Category: Posts

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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Antitrust Law, Posts

Corporate Influence and Behavioural Economics as Drivers of Competition: A Case Study of Jio Mart

By: A. Swetha Meenal INTRODUCTION Cited as the biggest FDI in the Indian technology sector so far, Competition Commission of India’s (hereinafter ‘CCI’) approval of the acquisition of 9.99% in Jio by Jadhu Holdings LLC, an indirect wholly-owned subsidiary of Facebook, has raised several eyebrows in the context of data concentration and its effects on privacy. Given the unparalleled market power of both the entities … Continue reading Corporate Influence and Behavioural Economics as Drivers of Competition: A Case Study of Jio Mart

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Information Technology, Posts

A Desideratum for Legislative Intervention to Contain Deepfakes

In this post, the authors deliberate on the potential of deepfake technology to disrupt an individual’s right to privacy and discuss the role of intermediaries to curb the same. They call for subject-specific legislation to tackle various complications presented by deepfakes. Continue reading A Desideratum for Legislative Intervention to Contain Deepfakes

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Constitutional Law, Human Rights, Posts

No Privacy for Prisoners in India

In this post, the author argues that the increasing installation of CCTV cameras in barracks and cells of prisons by state governments violates the right to privacy of prisoners. The author strives to establish how Supreme Court’s direction to install CCTV cameras in prisons fails to satisfy the proportionality and necessity test laid down by it in the Puttaswamy judgment, and therefore the SC needs to revisit its direction in light of the right to privacy recognised by it. Continue reading No Privacy for Prisoners in India

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Antitrust Law, Posts

Artificial Intelligence and Market Regulation: The Way Forward for the CCI

In this post, the authors highlight the potential anti-competitive concerns emerging from the use of Artificial Intelligence by enterprises. They analyse competition regulators’ practices worldwide and provide logistical suggestions to suit the Indian context. Continue reading Artificial Intelligence and Market Regulation: The Way Forward for the CCI

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