Blogs

Speech of the President at Allahabad HC at inauguration of its Sesquicentennial Celebrations

by OneLawStreet on in Litigation, arbitration & dispute resolution
The President of India, Pranab Mukherjee inaugurated the Sesquicentennial Celebrations of the High Court of Judicature at Allahabad on 13 March 2016. Allahabad High Court will complete 150 years of its existence on 17 March 2016. 1. I am delighted to join this distinguished gathering of judges, lega...
“[W]hen you are a judge … it’s important to be able to imagine what other people’s lives might be like, lives that your decisions will affect. People who are not only different from you, but also very different from each other. … And this empathy, this ability to envision the practical consequences ...

Legacy of Government Influence Looms as Internet Gears Up For Ownership Switch

by CCG NLU Delhi on in Technology, Media & Telecommunications
This article was first published on The Wire on 6th March, 2016. The original post can be accessed here . By Aarti Bhavana The recommendations for the post-transition ICANN, as they currently stand, change the power dynamics within ICANN. Governments will now get a say in key operational decisions, ...

Evaluating the Aadhaar Bill against the National Privacy Principles

by SFLC India on in Technology, Media & Telecommunications
Principle in A.P. Shah Report Description of Principle Corresponding provision in Aadhaar Bill Comments/Concerns Enrolling Agency (EA) Requesting Entity (RE) Notice (During collection & Other notices) Both, EAs & REs ‘collect’ information for their specific purposes of enrollment & au...

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...
March 11, 2016, 4.03 pm We are delighted to announce that the Seventh NLU Antitrust Law Moot Court Competition commences today! Organized in association with Shardul Amarchand Mangaldas & Co., a leading law firm of the country with an extremely strong competition law practice along with LexisNe...

No Footnote Attached (on 3 years at law school)

by jane maria on in Student life
It’s been three years since I have reached this law school. And from the very first day, our seniors used to eulogize about that world of journals, research papers and the prospective career that it could offer in the future. On those days, if researchers/scholars were Gods , plagiarism was held to ...

CCWG-Accountability: A Marrakech Wrap-up

by CCG NLU Delhi on in Technology, Media & Telecommunications
With the final two chartering organizations confirming their approval yesterday, the co-chairs of the CCWG-Accountability sent the Final Report to the ICANN Board, which has now been transmitted to the NTIA. Today’s CCWG meeting outlined the work that lies ahead in the upcoming months. Work Stream 1...

The AIBE experience! Is it really an exam?

by shashank mangal on in General blogging
Firstly, I thought that I should let it go but then I thought that I must share my AIBE experience, because there are a few unique details which must be divulged. My exam center was Delhi Institute for Rural Development (DIRD), a college affiliated to Indraprastha University (IPU), Delhi. You would ...

From In-house to Law-firm: Struggle for non-NLS graduate

by bhavya solanki on in Fun, laughs and timepass
Going through various write-ups on different law related sites, mine may appear very lame to many legal professionals working in the esteemed organisations. However, there will be many who can totally relate to my situation. I am a law professional currently working with a MNC as their Employment La...

An overview of the 1st Report of the Special Rapporteur on Privacy

by CCG NLU Delhi on in Technology, Media & Telecommunications
The office of the Special Rapporteur on the Right to Privacy in the Digital Age, was created last year by the UNHRC , and today, in the 33rd session of the Human Rights Council, the Special Rapporteur, Joseph A. Cannataci submitted the Report on the Right to Privacy. The mandate of the UNHRC require...

Supreme Court directs sterilisation and vaccination of stray dogs [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
stray dogs The Supreme Court of India has directed that the sterlisation or vaccination of the stray dogs, which require so, be carried out in accordance with law. Court has directed that no organisation shall create any kind of obstacle or impediment in the implementation if this order. It has furt...

A Marrakech update: CCWG-Accountability at ICANN55

by CCG NLU Delhi on in Technology, Media & Telecommunications
The most discussed topic floating around the surprisingly chilly winds of Marrakech this week has been the CCWG-Accountability proposal. Over the past few weeks we traced the evolution of each recommendation of this Final Report , which was sent to all the chartering organizations for their approval...
Supreme Court of India has issued a notice to UB Group chairman Vijay Mallya after a consortium of 17 banks approached Supreme Court to restrain from leaving the country. Mallaya’s Kingfisher Airlines Ltd. owes Rs. 9,091 crore in loans to various banks. Attorney General Mukul Rohatgi, who appeared f...
sri sri ravishankar National Green Tribunal while giving a green signal to the hosting of World Culture Festival organized by the Art of Living Foundation on the flood plains of the river Yamuna, has asked the foundation to pay an ‘initial’ Environmental Compensation of ₹ 5 crores. The fine has been...

Revised SVB Procedure/ Proceedings

by Economic Laws Practice (ELP) on in Tax (indirect & direct)
Circular No. 4/2016-Cus and Circular No. 5/2016-Cus dated February 9, 2016 Background The Special Valuation Branch (“SVB”) specializes in investigation and assessment of transactions involving special relationships between buyer-seller and certain special features surrounding the sale of imported go...

Anupam Kher’s Cockroach Tweet: Cultural Reference or Hate Speech?

by CCG NLU Delhi on in Technology, Media & Telecommunications
The noise surrounding the recent controversy regarding a tweet by Indian actor (and UN Ambassador for Gender Equality) Anupam Kher made it difficult to look into why it caught so much attention. That it did is beyond doubt, garnering over six thousand hits, significantly more than almost all of his ...

Analysis of Union Budget 2016-17

by Economic Laws Practice (ELP) on in Tax (indirect & direct)
The Finance Minister has announced the Union Budget 2016-17 and various proposals. The attached booklet contains ELP’s analysis of the proposed amendments. ELP-Budget-2016-Analysis.pdf We trust you will find this a useful read. Should you have any questions, feel free to reach out to us. - ELP Tax T...

Merger Control Thresholds Revised

by Khaitan & Co on in Competition Law
The key takeaway or impact of these changes is that increased thresholds means decreased compliance requirements for transactions involving companies that fall below the financial threshold requirements. This is a good sign for India, Inc. and foreign investors and translates to a more manageable wo...
The Government of India, through the Ministry of Corporate Affairs (“ MCA ”), by way of a notification, has revised the merger control thresholds under the Competition Act, 2002 (“ Act ”) on March 04, 2016, valid for a period of 5 (five) years, ending on March 04, 2021(“ Notification ”). Please find...
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...