The Impact Of The Proposed Revamp Of E-Commerce Rules In India

On June 21, 2020, the Indian government issued draft rules (the "Draft Amendment") to amend the Consumer Protection (E-Commerce) Rules, 2020 (the "E-Commerce Rules"), which were introduced in July 2020. The Draft Amendment been issued against a backdrop of complaints made by consumers and sellers operating on e-commerce platforms on the manner in which e-commerce entities conduct their business in India. In this update, we discuss the key changes that have been proposed and their...

New Compliance Requirements For Payment Companies: RBI Releases Outsourcing Framework For Non-Bank PSOS

In 2020, the Reserve Bank of India (RBI) issued guidelines to regulate payment aggregators and payment gateways. The existing framework mandates banks and NBFCs to follow various rules for outsourcing of financial services, which include among others, conducting due diligence of service providers, evaluating risk and capability of service providers, and monitoring and controlling the outsourced activities. On the same lines, on August 3, 2021, the RBI released a framework (New...

Constitutional Tort

The responsibility that an individual bears for the actions of another is known as vicarious liability. It's a common theme in master-servant partnerships. In general, a constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. If any of the civil rights are abused, there is a judicial attempt to obtain a legal redress in the form of damages. The sole difference is that if the act is performed in the execution of...

Process Analysis Of Pre-Packs : The Next Step In The Evolution Of Insolvency Regime In India

The enactment of the Insolvency and Bankruptcy Code, 2016 ('the Code') provided a new insolvency regime to the country in order to resolve the corporates and individuals, undergoing financial distress, in a time bound manner. Given the fact that the market for the new professions created by the Code have sufficiently matured and the processes introduced by it have adequately evolved, the Government found it feasible to explore new initiatives in order to further improve the effectiveness of the...

How do Lawyers Refer Mediation to clients?

We had the recent privilege to participate in a panel discussion on "Pitching Mediation to Clients" organized by CAMP and IDEX Legal. It was the Inaugural session of a six-session series on the various aspects of Advocacy in Mediation. More information on the Fireside Chat series and the subsequent sessions planned is available HERE The Panel on Pitching Mediation to Clients comprised persons of diverse competencies who shared the same objective – how do you successfully pitch...

Customary Divorces under Hindu Law

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. While marriages was solemnised through the performance of rituals such as Kanyadaan, Panigraha, Saptapadi and such others, divorce was given through practices such as Chhor chutti, Chuttam-chutta, Khaniaba, Tyag-Patra, Furkatnama, Char-chitti etc. The emergence of Anglo-Hindu law during the British Rule created a...

An Insight Into The Limited Liability Partnership (Amendment) Bill, 2021

The Limited Liability Partnership Act, 2008 (Act) was enacted and notified in 2009 and since its inception, the Limited Liability Partnership (LLP) has been a popular type of business entity since it offers the best of both worlds, that is, partnerships and companies. It combines the flexibility of partnership firms that allow the LLP to form their own rules for their operation with the cost of compliance being comparatively less and the benefits of the Company that distinguishes the...

India's Crypto Quandary

The recent boom in the cryptocurrency industry worldwide has encouraged countries to evolve the legal landscape that governs virtual currencies. India, too, has seen some developments since RBI's ban of cryptocurrencies in 2018. However, the Indian government seems to be in a quandary about the acceptability and adoption of virtual currencies. Decrypting the developments in the regulatory space In 2017, a high level Inter-ministerial Committee ("IMC") was constituted to study the...

Territorial Jurisdiction In Intellectual Property Cases: A Judicial Overview

Territorial jurisdiction in intellectual property cases is a complex question of law that involves an interplay of the facts and the relevant statutes. Right holders are often perplexed about where to file the suit or which court is the appropriate forum to try the suit. This post shall enumerate the relevant statues/provisions, their contents and the judicial precedents that have forged the path for lawyers and right holders to approach the appropriate court. First and foremost, it...

The Skill Of Legal Writing

I am a huge believer of the maxim "verba volant, scripta manent" which means spoken words fly away, written words remain! The Essence of Legal Drafting A well-drafted document in my opinion can make or break a case. A legal document, regardless of whether it is a plaint, affidavit or contract serves two purposes - informing and engaging both the client and the court about the legal issue. It is essential for lawyers and judges to draft all legal documents with clarity, such that the...

The Importance Of Research In Legal Practice

Legal research and writing in my opinion are the backbone of a good lawyer. Here, writing would mean communication. Communication can be in written, oral and nowadays, even in video form. Hence, as legal practitioners it is crucial that we are thorough on the basics of legal research and legal writing, or as one would say, communication. Communication Is Not What You Convey; Rather It Is What The Other Person Understands. Clear, unambiguous and simple communication is vital to...

Tax Issues Arising Out Of A Sale Of Indian Securities By A Non-Resident To A Resident

One of the fundamental drivers of any transaction involving the sale of securities is the impact of tax laws on such transaction. In a securities sale transaction, if the seller is a non-resident, the complexities increase. This paper delves into the various tax issues that arise when a person resident outside India sells his/her/its stake in an Indian company to a person resident in India. 1. Taxability of the Income of a Non-resident: In India, the taxability of a person's income...