Law Firm Articles
Doorstep Delivery Of Certified Copies From Delhi District Courts: Whether An Experience Of Reality Or Aberration?
The adjournments, for whatever reason(s), have been an Achilles' heel for the litigant, if not alone for the justice system. The sense of seriousness towards the menace adjournments create, although subtly and in a tolerant manner in the system, gets pinching attention, when the like treatment is meted out to the litigant and the counsels, with repeated dates by the copying agency, for getting the certified copies of the judicial records. The system and its functionaries, may have ...
The Development Of Corporate Criminal Liability In India
The attribution of criminal liability to corporations has been a contentious subject since the eighteenth century, when they became more ubiquitous. Legal systems across the globe have since adopted various approaches to locate a balance between ensuring that public interest is adequately protected and that the regulatory environment is favourable for trade and commerce.Classically, criminal liabilities were only seen to be attributed to quasi-public corporations when there were claims of...
Denial Of Voting Rights To Undertrial Prisoners: An Unreasonable And Unjust Disqualification
When discussing the definition of democracy, Abraham Lincoln's words come to mind. He defined democracy as "Government of the people, by the people, for the people." This definition of democracy by former U.S. President speaks volumes and captures the essential feature of democracy – People or Citizens. One of the most important features of a democracy is its focus on active participation of the people as citizens in the political and civic life. In a democracy, people have the...
Sweeping Reforms To India's Securities Regulations
Late last month, the Securities & Exchange Board of India (SEBI) took several key decisions in its board meeting, including: the introduction of a gold exchange framework;the establishment of a social stock exchange;stricter norms for related party transactions; andrelaxed criteria for delisting and superior voting rights framework. This update discussed the key changes and analyses their impact on India's securities market. Framework for a gold exchange In an attempt...
An Alternative To Section 66A Of The Information Technology Act, 2000: Revisiting Shreya Singhal Case
In the 21st century, the Internet has become a facet of this modern era. Marking the century as the commencement of the digital world and the digital revolution. Concerning the steps taken by the Indian government to digitize probably everything, we have reached a stage where 'Online World' has become a part of our daily life. A considerable amount of time is spent by most of the people online. This has also let us evolve with various legislations to deal with crimes of the Cyberworld...
Prepaid Payment Instruments – The Future Of Online Payments
Numerous technological innovations, revolutionary progress in Fintech and the ever-growing use of Prepaid Payment Instruments ("PPIs") has led to regular amendments in the Master Directions on issuance and Operation of Prepaid Payment Instruments[1] ("Previous Master Directions"). Therefore, Reserve Bank of India ("RBI") has now issued a consolidated master directions on PPIs on August 27, 2021[2] ("New Master Directions"). Certain new changes have also been made in the New Master...
Emergency Arbitration In India – Concept And Beginning
In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an "Achille's Heel"[1]. Emergency Arbitration (EA) in the guise of an emergency relief is an upcoming concept in the field of arbitration suitable for those who want to protect their assets and evidence that might otherwise be altered or lost. Such arbitration is usually agreed to and arranged by the parties themselves without recourse to a Tribunal at the first instance. The...
The Insolvency And Bankruptcy Code – Respite To MSME
The Insolvency and Bankruptcy Code 2016 (Code) has now been maturing over the period of time with various precedents and clarifications being issued from time to time by the adjudicating authority. The Code, since its implementation, changed the entire symmetry of the debtor creditor relationship. The Code has recently brought relief to the Micro Small and Medium Enterprises (MSME) by relaxing the applicability of the provisions of Section 29A with respect to submission of a resolution...
WAGES (As per the new wage code)
The Code on Wages, 2019 ("Code") received assent of the president on September 28, 2020. The Code focuses on simplifying the existing labour laws dealing with payment of wages, overtime, bonus, minimum wages etc. by bringing uniformity in the definition of terms and reducing the burden of filing returns and maintaining the registers under different acts. The Code will subsume four Central labour legislations namely the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of...
Will The Changes Proposed To India's Telecom Sector Have The Desired Effect?
Through a press release issued on September 15, 2021, India's Union Cabinet has announced structural and process reforms to India's telecommunication sector. These reforms are expected to infuse liquidity, encourage investment and reduce the regulatory burden on Telecommunication Service Providers ("TSP"), who have been bruised by declining tariffs, dues payable to the government and a rising debt burden. 100% foreign investment permitted The Union Cabinet has approved 100% foreign...
India's Supreme Court Affirms The Legality Of Dream11's Online Fantasy Sports
Online fantasy sports ("OFS") have seen a major surge in India in the last few years. This has resulted in questions being raised on the legality of OFS platforms (i.e., OFS platforms encourage pure gambling and are not "games of skill") before different High Courts in India. On July 30, 2021, India's Supreme Court (the "SC") dismissed a special leave petition challenging the legality of Dream11's OFS gaming platform. Dream11, a flagship brand of Sporta Technologies Private Limited,...