Scope Of Enquiry And Judicial Notice While Granting Mesne Profits And Damages For Unauthorized Occupation Of The Leased Premises

A person doing something with full knowledge of its adverse consequences must face the consequences. Applying such a principle to cases of continuation of occupancy despite termination of lease, it is to be held that such a person is liable for paying mesne profits and damages at a rate which may be higher than the agreed rent and may be equivalent to the then the prevalent market rate of rent. It is also a common sight in our litigation system that unscrupulous parties delaying...

Leaving OTT Communication Services To Their Own Devices

On September 16, 2020, the Minister of State for Communications, Education and Electronics and Information Technology during a session in the Lok Sabha, informed the Parliament that the Telecom Regulatory Authority of India ("TRAI") had published its recommendations for the Department of Telecommunications ("DOT") to regulate Over the Top ("OTT") Communication Services[1]. OTT communication services are those services that provide real-time communications solutions that operate over...

Foreign Judgments On Matrimonial Disputes And Their Enforceability In India

'Comity of Courts' or 'Judicial Comity' is a principle of law that essentially entails that Courts of a particular jurisdiction will recognize and give effect to the judgments of a court of a different jurisdiction, out of deference[1]. The Code of Civil Procedure, 1908 ("CPC") recognizes the principles of judicial comity and states that a foreign judgement shall be conclusive as to any matter adjudicated upon[2] and upon the production of any document purporting to be a certified copy...

National Education Policy, 2020

The National Education Policy 2020 (NEP) has laid out a vision about what education in India should be like in the upcoming years. The NEP has focused on many changes to teaching, learning and regulatory framework of primary, secondary and higher education. The NEP proposes the revision and revamping of all aspects of the current education structure, including its regulation and governance, to forge a new education system that is on par with the aspirational objectives of 21stcentury ...

Bribery and Money-laundering Risk Management In M&A

Perhaps there has never been a better time then the present to undertake cross-border M&A activities as the world is turning into a highly integrated global market. However, as government agencies and regulators around the world are strengthening their enforcement efforts (having unearthed major bribery, corruption and money laundering related lapses by various corporates in recent years), corporate activities have come under increased regulatory scrutiny. A target's historical and...

One Year Of The CCI's 'Green Channel' Route For Deemed Approval Of Combinations

The Competition Commission of India (the "CCI") recently commemorated the completion of the first year of the 'Green Channel' approval route for combination filings in India,[1] by way of which, combinations which meet certain criteria are deemed to be approved upon filing a valid short form notification (Form-I) with the CCI, i.e., such transactions are deemed to be approved without the need to wait for a formal approval notification from the CCI. Transactions which may avail of this...

Refugee Protection In Canada As Basis Of Immigration

No one wants to leave their native place but when the protection of yourself and your family is concerned, then you need to make certain compromises. If a country you were born into or live in does not guarantee you and your family safety, then can you live in such a fear? The Case of Siberia is something everyone has heard of. How so many people were stranded from their homes in a day and were left with nothing. That is the reason why many people take shelter of another country to save...

Multiple References In One Contract

As Arbitration is gaining popularity as preferred mode of alternative dispute resolution mechanism, it has been observed that in commercial contracts, parties refer their disputes to arbitration at different stages of such contracts, by way of separate references. The nature of contracts is such where parties are not required to wait for completion of contractual period, for referring all their disputes to arbitration in one go and the same can be referred even during the currency of such...

Period Of Limitation In Execution Of Foreign Award In India

About 5 months ago, when a two judges' bench of Hon'ble Supreme Court of India ("SC") decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex court has now put to rest even the issue concerning the period of limitation for execution of a foreign award by a judgment of three judges' bench in the case of Government of...

The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades. It is considered to be the most appropriate method amidst the 'Alternative Dispute Resolution' mechanisms as it is cost-effective, flexible, amicable and addresses the conflict in the most cordial of manners. Mediation is a process in which a third non-partisan party seeks to stimulate a voluntary and an unconstrained agreement between the parties in conflict by using negotiation...

Consumer Protection Act 2019 – A Comprehensive Analysis

The Consumer Protection Act, 2019 ("New Act") heralds the beginning of a new era of consumer rights in India that are in sync with new-age consumer expectations. It carries forward the rich legacy of The Consumer Protection Act, 1986 ("1986 Act") that was considered path-breaking at the time of its enactment, but which was unable to meet the challenges of a rapidly growing, sophisticated and inter-dependent market for goods and services.The 1986 Act was amended from time-to-time to...

Financial Parameters For The Covid-19 Resolution Framework || One Size 'Does Not' Fit All

On August 6, 2020, the Reserve Bank of India (RBI) took a significant step towards scaling the exponential onset of financial stress induced by the COVID-19 pandemic and put forth a series of regulatory measures through its Circular bearing no. RBI/2020-21/16 DOR. No. BP. BC/3/21.04.048/2020-21 titled 'Resolution Framework for COVID-19 related Stress'. The 'August 6th Circular', as is being colloquially referred since, laid down certain directives that are aimed at providing an interim...