Photo of Srinivas Chatti

Principal Associate in the Dispute Resolution practice at the Mumbai office of Cyril Amarchand Mangaldas. Srinivas has experience in civil and commercial disputes before courts and tribunals across the country and also advises on white-collar crime issues. He can be reached at srinivas.chatti@cyrilshroff.com

Introduction

Ease of doing business also includes the ease with which companies can shut operations and exit the marketplace in a country. Under Indian law, companies (or limited liability partnerships (“LLP”) have various options to wind down operations voluntarily, either under the Companies Act, 2013 (“Companies Act”), (or the Limited Liability Act, 2008, for an LLP) or the Insolvency and Bankruptcy Code, 2016 (“IBC”).Continue Reading Ease of closing a Business in India

The Supreme Court clarifies the law and lays down the guidelines

INTRODUCTION

 The Supreme Court of India has in its recent landmark judgment in Satender Kumar Antil[1] laid down guidelines on the grant of bail to an accused and while doing so, it has reiterated aspects of personal liberty and constitutional guarantees available to an accused under criminal jurisprudence. The Court observed that while its discussion and findings are meant to operate as guidelines, each case pertaining to a bail application is to be decided on its own merits.[2] This article seeks to analyse these guidelines and evaluate their consequences and operation in practice.Continue Reading Bail or Jail – The Supreme Court clarifies the law and lays down the guidelines

From-Harbour-to-Hardships-Understanding-the-Information-Technology-Intermediary-Guidelines-and-Digital-Media-Ethics-Code-Rules-2021-Part-III

This is in continuation to the series analysing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”). In the first part, we traced the evolution of intermediary liability and the key changes brought about by the 2021 Rules. In the second part, we discussed the consequences of non-compliance by intermediaries which, inter alia, disentitle them from claiming the safe harbour protection under Section 79 of the Information Technology Act, 2000 (“Act”).Continue Reading From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Part III

From Harbour to Hardships - Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Part II

This is in continuation of the series analysing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”) and their impact. In the first part, we traced the evolution of intermediary liability and the key changes brought about by the 2021 Rules.

In this part, we attempt to identify the implications of the 2021 Rules on intermediaries, mainly focussing on the consequences of non-compliance which could entail criminal liability, and aspects relevant to investigative authorities.
Continue Reading From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Part II

From Harbour to Hardships Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code Rules 2021 - Part I

Evolution of intermediary liability in India

Ever since the enactment of the Information Technology Act, 2000 (“the IT Act”), the treatment of intermediary liability[1] has been pendulous. The recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”), bring about the most significant changes for intermediaries in terms of increasing due diligence obligations and liability in cases of non-compliance.
Continue Reading From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Part I

How did a virus extend limitation?

 Introduction

The ongoing COVID-19 pandemic has forced unprecedented measures on the movement of people across the country, thereby also bringing the functioning of courts and tribunals to a grinding halt. Considering the present scenario, where courts have become physically inaccessible, the Supreme Court of India (“Supreme Court”) on March 23, 2020 took suo-moto cognizance of a petition for extension of limitation and passed an order (“Order”)[1] extending the limitation prescribed either under general law or special laws, whether condonable or not, for filing any petitions, applications, suits, appeals and all other proceedings in all courts and tribunals from March 15, 2020, until passing of further orders.

The Supreme Court reasoned that the Order was being passed to “obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country”.
Continue Reading How did a virus extend limitation?