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Law of Damages and its Applicability

INTRODUCTION In law, the term “damages” refers to the compensation in monetary terms for a loss or an injury caused by the wrongful act of another. In other words, “damages” means the sum of money that the law imposes for...

Online Gaming Laws in India & Celebrity Sponsorship Liability

The Madras High Court recently issued notices to Virat Kohli and other celebrities endorsing online gambling platforms, consequent to a petition filed by a Chennai-based advocate against online gambling and celebrity endorsement of online gambling. The petition highlighted how...

Law Relating to Arbitration as a Mode of Alternative Dispute Resolution

This Article analyses the The Arbitration and Conciliation Act, 1996, taking into account UNCITRAL Model Law and Rules and also vastly making amendments in the law relating to domestic arbitration contained in the 1940 Act. It also discusses the salient features of the said Act.

Law Relating to Lok Adalats as a Mode of Alternative Dispute Resolution

The legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to secure that opportunities for securing justice are not denied to any citizens by reasons of economic or other disabilities. It was in this context that the Parliament enacted the Legal Services Authority Act, 1987, and hence lead to setting up of Lok Adalats.

The Ban on Online Gaming by the Tamil Nadu Government – The Right Way Forward?

The Madurai bench of the Madras High Court heard public interest litigation concerning the ban of certain online games, an ordinance was later passed in this regard. However, the Ordinance leaves several questions unanswered, for example, manifesting as the clear lack of a definition of ‘wagering’ and ‘betting’.

ITC not Monopolizing ‘Magic’ in “Magic Masala’: Madras High Court

A seven-year-old legal dispute between two FMCGs was finally disposed of by the Madras High Court on June 10, 2020. The suit was filed by ITC (“Plaintiff”), a well-known company originally engaged in the tobacco business which had successfully...

Delhi High Court Allows the FMC Corporation To Amend Its Defective Plaint and Slams the Natco Pharma for Making Inconsistent Pleas in a Patent...

In the matter of FMC Corporation & Anr v. Natco Pharma, CS(COMM) 611/2019 (Suit), the Learned Single Judge of the Delhi High Court (Court) passed an order dated 15 July 2020 (Decision). It allowed the Plaintiffs (defined hereinafter) to...

The “Shift” Shifts: Karnataka Shops and Commercial Establishments (Amendment) Act, 2020

“Equality is leaving the door open for anyone who has the means to reach it; equity is ensuring there is a pathway to that door for those who need it” – Caroline Belden The aforementioned aptly encapsulates the measures taken by...

Impact on Statutory Time Limits for Passing an Award on Account of COVID-19 Pandemic

The Arbitration and Conciliation (Amendment) Act, 2015 brought about a serious overhaul to the justice delivery system through arbitration. Out of the number of significant amendments introduced, two very important provisions that were incorporated were Section 29A and Section...

Compensation for Delay in Possession Cases in Real Estate: Sushma Buildtech Ltd. v. Jagsukhbir Kaur, 2020

The First Appeal was preferred by the Appellant (Sushma Buildtech Ltd.) against the order dated 05.03.2020, passed by the Hon'ble State Consumer Disputes Redressal Commission, Punjab, wherein the Complainant was granted interest @ 9% p.a. on the amount invested...
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Understanding Contingent Contracts Under the Indian Contract Act

A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
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Analysing the Central Vista Project: India’s New Parliament

The government will spend around Rs. 1000 Crore for the new parliament building, right in the center of India’s capital.

Explained: Farm Laws 2020 and its Effect on Indian Farmers

In the recent past, our government has come up with three different ordinances related to agriculture which has infuriated the farmers of our nation.

Job Post: Vacancy for Associate at Sony Pictures Networks India Private Limited, Mumbai

Sony Pictures Networks India Private Limited is looking to hire an Associate with 3-5 years of PQE from Media and Entertainment Industry, preferably with...

Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case

Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.