29 செப்டம்பர்

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CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

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T.G Niranjana - Associate, Dispute Resolution Practice Brief facts: A complaint under original jurisdiction was filed before the NCDRC seeking return of deposit from the Opposite Parties. In the said case, the Opposite Parties did not file their Written Version within the statutory timeline prescribed. While so, at the time of hearing final arguments, the Opposite Parties entered appearance through an advocate and sought an adjournment to make final arguments in the case. The NCDRC rejected the said request on the ground that the Written Version was not filed within the statutory period. The NCDRC allowed the complaint by hearing only the Complainant...

20 செப்டம்பர்

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REPEALING OF THE SEDITION LAW – DECODED

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Ranjith Kumar - Associate, Dispute Resolution Practice In a rather brave attempt to reorganize and decolonise the criminal justice system of India, Union Home Minister Amit Shah had proposed the introduction of the three new criminal bills, that would go on to replace the existing criminal majors in India, during the monsoon session of the Parliament. In this proposal, he listed out the new bills that would supposedly reinvent India’s justice system and they are; the Bharatiya Nyaya Sanhita (replacing the Indian Penal Code, 1860), the Bharatiya Nagarik Suraksha Sanhita (replacing the Code of Criminal Procedure, 1973), and the Bharatiya Sakshya...

19 செப்டம்பர்

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CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

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CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

Arvind Ramesh, Associate - Real Estate, Infrastructure, Corporate Practice In India - Cinema, its exhibition and certification are governed by the Cinematograph Act, 1952 (“Act”) and the rules laid down under the Act. Recently, the Union Government had brought into force an amendment to the Act, harmonising the Act with existing laws and introduced new provisions for combating piracy. The amendment titled “the Cinematograph (Amendment) Act, 2023” (“Amendment Act”) received the President’s assent on the 04th of August 2023 and was published in the Gazette on the event date. New Changes: 1. New Movie Certifications: Prior to the amendment, Films, or movies in common parlance,...

16 ஆகஸ்ட்

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REGISTRATION UNDER THE TAMILNADU REGULATIONS OF RIGHTS & RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT, 2017

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Arivan V P, Associate, Dispute Resolution Practice INTRODUCTION The Tamil Nadu Regulation of Rights & Responsibilities of Landlords and Tenants Act, 2017, (hereinafter “The Act”), on the lines of the Model Tenancy Act framed by the Government of India, notified in the in the Gazette on 22.02.2019 has been enacted with the intent to ensure regulation of rights of both the Landlords and Tenants equitably and to create a dispute resolution mechanism that is speedy and hassle free. Under the Act, the landlord and tenant are bound strictly as per the terms and conditions of the Tenancy Agreement executed by them. The...

31 ஜூலை

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COMPLIANCE VS CHAOS: RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT LEAD TO UNEXPECTED COMPLIANCE WOES

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RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT

K. Anupriya Consultant - Corporate Compliance The integrity of the global financial system and societal well-being are recently being seriously threatened by the acts of money laundering, financing of terrorism, and the spread of weapons of mass destruction. The Financial Action Task Force (FATF), founded in 1989, plays a significant role in establishing global standards and implementing practical solutions to stop these illegal acts. The Prevention of Money Laundering Act (PMLA), which India passed in 2002 in accordance with the FATF's recommendations, is a key piece of legislation that guides the nation's efforts to combat money laundering and other associated financial crimes. ...

29 ஜூன்

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Decoding Digital India Act: A critical analysis of India’s proposed legislative framework for the digital era

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Aiswarya YK, Associate, Dispute Resolution practice Introduction: The digital landscape is rapidly evolving, necessitating the establishment of comprehensive legal frameworks to safeguard the rights and interests of individuals and entities. The proposed Digital India Act aims to address the emerging challenges of the digital age, providing a regulatory framework for various aspects of cyberspace. In this article, we will critically analyse the proposed act, examining its inclusions, exclusions, regulations, and the potential impact it may have on the market and intermediaries. On March 9, 2023, representatives from the legal and technology industries, among others, were invited to a consultation hosted by the Ministry of...

21 ஜூன்

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SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

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SEVERING THE OLD FROM THE NEW - INDIA’S TRYST WITH SEVERABILITY

Ayushman Somani Student Intern, Dispute Resolution Practice Introduction Of the many principles that have been used to enforce arbitration awards in a more equitable manner in the last decade, few have proven to be as practical and effective as the ‘Doctrine of Severability’. This principal provides a middle-ground to an enforcing court by allowing it to only enforce that part of the award deemed to be free of certain encumbrances, thereby maintaining the sanctity of arbitration while ensuring an equitable award is enforced. Proposed originally as the ‘Doctrine of Blue Pencil’, the Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd. (1) case decided...

30 மே

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Issues with Repeat Appointments of Statutory Arbitrators

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Issues with Repeat Appointments of Statutory Arbitrators

Arunima Das A. Introduction: Repeat appointments of arbitrators refer to the appointment of an arbitrator for multiple arbitration proceedings. It ordinarily involves the same arbitrator being repeatedly chosen by a single party or counsel for various cases. In the context of statutory arbitrations, arbitrators are appointed by statutory bodies, rather than by the parties themselves. Consequently, when a sole arbitrator is appointed by a statutory body, for cases with the same subject matter and involving a common party, it can also be considered a form of repeat appointment within statutory arbitrations. Although this definition may be subject to debate, this article assumes...

17 மார்ச்

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Legal remedies in case of fraudulent credit card transactions

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Legal remedies in case of fraudulent credit card transactions

Niranjana T G, Associate, Dispute Prevention & Resolution Practice As the popular saying by Eckhart Tolle goes, ‘Awareness is the greatest agent of change’, it is vital in today’s technology-driven world to know about various kinds of cybercrimes that we could possibly be exposed to and the legal remedies available for the same. In this article, the author intends to discuss about one particular kind of cybercrime - credit card fraud and the legal solutions. Fraudulent credit card transactions may happen due to multiple reasons notably due to hacking, phishing[1] or the card being stolen. In such cases, a third party fraud...

11 பிப்ரவரி

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The FIFA IP Law : Qatar’s Ticket To A Booming Economy

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Chinna Aswathy Abraham, Associate, Dispute Prevention and Resolution Practice S. Nagarjun, Student Intern Introduction: Organizing and staging a global sporting event is no small feat. The strategic use of trademarks and other commercial rights helps generate the revenue streams required to fund such events (1).With the increasing commercialisation of sports, large corporations and brands are keen on enhancing the fan experience by making sporting events accessible to every household, be it in the form of live broadcasting of these events or by way of sports merchandising. The Federation Internationale De Football Association (FIFA) World Cup is the world's largest single-sport event and the World...

01 பிப்ரவரி

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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

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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 old British era Indian Telegraph Act, 1885; Indian Wireless Telegraph Act, 1933 and...

30 செப்டம்பர்

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

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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 the Mahatma Gandhi National Rural Employment Guarantee Act (‘MGNREGA’), the Integrated Watershed Management Programme, Per Drop...

19 செப்டம்பர்

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

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DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS

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, 2019,(hereinafter referred to as ‘the Act’), the District Commissions are empowered to...

10 செப்டம்பர்

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BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

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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 implied consent of the third party to be bound by the arbitration agreement....

09 செப்டம்பர்

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

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The Baffling Case of Infosys Non-Compete Clause

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 remained inactive and dormant over the issue for quite some months. In this article, let’s break down...

11 ஆகஸ்ட்

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

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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 regulates the entire medical supply industry in India. Amendments or replacement of this law are needed to adequately address the...

11 ஆகஸ்ட்

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

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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 also areas that needed clarity. In January this year, in Angre Port Pvt Ltd v. TAG 15 &...

08 ஜூலை

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Resolution of Legal Issues in Metaverse

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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 overlap of our social and digital lives in...

05 ஜூலை

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RIGHT TO BE FORGOTTEN

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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 account details, or data of violations and criminal convictions. There are...

04 ஏப்ரல்

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

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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 Industrial Relations Code and (iv) The Occupational Safety, Health and Working...

25 ஜனவரி

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Rethinking Employment Contracts in the Era of Remote Working

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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 working agreements Traditional employment agreements inter alia, specify the nature of the job, location,...

12 ஜனவரி

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Pre-Packaged Insolvency Resolution Process – The JOURNEY thus far

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PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS

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 of corporate rescue, as it combines the advantages of private restructuring with some...

08 டிசம்பர்

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Virtual Private Network

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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 example, if one has a VPN connection on their home...

01 அக்டோபர்

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

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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....

24 செப்டம்பர்

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

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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....

07 செப்டம்பர்

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The Smart Hijack – Unimaginable Threats from Smart Devices

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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....

27 ஆகஸ்ட்

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CONSTITUTIONAL TORT

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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....

24 ஆகஸ்ட்

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CAREER OPPORTUNITIES FOR LAW GRADUATES

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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....

11 ஆகஸ்ட்

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THE IMPORTANCE OF RESEARCH IN LEGAL PRACTICE

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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....

11 ஆகஸ்ட்

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THE SKILL OF LEGAL WRITING

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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....

28 ஜூலை

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Regulatory Moves on Digital Media

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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. ...

09 ஜூலை

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Quia Timet Action – Meaning and judicial developments regarding its scope

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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. ...

07 ஜூலை

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The new face of cybercrime beyond 2021

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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....

06 ஜூலை

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A vision for ‘Intelligence-led policing’ in India

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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?...

27 மார்ச்

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FARM BILLS, 2020: AN ANALYSIS

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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, 2020The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020The Essential Commodities (Amendment) Bill, 2020 The passage of these Bills, has led to a huge uproar in the country. While, those supporting the Farm Bills are arguing that this is a historic...

19 மார்ச்

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

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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 establishment of several of our country’s business enterprises in...

11 மார்ச்

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

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https://www.youtube.com/embed/WkydMRZlw1c 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. Suresh, President & CEO, India Cements Capital Ltd & President Elect, Hindustan Chamber of Commerce; Ms. Chitra Alai, General Manager, SIDBI; Mr....

11 பிப்ரவரி

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PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION

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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 constitution in place, does not mean there will be an answer to every...

11 பிப்ரவரி

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

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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. Many nations in North America and Europe have either discarded or...

30 டிசம்பர்

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The new Indian Data Privacy Bill & its impact on business

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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 data obtained contains personal identifying information...

24 டிசம்பர்

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Governance in family business during COVID-19

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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 industries. Majority of the companies surveyed stated that they are negatively impacted by the...

21 டிசம்பர்

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LITIGATION FUNDING

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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 litigation proceedings resulting therefrom. If the...

16 டிசம்பர்

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First response: Computer Forensics

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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: in a...

25 நவம்பர்

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PR Strategies For High Profile Litigations

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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 key. One should have their...

25 நவம்பர்

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Big Data, Law & Regulating Big Data

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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 that conventional software...

25 நவம்பர்

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Corruption and Judiciary

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law and order lady justice Justitia blindfolded and holding a balance and a sword interrnational attorneys litigations and law firms, indian corruption,Corruption and legal india 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 that has crept into the justice...

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Digital Forensic Investigation Capabilities for first responders

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digital forensic investigation, fingerprint, keyboard

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 border. India’s Computer Emergency Response Team (CERT-In) has unfurled red flags against...

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