Jan Vishwas Amendments And Its Impact On The Legal Metrology Act 2009

The objective behind enacting the Jan Vishwas (Amendment of Provisions) Act, 2023 (“Amendment Act”) by the Government of India is to decriminalize and rationalize the offences to further enhance trust-based governance for ease of living and doing business. To reduce the compliance burden on individuals and businesses, the Government took the initiative to reform the archaic rules and regulations that were causing trust deficit amongst the general public and entrepreneurs.It is essential to...

Digital Courts: Future Of The Indian Legal System

“The issue is not whether a judge is tech-savvy or not. To be a judge in this country, one must be tech-friendly or else, ensure adequate training to familiarize oneself with technology. This also holds true for Supreme Court judges who have undergone training at specialized centers.”This was part of Chief Justice of India D Y Chandrachud’s recent observations during the hearing of a petition on the present status of virtual and hybrid hearings at high courts across the country. Technology is no...

Top 10 Insolvency Law Judgements [April To September 2023]

In recent times, several noteworthy judgments have been rendered by the Indian Courts and Tribunals in matters relating to the Insolvency and Bankruptcy Code, 2016 (IBC). Some decisions rendered from April to September 2023 that discuss the legal position concerning the interpretation and applicability of provisions of the IBC have been summarised below:1. RPS Infrastructure Ltd. v. Mukul KumarSupreme Court of IndiaCitation: 2023 LiveLaw (SC) 773The mere fact that the adjudicating authority has...

Top 10 Arbitration Judgments [January To September 2023]

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Some decisions rendered from January to September 2023 that discuss the legal position concerning the interpretation and applicability of provisions of the Arbitration and Conciliation Act, 1996 have been summarised below:1. TATA Sons (P) Ltd. v. Siva Industries & Holdings Ltd.Supreme Court of IndiaCitation: 2023 LiveLaw (SC) 39In terms of the amended...

Lender’s Dilemma: Maintain Poetic Leniency Or Plan Monetary Prudence

Banks and financial institutions are expected to provide safe, accessible, and inclusive financial services. It is expected that they not only provide loans but also render it in a manner that contributes positively to the well-being of the individual and community. In other words, banks have a compelling responsibility to comply not only with well-defined laws of money management but also be ethically sound.The recent case of suicide of the lead promoter of a Bollywood Art design studio near...

Artificial Intelligence Lacks Personhood To Become The Author Of An Intellectual Property

Traditionally, humans are supposed to have intelligence and create innovative or novel work capable of being recognized to be registered as intellectual property and the same belief has been reflected in the legislators of the IP laws.What if there is a machine or software that can comprehend the information fed into it to create an intelligence far more superior, accurate, and readily available for everybody. Why should such intelligence be treated differently and not be provided the rights...

From Instructing (An Advocate) To Return All The Briefs To Conflict Of Interest: Where Are We Headed?

Legal profession is largely considered to be one of the oldest professions in the world. An advocate, in addition to being a professional, is also an officer of the court and plays a vital role in the administration of justice and in order to do so, an advocate has to take up cases, without any compulsion, restriction and / or favour and represent his or her clients to the best of his or her ability.A while back, a regulator in India asked one of its empanelled law firms (“Firm”) to return all...

BLINKHIT And MISSED: Blinkhit Private Limited vs. Blink Commerce Private Limited (Blinkit)

The Supreme Court has refused to restore the temporary injunction order passed by the additional City Civil Judge Bangalore on account of the Appellant i.e. Blinkhit Private Limited, having failed to establish any concrete business activity/ financial transaction since its inception. The court further upheld the Karnataka High Court’s order of setting aside the trial court’s order on being erroneous.Brief BackgroundThe Addl. City Civil Judge, Bangalore vide its order dated August 10, 2022 passed...

Strategic Insights Into Dawn Raids: A Crucial Tool In India's Anti-Trust Arsenal

In the Indian anti-trust law framework, the term "dawn raids" is a frequently used colloquial expression but not formally defined. It refers to sudden and unannounced search and seizure operations conducted when the Competition Commission of India (CCI), i.e., India's anti-trust regulatory authority, suspects that enterprises are indulging in anti-competitive activities. Dawn raids may be conducted at any time, including holidays, when businesses are least likely to expect search operations and...

Evolving Legal Framework Of Online Skill-Based And Chance-Based Games

In the realm of Indian law, a pivotal distinction exists between "Game of Skills" and "Game of Chance." Game of Skills, can be identified by their reliance on the knowledge of the player, experiences, expertise, abilities and skill. In stark contrast, "Game of Chance" focuses on randomness and luck, sidelining the skills of the player, knowledge, or experience. These games find their outcomes tied to fortuitous events, rendering players with limited influence over results.A milestone within...

Landed Value For Injury Analysis In An Anti-Dumping Duty Investigation Cannot Be A “Notional Value”

The Central Government, acting on the recommendation of the Director General of Trade Remedies (“Designated Authority”) in its Final Findings dated 5th May, 2023[1], had imposed Anti-dumping duty on the imports of Single Mode Optical Fibre from China PR, Korea RP and Indonesia, vide Notification No. 7/2023- Cus (ADD) dated 3rd August, 2023[2]. The duties come as a big relief to the Indian manufacturers of Single Mode Optical Fibre (SMOF), which is primarily used for making Optical Fibre Cables...

Cyber Resilience For Government Entities: A Legal Blueprint

The Indian Computer Emergency Response Team (CERT-In), an organ of Ministry of Electronics and Information Technology (MeitY), is the national nodal agency for responding to computer security incidents in India. Recently, guidelines have been issued by CERT-In regarding the security practices to be adopted by the government entities for ensuring a safe and trusted internet (‘Guidelines’).The Guidelines are to consolidate best practices related to information security practices and procedures...