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January, 2024 | Khurana and Khurana

Month: January 2024

Article 370 and its evolution

INTRODUCTION After around 200 years, the British departed India in 1947 and proclaimed it an independent nation. However, five northern Indian provinces were designated as west Pakistan and east Bengal as east Pakistan following that, entirely altering the country’s map. India has a number of issues following the split that were linked to violations of … Continue reading Article 370 and its evolution

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Conundrum of Limitation Period under IBC and Inapplicability of the Doctrine of Election

Recently the Supreme Court in the case of Tottempudi Salalith v State Bank of India & Ors.[1] (Tottempudi Salaith) held that the doctrine of election cannot be applied to prevent a financial creditor to approach the National company law tribunal (NCLT) for initiating a Corporate Insolvency Resolution Process (CIRP) against the corporate debtor under Section … Continue reading Conundrum of Limitation Period under IBC and Inapplicability of the Doctrine of Election

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Trademark Clash: Raymond Limited Vs. Raymond Pharmaceuticals

Introduction In 2006, a big fight happened in the Bombay High Court between two companies called Raymond Limited and Raymond Pharmaceuticals. This was an important case about trademark law, industry peace and not confusing customers. Background Raymond Limited, a big company in the textile and clothing business, was very famous for making good materials. It … Continue reading Trademark Clash: Raymond Limited Vs. Raymond Pharmaceuticals

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Fake News and Disinformation and Its Impact On Freedom Of Speech

Introduction  There has been increased transmission of false and malicious information on various internet platforms, even while elevating movements such as #MeToo and #BlackLivesMatter, which were created to provide a platform for minorities to raise their voices. More specifically, the social media platforms that are easy to use and through which any information can be … Continue reading Fake News and Disinformation and Its Impact On Freedom Of Speech

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Critical Analysis of the Rk Arora Judgement and Its Impact on Ed Arrest Procedures

Introduction The Enforcement Directorate is essentially a law enforcement body which is equipped with powers to enforce economic laws and combat economic crimes in India. It deals with cases of money laundering and FEMA infractions. The ED is also specifically empowered under the Prevention of Money Laundering Act of 2002, to detain, arrest and prosecute … Continue reading Critical Analysis of the Rk Arora Judgement and Its Impact on Ed Arrest Procedures

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Supreme Court’s Landmark Ruling: Towards the Eradication of Manual Scavenging In India

Introduction The horrible Indian practice of manual scavenging entails the coercion of people into cleaning untreated human waste from dry latrines, ditches, pits, and toilets. Guide scavenging is a persistent problem that may be tracked via several obstacles, despite attempts by lawmakers to reduce this cruel practice. Manual scavenging presents a number of difficulties. Disrespectful … Continue reading Supreme Court’s Landmark Ruling: Towards the Eradication of Manual Scavenging In India

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Understanding the ESIC Act: A Comprehensive Overview

Introduction The Employees’ State Insurance Scheme, or ESIS, is a dynamic security program designed to offer employees and their families’ socioeconomic coverage. On February 24, 1952, the program was introduced in Kanpur. The Employees’ State Insurance Corporation (ESIC), an independent apex corporate organization, is responsible for overseeing the Employees’ Security Insurance (ESI), a comprehensive multifaceted … Continue reading Understanding the ESIC Act: A Comprehensive Overview

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First Loss Default Guarantee: Settling the Disquiet in the Fintech Sector

The Reserve Bank of India (“RBI”) issued Guidelines on Default Loss Guarantee in Digital Lending on 8th June 2023, to give a green signal to Default Loss Guarantee or First Loss Default Guarantee (“FLDG”) arrangements between Banks or Non-Banking Financial Companies (“Regulated Entities” or “RE”) and Lending Service Providers (“LSPs”) (typically a Fintech entity). This … Continue reading First Loss Default Guarantee: Settling the Disquiet in the Fintech Sector

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Dark pattern guidelines impact on intermediaries: a regulatory khichadi

The Central Consumer Protection Authority issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (‘Dark Pattern Guidelines’) on 30th November 2023 to provide for prevention and regulation of dark patterns. The Dark Pattern Guidelines are introduced to protect the interests of consumers from the unfair practices adopted by various e-platforms and online companies. … Continue reading Dark pattern guidelines impact on intermediaries: a regulatory khichadi

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Taxation of Cryptocurrency : Navigating the uncharted waters

Introduction Cryptocurrencies have developed in the form of a revolutionary force in the financial sector across the globe, and this has taken place through the introduction of decentralized digital assets far and beyond the traditional banking infrastructure. However, the popularity and widespread acceptance of this financial innovation globally, have made governments grapple while dealing with … Continue reading Taxation of Cryptocurrency : Navigating the uncharted waters

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