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Marbury v. Madison: Summary and Analysis (IRAC)

FACTS “ John Adams, the second President of the United States of America, belonging to the Federalist Party, towards the end of his term as a lame-duck president, signed orders appointing forty-two new Justices of the Peace and sixteen new circuit court judges for the District of Columbia. These appointees were Federalists, as opposed to the incoming Democratic-Republican Party for the next term. ” “ These appointments, thus, were a result of a power tussle between the two parties, and such appointments would, in theory, ensure the balance of power in the judiciary remained with the Federalists, even after their party lost to the Democratic-Republicans. ” “ The commissions were signed by President Adams; however, they could not be delivered before the end of his term, thus spilling over to the succeeding President’s term. President Jefferson, the new President, instructed the Secretary of State, James Madison, to withhold delivery of the commissions, stating that the same ...

Alternative Investment Funds (AIF) in India - Simplified

Photo by Lukas from Pexels Alternative Investment Funds (AIF) Among the many ways of investing resources, one is through Pooled Investments or Funds. Pooled funds combine resources of multiple individuals, and such a combined portfolio is used to make one large investment. These funds drastically reduce the cost of investments, and give access to large scale opportunities with high returns. Alternative Investment Funds, defined under Regulation 2(b) of the SEBI (Alternative Investment Funds) Regulations, 2012 ( AIF Regulations ), are a type of privately pooled funds, which combine the resources of sophisticated Indian and foreign investors, and consequently, invest this combined portfolio as per a defined investment policy made for the benefit of the investors. These funds must be established in India as a company, trust, limited liability partnership or any body corporate. The definition under the AIF Regulations also makes a point to include all those funds whi...

A Short Note on the Regulatory Functions of the SEBI

Introduction Regulators in India are set up under their own statutes with a specific objective and consequently, carry out their functions keeping these objectives in mind. The Securities and Exchange Board of India ( SEBI ) was set up with the objective of promoting the safe, healthy and orderly functioning and growth of the securities market in India. SEBI is a quasi-judicial administrative body which works to achieve this objective. The primary function of the SEBI, laid down under section 11(1) of the Sebi Act, 1992 keeping in mind its main objective, is to create and promote the growth of a healthy, safe, fair and orderly securities market, while also ensuing the protection and the best interests of the investors. Based on these primary functions, section 11(2) of the SEBI Act lays down the specific functions of the SEBI, revolving around the main functions stated herein. These are summarised as follows: · Monitoring and Regulating the...

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