Articles

Rules of Statutory Interpretation and the Airport Economic Regulatory Authority

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Cox and Kings Ltd v. SAP India Pvt. Ltd. & Anr: Need to Amend Arbitration Agreements?

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Providing Personal Data: An Overview under Digital Personal Data Protection Act, 2023

The Parliament of India passed The Digital Personal Data Protection Act, 2023 (‘Act’)  on August 11, 2023. The Act recognises the right of individuals to protect their personal data and the need to process such personal data. This write-up enquires into the manner in which personal data is to be shared by an individual while also discussing the manner in which entities may process this personal data.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Focusing on the 2023 Amendment

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘2021 Rules’)[1] were released by the Central Government in February 2021. The 2021 Rules are framed further to the exercise of powers by the Government of India under Section 87(2) of the Information Technology Act, 2000. The 2021 Rules have now been amended vide Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. (‘2023 Amendment’).

Indian Carbon Market: Prospects and Challenges

With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26. This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters. This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.

Renewable Energy and Biodiversity – Legal Framework

With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26. This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters. This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.

International Cooperation in Space Laws

Date | Version May 10, 2023| 2.0 Keywords ‘Space Law’, ‘UNFCCC, ‘International’, ‘Cooperation’, ‘UN’, ‘Satellite’. List of Legislation Referred. The constitution of india The United Nations Remote Sensing Principles, 1986 Article I of the Outer Space Treaty , 1966 The Cancun Agreements , 2010 The Mexico Summit, 2015 Space Activities Bill, 2017 Satellite communications policy, […]

Mandatory Use of Government e-Marketplace (GeM) and Competition Law

Date | Version May 01, 2023| 2.0 Keywords ‘E-market place’ , ‘Central Government’, ‘Competition Law’, ‘Supreme Court of India’. List of Legislation Referred. 1. The Constitution of India 2. The General Financial Rules, 2017 3. The Competition Act, 2002 4. The Companies Act, 2013 Jurisdiction Republic of India The Indian Government has been actively promoting […]

Authorization and Declaration of Natural Gas Pipelines

  Date | Version April 05, 2023| 2.0 Keywords ‘common carrier’, ‘contract carrier’, ‘Declaration’, ‘PNGRB’, ‘Authorization’, ‘natural gas pipeline’. List of Legislation Referred. Petroleum and Natural Gas Regulatory Board Act, 2006 (‘PNGRB Act’)  Petroleum and Natural Gas Regulatory Board (Guiding Principles for Declaring or Authorizing Natural Gas Pipeline as Common Carrier or Contract Carrier) Regulations, […]

Cryptocurrency: Unregulated Futuristic Technology

Date | Version December 29, 2022, | 1.0 Keywords ‘Cryptocurrency’, ‘Blockchain’, ‘Decentralization’, ‘Virtual Digital Assets’, ‘Dollarization’. List of Legislation Referred The Constitution of India Securities Contract Regulation Act, 1956 Foreign Exchange Management Act, 1999 Income Tax Act, 1961 Markets in Crypto Assets Regulation (MiCA) (European Council) (yet to be voted upon) Bipartisan Infrastructure Legislation, 2021 […]

AERA – Powers and Functions

Date | Version December 27, 2022| 2.0 Keywords ‘AERA’, ‘Powers and Functions’, ‘Tariff Determination’, ‘Seizure’. List of Legislation Referred. The Airports Economic Regulatory Authority of India Act, 2008. Code of Criminal Procedure, 1973. Jurisdiction India The Indian civil aviation sector has been growing tremendously, and with the second-largest population, the total traffic at major airports […]

Tariff Determination for into Plane Services in India AERA – A Closer Look

Date | Version December 27, 2022| 3.0 Keywords ‘AERA’, ‘Tariff’, ‘Light Touch Approach’, ‘Price Cap Approach’ ‘Into Plane Services’. Related Legislation = The Airports Economic Regulatory Authority of India Act, 2008. The Airports Economic Regulatory Authority of India (Terms and Conditions for Determination of Tariff for Services Provided for Cargo Facility, Ground Handling and Supply […]

What to Expect in The Upcoming Union Budget

Date | Version December 21, 2022| 2.0 Keywords “Union Budget”, “inflation”, “job creation”, “private investment”, “energy sector”, List of Legislation Referred. The draft Indian Telecommunication Bill, 2022 Jurisdiction India Abstract: The Budget for 2023-24, the last before the General Elections of 2024, will be presented in the backdrop of a critical geopolitical set-up internationally, clubbed […]

India’s Commitment to Clean Energy: Infrastructure, Laws and Regulations

Date | Version December 14, 2022| 2.0 Keywords ‘Renewable energy’, ‘renewable energy sources’, ‘power generation’, ‘grid electricity’, ‘sunshine countries’. List of Legislation Referred. The Electricity Act of 2003 Central Electricity Regulatory Commission (Terms and Conditions for Tariff Determination from Renewable Energy Sources) Regulations, 2017 The Electricity (Amendment) Bill, 2018 The draft Electricity (Amendment) Bill, 2020 […]

Doctrine of Corporate Law & Opportunity – An Indian Perspective

Richa Bhandari, Associate Praneet Kaur, Associate Date | Version October 17, 2022| 1.0 Keywords ‘Director’, ‘Fiduciary duty’, ‘Doctrine of Corporate Opportunity’, List of Legislation Referred. The Companies Act, 1956 The Companies Act, 2013 Jurisdiction India   Abstract- This write-up examines the applicability of the doctrine of corporate opportunity in light of the provisions of Section [...]

Time limit for filing of written statement in suits in Delhi

Divjyot Singh, Partner Nipun Dwivedi, Principal Associate Date | Version October 11, 2022| 1.0 Keywords Written Statement’, ‘Order VIII Rule 1’, ‘extension of time’, ‘Mandatory’, ‘directory’ ‘discretion, ‘special law’, ‘St. Stephens College and Ors. vs. The University of Delhi’, ‘R.S Raghunath v. State of Karnataka and Anr.’, ‘Atma Ram Properties Pvt Ltd vs. The Oriental [...]

Force Majeure A measure to mitigate risk

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Risk Management Policy Role of directors

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The Competition (Amendment) Bill, 2022

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Management of risk – The co-operative way

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Renewable Energy India – 2023 (Part-2)

Date | Version July 23, 2022| 1.0 Part: PART 2 [Regulatory Framework of renewable energy in India] Keywords ‘Renewable energy’, ‘Renewable Purchase Obligation’, ‘Renewable Energy Certificate’. List of Legislation Referred. i. The Electricity Act, 2003 ii. Electricity (Promoting Renewable Energy Through Green Energy Open Access Rules) 2022 iii. Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy [...]

Renewable Energy – India 2022 Frequently asked questions

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Renewable Energy – India 2022 (Part-1)

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Prepaid Instruments – AKIN to credit facility?

Date | Version June 17, 2022, | 1.0 Keywords ‘PPI’, ‘Credit Facility’ List of Legislation(s) Referred RBI Master Directions on ‘Prepaid Payment Instruments (PPIs)’ dated August 27, 2021 Jurisdiction India   Abstract- A mention of prepaid payment instruments (‘PPIs’) invariably reminds us of an e-wallet. This is because a PPI is typically understood to mean [...]

The nexus between Big Data and Competition Law

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News and Updates Issue 05 Duration March 01-15, 2021

A THING LONG EXPECTED TAKES THE FORM OF THE UNEXPECTED WHEN AT LAST IT COMES. MARK TWAIN BANKING AND FOREIGN EXCHANGE The Reserve Bank of India (RBI) has issued a press release RBI/2020-21/106 dated March 12, 2021 in relation to data format for furnishing of credit information to credit information companies and other regulatory measures [...]

Orders and Judgments Duration April 08-22, 2021

ALTERNATIVE DISPUTE RESOLUTION PSA Sical Terminals Pvt. Ltd. v. The Board of Trustee of V.O. Chidambranar Port Trust Tuticorin & others Arbitrator cannot rewrite contract for parties-28 July 2021 The Division Bench of the Supreme Court has held that an arbitral award which is based on no evidence and/or in ignorance of evidence would come [...]

Orders and Judgments Duration March 08-22, 2021

GENIUS, LIKE GOLD AND PRECIOUS STONES, IS CHIEFLY PRIZED BECAUSE OF ITS RARITY. MARK TWAIN ALTERNATIVE DISPUTE RESOLUTION Yashwardhan Raghuwanshi v. District & Sessions `Judgc and another Commercial matters involving Arbitration disputes can only be heard by Commercial Court of status of District Judge/ Addl. District Judge-26 February 2021 A Division Bench of the Madhya [...]

The law on Minority Squeeze – Out in India

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Outlook on Green Finance in India

Abstract- In its workshop organized recently, the NITI Aayog and WRI India emphasized the importance of green financing in decarbonizing the country’s transport sector. Green Financing, thus, is the way forward towards achieving the target of net-zero emissions set forth by India in the COP26 Summit. The article seeks to throw light on the current position of green financing and its future in India while focusing on the initiatives taken up by the Government in this regard, and the way ahead.

Outlook on Green Finance in India

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Crypto Currency at a glance R1

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