Legally Speaking

Fault lines in the Indian criminal justice system

01 Aug 2020 06:22 AM IST

“Injustice anywhere is a threat to justice everywhere”. -Martin Luthar King Jr. “Law should not sit limply, while those who defy it go free and those who seek its protection lose hope”. (Jennison v. Baker (1972) 1 All ER 997). The sovereign power of the Indian State is never felt

The places of Worship Act 1991, decoloniality and indigenous rights

31 Jul 2020 06:18 AM IST

In all the years that the issue has been hotly debated in independent Bharat, it has been typically approached through the lens of ‘communal politics’, especially by those who have believed and continue to believe that the reconstruction of the Ram temple would cause fissures in the secular fabric of

‘Covid’ or ‘Corona’: Can they be trademarks for pharmaceutical industry?

31 Jul 2020 06:18 AM IST

The pandemic, an unprecedented crisis, has turned out to be a business opportunity for the pharmaceutical industry, with the industry reaping benefits from its Intellectual Property. There has been a plethora of Trademark and Patent Applications being filed around the world for the formative names of the virus, also widely

The rigmaroles of deal making during Covid-19

30 Jul 2020 06:33 AM IST

Trends show that a number of businesses are facing challenges related to cash flows and investors are looking for assets at attractive valuations.

Tax litigation in India

29 Jul 2020 06:04 AM IST

As per the litigation trend in courts, it appears that the government is adamant to pursue several litigations pertaining to transitional credit. Despite a settled position in law that credit is a vested right, there are several restrictions imposed on its transition, including restriction to transition cesses, imposition of timelines

Homebuyers under IBC: United they stand, divided they fall

28 Jul 2020 05:27 AM IST

“If you have to fight for what’s your own, you are either the Pandavas or an Indian homebuyer” What goes as a jovial proverb amidst the real estate lobby is an apt depiction of the never-ending ordeal of the homebuyers. The primary reason as to why an Indian homebuyer is

Competition law, digital world and search advertising

27 Jul 2020 06:10 AM IST

Introduction In our previous trend, we focused on the features of markets in the digital world with respect to high returns to scale and network externalities which went handin-hand with the rise in provision of free services. The exponential growth of this market is underscored by the fact that digital

Fugitive Economic Offenders Act, 2018 vis-à-vis extradition: A viewpoint

25 Jul 2020 06:40 AM IST

Analysing the Fugitive Economic Offenders Act, 2018 (FEO Act) with regards to extradition.

The deep-seated coloniality in the Indian legal system

24 Jul 2020 07:00 AM IST

Unfortunately, the dominant voices in Bharat, which ought to have been that of decoloniality, continue to behave like new converts who spout the virtues of the ‘Global Human Rights Compact’ in the name of advancing the cause of the oppressed and the socially marginalised, without realising that the very regime

Increase in settlement of disputes: The Covid-19 silver lining

24 Jul 2020 06:59 AM IST

COVID-19 pandemic has brought the Indian legal industry to a standstill. Even after the substantial reopening of the economy, Indian Courts and tribunals have continued to exhibit a cautious attitude by completely restricting physical functioning and functioning restrictively through virtual courts. Regrettably, with the COVID-19 cases on the rise, it

Court of Justice of European Union invalidates EU-US Privacy Shield

23 Jul 2020 06:14 AM IST

Is it time for companies to rethink their privacy policies because in case of Data Protection Commissioner V. (1) Facebook Ireland Ltd, (2) Maxmillian Schrems (C-311/18), popularly known as Schrems II, whereby the EU-US Privacy Shield Framework has been declared invalid?