Permissibility And Scope Of Judicial Review Against Transfer Orders

The Indian courts and tribunals are frequently flooded with lawsuits brought by employees who feel wronged by their transfers. Employees who are not moved from rural to metropolitan locations frequently feel betrayed by their non-transfers. It must be realized that complete chaos and confusion would ensue if no employee was willing to travel to the remote places for work. Although there is very little room for judicial review of transfer orders, courts will inevitably become involved if...

A Comprehensive Overview Of The Proposed Clampdown On Fin Influencers

The Securities Exchange Board of India released a “Consultation Paper on Association of SEBI Registered Intermediaries/Regulated Entities with Unregistered Entities (including Finfluencers)”, the objective of the same being to seek comments from the public. The SEBI with this paper seeks to regulate the Finfluencers which are usually unregistered. An influencer is a person who has the access and power to attract people and can influence other people's decisions. Furthermore, Finfluencers or...

AI And The Legal Landscape: Embracing Innovation, Addressing Challenges

In the realm of technological advancement, one of the most intriguing and rapidly evolving fields is the integration of Artificial Intelligence (AI) into various aspects of society. As AI systems become increasingly sophisticated, they are finding applications in diverse sectors, including healthcare, finance, transportation, and entertainment. However, as AI technology continues to permeate different spheres of human activity, it brings with it a host of legal implications and challenges that...

AI-Powered Justice: Safeguarding Against Sexual Offenses In The Metaverse

The metaverse represents the dawn of a new era fraught with unanswered questions and challenges demanding resolution. As this virtual realm continues to expand, it unravels a chasm of complexities that necessitate careful examination and proactive solutions. The concept of the Metaverse continues to captivate our imaginations, recent technological advancements, such as those pioneered by Elon Musk's Neuralink, further blur the boundaries between the virtual and physical worlds. Neuralink's...

Byte The Ballot: Elections In The Age Of Artificial Intelligence

“Constitutional guarantees cannot be subjected to the vicissitudes of technology.” - Justice K.S. Puttaswamy v. Union of IndiaOn 16th February 2024, 20 technology giants including Google, Microsoft, OpenAI, Amazon, and Meta signed a “Tech Accord to Combat Deceptive Use of AI in 2024 Elections.” Portrayed as a voluntary framework of 7 principles, this Accord comes in the context of the increasingly dangerous challenge posed to electoral democracy by Artificial Intelligence (“AI”) in an...

Unraveling ESG Regulations: A Closer Look At India's Approach

As the landscape of corporate India is shifting towards sustainability, the relevance of Environmental, Social, and Governance (ESG) regulations is growing rapidly. ESG regulations are different standards the government prescribes for actions relating to the same. The purpose of these regulations is to motivate companies to adopt sustainable measures and practices that will ultimately result in a sustainable and ethical impact and will also protect their investors from greenwashing. These...

Unraveling ESG Regulations: A Closer Look At India's Approach

As the landscape of corporate India is shifting towards sustainability, the relevance of Environmental, Social, and Governance (ESG) regulations is growing rapidly. ESG regulations are different standards the government prescribes for actions relating to the same. The purpose of these regulations is to motivate companies to adopt sustainable measures and practices that will ultimately result in a sustainable and ethical impact and will also protect their investors from greenwashing. These...

Interpretation Of Exclusionary Clauses Vis-A-Vis Rule Of Damages

An exclusionary clause in a contract is a contractual arrangement between the parties entering into the contract that restricts, limits, or excludes the liability of one of the parties against the other, in anticipation of the contingencies arising out of the breach of contract. The idea of limiting/ excluding the liability of either of the parties entering into the contract, on the breach of any contractual obligations, goes against the very edifice of the rule of damages/liability...

Navigating IPR In Mergers And Acquisitions - Insights From A Start-Up Standpoint

In the high-stakes dance of mergers and acquisitions, intellectual property (IPR) isn't just a footnote on the balance sheet - it's the hidden melody powering the whole performance. For startups, with their innovative lifeblood coursing through intangible patents and algorithms, understanding IPR in M&A is the difference between harmonious growth and a discordant crash. Failing to protect this invisible orchestra of ideas risks legal disputes, loss of value, and a tarnished...

Cabinet Releases Draft Patents (Amendment) Rules, 2024

Cabinet releases Draft Patents (Amendment) Rules, 2024In a notable move, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide notification dated January 02, 2024, has proposed amendments to the Patents Rules, 2003, which shall be taken into consideration by the Central Government after the expiry of a period of thirty days i.e. after February 01, 2024.The Department for Promotion of Industry and Internal Trade (DPIIT) has invited objections or...

Non-Est Filing: A Roadblock To Challenge The Arbitral Award

Non-Est Filing: A Roadblock To Challenge The Arbitral AwardArbitration has been thriving in the legal landscape for more than two decades now. The Arbitration and Conciliation Act 1996 Act (hereinafter “Act”), the 2015 amendments and the evolving arbitration jurisprudence through various judgements have brought much need clarity in the law. All these efforts of making arbitration, effective, efficient, time saving, user friendly, etc. have made arbitration a go to option for the parties to...

Joint And Several Liability Through The Prism Of Motor Vehicles Act

Section 140(1) of the Motor Vehicles Act, 1988 (hereon referred to as “the act”) provides where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. Ingredients to be...