Category: Environmental Law

Section 245 Derivative Suits: Independence, Good Faith, and the Governance Paper Trail That Wins Dismissals

Author: Nitin Jain Independence : Did Deciding Directors Have Conflicts That Compromised Judgment? Derivative petitions often target transactions where board composition raises independence questions. The practical standard for independence in these suits is more demanding than technical definitions: courts look at relationships, incentives, and context that could reasonably affect judgment. The defense is built not... Continue Reading →

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ESG Litigation in India: When Promoter Commitments Become Courtroom Evidence

Author: Nitin Jain  Keywords: ESG litigation India, SEBI enforcement ESG, shareholder derivative suits India, promoter liability ESG, securities class action India, greenwashing litigation Meta Description: ESG misstatements are triggering shareholder litigation, SEBI enforcement, and promoter liability in India. A disputes partner examines the litigation risks behind corporate ESG commitments. In the two decades that I've... Continue Reading →

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BEING A CONSCIOUS BUSINESS : REFLECTIONS AGAINST THE MIRROR OF ESG

The current BRSR framework has been envisaged keeping in mind all the relevant factors from the viewpoint of stakeholders. However, there are certain grey areas which need immediate attention like the lack of sector specific information and straitjacket “yes/no” questions which could severely mislead a third party. 

Covid-19 Update: Revised Guidelines For Handling of Waste Generated During Treatment Of Covid-19 Patients

The Central Pollution Control Board (“CPCB”) on 19th March 2020 issued guidelines for handling, treatment and disposal of Covid-19 waste at Healthcare Facilities, Quarantine Camps/ Quarantine-homes/ Home-care, Sample Collection Centers, Laboratories, State Pollution Control Boards (“SPCBs”)/ Pollution Control Committees (“PCCs”), Urban Local Bodies (“ULBs”) and Common Biomedical Waste Treatment Facilities (“CBWTF”) which includes setting up... Continue Reading →

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New Compliances in relation to Bio-Medical Waste Handling

The economic and environmental consequences of bio - medical waste have come to be a paramount issue of concern in developing countries. Safe handling of bio-medical waste has always been the biggest concern for health authorities in India for, if waste is not managed in an appropriate fashion, it can unleash a major threat to... Continue Reading →

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