Law Firm Articles
The Rights Of Consumers In The Digital Age: Advantages And Disadvantages Of E-Commerce
E-commerce has seen immense growth in the recent past; the use of smartphones and readily available internet has completely transformed the way of purchasing today. Today a consumer not only make purchases online but also browse a wide range of goods, look for a specific product and also compare prices easily. But then there are certain disadvantages to this as well. In this article, we are going to look at both the prospect of E-commerce and also the Rights of a consumer in the...
Product Liability Under Consumer Protection Act, 2019
Products liability refers to the liability of any or all parties along the chain of manufacture/supply/service of any product or services for any damage caused by that product. This liability includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner or even the person installing the goods. Products containing inherent defects that cause harm to a consumer/user of the product would be the subject of products liability suits. While...
Goods And Services Tax On E-Commerce Transactions
Goods are Services Tax [GST] has been imposed on "supply of goods or services". It is immaterial as to under what mode of communication the supply contract is negotiated. Tax remains the same even when contract is negotiated orally, in writing or through e-communication. Thus, on a fundamental level, GST on e-commerce operator remains similar to any other mode of supply. Nevertheless, there are a few distinctly specific provisions applicable to e-commerce operators and suppliers of goods...
Sameen Vyas: A Remembrance
Sudden demise of Mr. Sameen Vyas has sent ripples across law firm circles. He suffered cardiac arrest during his sleep and departed unannounced at a young age of barely 52. SV, as he was fondly referred to, was a doyen of the projects practice in the country and backbone of L&L Partners, it being his first and last workplace. Corporate lawyers are seldom eulogized. Unlike their litigating counterparts who enjoy a definite public life through celebrated judgments, courtroom...
Recent Changes In FDI Policy And Its Impact
The Department of Industrial Policy and Promotion on 18 September 2019 issued a press note, Press Note 4 of 2019 (Press Note) amending the consolidated foreign direct investment (FDI) circular of 2017 (FDI Policy). The Press Note was issued further to a press release dated 28 August 2019 (Press Release) issued by the Government of India approving the proposals to amend the FDI Policy in four sectors, namely, coal mining, digital media, single-brand retail trading (SBRT) and contract...
Anti - Arbitration Injunction
An "anti-arbitration injunction" is an injunction whereby one party seeks restraining orders against the other party to proceed or commence with an arbitration proceeding in pursuance of the arbitration agreement between the parties. Though the concept of "anti-arbitration injunction" is not defined in the Arbitration and Conciliation Act, 1996 ("the Act"), it has been duly recognized and adopted by the Indian Courts. Usually, the Courts in India whilst considering section 8 of the Act...
Key Highlights Of The Companies (Amendment) Act, 2019
The Companies (Amendment) Act, 2019 ("Amendment Act"), received the assent of the President on July, 31, 2019. With the Amendment Act, Central Government seeks to ensure more accountability and better enforcement to strengthen the corporate governance norms and compliance management in corporate sector. The key amendments of Amendment Act are as follows: Crackdown on shell companies: In pursuit of the drive to curb the menace of shell companies, the Amendment Act provides ...
Regulatory Sandbox – An Emerging Tool For Fintechs
The technological innovation has led to revolutionary changes in business operations across industry verticals. The financial sector has also been a part of this technological revolution. In fact, technological innovation is considered to be one of the most influential developments affecting the global financial sector in the near future[1]. The changes in financial services industry due to technological innovation has led to evolution of fintechs. Fintechs, being considered as a...
No Country For Poor Men – Why The Vengayyana Lake Incident Should Be A Wake-Up Call For India
In a shocking story, first reported by the Bangalore Mirror on the 9th of July, an official of the Karnataka Forest Department, unhappy with the sanitation conditions surrounding Vengayyana Lake, has come up with a cruel and inhumane proposition. Harshvardhan PN, an Assistant Conservator of Forests within the Karnataka Forest Department, announced that the Department had made arrangements to ensure that the 20 pourakarmikas, tasked with manually separating wet and dry garbage, dumped daily at...
NCLAT Approves Resolution Plan Of ArcelorMittal With Certain Modifications
The National Company Law Appellate Tribunal has modified and approved the Resolution Plan of ArcelorMittal India Private Limited in the Corporate Insolvency Resolution Process of Essar Steel India Limited. Previously, the NCLT, Ahmedabad had approved the Resolution Plan of ArcelorMittal as approved by the Committee of Creditors of Essar Steel India Limited. Standard Chartered Bank, Prashant Ruia and certain banks among various other appellants had approached the NCLAT seeking various...
Debarment of The Defaulting Resolution Applicants: A Need of The Hour
The Insolvency and Bankruptcy Code, 2016 ("Code") and the regulations made thereunder have witnessed several amendments and litigations since the date of notification of the Code. It is an admitted fact that many corporate debtors have seen resolution under the Code, yet there are number of cases which have gone into liquidation due to varied reasons. The courts and tribunals in India have been working tirelessly to implement the spirit of the Code, that is, to promote resolution of...
