Legally Speaking

How personality matters in intellectual property

10 Oct 2020 08:56 AM IST

What justifies an author in alienating his copies of work while keeping the exclusive right of reproduction of further copies with him? In the previous piece the author discussed about the foundational principle of the intellectual property. The author relates to the labor theory giving Locke’s justification for the intellectual

Law, Latin and lawyers

10 Oct 2020 08:55 AM IST

The constant use of the Latin maxims in cases, textbooks, treaties and scholarly works related to the legal field has been around for quite a few centuries now; over time many of these Latin words have become so common and usage of them in day-to-day parlance has made them seem

Arbitrability of insolvency petitions in India: An unsettled phenomenon

09 Oct 2020 06:09 AM IST

Recently, National Company Law Tribunal (NCLT), Mumbai, in a unique judgement passed in Kotak India Venture Fund- I vs Indus Biotech Private Limited (Kotak’s Case), referred parties to the Arbitration under Section 8 of the Arbitration & Conciliation Act, 1996 (Arbitration Act), while hearing the Insolvency Plea filed by the

Free speech and its impact on policymaking

09 Oct 2020 06:03 AM IST

A democracy places a premium on maximising good for the maximum number of people, but what makes it different is the premise that there is a lot more room for accommodation of diverse voices with every voice, in theory, being equal in the eyes of law notwithstanding its station in

Key highlights of the London Court of International Arbitration Rules, 2020

08 Oct 2020 06:00 AM IST

As Covid-19 struck the world, it was the need of the hour to ensure virtual hearings. While 2014 LCIA rules implicitly allowed these hearings, the explicit text would be of high benefit to the parties. Article 19.2 provides the mechanism to hold it through a conference call, video conference or

Artificial intelligence and the need for data protection in legal system

07 Oct 2020 05:54 AM IST

The world is connected with wide usage of Internet, social media sites/applications and smart technology. Data travels across the world with no territorial barriers. According to statistics, India has the second highest Internet population in the world with 400 million users as of 2018. This makes India a data rich

Determining ‘complex fraud’ and arbitrability of disputes

06 Oct 2020 05:30 AM IST

After the implementation of Act of 1996, the issue regarding arbitrability of disputes where allegations of fraud were raised, came up for consideration before the Supreme Court in N. Radhakrishnan v. Maestro Engineers (N. Radhakrishnan case) where, it relied heavily on Abdul Kadir’s case (which based its decision on Old

INDIA’S RAPE LAWS AND WHY THEY ARE OBSOLETE

05 Oct 2020 09:53 AM IST

“You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.” — Buckminster Fuller Our rape laws have undergone several changes over the years. In 1860, the Indian Penal Code, under Section 375, made punishable an act of sexual

Remembering the Mahatma as an eminent lawyer

03 Oct 2020 06:30 AM IST

‘Throughout my career at the bar I never once departed from the strictest truth and honesty. The first thing which you must always bear in mind, if you would spiritualize the practice of law, is not to make your profession subservient to the interests of your purse, as is unfortunately

Anti-suit injunctions and the Indian judiciary

03 Oct 2020 06:28 AM IST

Increase in transport and communication services across the globe has led to rapid growth of trade and commerce between nations. The rise in international commercial transactions has led to a significant rise in disputes. As a result, there is a need for an effective and unified dispute resolution system which

Why Mahatma Gandhi continues to be relevant in the present-day world

02 Oct 2020 05:18 AM IST

Gandhi’s concept of non-violence could not be more relevant than in the present times. Realist paradigm for long have dominated international politics which states that international politics is characterised by anarchy and in this anarchical situation states compete with each other for power, markets and influence.

Free speech and its impact on policymaking

02 Oct 2020 05:11 AM IST

In a monarchy, the source of public morality depends on the conception of monarchy itself in a given society. For instance, in some societies, the monarch was seen as an earthly representative of the divine whose authority was recognised and sanctioned by the clergy, and in a few other societies