DATA PROTECTION BILL, 2021: THE ROAD AHEAD

A. INTRODUCTION India is expanding as a digital economy and requires a powerful data protection law to safeguard theprivacy of the stakeholders of the evolving economy. The Supreme Court in the famous case of Justice K.S. Puttaswamy v Union of India [1] passed aunanimous verdict affirming that Right to Privacy is a fundamental right guaranteed […]

Read More

THE EVOLVING LANDSCAPE AND CHALLENGES TO INSOLVENCY AND BANKRUPTCY CODE, 2016: A ROAD AHEAD FOR RESOLUTION OF DISTRESSED ASSETS AMID COVID 19?

The IBC came in as landmark legislation and is one of the most dynamic laws of the country. The roller coaster journey of the Code since its enactment weighed on market-driven forces to balance the interest of all stakeholders. The Code was enacted with overriding powers under section 238 to nullify the applicability of all […]

Read More

A REFLECTION UPON THE DIGITAL COPYRIGHT LAWS IN INDIA

INTRODUCTION Intellectual property rights (IPR) are those absolute rights which are granted to the authors/creators for the purpose of protection against Copyrights of intellectual property, which is the valuable asset of their intellectual labour. The Copyright legal protection of IPR principally serves double-edged purpose, primarily, it encourages the author/creator community to produce more intellectual property […]

Read More

THE FAIR DEALING EXCEPTIONS UNDER INDIAN COPYRIGHT LAWS: A CRITICAL APPRISAL

INTRODUCTION Copyright is one of the branches or facets of the Intellectual Property Rights which have an exclusive stack of legal rights which includes the rights of reproduction, public communication, adaptation and translation of work to the creators of literary, dramatic, musical and artistic works and producers of the cinematograph films and sound recordings as […]

Read More

REGULATORY FRAMEWORK FOR ED-TECH COMPANIES

A. INTRODUCTION TO ED-TECH COMPANIES There has been a shift in educational sector with the fast pacing technological advancements all around the world, and it has had implications on the educational technology (Ed-Tech). Ed-Tech Companies use technological tools like internet to impart not only traditional education but are also providing courses for people to enhance […]

Read More

Anti-Dilution: An Investor’s right or a Company’s requirement?

Introduction to the concept of Anti-Dilution An investor’s decision to invest in a company is, usually, driven by the company’s futurepotential. If it is subsequently found that the company has failed to meet its expectedpotential, a valuation dip occurs. This often leads to a down round which refers to theissuance of shares at a lower […]

Read More

REGULATORY FRAMEWORK FOR FINTECH COMPANIES

A. INTRODUCTION TO FINTECH COMPANIESFinTech is a colloquial term that refers to technology-driven start-ups that are challenging traditionalbanking techniques and established financial players. Despite the absence of a universally accepteddefinition, the Financial Stability Board of the Bureau of Indian Standards (BIS) defined FinTech as“technologically enabled financial innovation that could result in new business models, applications,processes, […]

Read More

Powers of Enforcement Directorate: Case Study

Introduction Directorate of Enforcement (ED) is a specialized body tasked with implementing two crucial financial laws –Prevention of Money Laundering Act, 2002 (PMLA) and Foreign Exchange Management Act, 1999 (FEMA). ED exercises mainly two functions under the relevant laws: – conduct an investigation for violations of the FEMA provisions and money laundering offences under the […]

Read More

Dispute Resolution in India- Arbitration Primer

A. Introduction Alternate dispute resolution methods have lured many away from litigation. Arbitration, being one among them, is cost-effective, flexible and less time-consuming compared to the long procedure one has to go through in the regular court proceedings. It has changed the approach to legal practice in India. A number of amendments have been made […]

Read More

POWERS OF THE ENFORCEMENT DIRECTORATE UNDER VARIOUS LAWS AND THE RIGHTS OF THE ACCUSED/AGGRIEVED PERSONS

INTRODUCTION The object behind the formation of the Directorate of Enforcement was to create a body capable of enforcing the provisions of two special fiscal laws, i.e., the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA). The Directorate recruits’ officers through two mediums, i.e., directly or from other […]

Read More