by sflc_admin | December 1, 2016 Our Counsel, Prasanth Sugathan was part of a panel on privacy at the Digital Citizen Summit organized by Digital Empowerment Foundation (DEF) in Bangalore on 11th November, 2016. This session focused on digital privacy and other related concepts that have been brough...
Blogs
By Raissa Campagnaro [1] The Brazilian Federal Prosecution Ministry has brought civil proceedings against Google for flouting its data protection law. The suit challenges Google’s access to the content of emails exchanged by Gmail users on multiple grounds, including Google’s failure to obtain expre...
Alternative Investment Funds (AIF) industry in India has gained impetus with liberalization of foreign investments in AIFs, recent amendment to Indo-Mauritius Treaty and pro-business environment in the country. These pooling vehicles (i.e. AIFs) have the ability to provide for long term, and stable ...
The Income Tax Laws (Second Amendment) Bill was introduced in Lok Sabha today. The Bill provides for ‘Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016’ (PMGKY). As per the Bill, declarants under this regime shall pay a tax of 30% of their undisclosed income and a penalty o...
The Indian merger control regime is a suspensory one which means that, any acquisition, merger or amalgamation that is notifiable to the Competition Commission of India (CCI) may be consummated only after the CCI grants approval, or until a certain waiting period has lapsed. Section 6(2) of the Comp...
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill , 2014 (the HIV Bill) is likely to be tabled in the Rajya Sabha in the current winter session. The HIV Bill is aimed at preventing and controlling the spread of Human Immunodeficiency Virus (HIV) a...
We are back this time, bigger and better. Creating new benchmarks and pushing boundaries. NLIU is proud to hold the fifth edition of the INADR International Law School Mediation Tournament from 25 th November to 27 th November. With 40 teams participating we are the largest ADR tournament in Asia an...
R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 – A remarkable decision by the High Court of England and Wales on notification under Article 50 of the Treaty on European Union and the quintessential executive vs. legislature debate under Constitutional law Scope of th...
Bikram Chaudhuri (Partner and Head of Litigation & Dispute Resolution Abhay Nevagi & Associates, Advocates) Who among us has not been entranced by the drama and intrigue of a legal trial? The annals of legal literature, both fictional and historical, have highlighted countless lawyers whos...
A Memorandum Of Understanding (‘MOU’) is generally a preliminary understanding between the parties to a contract, prior to the execution of a formal agreement. It is a document highlighting the intention of the contracting parties and might also be known as a Letter of Intent (‘LoI’). MOU is general...
The Securities and Exchange Board of India (� SEBI �) issued a press release (PR No. 161/2016) of the quarterly board meeting held on November 23, 2016. The salient features of the decisions taken by SEBI regarding the AIF industry and investment in corporate debt by FPIs are as follows: 1) Amendmen...
A Brief Background In 2009, a defamation case was filed by Visaka Industries Ltd. (the ‘Company’) against a group called Ban Asbestos Network India (‘BANI’), its coordinator Mr. Gopal Krishna and Google India. The Company is involved in the manufacturing and selling of asbestos cement sheets and all...
by sflc_admin | November 24, 2016 We at SFLC.in have grown increasingly concerned of late by the appreciable spike in instances of online harassment across platforms. Whereas online speech platforms like social media websites, blogs, and discussion forums set the stage for unprecedented levels of pu...
Rajya Sabha functioned briefly as discussion on demonetisation resumed after six days. During the debate members from the opposition sought answers from the government on a range of issues. These included questions on the additional measures that will be taken for addressing the issue of black money...
The Bombay High Court ruling in the case of IDBI Trusteeship Services Limited v/s Hubtown Limited dated 8 May 2015 has been set aside by the Supreme Court in its order dated 15 November 2016. The attached note sets out a summary of the judgment and its possible implications under foreign exchange re...
The Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha on November 21, 2016 and is listed for passage this week. The Bill regulates altruistic surrogacy and prohibits commercial surrogacy. We present a brief overview of the Bill and some issues that may need to be considered: How is surro...
“ Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world. ” – Franklin D. Roosevelt The real estate sector is the backbone of the Indian economy, as it largely c...
Mr. Pradeep S Mehta is the founder Secretary General of the Jaipur-based Consumer Unity & Trust Society (CUTS International), a leading economic policy research, advocacy and networking, non-governmental group in India, with offices in Nairobi, Lusaka, Accra, Hanoi and Geneva. In April, 2012, M...
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill and the Surrogacy (Regulation) Bill were introduced in Lok Sabha yesterday. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill consolidates the laws relating to admiralty jurisdiction, legal proceedings in connectio...
*The Government has, pursuant to gazette notification no. 2652 dated November 8, 2016, ceased to recognise Rs.500 and Rs.1000 rupee denominated bank notes (“Specified Bank Notes” or “SBNs”) as legal tender with effect from November 9, 2016, with an intention to eradicate terrorism, smuggling and cir...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
Notable technology and rights related litigations
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...