End Of An Anomaly: Applicability Of Real Estate (Regulation And Development) Act, 2016 Held Retroactive

The Hon'ble Supreme Court of India in its latest judgment M/s Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. dated 11.11.2021 held that the provisions of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "the Act) shall be applied retroactively to the projects that are ongoing on the date of the commencement of the Act. The debate between the Act being applicable retroactively or retrospectively is long drawn and find its roots...

Overview Of The Recent Regulatory Changes Concerning Alternative Investment Funds In India

The Securities Exchange Board of India (hereinafter referred to as "SEBI") has recently amended the Alternative Investment Funds Regulations, 2012 (hereinafter referred to as the "AIF Regulations") to inter alia, require filings for placement memorandums with SEBI to be done through a SEBI registered merchant banker effective November 11, 2021. Further, vide its circular dated October 21, 2021 ("Circular"), SEBI has issued the modalities for such filings including the obligations of the...

Territorial Jurisdiction Of CBI Special Court Situated At Delhi's Rouse Avenue Court Complex, Challenged

Jurisdiction of the CBI Courts situated at the Rouse Avenue Court Complex, New Delhi to try and entertain the matters under the Prevention of Corruption Act, 1988 was questioned during the course of arguments upon the application u/s 91 Cr.P.C. preferred in the matter of CBI v. S.K. Jain & Others pending before the Court of Sh. Chandra Shekhar, Ld. Special Judge, R.A.C.C., New Delhi. During the course of arguments, the court questioned its territorial jurisdiction to try the...

The Drone Rules, 2021- New Wings To The Drone Technology

The Drone Rules, 2021 came into effect on 25th August 2021 replacing the earlier draft regulations namely Unmanned Aircraft System Rules 2021, to regulate and revamp the use and operation of Drones or Unmanned Aerial System ("UAS") in India. These rules are a liberalized version of the previously enacted UAS Rules. The Drone Rules, 2021 have also done away with the strict requirements as to the need and possession of certificates relating to the maintenance of drones and its associated...

Sustaining A Viable Mediation Advocacy Practice

It is not uncommon to find lawyers and litigants who are suspicious and sceptical about Mediation. On the other hand, there are lawyers and mediators who believe in the power of Mediation. It was a privilege to engage in a discussion moderated by Tara Ollapally (Co-Founder & mediator at CAMP) and having Sahil Kanuga (Head, Commercial Disputes; Nishith Desai Associates), Ganesh Chandru (Partner, Dua Associates), Rahul Kothari (Founder, Squarely Legal) and Ekta Bahl (Partner, Samvad...

Antitrust Enforcement In Digital Markets: CCI On Interim Reliefs

Recently, the Alliance of Digital India Foundation (ADIF), a Delhi-based think tank with members from India's start-ups and entrepreneurs, filed a petition with the Competition Commission of India (CCI) seeking interim relief against Google's policy of collecting commission on payments made on Playstore apps, which takes effect in March 2022. The CCI has the authority to grant interim relief under section 33 of the Competition Act, 2002 (the Act). The Act's ability to give interim...

A Review On IT Rules 2021: A Positive Or A Negative Restriction On Digital Media And OTT Platforms?

The Information technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was released by the Indian Government to regulate the social media platforms, digital media platforms and the OTT platforms. With the new IT Rules the Government of India is trying to regulate the digital media sphere and the content that is shared in these platforms online. These IT rules are formed under the IT Act 2000 and this has superseded the previous IT rules of 2011. But are the new IT...

Does Legalization Of Prostitution Increase Human Trafficking And Make Children More Vulnerable?

According to Global Estimates of Modern Slavery[i], an estimated 3.8 million adults were victims of forced sexual exploitation and 1.0 million children were victims of sexual exploitation in the year 2016. The vast majority of victims (99 per cent) were women and girls. One in four victim of modern slavery were children, and children who were in commercial sexual exploitation represented the 21 per cent of total victims in this category of abuse. According to Havocscope, the total...

An Analysis Of The Centre's FAQs On The 2021 IT Rules

Recently, in an attempt to "explain the nuances" of the due diligence obligations imposed upon intermediaries and the newly created class of 'significant social media intermediaries' ("SSMIs") under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("2021 IT Rules"), the Ministry of Electronics and Information Technology ("MeitY") released frequently asked questions ("FAQs") on the 2021 IT Rules. The scope of the FAQs is limited to Part II of...

How Do Lawyers Counsel Clients During Cold-Feet Mediation Moments?

How many times have you bargained for that nice pair of shoes or that lovely dress, got the price right, but then changed your mind? Doubts like "Do I really need to do this?", "Do I really need it?" "Is this the right thing to do?" What if there is a better deal out there?" That is called "Cold Feet" and happens to us many times even in big ticket negotiations. After all, human beings are no strangers to the fickleness of the mind. "Cold feet" can be defined as an apprehension or...

Statements Of Accused Persons Under Section 50 Of The PMLA– Highlighting The Lack Of Constitutional Protection

Section 50 of the Prevention of Money Laundering Act, 2002 (hereinafter "PMLA") pertains to powers of an investigating officer in relation to summons, production of documents, giving evidence etc. Section 50(2) of the PMLA empowers The Director, Additional Director, Joint Director, Deputy Director or Assistant Director to summon any person for the purposes of giving evidence or producing records. Section 50(3) of the PMLA compels the person so summoned to state the truth, without having...

A Practical OSINT Guide To Conducting Business Investigations And Background Verifications

The handbook titled "A Practical OSINT Guide to Conducting Business Investigations and Background Verifications" - Open-Source Intelligence Techniques (OSINT) for Smart Business, is intended to assist businesses ranging from individual-led ones to corporates. Most of the resources available are focused on the information available for the US, UK, and European countries. This guide is an attempt to portray OSINT from an Indian perspective and the resources available in India. The information...