The Telecommunications Act, 2023 (“Act”) has received presidential assent and has been notified for information.[1] When rulemaking under the Act is completed, and it is notified as being in force, it will replace existing legislation governing telecommunications in India, namely the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950 (collectively, “Telegraph Laws”).Continue Reading The Telecommunications Act, 2023

Contracts Act

Introduction

In its recent judgement of Loop Telecom and Trading Limited v Union of India and Another[1], the Supreme Court denied the Appellant restitution of certain sums paid by it under a void agreement. The Court, while rejecting the claim for restitution u/s 65[2] of the Indian Contract Act, 1872 (“Act”), placed reliance on the doctrine of ‘in pari delicto’, and reiterated that courts shall not assist a party who has paid the money or handed over the property in pursuance of an illegal or immoral contract[3].Continue Reading Restitution Under the Contracts Act: The In Pari Delicto Exception