Exclusionary Conduct Of Competition Law In India And The Jurisprudence Behind It

Anti-trust laws are essentially the Magna Carta of free enterprise. In principle, the aim of anti-trust laws is to protect the integrity and core of free market in an economy by protecting dissipation of monopolistic power in the hands of dominant individual enterprises and protecting consumer interests in the process. However, dwelling into the jurisprudential context of why and how should competition laws even exist in an economy, we find that while these laws serve to regulate and act...

Is Artificial Intelligence The Next Big Thing In The Field Of Law?

It’s nothing but a paradox. We often talk about the Justice system as an antidote to human failures - the duty of the state to punish perpetrators of crime who often give in to intense passions of jealousy, deceit and misdemeanour. But what if this very system of justice is unable to maintain fairness and reeks of another human failing – biasness? What if the system, to begin with, is not even diverse enough to represent the society as a whole? It is undeniable that as humans we are...

Need To Stop Hate Speech On TV News Channels

How many times have you taken off anchors? Have you dealt with anchors in the way you send a message?” These questions were asked by the Supreme Court (SC) from News Broadcasting Standards Authority (NBSA) while hearing a batch of cases involving allegations of hate speech. This evidently shows the anxiety of the SC on absence of any institutional mechanism to regulate the TV News anchors spreading hate speech. The Bench also wondered why the government has become a “mute spectator” to this...

10 Important Data Protection Practices To Keep In Mind For A Startup In India

Recent years have seen a digital boom worldwide resulting in the explosion of digital data collection and distribution. This issue has raised the important question of how to deal with this huge amount of data being collected by the companies all over the world. Various countries have formulated laws in order to deal with the issues of data privacy and data protection. India has come a long way in dealing with the data privacy and protection starting with the enactment of the...

Payment Of EPF Dues Under The IBC – Supreme Court Paves Way For Full Realization

In Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. , the Supreme Court had clarified that any claim not approved under the resolution plan by the Adjudicating Authority shall stand extinguished. The Apex Court had upheld the Insolvency and Bankruptcy Code (Amendment) Act, 2019 wherein the governmental authorities had been classified within the ambit of operational creditor under Section 5(20) of the Insolvency & Bankruptcy Code, 2016 [Code]. ...

Care, Rights of Abortion Survivors

The Indian Judiciary in accord to ascertain women’s rights or equality rights strives to locate the possibilityof abortion even after the gestation limit of 24 weeks under section 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021. What if the child so aborted is born alive? The enigma is to balance — the rights of women i.e., “pro-choice” and rights of an abortion survivor i.e., “pro-life. Be it may any situation — a pregnant minor, a rape victim, or foetuses’...

Discretionary Power of Arrest Under Section 41A Of The CrPC

Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. Section 41-A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), However after the enactment of the said amendment, various representations were received by the Union Government, Thus, some specific amendments were brought in by the Code of Criminal Procedure (Amendment) Act, 2010 (41 of 2010). The earlier...

Can NCLT Conduct A Full-Fledged Trial?

Tribunals have always had an urban legend surrounding them that their proceedings are only summary in nature and they can render only prima-facie findings and are devoid of jurisdiction while adjudicating a matter revolving disputed facts. The perception concerning National Company Law Tribunal (“NCLT”) finds no exception to this. To uncover the same, this article attempts to analyse various provisions and judicial precedents, to answer the whether the NCLT under the Companies Act, 2013...

The Designer Baby Quandary- An Insight Into Gene Editing And Its Legality

Gene editing or genome editing, a type of genetic engineering is a method of altering an organism’s DNA. it may involve adding, removing or altering the genetic material in the genome. A prominent one among the various developed approaches is the CRISPR-Cas9 (Clustered regularly interspaced short palindromic repeats) approach. The prominence of this approach emerges from its increased efficiency, accuracy and being comparatively cheaper in relation to the other methods.The avid interest...

Surveys, Searches And Seizures: Some Constitutional Dimensions

Traditionally, under the law and the Constitution, the process of search and seizure by authorities was legal only when backed by a warrant showing probable cause. This principle is the bedrock of individual liberty and privacy against the tyrannical state in the common law world. In the words of Lord Camden in 1763 in Huckle v. Money, “To enter a man's house by virtue of a nameless warrant, in order to procure evidence, is worse than the Spanish Inquisition.” The rapid expansion of...

Election Commission & Dissent Within Political Parties, Time To Consider Reform Of Anti-Defection Laws

The Election Commission decided to reserve the “Bow & Arrow” symbol to the Maharashtra Chief Minister, Eknath Shinde’s faction of the Shiv Sena while the Supreme Court deferred the reference to a seven-judge bench of the question ‘whether the Speaker can adjudicate disqualification petitions under the Tenth Schedule - if the motion for her removal from the office is pending before the House – because it is abstract.Though both these news events on Friday had to do with the ongoing tussle...

Whether Cooperative Societies Come Under The Purview Of Sec. 2(H) Of RTI Act, 2005?

It has long been a matter of debate whether a cooperative society would be subject to the requirements to provide information under the RTI Act and fall under the definition of "public authority" as per Section 2(h) of the said Act. Before delving into the nuances of the subject, lets understand what a cooperative society is. “A co-operative association is a union of individuals commonly laborers, farmers, or small capitalists, formed for the prosecution in common of some productive...