Articles
Making UPI Viable For Both The Public And The Facilitators
Unified Payments System['UPI'] was launched by the National Payments Corporation of India ['NPCI'] with the aim of integrating the payment mechanisms of India. Since, its launch in 2016, digital transactions using UPI has increased significantly. As per RBI's annual reports, for the year of 2015, total digital payments for retail transactions amounted to Rs. 1.54 lakh crores. However, after the advent of UPI, this number reached Rs.17.4lakh crores in 2022. This increase in transactions...
Governor's Gaffes
Certain recent statements of the Governor of Kerala have been startling. They smack of monarchial tendencies and are totally alien to our constitutional scheme. He has spoken of the withdrawal of his pleasure with regard to Cabinet Ministers. That gives the impression of all this being personal to him. The true position is wholly otherwise. The Constitution has adopted a form of government tersely described as based on the 'Westminster model' which is a constitutional monarchy. The...
Every Cheque Ever Issued In India Is A 'Security' Cheque | Column
"A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance."Just because a cheque is issued as a security does not mean that it will not attract the offence as defined under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act'). This position of law as enunciated by the Apex Court in Sripati Singh v. State of Jharkhand (Criminal Appeal Nos. 1269-1270 of 2021) LL 2021 SC 606 stands crystallised in a...
Falling Groundwater Table and Rising Pollution; The Twisted Tale of The Punjab Preservation of Subsoil Water Act, 2009
During the Green Revolution, Punjab and Haryana switched from their conventional crops (maize, pearl millet, pulses, and oilseeds) to the wheat-paddy cropping cycle, which took place in the late 1970s and early 1980s. The country's food security was ensured by the shift in planting patterns, therefore neither the Center nor the two states expressed any worry about the sustainability of the resources. When groundwater levels began to decline as a result of rice farming in central Punjab...
The Paranoid Panopticon: Draft Indian Telecommunication Bill
The Department of Telecommunication on 21st September released the Draft Indian Telecommunication Bill with the objective of revamping the legal framework governing the telecom sector. While the Draft tries to present a wholly redefined framework, yet it miserably fails to provide a solution to existing problems plaguing the current regulatory framework and consists of provisions which will further weaken the authority of the Telecom Regulatory Authority of India (TRAI). Presently the ...
Food Advertising Regulation And Consumer Protection In India
Advertising is the promotion of a product to a viewership to attract engagement and sale of a product, and has an impact on the interests of consumers. Regulation of food advertising methodologies is needed to ensure that the advertising strategies used are legitimate, and ethically express the details pertaining to the product, thus protecting the interests of consumers. Though there had been no unified statutory framework to regulate food advertising, the Consumer Protection Act 2019...
Metaverse As Workplace: Employment Issues
The way we work has undoubtedly changed, initiated first by technological developments and later by the COVID-19 pandemic. Hybrid offices have increased the use of virtual modes of working.[1] Enterprises have taken note of these developments and begun looking towards the next destination – the Metaverse. Metaverse refers to alternate digital reality, comprising a network of connected virtual spaces focusing on social interaction, often through avatars with their E-currency.[2]It is quite...
Law on Reels -Review Of Netflix's 'The Playlist' And Spotify's Legal Conundrums
''You can't use old laws for new times'' said the lawyer in the new Netflix series called 'The Playlist' which depicts the rise of the now well-known music streaming service Spotify. It has 6 episodes which are titled 'The Coder', 'The Industry', 'The Vision', 'The Artist', 'The Partner' and, of course, 'The Law'. In doing so, the series ensures that everybody involved in the inception of the company remains the hero of their own stories. The lawyer, in the series, accredited with making...
Equitable Distribution Of Property On Divorce? An Answer In Article 15
Article 15 (3) of the Constitution of India enables the State to pass laws that equalizes rights and grants opportunities to women in every field of their lives. However, the lack of laws which provide for an equitable distribution of the properties of the spouses upon divorce, is a glaring shortfall by the State in its commitment to ensure substantive equality. The Law of Maintenance and Alimony in India that governs the financial entitlements of a wife at the time of divorce, does not...
Confession & Section 25 Of Indian Evidence Act
Given the fact that voluntariness or consent of an individual is the fundamental prerequisite for giving testimony in court, it becomes imperative to ensure that the accused is not in an environment notorious for extorting statements while making a confession. The historical instances of attempts to secure confessions either by hook or crook display the alpha and omega of police officials. The court has asserted that instead of starting the investigation from confession, it should be...
Pre-Institution Mediation Under Commercial Courts Act
A series of judgements since early 2021, culminating in the decision of the Supreme Court in M/s. Patil Automation Private Limited v Rakheja Engineers Private Limited (2022 LiveLaw (SC) 678 )have discussed the scope of section 12A of the Commercial Courts Act, 2015 (the Act), that prescribes mediation before commercial disputes are filed before the court. In August this year, the Supreme Court in Patil Automation, declared that section 12A of the Act, is mandatory. Consequently, it held...