Draft Amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021
With the user base of online games growing in India, it is necessary to ensure that such games be offered in conformity with Indian laws and that the users of such games be safeguarded against potential harm. Towards this, the Ministry of Electronics & Information Technology (“MeitY”) released draft amendments to the IT (Intermediary Guidelines […]
Draft Carbon Credit Trading Scheme
On 27th March 2023, the Ministry of Power released draft Carbon Credit Trading Scheme (“CCTS”) to establish a framework for the Indian Carbon Market (“ICM”). The proposed Energy Conservation (Amendment) Bill, 2022, which was passed by the Indian Parliament, empowers the Central Government to specify a Carbon Trading Scheme in consultation with the Bureau of […]
Whistleblower Protection Act, 2014: A Cracked Foundation?
The Whistle Blowers Protection Act, 2014 (“Act”) was enacted to provide a framework to investigate alleged corruption and misuse of power by public servants and to protect persons who allege any wrongdoings. However, 7 years having passed since the enactment without any amendments having been made to the Act. There has been a rampant cry […]
The Unique Position of The Architects Act, 1972
In its judgement dated March 17, 2020, in the matter of Council of Architects v. Mukesh Goyal & Ors. 1 , the Supreme Court held that the Architects Act, 1972 (‘Act’) does not prohibit individuals not registered under it from engaging in the practice of architecture or functions allied thereto. This article dissects the history […]
The Supreme Court Carves in Stone the Limitation Period for Appeal before NCLAT under Section 61 of IBC
IntroductionIn this Article the attempt shall be to discern the answer to two important issues in the realm of the Insolvency and Bankruptcy Code, 2016 (IBC) namely:(i) When will the clock for calculating the limitation period run for appeals filed under the IBC; and(ii) Is the annexing of a certified copy mandatory for an appeal […]
The Epiphany Called Anti-Suit and Anti-Anti-Suit Injunctions
IntroductionWhat is so unique about the Delhi High Court’s order in Interdigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors. 1 , (hereinafter ‘Xiaomi case’) which has pulled the Indian legal fraternity’s attention. Yes, it is the first ‘Anti-anti Suit Injunction’ order ever passed by an Indian Court. Ever heard of this legal nomenclature? […]
The Curious case of ‘Seat/Venue/Place’ in Arbitration – Need for legal practitioners to employ clear phraseology
An attempt to catalog and straighten up the labyrinth, which surrounds the intricate subject:‘Seat/Place/Venue’ of Arbitration. At the outset, it needs to be strictly borne mind that the Arbitration and Conciliation Act, 1996 does employ the words ‘seat’ or ‘venue’ of arbitration and only employs the word ‘place’ of arbitration in the sense of ‘juridical […]
Swallowing the Poison Pill – A Bitter Taste or a Sweet Escape?
In today’s world of business, mergers and acquisitions are an indispensable part of the corporate strategy. However, not all mergers and acquisitions are welcoming with public listed companies being most exposed to threats of a hostile takeover. The coronavirus outbreak has undisputedly pushed corporate entities to vulnerable positions wherein entities have become attractive targets for […]
Skin to Skin touch not essential for offence of sexual assault under POCSO Act –Supreme Court
The Supreme Court, in its landmark decision in Attorney General for India and Ors. v. Satish and Ors., 1 has once again swung the pendulum in favour of protection of most vulnerable section of the society, when it held that progressive and beneficial statutes such as the Protection of Children from Sexual Offences Act, 2012 […]
Share Based Employee Benefits – Should Employees Accept the Same?
Share Based Employee Benefits are different types of options and schemes framed by companies for the benefit of their employees which involve dealing in shares of the company, directly or indirectly (“Plans”). 1 This is a benefit wherein rights and benefits linked directly or indirectly to shares are offered to the directors, officers or employees […]