Cyber-Bullying: How Should India Legally Equip Itself?

Growth in technology has changed the social fabric and given rise to new challenges such as cyberbullying, cybercrime, and digital harassment in India and worldwide. The internet was perceived as a safe-avenue for several, however leaving it unchecked without legal frameworks can damage individuals, citizens, enterprises, brands, institutions and even countries.Rising cases of cyberbullying will alarm the legal fraternity. A 16-year old make-up artist died by suicide at the start of this year...

Arbitrability Of Allegations Of Oppression And Mismanagement Under The Companies Act, 2013

Sections 241 to 244 of the Companies Act, 2013 (“Act”) provides statutory remedy to shareholders who believe that the affairs of the company are being conducted in a manner prejudicial to their interests or the interests of the company. Section 241 permits shareholders or the Central Government to file a petition before the National Company Law Tribunal (“NCLT”) if they believe there is oppression or mismanagement. Section 242 grants wide-ranging powers to the NCLT to provide relief, including...

First Sale Doctrine: Addressing Infringement By Tampering of Trademarks

A trade mark is a mark which is used in the context of goods as well as services for the reason of showing a relation in the field of trade between the goods or services and any person possessing the right, as the proprietor, to make use of the mark.[1] In India, the Trade Marks Act, 1999,[2] is the legislation which governs the use of trade marks in the country. It deals with the registration as well as the protection of trademarks for goods as well as services from being used in a dishonest...

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?

While litigation in India is a long-drawn and cumbersome process, the Arbitration and Conciliation Act, 1996 was enacted to provide speedy resolution of disputes and deviate from the rigours of the strict procedures. More often than not, the disputes referred to arbitration, are disputes between parties sharing a contractual relationship under works contracts, supply contracts, or any other contract where time is of the essence.If a party to such contracts fails to comply with its contractual...

Ticket To Nowhere: A Brief View On The Rising Issue Of Ticket Scalping In India

In recent years, the live music scene in India has witnessed an unprecedented surge in popularity, attracting international artists and generating mania among fans. However, this has also given rise to a troubling phenomenon i.e., ticket scalping, which is particularly highlighted by the recent frenzy surrounding high-profile concerts such as those of Coldplay and Diljit Dosanjh. As fans eagerly anticipated watching their live performance, the aftermath revealed a troubling trend of ticket...

SEBI's Yellow Card: 'Warning Letters'

In India, the Securities and Exchange Board of India (“SEBI”) serves a dual role of being a watchdog as well as a guide in the arena of the securities market. To foster market discipline, SEBI has increasingly resorted to issuing warning letters, an ostensibly soft enforcement tool, which may or may not be followed by a show cause notice. In a way, think of SEBI as a referee in a football match: when SEBI issues a warning letter, it seems akin to the referee pulling out a yellow card—not a...

Analysis Of POSH In The Backdrop Of Hema Committee Report

The Justice Hema Committee (“Committee”) Report was unveiled on 19 August, 2024 by the Kerala Government after several lawsuits that were filed with the Kerala High Court (“High Court”) against its public release. The report was finally issued in a redacted form on account of confidentiality, revealing severe workplace sexual harassment within the Malayalam film industry (“Malayalam Industry”). It is rooted in the 2017 rape case of an actress, who was abducted and sexually assaulted in a...

FTL, Buffer Zone And G.O.111 Area Demolitions By HYDRAA – Legal Perspective

In the past few months, Hyderabad has witnessed a whirlwind of demolitions of illegal constructions encroaching the Full Tank Level (“FTL”) lands, buffer zones and lands covered under the Government Order 111 issued by the Municipal Administration and Urban Development (“MA&UD”) Department of Government of Andhra Pradesh on March 8, 1996 (“G.O. 111 Lands”) owing to the actions of Hyderabad Disaster Response and Assets Protection Agency (“HYDRAA”). HYDRAA, was formed on July 19, 2024[1]...

Bankruptcy:Corporate Obituaries Can Be An Economic Fillip

In an era where sustenance and longevity are sought-after virtues, the remote consideration of a corporate losing life is considered a taboo. The pursuit of enabling start-ups, providing loss-making entities to wind-up, and paving a structured exit for investors, pushed India to operationalize its Insolvency & Bankruptcy Code (2016). It was anticipated to be a transformative legal framework. But, eight years later, well, the glass is half-full. An optimist would focus on the...

Correlation Between Capital Contribution And Profit Sharing Ratio In An LLP

A Limited Liability Partnership (“LLP”) is a body corporate formed and incorporated under the Limited Liability Partnership Act, 2008, (“LLP Act”) and functions as a distinct legal entity, separate from its partners. This separation means that the LLP can own assets, enter into contracts, and be held liable independently of its partners, providing a layer of protection to the personal assets of the partners. An LLP has perpetual succession i.e. it continues to exist regardless of changes in its...

Hidden Hatchery: The Birth Of Unpublished Price Sensitive Information

In the kingdom of the securities market, information reigns supreme. It is capable of shaping perceptions, driving market movements, and influencing the pricing of securities. Information is the lifeblood of the securities market - its protection, timely and accurate dissemination is vital for the market's integrity. The dynamic realm of economic activity continuously gives rise to information regarding the health and endeavours of companies and businesses. Amongst this vast galaxy of...

The Legal Battle Over EIA Amendments: TNPCB's Response And The Way Forward

The Kerala High Court's ruling in One Earth One Life v. Ministry of Environment, Forests and Climate Change & Anr. brought significant uncertainty to the regulatory landscape surrounding the Environment Impact Assessment Notification No. S.O. 1533(E) dated September 14, 2006 (“2006 EIA Notification”), especially for the construction and building projects related to industrial sheds, schools, colleges, and hostels for educational institutions, which have availed the benefit of exemption...