Intermediary Status: Socially Available, Legally Endangered

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("New Guidelines") came into force on 25 February 2021, superseeding the Information Technology (Intermediary Guidelines) Rules, 2011 ("Previous Guidelines") framed under the Information Technology Act, 2000 ("Act"). These New Guidelines required 'significant social media intermediaries' to comply with the same by May 25, 2021. Meanwhile, Whats app has also approached the High Court of Delhi...

USTR Special 301 Report Of 2021: Key Takeaways For India

India and the United States of America ('US') have always shared a long-standing and cordial trade relation, whereby both nations have viewed each other as important strategic partners for the advancement of common interests. This is evidenced primarily by two reports, first being the US Congressional Research Service (CRS) report dated December 23, 2020[1], which showcased that US bilateral trade with India accounts for about 3% of the total US world trade and the second being the United...

Protection Of Cartoon Characters In India

We all are well aware of several internationally renowned cartoon characters viz. Superman, Batman, Scooby Doo, Mickey Mouse, Tom & Jerry, Flintstone, Tintin etc. and our domestically originated fictional characters like Chacha Chaudhary and Sabu, Tenali Raman, Supandi, Shikari Shambu etc. These characters can very well be categorized as graphic characters, whereby a graphic character means one, which can be depicted by a cartoon or other graphic representation. In this article, we...

Treatment Of 'Inter-Connected' Transactions Under Indian Competition Law

The identification and treatment of transactions that are 'inter-connected with a notifiable 'combination' is fraught with uncertainty. This article aims to provide an overview of the existing Indian merger control framework in the context of 'inter-connected transactions, and address some ambiguities in this regard. A. Applicable Law Under the Competition Act, 2002 (the "Act"), any merger or acquisition, where the parties to such transaction exceed either the asset or turnover...

IP Waiver In The Pandemic: A Human Rights V. IPR Debate

The Trade related Aspects of Intellectual Property Rights Agreement or the TRIPS as it is popularly called came into existence in 1995. It lays down certain minimum standards for the protection and enforcement of intellectual property rights worldwide. Owing to the divide between the global north and the global south, the IP protection standards as mentioned under the TRIPS are tilted in the favour of international corporations and developed countries. Developing countries due to their...

The Onslaught Of COVID-19 On A Secured Childhood

If a nation wants to secure a prosperous future, it probably needs more than just capital; minds that can employ it to create an asset that may ensure progression. These minds are those belonging to the nation's progenies. Unfortunately, for more than a triggering a number of children in India, the second wave of covid19 came as a frost on the lenses of their clear future, making it blurry at best. The plight of these vulnerable souls and in worse cases incomprehensible ones is such, that...

Personal Guarantors Under The Insolvency And Bankruptcy Code, 2016

The Supreme Court of India in Lalit Kumar Jain vs. Union of India & Ors.[1] has dismissed a challenge to a notification dated 15.11.2019 issued by the Ministry of Corporate Affairs,[2] which brought into force the following provisions of the Insolvency and Bankruptcy Code (hereinafter referred to as the 'Code'), 2016: Clause (e) of Section 2Section 78 (except with regard to fresh start process) and Section 79Sections 94 to 187 (both inclusive)Clause (g) to clause (i) of sub-section...

Is UPSC Law Optional A Good Scoring Subject ???

To check on the analysis on law optional syllabus click here Let me introduce you to few peopleWhy suddenly these people? Simply because they are toppers of CSE who had law as their optional subject across various timeline! Yes, law as optional in UPSC can make you a topper. Take a look at the table below: MAINS NAME AIR BACKGROUND LAW OPTIONAL MARKS 2019 C.S Jeydev 5 ...

Recent Developments In Bail Jurisprudence

The egalitarian maxim "Bail, not Jail" enunciated by Justice V. R. Krishna Iyer seemed to have got watered down in the past decades. The number of under trial prisoners in jails kept inexorably increasing over the years. As the graph below would show, more than 18000 under trial prisoners had, as on 31st December 207, been languishing in jails (bereft of either conviction or acquittal) for more than three years.Thankfully, decisions by the higher judiciary, in the last few years, have tended to...

Lenders To Initiate Insolvency Proceedings Against Personal Guarantors

With the recovery proceedings under the Insolvency and Bankruptcy Code, 2016 ("Code") not moving at the pace that it should, the Government, on November 15, 2019 came out with a new provision that empowered banks to move an application for initiation of insolvency against personal guarantors, who are usually promoters of big business houses. The intention was to hold liable the promoters of the defaulter companies who had furnished personal guarantees for the loans taken by their...

Champerty As Consideration For A Contract: Efficacious Or Illegal?

This article aims to flesh out the concept of champertous contracts; explore their treatment in the Indian legal scenario vis-à-vis the interpretations offered by foreign jurisdictions; scrutinize the dynamic jurisprudential change animating the concept of champerty and shed light upon the emergence of a multitude of ideations and arguments, both within and out of the Indian legal system, favoring and rationalizing contracts in the nature of champerty as an efficacious mechanism for third parties to fund litigations.

Does The Prevention Of Money Laundering Act, 2002 Safeguard Third-Party Rights In The Course Of Attachment Of Properties?

The Prevention of Money Laundering Act, 2002 (the "Act") was enacted to prevent ill-gotten wealth being reintroduced into India's financial system. A key feature of the enactment is the power of the investigating agency under the Act, i.e., the Directorate of Enforcement (the "ED"), to provisionally attach any property believed to be involved in money laundering for an initial period up to 180 days from the date of such attachment. Section 5 of the Act ensures that proceeds that are...