AoA over SHA: Overriding Powers!

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By: Laxmi Joshi and Aditi Rani

Young India is turning entrepreneurial and with dozens of success stories of start-ups making it big, the age of entrepreneurship seems to have finally arrived. However, even a great and innovative idea, without adequate capital backing is not enough to set up a successful venture. Fund raising is a highly challenging task for any enterprise, especially a startup. With little to offer the traditional lenders in terms of hard assets, past performance and market value, most startups turn to private and professional investors for investments.

Can mediation be an alternate mode of dispute resolution?

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By Ramesh Vaidyanathan & Mansi Singh

Mediation is essentially a process of negotiation in which the conflicting parties come together to resolve a dispute with the assistance of a neutral mediator. The mediator merely facilitates the resolution of the dispute by creating a congenial environment and suggests solutions, but at the same time, lacks the authority to pronounce a judgment on the matter. Along with conciliation, mediation as an alternate mode of redressal of disputes offers flexibility, participation and consensus of all parties and is both time and cost-effective.

Foreign Funding for NGOs: Regulatory Compliances

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By: Ramesh Vaidyanathan and Laxmi Joshi

The Foreign Contribution (Regulation) Act, 2010 and rules framed under it (the “FCRA” or “Act”) regulate the receipt and usage of foreign contribution by non-governmental organisations (“NGOs”) in India. NGOs play an important role in the upliftment of the weaker sections of the society and their overall development. This is especially true in the case of India, where a vast majority of its population continues to remain under the poverty line and have little or no access to even basic facilities provided by the government.

Being non-profit organisations, operations of NGOs are entirely reliant on donations, both domestic and foreign. In recent times, many NGOs have come under the government scanner for alleged contravention of FCRA. As per news reports, as many as 11,000 NGOs have even lost their permit to receive foreign contribution. While, the government claims that the licenses were cancelled due to violation of the act, the NGOs are contending that the government is wrongly using its discretionary powers under the act to suppress voices of dissent, especially those against