Articles
Empowering Consumer Dispute Resolution In E-Commerce Via Digital Forensics
Due to advent of technologies and emergence of e-commerce in different field made the works easy for various sectors. Several sectors have been incorporating the new technologies for efficient working condition. E-commerce is something which has helped the traditional markets to absolve within the virtual market based on science and technologies. Several emarkets have been emerged due...
Reforms In Bar Association: Case Study Of The Supreme Court Bar Association
On July 30, 2024, the Supreme Court democratized entry into the legal profession by holding the exorbitant enrolment fee charged by the State Bar Councils (“SBCs”) unconstitutional. Drawing upon the doctrine of manifest arbitrariness, SC in Gaurav Kumar vs Union of India & Ors, ruled that charging excessive fees exceeds the statutory requirements and violates fundamental...
India And Puzzles Of International Tax: A Tale Of Trendsetter
India approach towards International tax seen as controversial as seen in case of Equalization levy and Special economic provisions. Recent G20 (chaired by India) shows India's commitment for Organization for Economic Cooperation and Development (herein “OECD”), which is also seen in Union Budget 2024. Still, unilateral measures still perplex the globe. India puzzle can be seen...
An Analysis Of Katta Sujatha Reddy (Part II) - Should The Application Of The Specific Relief (Amendment) Act, 2018 Be Determined Based On The Date Of Transaction Or The Date Of Cause Of Action?
In Part 1 of this series, we tested the prospective versus retrospective debate surrounding the Specific Relief (Amendment) Act, 2018 ('Amendment') and examined whether changes in the law ought to apply to pending suits. In this second part, we look to the second prong of the Katta Sujatha Reddy ruling: What ought to be the date of reckoning to decide whether the Amendment applies? Should it...
An Analysis Of Katta Sujatha Reddy (Part I) - Is The Specific Relief (Amendment) Act, 2018 A Prospective Or A Retrospective Legislation?
1 October 2024 marked the sixth anniversary of the Specific Relief (Amendment) Act, 2018 ('Amendment') coming into force. Over these six years, various questions have been raised before the courts regarding the scope and application of the Amendment, with one of the most significant being whether it should be applied prospectively or retrospectively. In August 2022, a three-judge...
Conclusion: The Future Of Sale Certificate Registration Under SARFAESI
The contentious issue regarding whether the issuance of Certificate of Sale by Authorized Officer under the Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 (hereinafter “the Rules, 2002”) is exempted from registration under Section 17(2)(xii) of the Registration Act, 1908 has been conclusively settled by the Apex Court in M/s Esjaypee Impex Pvt. Ltd. v. The Asst. General...
The Indian Ticket Scalping Scandal: Addressing Regulatory Gaps And Paving The Way Forward
Hoarding is an instinct rooted in the very fabric of life —creatures hoard to ensure survival during times of scarcity. Yet, humans have taken this primal instinct and mutated it to something far more insidious. We no longer hoard for survival, but for profit. No longer limited to tangible necessities, we hoard access, as was evident in the recent sales of the Coldplay...
Abatement Of Proceedings Initiated Under Section 95 Of Insolvency And Bankruptcy Code, 2016 On Death Of Personal Guarantor
Recently in the matter titled M/s ApogeeEnterprises Pvt. Ltd. versus Late Shri Anil Nanda (C.P. (I.B) NO. 514 OF 2020 (“Apogee Enterprises”), the National Company Law Tribunal, New Delhi (“Adjudicating Authority”), while referring to the earlier judgments viz. judgment of the Principle Bench of the NCLT in the matter titled Alchemist Asset Reconstruction Company versus Deepak...
The Interplay Between Section 33 And Section 34 Of The Arbitration Act And Its Impact On Limitation Period
Settling disputes through arbitration has become the order of the day, with the disputing parties finding it cost-effective, flexible, and fast-paced. However, the outcome of an arbitration in the form of an arbitral award, may not be satisfactory on various occasions, hence, the aggrieved party can seek recourse for setting aside such an award. In India, Section 34 of the...
Some Insights Into PMLA
The Prevention of Money Laundering Act, 2002 (“PMLA” for short) was enacted as a comprehensive legislation, inter alia, --for preventing the laundering of the proceeds of serious crimes, to provide for confiscation of property derived from or involved in money laundering, for setting up of agencies and mechanisms for coordinating measures for combating money laundering, and for...
