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Featured in this section are a selection of articles on various topics, both of legal and non-legal nature.
  • LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

    Sara Suresh Associate, Surana & Surana International Attorneys On September 21, 2022, the Department of Telecommunication under the Ministry of Communication released the Draft Indian Telecommunication Bill, 2022 along with an explanatory note into the public domain for the people and the stakeholders to accord their comments. The Bill intends to consolidate the existing legal framework of telecom industry in order to make them future-ready to keep up with the innovations and technological advancements in the sector. Primarily, the Bill seeks to repeal the three existing laws – the age o...

  • 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...

  • Pre-Packaged Insolvency Resolution Process – The JOURNEY thus far

    Ms.Chinna Aswathy Abraham Associate, Litigation & Arbitration Practice Business rescue is commonly achieved by sale of the company’s assets while keeping it a going concern, in an attempt to generate more value, as opposed to selling the assets in piecemeal. This is precisely what a pre-packaged insolvency resolution mechanism seeks to achieve. In a pre-pack, “a troubled company and its creditors negotiate an agreement prior to statutory administration procedures, which allows these statutory procedures to be carried out at greater speed.”(1) “It is commonly seen as a hybrid method...

  • Virtual Private Network

    Virtual Private Network or VPN allows people to browse securely via an array of encrypted services that allow masking of individual identities. Users gain access to websites that are banned or those that are available in specific countries. VPN allows two or more networks to connect. Companies can allow access to their servers by their employees to work remotely using unsecured or public internet connectivity. The VPN network is completely off radar from the internet. Businesses, government organisations, military make use of them to send and receive confidential information securely. For exam...

  • Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

    The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)also known as the ‘New York Arbitration Convention’ was adopted with the aim of harmonising the process for the recognition and enforcement of foreign arbitral awards and for referral by a court to arbitration. However, in spite of its large scale success, the harmonization process has not been completed, because various jurisdictions apply and interpret the New York Convention differently....

  • The brutalities of ransomware attacks – Safeguarding your business from cyber attacks

    A ransomware attack is one of more predominant forms of criminal business models designed to extort money by injecting threats into their computers and other digital systems....

  • The Smart Hijack – Unimaginable Threats from Smart Devices

    There is no doubt that there are many advantages of Artificial Intelligence and IoT enabled smart devices. Technical advancements in facial recognition, voice recognition, automatic content recognition are adding newer dynamics to entertainment, household, and lifestyle. However, the smart devices are vulnerable to a plethora of cyber security threats that can be extremely scary....

  • CONSTITUTIONAL TORT

    A constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. Through this article, we shall discuss the different facets of constitutional tort and how our judiciary has treated the same....

  • CAREER OPPORTUNITIES FOR LAW GRADUATES

    A profession in law is considered highly august and financially productive. Conventionally, after graduation, a law student was expected to practice litigation. A litigator or an advocate hears and defends the cause of his/her client in the court. However, in the course of time, the career possibilities of law grew extensively. An individual can now become a patent attorney, public prosecutor, legal journalist and so on....

  • THE IMPORTANCE OF RESEARCH IN LEGAL PRACTICE

    Legal research and writing in my opinion are the backbone of a good lawyer. Here, writing would mean communication. Communication can be in written, oral and nowadays, even in video form. Hence, as legal practitioners it is crucial that we are thorough on the basics of legal research and legal writing, or as one would say, communication....

  • THE SKILL OF LEGAL WRITING

    A legal document, regardless of whether it is a plaint, affidavit or contract serves two purposes - informing and engaging both the client and the court about the legal issue. It is essential for lawyers and judges to draft all legal documents with clarity, such that the essential facts are conveyed even to a layman who may be reading it....

  • Regulatory Moves on Digital Media

    The new IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have given rise to a political space where the Right and the Liberals unite, but only momentarily. ...

  • Quia Timet Action – Meaning and judicial developments regarding its scope

    Owners of intellectual property (Trademarks, Copyright, Patent, Designs, etc.) must always be alert and ensure that their rights are not violated by any third party. Any form of intellectual property would be an asset and hold great commercial value to its owner in today’s competitive business environment. ...

  • The new face of cybercrime beyond 2021

    The Indian laws were inadequate for issues relating to Cyber, AI, Cloud and Bigdata and there is a dire need to have standard frameworks that will assist stakeholders in the country in scenarios of cyber-attacks, ransomware and malware. Educating the consumers about ensuring their safety and privacy while using these developments, is essential....

  • A vision for ‘Intelligence-led policing’ in India

    How should the police force operate? Is the traditional policing approach redundant today? What capabilities can the modern world police adopt to achieve operational goals?...

  • FARM BILLS, 2020: AN ANALYSIS

    Introduction The Indian Parliament during its monsoon session culminating on 23 September passed three highly contentious bills, currently awaiting the President’s signoff, amidst uproar from opposition party leaders and farmers groups. These bills were intended to replace ordinances promulgated on 5th June 2020 The three bills introduced were: The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 The Essential Commodities (Amendment) Bill, 2020 The passage of these ...

  • Taipei Economic & Cultural Center, Chennai appoints Dr. Vinod Surana as Hon. Legal Advisor

    At an august ceremony held on March 17, 2021 in the Surana & Surana Auditorium within the firm’s office premises, the Director-General of Taipei Economic and Cultural Center (TECC), Chennai (Taiwanese Consulate), Mr Ben Wang handed over the letter of appointment to Dr Vinod Surana as the Hon. Legal Advisor to provide comprehensive legal and tax advisory services to assist Taiwanese investors in South India.  “We are happy to be associated with his firm Surana & Surana International Attorneys who have provided us stellar service for our Centre and have facilitated the establish...

  • Surana & Surana Knowledge Series seminar organised by Surana & Surana International Attorneys on The New Tamil Nadu Industrial Policy 2021 & MSME Policy 2021.

    Surana & Surana International Attorneys held their first live seminar under the Knowledge Series, on “The New Industrial Policy 2021” and “MSME Policy 2021” for the state of Tamil Nadu, on February 27, 2021. Presented by the firm’s Partner Sanjay Mehta who analysed the various salient features of the two policies, the session was followed by individual takes on the policy by Mr. S. Rajasekaran, National President, NIQR,  President, SIPCOT Irungattukottai Manufacturers Association (SIMA) & Managing Director, Infant Engineers Pvt Ltd; Mr. K.&...

  • PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION

    BY Dr. Vinod Surana Introduction A family constitution is a charter that documents the values and principles of a family business. The contents of a family constitution underline the values and principles of the business while also providing reference points for decision-making concerning ownership and management. Since no family has the same composition or structure, a family constitution will vastly differ. Even in terms of conflict resolution, a family constitution will address the tribulations that that particular business can possibly take as per its past history. Merely having a family c...

  • E-Voting: It Is Time To Press For Internet Voting In Elections

    By Dr. Vinod Surana Living in the age of artificial intelligence, automation, and instant communications, it is a natural progression to increasingly implement technology in the democratic processes. India, one of the largest democracies in the world, has already illustrated how efficient and equitable elections can be carried out with Electronic Voting Machines (EVMs).  India is among the ten countries in Asia and South America that uses EVMs in elections, as do big democracies such as Brazil and the Philippines; however, the majority of Western democracies have shunned the use of EVMs. ...

  • The new Indian Data Privacy Bill & its impact on business

    By Dr. Vinod Surana Data collection Data is a collection of names, numbers, dates, measurements formatted to be machine readable. Data is responsible for boosting a company’s revenue, building target audience as well as modifying their products or services to meet demands. Several sources predict exponential growth where size of data doubles every two years. The growth rate has multiplied from two zettabytes in 2010 to 59 zettabytes in 2020. It is forecasted to go beyond 149 zettabytes in the next four years (Statista, 2020). Organisations collect data from customers in several ways, and the...

  • Governance in family business during COVID-19

    By Dr. Vinod Surana With a looming pandemic that is leading economies to lean towards a K-shape recovery, it is apparent that the brunt of the economic crisis is being felt differently across different businesses and industries. A category of business going through unique changes is the family business. Extremely intriguing data points towards the fact that multigenerational family businesses are experiencing the pandemic differently as compared to those in non-family businesses. ‘Banyan Global’, a family business advisory firm surveyed over 190 families from 20 countries across different ...

  • LITIGATION FUNDING

    By Dr Vinod Surana What is Litigation Funding? Litigation Funding, commonly referred to as Third-Party Funding (TPF), refers to the process of covering a party’s litigation expenses by a funder in return, for a share in the litigation’s monetary award. Litigation funding can cover the costs of any kind of dispute resolution process, whether it is conventional legal proceedings, arbitration and/or mediation. Under Litigation Funding, all or part of the costs borne by one of the parties to the arbitral proceedings is funded by an individual who is not a party to a dispute and the lit...

  • First response: Computer Forensics

    By Dr. Vinod Surana In the electronic era, information is left behind as digital footprints in the cyberspace. The trail of digital evidence is searched, identified and analyzed to link and reconstruct the chain of events. Forensic Investigation of cybercrime cases are complex and depends on evidence identified, recovered and reasoning. The first responder is the first person to arrive at the scene and can even be a complainant to the crime. Once the physical boundaries or electronic scope of the crime are identified, the role of the first responder is to protect the scene and the devices (ex:...

  • PR Strategies For High Profile Litigations

    By Dr. Vinod Surana PR Strategies For High Profile Litigations Introduction The recent clamour around the Sushant Singh Rajput case has shown how and why does managing the public and the media matter in high profile litigation cases. The lawyers from both sides have incessantly given interviews to the media and have opined in a number of platforms including social media outlets regarding their take on the case. Such an active involvement by lawyers in high-profile litigations is required in order to prevent circulation of fake news or the formulation of an adverse public opinion. Speed is the ...

  • Big Data, Law & Regulating Big Data

    By Dr. Vinod Surana The term “Big Data” has been labelled amongst other things as a buzzword or a new-age “marketing term”[i], but a reading of the World Economic Forum’s write up on Big Data clarifies that Big Data is not a “new or isolated phenomenon”, but another phase (albeit a rather crucial phase that will change the way businesses and society functions) in a long evolution of how data is captured and used[ii]. But first, what is Big Data? Simply put, Big Data refers to very large and often complex sets of data that are so large in size......

  • Corruption and Judiciary

    By Dr. Vinod Surana  Andhra Pradesh Chief Minister YS Jaganmohan Reddy takes the judiciary head on, saying it was obstructing his functioning at the behest of his predecessor, who was operating levers with the help of a sitting Supreme Court judge. Insinuations, and even allegations of corruption in the higher echelons of the judiciary are always talked about in hushed tones. The common man still retains faith and trust in this pillar of democracy. The legal fraternity, though, has a better understanding of its functioning at different levels and is not unaware of the malice of corruption...

  • Digital Forensic Investigation Capabilities for first responders

    By Dr. Vinod Surana Prevention and Response Checklist for Victims and Investigation Agencies Introduction to Digital Forensic A Singapore based cyber research firm has alerted the Indian cyber agencies about a massive cyber-attack by a Chinese hacking group from June 21, 2020 onwards (Mirror now, 2020). The targets are believed to be ministries, firms, IT sectors and media houses in Delhi, Kolkata, Ahmedabad, Mumbai and Hyderabad. A splurged movement on the dark web, manifesting an increase in aggression by these attackers are noticed post the geopolitical clashes in Galwan at the Ladakh borde...