Opinion & Analysis
Whose Privacy is it Anyway?
The question that needs attention is whether the Government in the garb of national security, public order and enforcement of law and order should become the market regulator. This cannot be answered in black or white as from standpoint of administration, these issues determine the fate of the Gover
Read More“Shall” Shocked
Shall' is an overworked, outdated, and largely misused word in legal writing and should be avoided. It is best to dump it altogether writes Jyoti Sagar, Chairman & Founder, J Sagar Associates, Advocates & Solicitors, Managing Partner, K&S Partners, Intellectual Property Attorneys.
Read MoreLakshadweep Administrator Controversy: A Legal Perspective
Some of the steps taken by the Lakshadweep Administrator have indeed been harsh and need to be revisited on priority writes Sanand Ramakrishnan
Read MoreSupreme Court Comes to the Rescue of Migrant Workers Again!
It is good that several steps are being taken to improve the conditions of the migrant workers. The contractors who engage them can also get a respite and as and when they engage the migrant workers again, they would need to understand the new compliances under the Code so that the cost and legal im
Read MoreInsolvency Proceedings Against Personal Guarantors
The Court has recognized the concept of double proof i.e. recovery from guarantors in the context of insolvency proceedings and held that the release or discharge of a corporate debtor from the debt owed by it to its creditor, under insolvency proceeding, does not absolve the surety/guarantor of his
Read MoreDoes The Prevention Of Money Laundering Act, 2002 Safeguard Third-Party Rights In The Course Of Attachment Of Properties?
This article examines the scheme of the Act and the scope of provisional attachment of property under the Act to evaluate whether the Act adequately safeguards the rights of such third parties.
Read MoreSection 482- The Inherent Power but with Circumscription
The Supreme Court has succinctly stated, the High Court/s would do well to give reasoned orders while passing orders of stay in exceptional cases, which will demonstrate the application of mind and at the same time the higher forum will get a peek into the thought process of the Court while passing
Read MoreSharing of Unpublished Price Sensitive Information on WhatsApp and “Innocent Tippee” Liability
the authors submit that the SAT erred on two counts in overruling the SEBI orders. First, as was suggested in the N.K. Sodhi Committee Report, the burden of proof to establish that the accused persons did not have knowledge that the information in question was UPSI should logically have been placed
Read MoreRelief For Lenders Against Personal Guarantors
Going forward, any lender/ financial creditor will be at liberty to initiate the insolvency process against the personal guarantor under the provisions of the IBC. Authors Ritwika Nanda and Dilsheen Kaur from Trust Legal analyse the implications arising out of the judgement passed in Lalit Kumar Jai
Read MoreCOVID-19: The Chief Global Digital Amplifier
Seeing the speed of the pandemic, and the tsunami of digital content on multiple platforms it is absolutely essential that legislation, judicial pronouncements move in sync with the greatest transformational journey the entertainment and content industry is witnessing write authors Petal Chandhok, R
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