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Showing posts from May, 2020

Medical Devices Sector: Prerogatives and Regulatory Reforms post COVID-19

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                                    OVERVIEW India is the 4 th Largest Medical Devices Market in the world after Japan, China and South Korea. The present Government is also trying to harness and stabilize the medical devices market in India, by allowing 100% FDI in the Medical Devices Sector. Through a recent notification, the Union Health Ministry has proposed to bring all medical devices including contraceptives and implants under the regulatory framework of the apex drug regulatory body, Central Drugs and Standard Control Organisation (CDSCO), mandating all medical devices to get CDSCO certification [1] India’s Ministry of Health and Family Welfare (MoHFW) and the Central Drugs Standard Control Organization (CDSCO) are the main regulatory bodies that are responsible for overseeing pharmaceuticals and medical devices within India. The CDSCO exercises regulatory control over the import of drugs and devices, and approves new medical products and clinical trials. [2]

Arbitrability of Oppression and Mismanagement Petitions in India: Dilemma of Courts

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Overview of the Post : "Various rulings of Indian Courts have led to development of the jurisprudence regarding the arbitrability of NCLT disputes in India. Firstly one needs to analyse the origin and context of the issue of arbitrability of NCLT disputes prior and post the entry into force of the Arbitration Act 1996. Secondly ,discussion on the jurisprudence of Indian Courts in this area, again, pre- and post-Arbitration Act 1996 ." Introduction The impasse over the arbitrability of National Company Law Tribunal (NCLT) disputes has been the debating point in domestic as well as international arbitrations. The Companies Act 1956 contains several provisions to protect the interest of minority shareholders of a company against unfair corporate management, most notable among them being the power conferred upon the shareholders to file a petition for oppression and mismanagement. Law and the current situation. Under Section 241 and 242  of the Companie