by sflc_admin | January 5, 2017 The development of Aadhaar over the years has opened a Pandora’s box of litigations against its various claims and processes that range on the spectrum from privacy rights to compulsory carrying of Aadhaar cards by drivers . Prior to the drafting and operation of the ...
Blogs
December, the month of new promises and festivities brings with itself joy and smile on the faces of everyone- the reasons being but obvious: Christmas, weddings, New Year’s Eve and much more. The atmosphere in offices and at homes is merry and laid back with people looking forward to Christmas holi...
“ Raindrops on roses and whiskers on kittens Bright copper kettles and warm woollen mittens Brown paper packages tied up with strings These are a few of my favourite things…” Hearing my niece practice this iconic song made me introspect on the year gone by. So, here are select highlights of 2016 fro...
Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014 Dated 23 rd August, 2016 Facts: Mr. Pradeep Narula (hereinafter referred to as the ‘ Complainant ’) booked a residential apartment with Granite Gate Properties (hereinafter referred to as the ‘ Builder ’). In furtherance ...
The 11 th Internet Governance Forum (IGF) was held earlier this month in Guadalajara, Mexico. Established as a result of the Tunis Agenda , the IGF provides a space for discussing issues relating to the internet, where stakeholders can engage on an equal footing. Though it is not a decision-making f...
Why isn’t Narendra Modi suing Rahul Gandhi for defamation – if the charge is untrue? The Congress is the principal opposition party in the House of the People. Rahul Gandhi is its Vice-President. Three days ago, he made a highly damaging allegation of personal corruption against the Prime Minister o...
A person in uniform standing with girls dressed for sports. IDIA has been expanding its horizons to include more and more diverse communities in India, while trying to provide the opportunity for accessing legal education to the underprivileged. Recently, IDIA made its presence felt in the interiors...
This post discusses the Supreme Court’s order mandating playing of the national anthem in all movie theatres and the incongruities that emerge from it vis-à-vis freedom of expression. The post seeks to highlight the fundamental problem of making patriotism a forced expression. In a widely criticized...
A recently published paper of this blawgger deals with failures in law making with focus on arbitration law in India. The abstract is provided below: The Statement of Objects and Reasons to the Arbitration & Conciliation (Amendment) Bill, 2015 placed substantial blame on the judiciary for the d...
India and Cyprus sign revised agreement for avoidance of double taxation with Cyprus. As per the revised agreement, India shall have the right to tax capital gains arising from the transfer of investments made on or after April 01, 2017. Investments made before April 01, 2017 have been grandfathered...
Conflict of interest illustrations in the V th Schedule provide examples of situations that must be disclosed by an arbitrator. Such situations do not amount to disqualification unless there actually exist justifiable doubts as to independence and impartiality of the arbitrator concerned. Conflict o...
SINGLE REGISTRATION UNDER GST There are media reports that, the GST Council is contemplating the demand of certain service providers, including e-commerce players, for single registration under Simplified Registration Scheme, proposed to be prescribed under the draft Model GST law 1. The intention i...
Readers would be aware of the two-Judge Bench of the Supreme Court in Centrotrade (2006) 11 SCC 245:2006(3) Arb LR 201 (SC).) where SB Sinha, J. held a two-tiered tribunal invalid when the first tier was Indian and the second tier was foreign while Tarun Chatterjee, J. disagreed with him. Due to the...
Winter Session 2016 has been one of the least productive sessions for both Houses in the last 15 years, with repeated disruptions on the issue of demonetisation of currency. While eight Bills were introduced in this session, only two were passed. Legislative business this session has been the lowest...
Delhi High Court: Reaffirms the criteria to deem a foreign arbitral award valid under section 44 of the Arbitration and Conciliation Act, 1996 and the Convention on the Recognition and Enforcement of Awards, 1958. A contract containing an arbitration agreement must be signed by all parties to the co...
In April 2016, two directives issued by two separate state governments in India made social media group administrators (‘administrators’) liable for content circulated by other members of the group. This came in the wake of a series of arrests in India for content posted on WhatsApp. This included a...
On its last working day of the year 2016, Supreme Court of India would, among other matters, hear two interesting fresh matters: 1. PIL for ‘National Liquor Policy’. A petition has been filed by advocate Ashwini Kumar Upadhyay seeking framing of a national liqour policy to curtail liquor and other i...
by Dhruv Somayajula* In this second part of our two post series on the Internet of Things, Dhruv examines the policy framework in India to analyse its applicability to the Internet of Things. In a previous post , we discussed the definition of the ‘Internet of Things’ (“ IoT ”), its uses and applica...
Contents: 1. COMPAT penalizes automobile manufacturers for anti-competitive practices 2. COMPAT penalizes public sector insurance companies for bid rigging **COMPAT penalizes automobile manufacturers for anti-competitive practices Facts of the case In August 2014, the Competition Commission of India...
Sachin & Anr v. Jhabbu Lal & Anr RSA 136/2016 & CM No. 19123/2016 High Court of Delhi Date of decision: 24 th November 2016 Facts: Jhabbhu Lal and his wife (respondents) owned a house, which they sold to purchase a new house in the same locality. In the new house, he allowed his elder...
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...