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...

What Can Companies Learn From Recent Corporate Governance Scandals In India?

The collapse of Gensol Engineering Ltd. and its sister concern, BluSmart, has dominated recent headlines. Once hailed as the pioneer of new-age EV mobility, the it is now an example of the consequences of unchecked ambition and poor oversight. But this is not an isolated instance by any means and definitely not the first. The Indian economic landscape has regularly been plagued by other high-profile corporate governance frauds. The same governance blind spots, ranging from misappropriation...

The Gatekeeper: Compliance Officer

In the high-stakes corridors of corporate compliance, Unpublished Price Sensitive Information (“UPSI”) is a storm . The legal and regulatory wreckage left behind when Compliance Officers forget (or fumble) fundamental duties. Through a series of landmark enforcement actions, the article dissects the anatomy of lapses: ignored notices, “deemed closures,” pre-clearance gone rogue, and Compliance Officers i.e. “the Gatekeepers” caught on the wrong side of their own rulebook. Even when the ...

Cybersecurity & Data Privacy In Web 3.0: Legal Risks & Solutions For Global Businesses

What is Web 3.0? Web 3.0 is an enhanced version of the internet that can make our online experience better. It can be regarded as the next evolution of the internet and is gaining a lot of attention in India's technology and business sectors. By more and more adoption of blockchain technologies and decentralised platforms, Indian enterprises are exploring the vast opportunities which this version – Web 3.0 is here to offer. Like every development, this innovation also does not come free of...