Category: Posts

Criminal Law, Posts

A Stand-Up Comedian and His Criminal Liability Owing to Jokes Insulting Religious Beliefs of a Community

In this article, the authors argue that the jokes of a stand-up comedian, made merely to entertain people cannot always be regarded to be of such nature which could qualify the ingredients of an offence of hurting religious sentiments defined under Indian Penal Code, 1860. With the help of judicial precedents, the authors identify different categories of blasphemy and identify the instances in the which a person be made liable, with a specific emphasis on stand-up comedy.
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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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Antitrust Law, Company Law, Contract Law, Information Technology, International Law, Posts

Time To Play Fair Vis-a-Vis Spotify vs Apple

In this post the authors discuss the recent investigation by the European Commission in the matter of Spotify v. Apple, which has resurfaced the issue of the dominance established by the few Big Technologies. Efforts made by the competition regulators in European Union, the United States, United Kingdom and India to reduce this Big Tech dominance have so far been abortive. This article delves into the unsolved ambiguities in this area in the backdrop of the Spotify v. Apple case. Continue reading Time To Play Fair Vis-a-Vis Spotify vs Apple

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Posts, RMLNLU International Legal Essay Competition

8th RMLNLU International Legal Essay Competition Winning Entries

The Journal Committee at Dr. Ram Manohar Lohiya National Law University, Lucknow, in collaboration with Regstreet Law Advisors, organised the 8th edition of the RMLNLU International Legal Essay Writing Competition (“RILEC”) along with RMLNLU-Regstreet Law Advisors Conference on Financial Regulatory Law on 14 March 2021. The subthemes for the competition included topics like – Regulatory Hurdles to the Growth of a Successful IFSC in India, Financial Regulations … Continue reading 8th RMLNLU International Legal Essay Competition Winning Entries

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Contract, Contract Law, Foreign Law, Posts

Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

The COVID-19 pandemic has reduced the ability of the leaseholders to utilise the leased property in an effective and profitable manner. However, the Indian courts have failed to grant any relief due to the archaic nature of doctrines of frustration, force majeure under the Transfer of Property Act, 1882 (‘TPA’). In this blog series the author critiques the nature and the inflexible approach of these doctrines under the TPA. The second post does a comparative analysis of the civil law jurisdictions and suggests the incorporation of a similar approach in order to better balance the interests of the lessor and the lessee in such circumstances. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

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Finance & Banking, Information Technology, Posts, Public Policy, Securities, Tax

Cryptocurrency in India: To ban or not to ban

By: Aman Kumar Yadav Introduction Cryptocurrencies are digital representations of value that can be stored and transferred digitally. Simply put, it is a type of digital currency or a medium of exchange just like the US dollar. They function autonomously, unencumbered by traditional banking and government oversight. Countries have repeatedly attempted to implement measures to regulate Cryptocurrency or ban it altogether. This article analyzes India’s … Continue reading Cryptocurrency in India: To ban or not to ban

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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, Human Rights, Public Policy

A Politicised Right to Education

By: Shomesh Srivastava “The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education.” –Martin Luther King Jr. Two incidents relating to syllabus cut made by Central Board of Secondary Education (CBSE) and the Assam Higher Secondary Education Council (hereinafter ‘AHSEC’) have raised two primary constitutional questions about the rights … Continue reading A Politicised Right to Education

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Information Technology, Posts

InsurTech: An Opportunity Riddled with Threats

By: Abhinav Gupta INTRODUCTION Innovation by way of technology is the key driver for the financial sector and now, even the insurance sector is no stranger to technology. The insurance industry is being greatly disrupted due to the rise in InsurTech startups (hereinafter ‘InsurTechs’). InsurTech is the integration of Insurance services and technology.  Although InsurTech is in its initial phase in India, it has moved … Continue reading InsurTech: An Opportunity Riddled with Threats

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International Law, Posts

Sea-Level Rise, Climate Refugees and Statelessness

By: Keshav Somani INTRODUCTION The sea-level rise poses a risk to the sovereignty and existence of island states such as Kiribati, Tuvalu, and the Marshall Islands. The threat of complete and permanent submersion could displace their entire population. Even before a threat of submersion is realised, slow on-set processes such as salinisation and land degradation will cause cross-border movement of individuals. In this regard, there … Continue reading Sea-Level Rise, Climate Refugees and Statelessness

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