Articles
Harmonizing Horizons: Unravelling Digital Lending Regulations in a Global Context
Driven by technical improvements and improved internet access, digital lending is on the rise in India with the goal of improving financial inclusion. Although digital lending offers a practical substitute for traditional banking, the lack of a complete regulatory framework has led to unregulated behaviour in this sector. Several occurrences have brought attention to the risks involved...
Homebuyers' Quandary Over IBC And RERA
The world's most populous nation, India, has seen significant expansion in the real estate market due to rising housing demand, particularly in urban regions. The Real Estate (Regulation and Development) Act, 2016 was introduced by the Indian government to protect the rights of allottees or homebuyers.[1] The purpose of this Act is to control the real estate industry and...
The Lost Cubicle: Reassessing Work-From-Home Paradigms In The Post-Pandemic World
Work From Home ('WFH') or remote work is the practice of working from one's residence or any other location which is not one's official workplace. Often interchangeably used with the term 'telework', WFH is a subset thereof, as the former also includes the work performed while travelling. During the COVID-19 pandemic, working from home emerged as the predominant mode of...
Why Recent Criminal Law Reforms Might Not Fast-Track Justice in India
Mere enactment of a new set of laws and overemphasis on the use of emerging innovative technological solutions will not bring any miraculous change in the Indian Criminal Justice System if these underlying challenges are not addressed. The law serves as a powerful catalyst for societal transformation and acts as a dynamic tool capable of shaping the very fabric of our...
Group Of Companies' Doctrine & Impact On Public Share-Holders
The Supreme Court's recent judgment in Cox & Kings Ltd. v SAP India Pvt. Ltd. & Anr., has laid the permanent foundation of the Group of Companies' doctrine to enable a non-signatory to become a 'party' to an arbitration. This doctrine has increasingly become important in the context of arbitration of commercial disputes relating to large companies, most of which are...
Arbitrability Of Competition Law Disputes In India
The Competition Act does not specifically incorporate arbitration as a means of resolving antitrust law conflicts. This principle was further underscored in the Union of India v. Competition Commission of India.[1] The Delhi High Court interjected in this issue, ultimately dismissing the argument presented by the parties that the dispute could be brought before an arbitral tribunal....
Empowering Marginalized Communities: Enhancing Legal Awareness To Combat Domestic Violence In India
Domestic violence is defined as a pattern of behavior that is used to gain or maintain power and control over an intimate partner1. One of the largest populations of domestic violence victims in the world resides in India2. It is a social problem that permeates through all socio-economic strata of the country, but its occurrence is particularly acute among impoverished and illiterate...
The Art Of Writing Judgment [Part-I]
Prefatory remarks: The crafting of judgments is an art. Neither the sheer length nor the weight of a judgment, nor its brevity, are an index of its quality. Some judgments despite reproducing the entire pleadings copiously and often repeatedly, extracting oral and documentary evidence in exasperating detail, and cataloguing or extracting precedents cited in painful and...
Balancing Innovation And Rights: Evaluating India's Telecommunications Act Of 2023
India's telecom sector has undergone a significant transformation from its early days governed by outdated laws like the Indian Telegraph Act of 1885[1], the Indian Wireless Telegraphy Act of 1933[2], and the Telegraph Wires (Unlawful Possession) Act of 1950[3]. The recent repeal of the 1950 Act in 2023 is a key move in updating the sector's regulations. These old laws were essential...
Surveillance State Or Secure Nation? Unveiling The Interception Powers In India's Telecom Act
India's bustling telecommunications landscape has undergone a seismic shift with the arrival of the Telecom Act 2023. Replacing the antiquated Telegraph Act of 1885, this new legislation promises a modern framework for regulating the sector. However, amid the flurry of technological advancements and market reforms, a crucial question looms: how does the Act balance the burgeoning needs...