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  • THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS

    Chinna Aswathy Abraham Associate, Dispute Prevention & Resolution “Geo-tagging refers to the process of adding geographical identification like latitude and longitude to an asset. The information included in a geo-tag may include place co-ordinates, bearings, altitude, distances, or even place names.”(1) This helps users access location specific information about an asset at the click of a few buttons, without having to physically travel to the said location. The Indian government has been using geo-tags to monitor assets in several of its national rural development programmes- such as...

  • DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS WHILE EXERCISING REVISIONAL JURISDICTION?

    T.G Niranjana, Associate, Dispute Prevention & Resolution It has been settled by a catena of judgments that the District Consumer Dispute Redressal Commissions do not have the power to set aside the ex-parte orders passed by them. The current trend to ‘overcome this difficulty’ is to file a Revision Petition before the State Consumer Dispute Redressal Commissions seeking to set aside the ex-parte orders passed by the District Commission. However, are such Revision Petitions maintainable in law? Power to set ex-parte: According to section 38(3)(b)(ii) of the Consumer Protection Act, 201...

  • BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

    Shweta Surana, Assessment Intern INTRODUCTION One of the most fundamental cornerstones of arbitration is consent.  It is by virtue of this unique characteristic of arbitration, that only those parties which consented to the arbitration agreement can be bound by the agreement and the resulting arbitral award.  However, like all things go, there exists an exception for this principle as well.   Sometimes, there are certain disputes that cannot be resolved without involving a third party to the arbitration.  At times like this, it is crucial to decipher whether there exists im...

  • The Baffling Case of Infosys Non-Compete Clause: A critical analysis

    SARA SURESH, Associate, RE & Corporate During the month of April 2022, there were extensive discussions over the legality and enforceability of Non-Compete clauses among the IT workforce. Media Reports stipulates that the IT giant corporation, Infosys, had been summoned by both the Central Labour Commissioner and Karnataka Labour Department over the incorporation of Non-Compete clauses in their Employment Agreement.  According to the media reports, Infosys has been working with both the Central and State Government with regard to their Non-Compete issue.  Howbeit, the media has r...

  • The need to regulate E-Pharmacies in India- Necessary checks for a booming industry

    Adithya Narayan Student Intern, Dispute Prevention & Resolution INTRODUCTION Over the last few decades, there has been a significant increase in the digital commercialization of goods and services. “E-Pharmacies” have entered the race during the Covid-19 lockdown and the need for medications has fueled their growth.  As a result of this transformation, nearly everything, including medicines and medical tests, has become available at one’s fingertips via e-commerce portals in recent years. The Drugs and Cosmetics Act, 1940 (‘D&C Act’) (80 years old) still regulate...

  • The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?

    Chinna Aswathy Abraham Associate, Dispute Prevention and Resolution The intersection between admiralty laws and insolvency laws has been making waves for the last many years With respect to India, questions arose as to the jurisdictions of the courts- while admiralty jurisdiction generally exercised by the High Courts, the National Company Law Tribunals (‘NCLT’) exercise jurisdiction over the subject of corporate insolvencies. The operation of moratorium over admiralty suits and the treatment of these plaintiffs as creditors under the Insolvency & Bankruptcy Code (‘IBC, 2016’) were...

  • Resolution of Legal Issues in Metaverse

    At the end of October, at Connect 2021, Mark Zuckerberg relaunched Facebook as Meta in October 2021, in quest of the metaverse. The once-loved concept of a virtual world parallel to the actual world has now been mainstreamed by the internet giant’s makeover. Gradually, the metaverse is becoming a part of our lives, with millions of users spending several hours a day in virtual social spaces like Roblox, and more individuals gravitating toward digital ownership of non-fungible tokens (NFTs) and cryptocurrencies. With rapidly developing online networks, the metaverse aims to improve the ov...

  • RIGHT TO BE FORGOTTEN

    Can one be forgotten from the internet? The need In the hyper connected nature of the web today, personal information about anyone can be easily obtained within a few clicks on the internet. Personal Identifiable Information (PII) refers to any data that can distinguish a living individual uniquely or can trace it back to them. Name, identification number like Aadhar or Pan number, address, mother’s maiden name or social media identifiers constitute PII primarily. It may also include news articles indexed with the search engines like Google, financial information like credit card, bank accou...

  • WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED?

    M. DarshikaAssociate Introduction: Over the years, for governing and regulating the labor and employment regimes, several labor laws were implemented in our country.  This multiplicity of labor laws had resulted in several distinct compliances thereby making it very onerous for businesses to adhere to them.  In order to simplify, restructure and modernize the labor regime to suit the current state of labor affairs, the Central Government had subsumed 29 existing labor legislations into four new Labor Codes viz., (i) The Code on Wages, (ii) The Code on Social Security, (iii) The Indus...

  • Rethinking Employment Contracts in the Era of Remote Working

    Remote work is here to stay.  Our understanding of the traditional employer-employee relationship is gradually becoming altered.  In this evolving world, would the traditional employer- employee contract still be relevant?  If not, then what are the key issues that need to be pondered upon to customise employment agreements to suit the present day needs of remote / hybrid working.  Through this post, we attempt to explore how employment contracts need to be re-thought and re-purposed in this era of remote / hybrid working. Traditional Employment Agreements vis-à-vis Remote...