Medico-Legal Regulation Of Clinical Trials In India

Medico-Legal Regulation Of Clinical Trials In IndiaMedical innovation, research and development are a necessary arm for the health care sector and medical advancement helps in securing public health and also to reduce the effects of deadly diseases. What is the meaning of term “clinical trial”? Clinical Trial is a term used to define research in the field of medicine, wherein new tests and experiments are conducted with an objective of identifying its potential benefits and risks on human...

From The Ancient Code To The Modern Charter: A Portrait Of A Changing Society

Moses, Hammurabi, and Manu are considered as the 'First Lawgivers' of ancient civilisations. The Manusmriti, composed between 200 BC and 200 AD, is the text which regulated the day-to-day life of the Indian Society. Attributed to 'Manu' it laid down a strict and rigid code based on 'caste' distinctions. Moreover, the transgression of any rule laid down by it would lead to punishment which could be different according to the caste to which the 'offender' belonged. Consequently, this ...

Asset Replacement Under PMLA - M3M Builder Landmark Verdict

Prevention of Money Laundering Act, 2002 (“PMLA”) has been a law of fierce enforcement, known for its severity, rigor and stringency has been recently interpreted for an attachment of property case of Joint Director & Anr. v. Eastern Institute for Integrated Learning in Management University & Anr., by the Supreme Court, which raises eyebrows and leaves a few questions to ponder upon.The Enforcement Directorate (“ED”) provisionally attached high-value assets of M3M in a money laundering...

Governance Of Artificial Intelligence (AI) In India

The word 'intelligence' has its etymological roots in the word 'intelligere', which means “to understand”. When an individual has the ability to comprehend and engage with a particular situation, he is said to possess the required degree of 'intelligence'. This ability to deal with a given scenario could be based on a variety of factors, which may include inherent proclivities, training, tendency to deviate from established norms in light of practical difficulties, etc.The National Strategy for...

The Panoramic View Of The NSE Co-Location Case

The 'NSE co-location' case is a security market scam that surfaced owing to the courage of a whistle-blower in 2015, in which some brokers and National Stock Exchange (“NSE”) officials were involved in sabotaging the system for securing gains during the market trade. The first question which arises in this instance is – What do we mean by 'co-location' in this regard? Co-location is a service given by the NSE allowing trading members to have their own servers within the exchange's data centre,...

Damage Control: Litmus For Liquidated Damages In India

"Hope for the best and draft for the worst" is a principle on which any contract should be drafted. The Indian Contract Act, 1872 allows the parties to divide the risk and anticipate remedies for breach. Among the instruments at hand, liquidated damages act as a contractual estimate of probable loss and serve a purpose of avoiding litigation and promoting commercial certainty. The idea behind pre-estimating damages at the time of contracting is to help parties manage risk, reduce...

Labour Legislations For Women – An Encouraging Factor For Women To Work?

India is the most populous country in the world. Not only this, the demographic proportion of its population is such that the percentage of youngsters, rather, people belonging to the active work-force cover the majority portion of the pie-chart. While this sounds very promising, it also has a downside due to insufficient employment opportunities. This is where India is reduced to become a lucrative destination for cheap labor for multi-national companies. With this outset, there is another...

The DRHP Rulebook: Volume II – Our Business And Industry Overview

When the story of an IPO begins, it sprouts from context and credibility. Volume I of The DRHP Rulebook, explored the Risk Factors chapter - the issuer's structured confession of vulnerabilities and regulatory red flags. This second installment advances that journey, shifting from disclosures of risk to disclosures of reality: the Industry Overview and Our Business chapters.These twin chapters don't just describe, they define. The former maps the issuer's external ecosystem; the latter, the...

“More Likely Than Not”: Preponderance Of Probabilities In Indian Securities Law

Imagine a trading floor “part war room, part theatre” where numbers flicker like sparks from a live wire. In this high-stakes arena, fortunes are made in milliseconds. But beneath the surface, unseen hands tilt the scales. Insiders whisper tips behind encrypted screens, manipulators stage trades that mimic genuine demand, and every move is cloaked in digital smoke.For SEBI, finding a smoking gun (direct evidence) in the form of a damning message, a recorded call, a confessional slip is nearly...

Premium Vs Rent: A Principled Approach To RERA's Jurisdiction Over Lease Transactions

The Real Estate (Regulation and Development) Act, 2016 (“the Act”), was enacted with the core objective of safeguarding the interests of homebuyers.[1] While the Act has brought significant transformation to India's real estate landscape, its applicability to lease transactions remains a contentious issue in many states. The ambiguity surrounding the applicability of the Act to lease transactions arises from seemingly contradictory provisions of the Act. Section 2(d) includes within...

Employment Bond: Supreme Court Balances Contractual Freedoms And Constitutional Safeguards

In a recent decision in Vijaya Bank v. Prashant B. Narnaware[1], the Supreme Court examined whether contractual terms stipulating for mandatory minimum employment tenures and related liquidated damages would fall in the constitutional safeguards and the principles under the Indian Contract Act, 1872 ("Contract Act"). The controversy arose from clause 11(k) of the terms of employment contained in the respondent's appointment letter. In terms of the said clause, the respondent was...

Medical Negligence: A Jurisprudence Which Ought To Go Through A Paradigm Shift

Who do we trust the most when we or our loved ones are ill? The doctors. However, what if the profession we trust the most acts negligently? Do we have a recourse? Who shall be held accountable? This is where laws against medical negligence safeguard us. In India, medical negligence cases are dealt with under tort law. This means that medical negligence is treated as a civil wrong. A civil wrong means that the act and effect of the act infringe a right of an individual. However, as far...