Customary Divorces under Hindu Law

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. While marriages was solemnised through the performance of rituals such as Kanyadaan, Panigraha, Saptapadi and such others, divorce was given through practices such as Chhor chutti, Chuttam-chutta, Khaniaba, Tyag-Patra, Furkatnama, Char-chitti etc. The emergence of Anglo-Hindu law during the British Rule created a...

An Insight Into The Limited Liability Partnership (Amendment) Bill, 2021

The Limited Liability Partnership Act, 2008 (Act) was enacted and notified in 2009 and since its inception, the Limited Liability Partnership (LLP) has been a popular type of business entity since it offers the best of both worlds, that is, partnerships and companies. It combines the flexibility of partnership firms that allow the LLP to form their own rules for their operation with the cost of compliance being comparatively less and the benefits of the Company that distinguishes the...

India's Crypto Quandary

The recent boom in the cryptocurrency industry worldwide has encouraged countries to evolve the legal landscape that governs virtual currencies. India, too, has seen some developments since RBI's ban of cryptocurrencies in 2018. However, the Indian government seems to be in a quandary about the acceptability and adoption of virtual currencies. Decrypting the developments in the regulatory space In 2017, a high level Inter-ministerial Committee ("IMC") was constituted to study the...

Territorial Jurisdiction In Intellectual Property Cases: A Judicial Overview

Territorial jurisdiction in intellectual property cases is a complex question of law that involves an interplay of the facts and the relevant statutes. Right holders are often perplexed about where to file the suit or which court is the appropriate forum to try the suit. This post shall enumerate the relevant statues/provisions, their contents and the judicial precedents that have forged the path for lawyers and right holders to approach the appropriate court. First and foremost, it...

The Skill Of Legal Writing

I am a huge believer of the maxim "verba volant, scripta manent" which means spoken words fly away, written words remain! The Essence of Legal Drafting A well-drafted document in my opinion can make or break a case. A legal document, regardless of whether it is a plaint, affidavit or contract serves two purposes - informing and engaging both the client and the court about the legal issue. It is essential for lawyers and judges to draft all legal documents with clarity, such that the...

The Importance Of Research In Legal Practice

Legal research and writing in my opinion are the backbone of a good lawyer. Here, writing would mean communication. Communication can be in written, oral and nowadays, even in video form. Hence, as legal practitioners it is crucial that we are thorough on the basics of legal research and legal writing, or as one would say, communication. Communication Is Not What You Convey; Rather It Is What The Other Person Understands. Clear, unambiguous and simple communication is vital to...

Tax Issues Arising Out Of A Sale Of Indian Securities By A Non-Resident To A Resident

One of the fundamental drivers of any transaction involving the sale of securities is the impact of tax laws on such transaction. In a securities sale transaction, if the seller is a non-resident, the complexities increase. This paper delves into the various tax issues that arise when a person resident outside India sells his/her/its stake in an Indian company to a person resident in India. 1. Taxability of the Income of a Non-resident: In India, the taxability of a person's income...

NPPA Caps Trade Margin For Six Essential Medical Devices

FROM 709% TO 70% - NPPA CAPS THE TRADE MARGIN FOR OXYGEN CONCENTRATOR, PULSE OXIMETER, BLOOD PRESSURE MONITORING MACHINE, NEBULIZER, DIGITAL THERMOMETER AND GLUCOMETER WITH AN AIM TO MAKE THESE MEDICAL DEVICES AFFORDABLE DURING THE EVOLVING SITUATION OF THE COVID PANDEMIC. The National Pharmaceuticals Pricing Authority (NPPA) invoked its extraordinary powers under Paragraph 19 of the Drugs (Prices Control) Order, 2013 (DPCO), to put a cap on the trade margin of the following medical ...

RBI's Guidelines For Digital Payment Companies – An Analysis

INTRODUCTIONIndia has always been inclined towards cash transactions. With the increase in usage of mobile phones and the accessibility of the internet, the digital payments system in India has witnessed exponential growth. The Government of India has been taking various steps/initiatives to change the mode of funds transfer in the country, aiming to create a Digital India. Most of these steps have been initiated by the government since the announcement of demonetization in India in...

Quia Timet Action – Meaning And Judicial Developments Regarding Its Scope

Over the past few months, there have been a number of suits which have been described as quia timet actions before the Madras High Court. Quia timet in Latin means "because he fears or apprehends".[i] In the cases of Cadila Vs. Morepen[ii] and Sun Pharmaceuticals Vs. Cipla Limited[iii], the Madras High Court has passed orders of interim injunction restraining the Defendant's from launching their products into the market. Thus, reinforcing the doctrine of quia timet and adding emphasis on...

When Savior Becomes The Abuser

"If I find the constitution being misused, I shall be the first to burn it." By saying this, the father of Indian constitution Baba saheb Dr. Bhim Rao Ambedkar assured each and every citizen of India that their fundamental rights, guaranteed by the constitution embodied in Part III, will not be violated and misused by any one in any manner. India, being the largest democracy, has a document called the Indian constitution, which ties the government to one end and its citizens to the other...

E-commerce Rules Amendments: Adding Or Stripping Away The Competition Jurisdiction?

The Government of India recently published certain proposed amendments ("Amendment Rules") to the Consumer Protection (E-Commerce) Rules, 2020 ("Rules") seeking public comments and suggestions. In this piece, we analyse some questions the Amendment Rules present from a competition law perspective. The Amendment Rules seem to further tighten the noose on e-commerce entities and incorporate several demands of offline traders and sellers on the e-commerce platforms who have been engaged in...