Law Firm Articles
Interpretation And Enforcement Of Parallel Arbitration Clauses
The Hon'ble Supreme Court of India ("SC"/"Apex Court") in one of its most recent judgment laid down the law on interpretation and enforcement of parallel arbitration clauses. In the case of Balasore Alloys Ltd. Vs Medima LLC[1] decided on 16.09.2020, the Apex Court held that in such a situation, principle of harmony and reconciliation should be used as to determine as to which of the clauses would be relevant. In this case, the SC was faced with a situation where there were following two...
IRDAI Notifies Minimum Information For Insurers, Intermediaries And Insurance Intermediaries
On November 23, 2020, the Insurance Regulatory and Development Authority of India ("IRDAI") exercising its power under Sections 33(7) and 114A(2)(j) of the Insurance Act, 1938 ("Act") read with Sections 14 and 26 of Insurance Regulatory and Development Authority Act of India, 1999 ("IRDAI Act") notified the IRDAI (Minimum Information Required for Investigation and Inspection) Regulations, 2020 ("Notification")[1]. The Notification will come into force from May 24, 2021. The objective of...
Types Of Cyber-Crime & Cyber-Laws
The technological revolution has ushered in new platforms and methods for a variety of crimes in and though cyber-space. Cyber-crimes can be perpetrated against the government or individual agents, on physical or intangible properties. The borderless nature of cybercrime poses an immediate, grave threat globally, taking on forms ranging from electronic versions of traditional robbery, scamming, fraud, and identity theft to entirely new crimes as phishing, hacking, cyber-bullying, etc. ...
RERA Regime – Landowners & Promoters
Since the advent of the Real Estate (Regulation and Development) Act, 2016 ("RERA"), the authorities constituted thereunder ("Authority(ies)") have shown great resilience and adaptability in their approach in dealing with complex issues arising in matters of real estate, wherein multiple parties and stakeholders are involved. More often than not, joint development agreements between landowners and promoters contemplate complex area sharing arrangements, revenue sharing arrangements, or...
India's Personal Data Protection Bill 2019 And EU's General Data Protection Regulation – A Comparison
In 2017, the Apex Court of India, in the matter of Justice K.S. Puttaswamy (Retd.) v. Union of India, 2017 (10) SCALE 1 recognized the right to privacy as a fundamental right emerging from Article 21 of the Constitution of India. In light of this, Justice B.N. Srikrishna Committee Report on 'A Free and Fair Digital Economy: Protecting Privacy, Empowering Indians' stated that the state had a duty to put in place a data protection framework which, "while protecting citizens from dangers to...
Big Data, Law & Regulating Big Data
The term "Big Data" has been labelled amongst other things as a buzzword or a new-age "marketing term"[i], but a reading of the World Economic Forum's write up on Big Data clarifies that Big Data is not a "new or isolated phenomenon", but another phase (albeit a rather crucial phase that will change the way businesses and society functions) in a long evolution of how data is captured and used[ii]. But first, what is Big Data? Simply put, Big Data refers to very large and often...
Govt. Takes The First Step Towards Regulating OTT Platforms In India
The recent news about the Government issuing a notification thereby bringing online content providers (OTT platforms) such as Netflix, Hotstar, Amazon etc. under the ambit of the Ministry of Information and Broadcasting was more of an overenthusiastic reporting of the matter. As the news spread, more questions and concerns arose about the methods and ways of regulation and control. Though the message was not completely incorrect as the notification did bring these two categories under...
Labour Rights And Ease Of Doing Business: Concurring The Calibrations
India jumped to 63rd rank by 14 points in 2019 in the Ease of Doing Business Score by World Bank and has been one of the few consistent risers in the said list. The measure of Business Regulations over wide parameters ranging from starting a business, paying taxes, trading across borders to enforcing contracts and resolving insolvencies. One key parameter to the index which was excluded in the much talked about improvement of India's ranking in Doing Business report 2019 is regulating...
Beneficial Ownership: A Comparative Analysis
Under changes to India's foreign direct investment regulations (the "FDI Regulations") with effect from April 22, 2020, (i) an investment by entities of a country which shares a land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country; and (ii) any transfer of ownership of any existing or future foreign direct investment in an entity in India, directly or indirectly, resulting in the beneficial ownership falling...
PR Strategies For High Profile Litigations
The recent clamour around the Sushant Singh Rajput case has shown how and why does managing the public and the media perceptions matter in high profile litigation cases. Lawyers from both sides have incessantly given interviews to the media and have opined in a number of platforms including social media outlets regarding their take on the case. Such an active involvement by lawyers in high-profile litigations is required in order to prevent circulation of fake news or the formulation of...
How Lawful Is The Legal Representation Of Victim Child By Multiplicity Of Stakeholders Before Special Courts Designated Under POCSO Law?
A child never remains a child anymore, when a crime or series of crime is committed against him[1] for he has seen the other side of the known and unknown perpetrators, although the former rules the statistics. The government, civil society and institutions hailed the implementation of new law i.e. The Protection of Children from Sexual Offences Act, 2012 as amended by The Protection of Children from Sexual Offences (Amendment) Act, 2019[2] (hereinafter referred to and called as 'POCSO...
