Category: COVID-19

Company Law, Corporate Restructuring and Insolvency, COVID-19, Finance & Banking, Posts

PRIRP for MSME Sector: Revisiting the scope of resolution applicants Under Section 29A

In this post the author discusses the Pre-Packaged Insolvency Resolution Process (PRIRP) introduced recently by the government for MSMEs with a minimum default of Rs. 10 lakh and a maximum of Rs. 1 Crore. The author presents an analysis of the various statutes and legal provisions that come into play and suggests changes to facilitate the process for smoother insolvency resolution. Continue reading PRIRP for MSME Sector: Revisiting the scope of resolution applicants Under Section 29A

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Contract Law, COVID-19, Foreign Law, Posts

Whatsapp’s Privacy Policy Update: Tracing the Harm to Consumers

By: Ankita Biswas and Lavanya Jha INTRODUCTION The latest update to WhatsApp’s Privacy Policy was introduced in January, 2021, creating headlines as users expressed concerns about loss of their privacy. Following this WhatsApp clarified that with its feature of end-to-end encryption still intact, there will be no breach of user privacy and the changes were only with respect to WhatsApp’s business accounts.  However, the wording … Continue reading Whatsapp’s Privacy Policy Update: Tracing the Harm to Consumers

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Constitutional Law, COVID-19, Criminal Law, Posts

Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail

In this article, the authors discuss whether the government can force the citizens to give up their Fundamental Rights to avail a government benefit, in light of the recent Jharkhand High Court order which made it mandatory for an under-trial to download the Aarogya Setu Application in order to get a bail. Continue reading Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail

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Antitrust Law, COVID-19, Posts

An Analysis of the Indian Competition Law Regime During the COVID-19 Pandemic

In this post, the author draws an analysis of the safeguards which the competition law regime in India offers, in regard to the current situation of economic crisis, by comparing it with those offered in other jurisdictions. By doing so, he calls for the need for creating joint ventures among market players for mitigating the effect of the crisis. Continue reading An Analysis of the Indian Competition Law Regime During the COVID-19 Pandemic

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COVID-19, Medical Law, Posts

Ensuring Effective Implementation of Data Protection Laws to Secure Telemedicine: The Need of the Hour

In this post, the author attempts to analyse the current position with respect to the laws and policies concerning telemedicine and health-data protection in India. The author further examines the gap in the implementation and suggests the boosting up of telemedicine by ensuring the effective implementation of the data protection laws of our country. Continue reading Ensuring Effective Implementation of Data Protection Laws to Secure Telemedicine: The Need of the Hour

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COVID-19, Posts, Public Policy

Protection of Healthcare Personnel against Violence- A Wake-Up Call Amidst Crisis

In this post, the author stresses upon the need to legislate to ensure the safety of healthcare personnel from the instances of violence against them. Further, the author sheds light on the draft bill on Protection Against Healthcare Professionals, 2019, and how it could be beneficial in safeguarding the interests of healthcare personnel in these stressful and unprecedented times. Continue reading Protection of Healthcare Personnel against Violence- A Wake-Up Call Amidst Crisis

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Contract, COVID-19, Posts

Coronavirus: Answering the Legal Dilemma

In this post, the authors analyse whether the current pandemic situation qualifies as a force majeure event through various judgments and how it could lead to the frustration of contracts. They also write about what approach the courts should opt while hearing cases of breach of contract and suggests certain measures the government could take to provide relief Continue reading Coronavirus: Answering the Legal Dilemma

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Contract Law, COVID-19, Posts

Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

In this post, the author subjects to scrutiny the way in which the Indian legal system is dealing with the outbreak of the COVID-19 pandemic and using it as a focal point, explores the concepts of the impossibility to perform a contract as opposed to the non-performance of a contract based on contingent events. Further, an analysis into whether or not the pandemic should get classified as a Force Majeure under Indian law is also provided while also drawing parallels with China, the epicenter of the crisis. Continue reading Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

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