SUPREME COURT OF INDIA PERMITS INDIAN PARTIES TO CHOOSE FOREIGN-SEATED ARBITRATION
SUPREME COURT OF INDIA PERMITS INDIAN PARTIES TO CHOOSE FOREIGN-SEATED ARBITRATION
The Supreme Court of India has recently held that two Indian parties can choose a foreign seat of arbitration. The Supreme Court’s judgment resolved the uncertainty caused by conflicting judgments delivered by high courts in different Indian states. There is a catena of judgments where courts have...
ASHOK KUMAR ORDER: THE INDIAN VERSION OF JOHN DOE ORDERS
The contemporary world has been fortunate enough to witness the advent and advancement of various scientific technologies. These technologies owe their origin to heterogeneous inventions in the field of computer science. However, numerous cons are associated with the existence of this mechanization. Every coin has two sides, similarly, evolution and inventions in the field of science and...
MHA ORDER REGARDING PAYMENT OF WAGES NULLIFIED EFFECTIVE
The Ministry of Home Affairs (MHA) vide its Order dated May 17, 2020 issued the directions that all orders issued by the National Executive Committee (NEC) under Section 10(2)(l) of the Disaster Management Act, 2005 (DMA) shall cease to have effect from May 18, 2020, save as otherwise provided in the guidelines annexed to the MHA Order dated May 17, 2020.
Hence, by implication of the...
LOCKDOWN PERIOD: TO PAY OR NOT TO PAY!!!
Writ Petitions have been filed for quashing of the MHA Order and the MOLE Advisory regarding termination and/or reduction of wages of the employees during lockdown period. This article discusses the MHA Order and the MOLE Advisory and its constitution validity in the unprecedented COVID-19 pandemic circumstances.
Several Writ Petitions (including Intervention Applications) have...
FORCE MAJEURE: EXPLAINED IN LIGHT OF THE OUTBREAK OF CORONAVIRUS COVID-19 PANDEMIC
It’s been tough few weeks for, well, the world as we navigate a new normal amid the coronavirus (COVID-19) pandemic.
The unprecedented situation has left no one unaffected and an indefinite timeline looms large as to when the situation would normalize. Amidst the (COVID-19) pandemic and its socio-economic impact, one of the most affected are the parties who are unable to perform their...
THE TITLE OF BEING AN ARCHITECT: LEGALLY SPEAKING
Amidst the COVID-19 pandemic crisis, the bench of Hon’ble Dr. Justice DY Chandrachud and Mr. Justice Ajay Rastogi of the Indian Supreme Court in its judgement titled Council of Architects V/s. Mukesh Goyal & Ors.has held that Section 37 of the Architects Act, 1972 does not prohibit individuals not registered under the Architects Act from undertaking the practice of architecture and its...
INDIA’S TRYST WITH DATA PROTECTION : PERSONAL DATA PROTECTION BILL, 2018
Today India is one of the fastest growing markets for smartphones and internet. The number of internet users is growing at a rate of 18% per annum and is estimated to cross 627 million by the end of 2019. Similarly, smartphone users will reach 859 million by 2022. Even with these numbers, large segments of the population remain untapped and the possibilities of growth seem endless.
In the...
ARTIFICIAL INTELLIGENCE (AI) AND ITS LEGAL IMPLICATIONS
What is AI?
AI refers to the ability of machines to perform cognitive tasks like thinking, perceiving, learning, problem solving, decision making, etc. Initially conceived as a technology that could mimic human intelligence, AI has evolved in ways that far exceed its original conception. These systems are powered using machine learning, deep learning, natural language processing, image...
RELAXATION OF RULES FOR ISSUING EQUITY SHARES WITH DIFFERENTIAL VOTING RIGHTS
Under Section 47 of the Companies Act, 2013, every shareholder of a company has the right to vote on all the resolutions presented before it subject to the limitations if any, provided under its Memorandum and Articles. These documents provide for different classes of shareholders having different voting rights in the company. Section 43(a)(ii) of the Act permits such Differential Voting...
CORPORATE SOCIAL RESPONSIBILITY (CSR): WAY FORWARD WITH GREATER ACCOUNTABILITY
Corporate Social Responsibility (also known as CSR, corporate conscience, and corporate citizenship) is the integration of socially beneficial programs and practices into a corporation’s business model and culture. It is a method of engaging and committing the corporation to undertake activities which meaningfully contribute towards economic, social, cultural and environmental...