Blogs

The Bombay High Court’s beef ban decision

by Gautam Bhatia on in Constitutional Law
In a significant judgment delivered yesterday, the Bombay High Court struck down Sections 5D and 9B of the Maharashtra Animal Preservation Act, while upholding the other provisions of the act. Section 5D penalised the possession of beef, even if it had been brought from outside the state of Maharash...
Yesterday, Members of Parliament in Lok Sabha discussed the situation of drought and drinking water crisis in many states. During the course of the discussion, some MPs also raised the issue of ground water depletion. Last month, the Bombay High Court passed an order to shift IPL matches scheduled f...
Hello , I am an medical aspirant ( MBBS ) The main point of my letter is in the question that to have a NEET or not The NEET Pattern would obviously curb malpractices , financial burden , stress , etc But the recent order by Honourable Supreme Court of India has came as a blunder to the students. Th...
Members in Rajya Sabha today called the attention of the Minister of Home Affairs to the repeated incidents of violence against the cattle traders in various parts of the country. The Upper House also took up discussion on the Working of Ministry of Human Resource Development. Lok Sabha today passed...
By Dr. Anup Surendranath The primary hurdle in determining the constitutional validity of introducing the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, (hereinafter, “the Aadhaar Act”) as a money bill is whether courts can judicially review the decisi...

Google de-platforms Taliban Android app: Speech and Competition implications?

by CCG NLU Delhi on in Technology, Media & Telecommunications
About a few weeks ago, Google pulled an app from its online application marketplace the Google Play Store, which was developed by the Taliban for propagating violently extremist views and spreading hateful content. Google has stated that its reason for doing this is that the app violated its policy ...
Rajya Sabha today took up discussion on the allegations of bribery and corruption in Agusta Westland chopper deal. The Minister of Defence, Mr Manohar Parrikar replied at the end of the debate. The Upper House also passed the Anti Hijacking Bill, 2014. The Bill replaces the Anit Hijacking Act of 198...

I&B Ministry forms Committee to regulate content in Govt. Advertising

by CCG NLU Delhi on in Technology, Media & Telecommunications
Following the direction by the Supreme Court, the Ministry of Information and Broadcasting issued an order last month establishing a three member committee to effectuate the Supreme Court Guidelines on Content Regulation of Government Advertising. Government advertising refers to the use of public f...

PIL before Supreme Court seeks ban on WhatsApp for its encryption. Is the law grey?

by OneLawStreet on in Litigation, arbitration & dispute resolution
whatsapp-1317538_640 While Indian citizens await setting up of a Constitution bench by the Supreme Court of India to determine if there is fundamental right to privacy under the Constitution of India, a public interest petition has been filed before SC seeking ban on Whatsapp, Telegram, and other me...
Lok Sabha continued discussion on the demands for grants of the Ministry of Social Justice and Empowerment. The Minister, Mr. Thaawarchand Gehlot replied at the end of the debate. The Lower House also took up discussion on the demands for grants of the Ministry of Civil Aviation and Tourism. During ...

FACEBOOK – CONNECTING PEOPLE TO CONNECTED PERSONS…!!!

by Rajani Associates on in Technology, Media & Telecommunications
INTRODUCTION This article gives an analysis of one of the most recent SEBI’s order on Insider Trading especially where it is concerning Promoters of a listed company and persons “CONNECTED” with them who have allegedly engaged in insider trading. SEBI for the first time ever has chosen the social me...

Judicial censorship: A dangerous, emerging trend

by Gautam Bhatia on in Constitutional Law
Last week, the Indian Express reported that in proceedings before the Supreme Court, the Additional Solicitor General was asked by the bench about how the State planned to regulate “explicit” pictures on condom packets. The case seems to have arisen out of a 2008 order of the Madras High Court (whic...

Circumvention of Technological Protection Measures In India

by Shantanu Sahay on in Technology, Media & Telecommunications
India’s software industry has shown tremendous growth over the years today, and is amongst the most evolved software engineering hubs of the world. Despite positive growth momentum increasing software innovation emanating from India, the country still grapples with the pervasive problem of illegal d...

Don’t listen to the IT giants: Eben Moglen

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | May 2, 2016 The Indian government has rightly rested its Digital India initiative on a series of measures to liberalise the economy. One of those measures of free-market wisdom, however, the usual government-cheering section suddenly seems to be irrationally against. The PMO will be ...

Reviewing NEET Decision – Highlighting procedural impropriety and gaps in writing judgments

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Recently, a Constitution Bench (comprising of five Judges) of the Supreme Court of India has allowed the Review Petition and recalled its judgment dated 18 July 2013 and directed that the matters be heard afresh . The operative para reads as under:- “We, therefore, allow these...
b2ap3_thumbnail_Jindal.jpg Welcome to the 1st Annual Jindal Technology Law & Policy Moot Court Competition 2016, organised at Jindal Global Law School, Sonepat! We will bring to you LIVE updates from the competition and hope to keep you entertained(and informed) throughout. You can also follow ...
Day 2 Rajya Sabha saw repeated disruptions over the issue of President’s rule in Uttarakhand on Day 2. The Leader of the House stated that President’s rule was imposed as a result of breakdown of constitutional machinery. He said that Rajya Sabha would later take up discussion on the issue once the ...
by sflc_admin | April 28, 2016 Following a sudden surge in IPR litigation surrounding Standard Essential Patents (SEPs) in the last year, (around eight suits were filed by Swedish multi-national Ericsson alone, another three by Vringo Infrastructure. Read more here ) the Department of Industrial Pol...

Creative Inspiration or Infringement? The Thin Divide

by Abhay Nevagi & Associates on in Technology, Media & Telecommunications
T.S.Eliot said: “Immature poets imitate, mature poets steal. Bad poets deface what they take from great poets and transform it into something better, or at least different”. There is a very thin line between inspired or copied material**. Inspiration works only if, eventually, something totally new ...

Russia, India and China: Perspectives on Internet Governance

by CCG NLU Delhi on in Technology, Media & Telecommunications
Last week, on 18th April, 2016, a Joint Communique of the 14th Meeting of the Foreign Ministers of Russia, India and China (RIC) raised a few eyebrows. The subject of discussion is paragraph 12 of the Communique which deals with the use of Information & Communication Technologies (ICTs) includi...
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...

CLAT and the Law of Cognitive Inertia

by JayP on in Career in Law
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 ...

Connecting Legal field to the fourth estate.

by Nikhil Nair on in Career in Law
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 ??

by Nitin Gaurav Srivastava on in Career in Law
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.

At the outskirts of the Metropolitan court, life is not so fair and lovely

by amrut patil on in Advocates, the bar & litigation
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...

Unlike Katju, I think “lady lawyers” must be banned from the courts

by Kian Ganz on in Advocates, the bar & litigation
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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What you can repair is what you own

by Abhay on in Technology, Media & Telecommunications
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...

[RTI] 23030 websites/URLs currently blocked in India

by SFLC India on in Technology, Media & Telecommunications
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...

Digital Security Training in Kochi

by SFLC India on in Technology, Media & Telecommunications
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...

Summary Report: Digital Citizen Summit, 2017 (September 21-22, 2017; New Delhi)

by SFLC India on in Technology, Media & Telecommunications
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

by SFLC India on in Technology, Media & Telecommunications

Notable technology and rights related litigations

SFLC
SFLC
Software Freedom Law Centre

Defender of your digital Freedom
Defender of your digital Freedom

You have the freedom to choose your color. Pick one:

First published here.

Author: sflc_admin

Workshop on Secure Communication

by SFLC India on in Technology, Media & Telecommunications
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...

[RTI] Darjeeling Internet Ban: 3 months and counting

by SFLC India on in Technology, Media & Telecommunications
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...

CCG on the Privacy Judgment

by CCG NLU Delhi on in Technology, Media & Telecommunications
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...

An update on Sabu Mathew George vs. Union of India

by CCG NLU Delhi on in Technology, Media & Telecommunications
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...

Summary Report: Celebrating the Right to be Let Alone [Sep 02, 2017; New Delhi]

by SFLC India on in Technology, Media & Telecommunications
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...

It’s a Yes – for Banks!

by Cyril Amarchand Mangaldas on in Corporate law
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...