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News and developments

NAVIGATING FUND MANAGEMENT REGULATIONS – SEBI AND IFSCA

Alternative Investment Funds (AIFs) have become crucial mechanisms for directing investments into emerging sectors such as startups, infrastructure, and private equity.
18 December 2024

RBI’s Clarifications on Digital Lending Guidelines: An Analytical Review

This Article discusses the existing Indian fintech ecosystem and its growing concerns that led the Reserve Bank of India (RBI) to issue Guidelines on Digital Lending (Guidelines) in September 2022[1] to bring the burgeoning segment under proper regulation.
03 December 2024

STRENGTHENING INDIA'S DEFENCE ECOSYSTEM: THE ROLE OF DTIS AND DEFENCE INDUSTRIAL CORRIDORS

Introduction: India’s defence and aerospace sectors have emerged as critical areas of focus under the Make in India initiative,
05 November 2024

Indigenization and Self-Reliance in Defence Procurement: A Legal Analysis of the Defence Acquisition Procedure 2020

Introduction India's national security environment, shaped by its strategic geography and complex geopolitical relations, necessitates a vigorous defence mechanism.
05 November 2024

A Maze No More: A Guide to Navigate Licensing Royalties and Relevant Market Concerns in India’s IP Playground

The vibrant world of intellectual property (IP) thrives on collaboration. Licensing agreements act as gateways, allowing companies to unlock the value of their creations—patented technologies, copyrighted works, or trademarks—by granting permission to others to use them.
21 May 2024

BALANCING THE GRANT OF INTERIM RELIEFS IN DEFAMATION SUITS: RIGHT OF REPUTATION AND PRIVACY VIS-À-VIS FREEDOM OF SPEECH AND PUBLIC’S RIGHT TO KNOW.

The recent order dated 22nd March 2024[1] (hereinafter referred to as “Judgement”) passed by the Hon’ble Supreme Court of India in the case titled “Bloomberg Television Production Services India Private Limited & Ors. vs. Zee Entertainment Enterprises Limited”,
04 April 2024
TMT

LEGAL CHALLENGES OF AI BIAS IN INDIA: ADDRESSING THE ISSUE OF FAIRNESS AND DISCRIMINATION

Artificial Intelligence (“AI”) is becoming a prevalent technology in India with widespread application in industries such as healthcare, banking, transportation, etc. However, as AI is increasingly used in decision-making, the possibility of AI bias is a growing concern. This transpires when AI algorithms produce systematically biased findings towards specific groups or individuals, potentially impacting fairness and discrimination more particularly in employment, lending, and criminal justice. As AI’s impact on disadvantaged groups could be catastrophic, it is essential to understand legal issues and create frameworks to address them in order to nip the discrimination in the bud. This article attempts to explore such legal issues and address the potential remedies to mitigate the impact of AI bias on fairness and discrimination in India.
12 April 2023
White Collar Crime

PREVENTION OF MONEY LAUNDERING (MAINTENANCE OF RECORDS) AMENDMENT RULES, 2023

The Prevention of Money Laundering Act, 2002 (PMLA) is a crucial legislation in India aimed at preventing money laundering and terrorist financing. The PMLA mandates financial institutions, banking companies, and intermediaries to maintain records of their client’s transactions and conduct due diligence to prevent money laundering. On 7th March 2023, the Ministry of Finance, Department of Revenue, Government of India introduced the Prevention of Money Laundering (Maintenance of Records) Amendment Rules, 2023[1], to enhance the existing rules and regulations on client due diligence and record keeping.
28 March 2023
TMT

THE ETHICAL IMPLICATIONS OF AI IN THE INDIAN LEGAL SYSTEM: ACCOUNTABILITY AND TRANSPARENCY

While Artificial intelligence (“AI”) has the potential to dramatically transform numerous aspects of Indian society, ranging from healthcare, education, and law enforcement to transportation and agriculture, there are numerous ethical challenges and implications that its use throws up, which need to be carefully considered and addressed. AI uses algorithms to execute jobs that would normally necessitate human decision-making, learning skills, expertise, and other forms of intelligence and mimic human intelligence and behavior. Here we try to analyze the usage of AI in the Indian legal system and its implications.
28 March 2023
Wills

Wills in India- Essential Elements and Legal Requirements

“Will” refers to a legal document or declaration that a person during his lifetime makes in order to plan the distribution of his assets and properties in a way he wants. Writing a will as an instrument enables the heirs and survivors of the deceased to inherit the property in the way the deceased wanted. Wills in India help complex family structures divide the property amicably without disputes and the need for litigation. Wills in India are legal documents and have no such strict requirement of a set format. Writing a will can even be done on plain paper without registration or even a handwritten document can be termed as a will.
07 March 2023
Compliance

Business setup in Special Economic Zones (SEZ) in India

A Special Economic Zone (SEZ) refers to an allocated and demarcated geographical area wherein the government has taken steps to liberalize the mercantile, business, and trade laws in order to encourage business activity and separate it from different parts of the country.
07 March 2023
Acquisition Finance

RISE OF VENTURE DEBT FINANCING IN INDIA

India’s fast expanding economy and democratically-run government that has accepted reforms has led to institutional investors investing in India. While venture debt funding is a well-known idea in Silicon Valley, it has only lately emerged as a practical choice for startup businesses in India and currently a rise in the Venture debt financing in India is observed. A financier will make a direct loan of funds to a startup company in need of growth capital.
07 March 2023
Compliance

Complying with Indian Legal Metrology laws

India has a well-established legal metrology framework that regulates the measurements and weights of products sold in the country. The Legal Metrology Act, 2009, defines Legal Metrology under section 2(g) “as that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements;” and the Legal Metrology (Packaged Commodities) Rules, 2011, are the primary legislations that govern legal metrology in India. To ensure compliance with Indian Legal Metrology Laws.
14 March 2023
Cryptocurrency

IMPLICATIONS OF THE DIGITAL RUPEE ON CRYPTOCURRENCY IN INDIA

Virtual currencies have always been tightly restricted, if not outright prohibited, in India. The Reserve Bank of India (“RBI”) has consistently opposed the use of “private virtual currencies” due to their uncontrollability. Illicit black-market transactions and shadow economies are feasible because the RBI has no control over who or how much cryptocurrency is transported where. However, the benefits of cryptocurrency outnumber the traditional currency, the RBI also intends to maximize these benefits, particularly in the current economic situation, where digital payments are growing more common.
25 January 2023
Commercial

Commercial Lease Agreements in India

A commercial lease agreement (“Agreement”) is an instrument and a contract executed between the owner (“Lessor”) of an immovable property (“Property”) for lease and the entity/individual (“Lessee”) desirous to lease (acquire possession) the Property for commercial purposes. This Agreement records the terms and conditions which bind the parties to the transaction and are mutually agreed upon between them. Usually, such an Agreement is formulated by the Lessor and therefore, may stand one-sided and against the interests and protection of the Lessee. A Lessee is recommended to always peruse the terms and conditions of the Agreement prior to its execution, and must be aware of every clause and provision, and its interpretation. It is advisable that the Lessee may consult with lawyers and advocates from the real estate domain, to have a thorough interpretation and knowledge of the terms and conditions outlined in the Agreement to safeguard their interests and enjoy the possession of the Property without any demur and/or issues for the period of the term of the Agreement.
25 January 2023
Employment

REDUCTION IN WORKFORCE– INDIAN LEGAL FRAMEWORK AND ALTERNATIVE ARRANGEMENTS

Large corporations around the globe such as Twitter, Meta, Amazon etc., are reported to have laid off employees for various reasons and workforce everywhere is going through a phase of uncertainty, and India is no different. In common parlance, ‘lay-off’ is generally referred to reduction in workforce or downsizing.
30 November 2022