Law Firm Articles
Labour Rights And Ease Of Doing Business: Concurring The Calibrations
India jumped to 63rd rank by 14 points in 2019 in the Ease of Doing Business Score by World Bank and has been one of the few consistent risers in the said list. The measure of Business Regulations over wide parameters ranging from starting a business, paying taxes, trading across borders to enforcing contracts and resolving insolvencies. One key parameter to the index which was excluded in the much talked about improvement of India's ranking in Doing Business report 2019 is regulating...
Beneficial Ownership: A Comparative Analysis
Under changes to India's foreign direct investment regulations (the "FDI Regulations") with effect from April 22, 2020, (i) an investment by entities of a country which shares a land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country; and (ii) any transfer of ownership of any existing or future foreign direct investment in an entity in India, directly or indirectly, resulting in the beneficial ownership falling...
PR Strategies For High Profile Litigations
The recent clamour around the Sushant Singh Rajput case has shown how and why does managing the public and the media perceptions matter in high profile litigation cases. Lawyers from both sides have incessantly given interviews to the media and have opined in a number of platforms including social media outlets regarding their take on the case. Such an active involvement by lawyers in high-profile litigations is required in order to prevent circulation of fake news or the formulation of...
How Lawful Is The Legal Representation Of Victim Child By Multiplicity Of Stakeholders Before Special Courts Designated Under POCSO Law?
A child never remains a child anymore, when a crime or series of crime is committed against him[1] for he has seen the other side of the known and unknown perpetrators, although the former rules the statistics. The government, civil society and institutions hailed the implementation of new law i.e. The Protection of Children from Sexual Offences Act, 2012 as amended by The Protection of Children from Sexual Offences (Amendment) Act, 2019[2] (hereinafter referred to and called as 'POCSO...
Scope Of Enquiry And Judicial Notice While Granting Mesne Profits And Damages For Unauthorized Occupation Of The Leased Premises
A person doing something with full knowledge of its adverse consequences must face the consequences. Applying such a principle to cases of continuation of occupancy despite termination of lease, it is to be held that such a person is liable for paying mesne profits and damages at a rate which may be higher than the agreed rent and may be equivalent to the then the prevalent market rate of rent. It is also a common sight in our litigation system that unscrupulous parties delaying...
Leaving OTT Communication Services To Their Own Devices
On September 16, 2020, the Minister of State for Communications, Education and Electronics and Information Technology during a session in the Lok Sabha, informed the Parliament that the Telecom Regulatory Authority of India ("TRAI") had published its recommendations for the Department of Telecommunications ("DOT") to regulate Over the Top ("OTT") Communication Services[1]. OTT communication services are those services that provide real-time communications solutions that operate over...
Foreign Judgments On Matrimonial Disputes And Their Enforceability In India
'Comity of Courts' or 'Judicial Comity' is a principle of law that essentially entails that Courts of a particular jurisdiction will recognize and give effect to the judgments of a court of a different jurisdiction, out of deference[1]. The Code of Civil Procedure, 1908 ("CPC") recognizes the principles of judicial comity and states that a foreign judgement shall be conclusive as to any matter adjudicated upon[2] and upon the production of any document purporting to be a certified copy...
National Education Policy, 2020
The National Education Policy 2020 (NEP) has laid out a vision about what education in India should be like in the upcoming years. The NEP has focused on many changes to teaching, learning and regulatory framework of primary, secondary and higher education. The NEP proposes the revision and revamping of all aspects of the current education structure, including its regulation and governance, to forge a new education system that is on par with the aspirational objectives of 21stcentury ...
Bribery and Money-laundering Risk Management In M&A
Perhaps there has never been a better time then the present to undertake cross-border M&A activities as the world is turning into a highly integrated global market. However, as government agencies and regulators around the world are strengthening their enforcement efforts (having unearthed major bribery, corruption and money laundering related lapses by various corporates in recent years), corporate activities have come under increased regulatory scrutiny. A target's historical and...
One Year Of The CCI's 'Green Channel' Route For Deemed Approval Of Combinations
The Competition Commission of India (the "CCI") recently commemorated the completion of the first year of the 'Green Channel' approval route for combination filings in India,[1] by way of which, combinations which meet certain criteria are deemed to be approved upon filing a valid short form notification (Form-I) with the CCI, i.e., such transactions are deemed to be approved without the need to wait for a formal approval notification from the CCI. Transactions which may avail of this...
Refugee Protection In Canada As Basis Of Immigration
No one wants to leave their native place but when the protection of yourself and your family is concerned, then you need to make certain compromises. If a country you were born into or live in does not guarantee you and your family safety, then can you live in such a fear? The Case of Siberia is something everyone has heard of. How so many people were stranded from their homes in a day and were left with nothing. That is the reason why many people take shelter of another country to save...
