16 Oct 2020

With constant technological innovation and dynamic transformation of related laws happening worldwide, the jurisprudence regarding reliance on evidence in electronic form is also evolving. Judges these days have demonstrated considerable perceptiveness towards the intrinsic ‘electronic’ nature of evidence, which includes insight regarding the admissibility of such evidence, and the interpretation of the law in relation to the manner in which electronic evidence can be brought and filed before the court.>>

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13 Oct 2020

The pendency of litigation and piling up of cases in courts was the necessity which led to the discovery of alternative dispute resolution mechanisms. These tools of dispute resolution are highly efficient, time-bound and cost-effective. Further, as the dispute resolution is amicable, the delicate and long-standing relationship of parties is preserved. It is for this reason separate tribunals are set up for arbitration, independent mediators can be appointed for mediation and a number of unaided negotiations take place between the parties for settlement of any disputes. Arbitration is also familiar as a form of private litigation as to some extent the formalized means of dispute resolution; witness examination, expert opinions and binding nature of the arbitral award well substantiate the fact. However, with enhanced remedial and appellate participation from the judiciary, the idea of ‘alternative’ dispute resolution seems to replicate a façade. The primeval legislation, Arbitration Act of 1940 provided for a triangular remedial set up, namely rectification, remission and setting aside of the arbitral award. This was narrowed down to remission and setting aside of the award in the subsequent Act, 1996.>>

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06 Aug 2020

Consumers, especially individuals and small buyers, who were at the short end of the bargain when it came to market operations can now seek respite in the new consumer law which significantly turns the table in their favour. Further, the rapid development of technology and e-commerce has posed considerable challenges to adequate protection of consumers’ rights. The Consumer Protection Act, 2019 (“Act”) acknowledges these challenges and marks the commencement of an era of consumer rights which are in tandem with the changing dynamics of the new-age consumer expectations thereby making consumers the king in the true sense. The Act was notified on 9th August, 2019 and it came into force on 20th July, 2020, repealing and replacing the Consumer Protection Act, 1986 (“earlier Act”). The Act aims at revamping the process of resolution and settlement of consumer disputes to make it timelier and more effective.>>

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06 Aug 2018

Yet another attempt has been made by the legislative authorities to reduce the number of frivolous cases and expedite the disposal of cases on dishonour of cheques by amending the Negotiable Instruments Act, 1881 (“Act”) to provide interim relief to the genuine/bona-fide complaints. The amendment is an attempt to help trade and commerce in general by allowing lending institutions, including banks, to continue to extend financial support to the productive sectors of economy.>>

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02 Sep 2016

The Cabinet’s nod to the Surrogacy (Regulation) Bill, 2016 on 24th August 2016[1] is undoubtedly a remarkable initiative to bring more clarity to the grey area of surrogacy regulation in India. However, it has raised many issues and concerns. India, where commercial surrogacy has been legal for more than a decade, has become an attractive worldwide hub for commercial surrogacy, and has led to various issues and unethical practices such as coerced and forced surrogacy, exploitation of surrogate mothers, abandonment of surrogate babies, importing human embryos and gametes etc. This situation created a pressing need for better regulation of surrogacy in India.>>

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04 Nov 2015

On 23rd October 2015, the President of India promulgated a new ordinance called “The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance 2015”. This is an important Ordinance in the larger context of making it easy to do business in India, as it seeks to create a separate set of courts and appellate mechanism to address “commercial disputes”, which the ordinance defines as those disputes arising out of:>>

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17 Jul 2015

Although India is an attractive market and investment destination, it is also true that foreign investors are daunted by the inordinate delays that occur in our legal system. The number of courts, judges and overall infrastructure is grossly inadequate relative to the volume of cases the system is called upon to adjudicate. It is estimated that more than 35 million cases are currently pending before various Indian courts. With this kind of pendency, it is not surprising that disposal of cases often takes several years (and even decades). The situation in countries such as Sri Lanka, Indonesia, Bangladesh, Pakistan etc. is not very different. Especially in commercial matters that often involve large sums of money and/or reputation, delays in obtaining verdicts have significant consequences for the parties involved.>>

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