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THE SOCIAL MEDIA FURORE
The Government of India, in supersession of the Information Technology (Intermediary Guidelines) Rules, 2011, notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as the “Rules”) under the Information Technology Act, 2000 (“IT Act”) on February 25, 2021. ...
PERSONAL GUARANTORS ARE ACCOUNTABLE UNDER THE IBC: THE SUPREME COURT SHEDS LIGHT
On May 21, 2021, the Apex Court of India, in the case of Lalit Kumar Jain vs. Union of India & Ors. , upheld the validity of the Centre's notification dated November 15, 2019, allowing banks to proceed against personal guarantors for recovery of loans given to a company under the Insolvency and Bankruptcy Code, 2016 (IBC) (“Notification”). ...
The Supreme Court Rules on the Quarrel Over Oral Remarks of Judges
The Supreme Court has recently, in the case of The Chief Election Commissioner of India Vs. M.R Vijaybhaskar & Ors. ("Judgment"), reiterated the inalienable right of the media to report oral remarks of judges during the course of any hearing. A bench, led by Justice DY Chandrachud, comprehensively tackled this precarious question which had found its way to the Apex Court. ...
INDIA AND THE CAIRN ENERGY CONUNDRUM
Cairn Energy PLC (“Cairn Energy”) is one of Europe's leading independent oil and gas exploration and development companies and its dispute with the Indian government has recently been making headlines here in India as well as across the globe. ...
To Litigate or Arbitrate, a “Heroic” Dilemma
As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...
How Incumbent is Section 124A of the Indian Penal Code? – The Supreme Court decides to Exa...
The law should not be used in a manner that has chilling effects on the ‘freedom of speech and expression’, observed the Supreme Court of India in S. Khushboo v. Kanniammal . Based on the same rationale, a petition has been filed by journalists Kishorechandra Wangkemcha and Kanhaiya Lal Shukla (“Petitioners”), for challenging Section 124A of the Indian Penal Code, 1860 (“IPC”) which penalises the crime of ‘sedition’ (“Petition”). ...
Who Judges Whom: Turf Wars, Forum Shopping and Anti-suit Injunctions
An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ...
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