Promotions Under The Garb Of Surrogacy Or Genuine Brand Extension? - Explained

In India, advertisements are regulated by a dual regulatory regime. One is a self-regulatory mechanism established by the Advertising Standards Council of India (“ASCI”), an independent body regulating advertisement, and the second is a statutory framework. Under the statutory framework, in addition to regulations which generally apply to advertisements like the Cable Television Network Rules, 1994 (“Rules”), a new consumer protection law was introduced through the Consumer Protection ...

Funding Matters: Inside The State Versus Union Conundrum

Any woman is equipped well to explain the perils of spending more than one’s earnings. We all have had our elders somehow explaining to us the importance of saving, but when the case involves a government and states the choices there are not too many choices. In a Country the Central Government may have the choice of handling excessive spending tackled by either printing more money, raising from markets, or rationalising the expenditure a gap. However, to a state there is the onus of...

Foreign Campuses For Higher Education In India – A Half-Baked Regulation?

In pursuance of the National Education Policy 2020 (“NEP”), on 5 January 2023, the University Grants Commission (“UGC”) unveiled the draft of ‘University Grants Commission (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023’ (“Draft Regulation”), for the purposes of inviting public comments, with an aim to provide an international dimension to higher education, enabling Indian students to obtain foreign qualifications at affordable cost,...

To ‘Perkins’ Or Not To ‘Perkins’

Recently, a Single Bench of the High Court of Calcutta has delivered a judgment, McLeod Russel India Limited v. Aditya Birla Finance Limited (“McLeod Russel”)[1] in an application under Section 14 of the Arbitration and Conciliation Act, 1996[2] (“Act”).In this matter, a challenge to the appointment of a Sole Arbitrator was made on the ground that such Arbitrator was appointed unilaterally by the ‘Investor’, as provided in the arbitration agreement between the parties, thus falling foul of the...

Wilful Default: A Local Solution For A Global Economic Menace

Searching ‘Wilful default’ is unlikely to land results from America, Singapore, United Kingdom, United Arab Emirates, and even Australia. Does that imply wilful default as an Indian problem? Statistics suggest the country’s top 50 wilful defaulters owe Rs 92,570 crores to Indian banks. The bigger number is what banks wrote off in the last ten years - Rs 10.1 trillion (lakh crores). The absence of such big numbers or economic discourse in developed economies such as the US and Europe...

SEBI LODR Amendments: Stricter Disclosure Norms For Public Owned Entities

“The role of the financial regulator is threefold. First, to complete the reforms to repair the cracks in the system exposed by the global financial crisis. Second, to implement regulations consistently. And third, to monitor evolving markets and evolving risks.” It becomes imperative on the regulators to ensure greater transparency in the disclosure norms of public entities as such entities are ultimately accountable for the stakes/interests of the public. In this sense, high...

Embracing The Tectonic Shift: How Technology Is Transforming The Legal Profession

Technology today is an integral part of our lives. If somebody did Maslow's Hierarchy of Needs today for professionals, technology would be one of the physiological needs in place of food and clothing. It is a reality and a necessity. It is the spool for executing the companies' strategies. Forward-thinking and future-ready organizations can only do with a digital strategy if they want to engage with their customers and employees. Tech-enabled interactions and data-driven decisions are...

Intellectual Property Rights In The Gaming Industry

From a child to an adult, modern gaming has been an interest for most of the generations. In the present times, where recreational activities have been a focal point, the gaming industries like e-sports have been in the front foot. Since 1990’s, the gaming business has firmly established itself, and the digital gaming market in India is expanding at a rapid rate especially after 2000.[1] A video game essentially contains a collection of contractual and intellectual property rights. These...

Winding Up AIFS Set Up In The Form Of Trusts

“Alternative Investment Fund” means a fund established or incorporated in India under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”) in the form of a trust, a company, a limited liability partnership, or a body corporate. The AIF Regulations define an alternative investment fund (“AIF”) (i) as a privately pooled investment vehicle which collects funds from investors, whether Indian or foreign, for investing it in accordance...

Arbitrator’s Fee: Supreme Court Settles The Law

The Supreme Court of India in the matter of Oil & Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV -2022LiveLaw (SC) 723 had resolved various issues circling around the Arbitrators’ fee. The Court while dealing with the question of Arbitrator’s fee framed the following issues, which are discussed separately in this article: 1.1 Whether the Arbitral Tribunal Can Unilaterally determine their own fees The first question that the Court proceeded to decide was whether an arbitral ...

Current Bank Account Holder - A Consumer Under Consumer Protection Act?

The Consumer Protection Act, 1986, came into existence with the purpose of protecting the rights of a consumer by providing cost effective and speedy redressal of their grievances through a quasi-judicial machinery. Keeping with the developments and evolution of our economy, the Consumer Protection Act, 1986 (“old Consumer Act”), was completely overhauled with the advent of the Consumer Protection Act, 2019 (“new Consumer Act”). The rights and protection granted by the Act are extended ...

History And Development Of John Doe Orders In India

What is a John Doe Order? A John Doe order is an order passed by a Court against the world at large. A John Doe order is a type of legal order that allows a person or entity to take legal action against an unknown party or parties. This type of order is often used when the identity of the person or entity being sued is not known at the time when the legal action is being taken. John Doe orders are commonly used in cases involving anonymous internet users, or when a company is seeking...