Tribunals Reforms Ordinance : Certain Points Of Concern

Adding another episode to its attempts to overhaul the Tribunal system in the country, the Union Government recently brought the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.The Ordinance, promulgated by the President on April 5, follows the Rules made by the Centre in 2017 and 2020, which came under severe criticism from the Supreme Court. The 2017 Tribunal Rules were quashed by the Supreme Court in the 2019 case Rojer Mathew vs South Indian Bank Ltd and...

CCI Takes On Tech Behemoths: WhatsApp Policy Update And Antitrust Concerns

Ever since WhatsApp notified its Terms of Service and Privacy Policy 2021 ('2021 update') on 4 January 2021, it raised eyebrows throughout the world, the most notable being Tesla CEO Elon Musk's tweet encouraging users to switch to Signal. Notably, the Union government has opposed the 2021 update on the grounds of data privacy concerns and differential treatment between Indian users and their counterparts in the European Union (EU). While WhatsApp has adopted a 'take-it-or-leave-it'...

Gauging The Constitutionality Of S. 69 Of The IT Act Vis-À-Vis Test Of Proportionality Laid Down In KS Puttaswamy

Section 69 of the Information Technology Act, 2000 (the "Act") affords the Central and State Governments the power to issue directions for the interception, monitoring, or decryption (hereon referred to as "surveillance"), of any information through any computer resource. However, is Section 69 of the Act constitutionally valid on the touchstone of the test of proportionality laid down in the landmark case of KS Puttaswamy v. Union of India?. Test of Proportionality In KS ...

Insolvency Amendment- Pre- Pack For MSME's

The Central Government recently promulgated the IBC Amendment Ordinance 2021, allowing a pre-packaged insolvency process for micro, small and medium enterprises (MSMEs), in consonance with international best practices. The ordinance in essence has amended the the Insolvency and Bankruptcy Code 2016 allowing the Central Government to notify such pre-packaged process for defaults of not more than Rs. 1 crore to be initiated by the corporate debtor. The Ordinance inter alia has inserted a...

What's New With Novation? A Comment On Sanjiv Prakash v. Seema Kukreja & Ors

A three-judge bench of the Supreme Court in SanjivPrakash v. Seema Kukreja & Ors.,[1] recently held that the issue whether an agreement which contains an arbitration clause has or has not been novated, cannot be decided by the Courts at the Section 11 stage. The judgment is a step forward, since it clarifies the narrow scope of judicial intervention at the pre-reference stage. Background Facts The issue arose out of a Memorandum of Understanding executed between members...

Google v. Oracle : Perspectives on Copyright, Fair Use and Industry Implications

On 5th April 2021 the United States Supreme Court (USSC) finally delivered its verdict on the most keenly watched copyright dispute of this century. USSC's 6-2 decision is a big win for Google as it overturned the 2018 decision of Court of Appeals for the Federal Circuit which decided in favour of Oracle. USSC held that Google's use of the Java Application Program Interface was a fair use as a matter of law. Origins of the Dispute The case started in 2010 when Oracle filed a law suit against...

Consumer Protection Act, 2019: A Criminal Imbalance

It is said, with great power comes great responsibility. Amidst the bunch of responsibilities that come with power, one of them is that of being aware of the consequences of the power that one wields. The Consumer Protection Act, 2019 ("Act") received the assent of the President of India and was subsequently notified in the Gazette of India on August 9, 2019. Several Sections of the Act came into force on July 20, 2020 and the remaining Sections came into force on July 24, 2020. ...

An Overview Of Vicarious Liability Under Section 149 Of IPC

An "Offence" shall mean any act or omission made punishable by any law for the time being in force as defined in Section 3(38) of the General Clauses Act. Section 40 of the Indian Penal Code, inter alia, defines the word "Offence" denoting a thing made punishable by this Code. Article 20(1) of the Indian Constitution by guaranteeing as a fundamental right, mandates that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the...

Omissions; It's Proof And Significance In Criminal Trial

One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. This is reflected in Section 155 (3) of the Indian Evidence Act which reads : "The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him: (1)…………… (2) ………… (3) by proof of former statements inconsistent with any part of his evidence which is liable to be...

Glow and Lovely: A Case of Woke Washing?

Robert Reich said, "If a certain action improves the corporation's bottom line, there's no point in labelling it "socially responsible". It is just good business." In the beginning of the year 2020, we witnessed a major upheaval in our lives, which could not have been fathomed otherwise. While the pandemic caged millions in their own homes, one tragedy- the murder of George Floyd by a Minneapolis Police Official, brought people to the streets for the cause of justice. The tremors of...

Demystifying The Limitation Period For Challenging The Arbitral Award

On 02.03.2021, the Supreme Court in the case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd. (Civil Appeal No. 791 of 2021), settled the law of limitation on filing a petition under S. 34 of the Arbitration and Conciliation Act, 1996 ("Act"). The court was countenanced with the issue whether the period of limitation for filing the petition under S. 34 would commence from the date on which the draft award was circulated to the parties or the date on which...

"Phishing – The Modern Day Techdemic"

With COVID-19 surmounting, there awaits something more. You may start wondering, what it is? So let me just introduce you to the new 'techdemic' that approaches us. Along with the ceaseless time came advancement which has been appreciated and facilitated all around the world, but as they say where there is a right, there is a wrong too. This global village which is connected with its internet highways enabling our access to anywhere anytime endangers our personal security by being...