Evolving MSME Jurisprudence: A Look At Important Decisions From 2023

In the dynamic realm of Micro, Small, and Medium Enterprises (“MSME”) Law in India, the year 2023 emerged as a pivotal chapter marked by significant judicial pronouncements that reshaped the contours of this relatively nascent legislation. The long title of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) sets out the reasons for its enactment – namely, “to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small...

Justice Abhijit Gangopadhyay: Calcutta High Court Judge With Penchant For Courting Controversies

Recently, Calcutta High Court judge, Justice Abhijit Gangopadhyay stirred controversy when he ignored and declared illegal an order of a division bench presided over by Justice Soumen Sen, who had stayed the single judge's order for a CBI probe into medical admission irregularities in West Bengal.Justice Soumen Sen, a senior judge, presided over a division bench also comprising Justice Uday Kumar, and stayed the single bench's verdict upon noting that no opportunity was given to the State to...

Republic In The Crosshairs Of Authoritarianism & Constitution

The consecration and inauguration of the Ram Temple at Ayodhya by Prime Minister Narendra Modi on 22 January 2024 marked a very crucial moment in the history of the Republic. This moment not only showcases the conspicuous, blatant, and systemic intertwining of state, politics, and religion. It has even given short shrift to constitutionalism while bringing to the fore the metamorphosed nature of the Indian state. Differently put, the regime inaugurated in 2014 with Modi as PM in general and the...

The Mediation Act, 2023: Paving The Way For India As A Mediation Hub

Mediation is a process whose avowed objective is to provide a safe space for disputants to resolve their disputes without getting stuck in the mire of procedural complexities and legal constrictions. It is therefore paradoxical that we need a law to regulate mediation itself. But being a society governed by the “Rule of Law”, we need a law to confer legitimacy even on something that is meant to enable us to come out of the “tyranny of the laws”. That is why we now have the Mediation Act, 2023...

Synthetic Media And Legal Quagmires: Unveiling Deep Fakes In The Indian Legal Context

The media landscape is currently experiencing a profound transformation due to the introduction of AI-generated content, marking an imminent shift in both media production and consumption. The creation of media has transcended physical boundaries, evolving into a fully digital process,allowing for innovative approaches to content generation. This newly evolved media known as 'Synthetic media' encompasses a broad spectrum of techniques involving the creation, alteration, and manipulation...

Hague Convention On The Service Abroad, 1965: Litigation And Explanation

The Hague Service Convention must be embraced and upheld in order to preserve a cohesive legal system, advance cross-border legal certainty, and eventually fortify the basis of international legal relations. When the plaintiff files a lawsuit, the defendant must be notified that a lawsuit has been filed against him and that he must appear in court to defend it. Technically, the intimation that the defendant receives from the court is referred to as 'summons'. According to the Oxford...

Finfluencers And The Mandate Of Registration: The Way Forward

The year of 2023 witnessed a series of crackdown by SEBI on financial influencers, or Finfluencers i.e., individual or group of individuals who provide financial advices on social media. Notable individuals like PR Sundar, Mohammad Nasiruddin Ansari (operating as "Baap of Chart"), and Gunjan Verma faced stringent actions for spreading false and misleading information, resultantly, leading the public to make misguided investment decisions. It is pertinent to note, in India, providing...

Harmonizing Horizons: Unravelling Digital Lending Regulations in a Global Context

Driven by technical improvements and improved internet access, digital lending is on the rise in India with the goal of improving financial inclusion. Although digital lending offers a practical substitute for traditional banking, the lack of a complete regulatory framework has led to unregulated behaviour in this sector. Several occurrences have brought attention to the risks involved in unregulated digital lending. Recently, a Bengaluru engineering student committed himself in as a...

Homebuyers' Quandary Over IBC And RERA

The world's most populous nation, India, has seen significant expansion in the real estate market due to rising housing demand, particularly in urban regions. The Real Estate (Regulation and Development) Act, 2016 was introduced by the Indian government to protect the rights of allottees or homebuyers.[1] The purpose of this Act is to control the real estate industry and provide equitable procedures, prompt information exchange, and settlement of conflicts between purchasers and...

The Lost Cubicle: Reassessing Work-From-Home Paradigms In The Post-Pandemic World

Work From Home ('WFH') or remote work is the practice of working from one's residence or any other location which is not one's official workplace. Often interchangeably used with the term 'telework', WFH is a subset thereof, as the former also includes the work performed while travelling. During the COVID-19 pandemic, working from home emerged as the predominant mode of professional engagement and productivity, with all sectors save essential services switching to remote working patterns....

Why Recent Criminal Law Reforms Might Not Fast-Track Justice in India

Mere enactment of a new set of laws and overemphasis on the use of emerging innovative technological solutions will not bring any miraculous change in the Indian Criminal Justice System if these underlying challenges are not addressed. The law serves as a powerful catalyst for societal transformation and acts as a dynamic tool capable of shaping the very fabric of our communities. Criminal law in particular plays a crucial role in adapting the legal system to the evolving needs of...

Group Of Companies' Doctrine & Impact On Public Share-Holders

The Supreme Court's recent judgment in Cox & Kings Ltd. v SAP India Pvt. Ltd. & Anr., has laid the permanent foundation of the Group of Companies' doctrine to enable a non-signatory to become a 'party' to an arbitration. This doctrine has increasingly become important in the context of arbitration of commercial disputes relating to large companies, most of which are publicly listed and invariably organize their business into a web of other group companies handling different...