Categories
Technology

You Facilitate We Penalize: How Intermediary Liability Works

By Prakhar Raghuvanshi The Internet is a unique medium of expression and deserves a different standard of protection than other media. Any organization which facilitates transactions between third party over the internet is an internet intermediary.1 It primarily gives access to the host and transmits the content originated from third parties. It does not create […]

Categories
Insolvency

Placing Homebuyers Under the Category of Secured Financial Creditors Under The IBC, 2016

By Ranu Tiwari The Background The Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 has brought home buyers under the ambit of ‘financial creditors’. The Insolvency Law Committee (March 2018) concluded that the current definition of ‘financial debt’ is sufficient to include the amounts raised from home buyers/allottees under a real estate project, and hence, they […]

Categories
Insolvency

Essar Steel Judgement: As promising as it Seems?

By Tanvi Prabhu and Saumya Agarwal In Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta &Ors, the Supreme Court on 15th November, 2019 dismissed the NCLAT order and upheld the approved Resolution Plan of ArcelorMittal in a joint venture with Japan’s Nippon Steel. It includes a payment of Rs. 42,000 cr. […]

Categories
Technology

Legal and Regulatory Clarity for Online Aggregators: A Current Necessity

By Falguni Gupta Introduction The E-commerce sector has become a favorite of both sellers and consumers in a short span of time. Recently, the Department of Industrial Policy and Promotion introduced certain changes in the FDI Policy permitting 100% FDI under the automatic route, making it applicable to the e-commerce entities[1]. An aggregator model of […]

Categories
Environment International Law

Uluru And Tribal Apathy: The Law of Nations Not Yet Civilized

By Sameer Gupta and Sankalp Udgata The saga of a Global Indigeneity Heist pioneered over a 9.4km rock. About The mystical Uluru Uluru (Ayres Rock) is a UNESCO World Heritage site in Australia and is a living cultural landscape which is considered sacred to the aboriginal Anangu Yankunytjatjara and Pitjantjatjara people. The monolith has been […]

Categories
Securities

Framework of Depository Receipts: A Desirable Change?

By Aastha Agarwalla To revive the declining access of foreign funding for Indian companies, the Securities and Exchange Board of India [“SEBI”] has introduced a new framework for the issuance of Depository Receipts [“DR’] via its circular dated October 10, 2019 effective immediately, [“DR Framework“]. [1] The DR Framework is seen as a welcome step […]

Categories
Constitutional Law Criminal

Criminalization of Triple Talaq: Is It That Bad?

By Sumedha Tewari Introduction On July 31, 2019, Rajya Sabha passed the The Muslim Women (Protection of Rights on Marriage) Bill, which was later on granted presidential assent on  April 1, 2019. With the passage of this bill, giving divorce to a Muslim woman through talaq-e-biddat or instant triple talaq was criminalised, prescribing up to […]

Categories
Constitutional Law Rights Adjudication

Citizenship (Amendment) Act and Right to Equality: In Consonance or in Dissonance?

By Ananya Singh The Citizenship (Amendment) Act, 2019 [“Amendment Act“], since its inception, has been embroiled in controversy for not only its content, but majorly for the political intention with which it was passed by the India Parliament. Nevertheless, a major debate is arousing, regarding its constitutional validity wherein the debate abides on the issue […]

Categories
Insolvency

Simultaneous proceedings for the same debt under IBC

By Dhiraj Yadav and Barkha Dwivedi It is a well settled principle that the liability of a Principal Debtor and a Guarantor is coextensive. The same is enshrined under section 128 of the Indian Contract Act, 1872. Despite this, the act of initiating simultaneous proceedings against Principal Debtor and Guarantor for the same amount of […]

Categories
Antitrust Constitutional Law Rights Adjudication

An Introduction to Amazon’s Exploitative Behaviour

By Gautami Govindarajan Jeff Bezos may be the richest man in modern history, but at whose cost? Amazon has risen to a position of market dominance, but behind the glittering deals and soaring profits is a history of abuse and exploitation of labour. Violations of Labour and Human Rights Amazon has been repeatedly found to […]