Photo of Surabhi Khattar

Principal Associate in the Dispute Resolution Practice at the New Delhi office of Cyril Amarchand Mangaldas. Surabhi focusses on disputes in relation to insolvency and debt recovery proceedings, product liability, intellectual property, criminal law proceedings, as well as other corporate and commercial litigations. She can be reached at surabhi.khattar@cyrilshroff.com

Product Liability

INTRODUCTION

‘Product Liability’ has been defined for the first time under the Consumer Protection Act, 2019 (“2019 Act”). As per the 2019 Act, product liability means the responsibility of a product manufacturer or product seller, or product service provider, to compensate for any harm caused to a consumer by a defective product manufactured or sold or by deficiency in services in relation to the product.[1]

Continue Reading Product Liability under the Consumer Protection Act, 2019: An Overview

Can an accused be granted exemption from personal appearance? -Understanding Section 205 and 317 of the code of Criminal Procedure, 1973

An essential principle of criminal law is that the trial of an offence should take place in the presence of the accused. This principle has been embodied in Section 273 of the Code of Criminal Procedure, 1973 (“CrPC”), which provides, as a general rule, that all evidence taken in the course of trial shall be taken in presence of the accused. While it cannot be denied that such a rule is mainly for the protection of the interest of the accused, CrPC has provisions allowing courts the discretion, in certain circumstances, to exempt an accused from personal appearance. However, exemption from personal appearance is not available to an accused as a matter of right; and is subject to the discretion of the Court.

Continue Reading Can an accused be granted exemption from personal appearance? -Understanding Section 205 and 317 of the code of Criminal Procedure, 1973