Month: June 2021
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Issue of Self-identification and Absence of Proper Mechanism: NALSA vs. UOI
Introduction The landmark judgement of National Legal Services Authority (NALSA) v Union of India and Others (hereinafter NALSA) upheld the right of the transgender persons to be identified as the ‘third gender’, apart from the binary notion of male and female. A writ petition was filed by the NALSA in 2012, on behalf of the…
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Consent in Online Contractual Transactions: Issues and Challenges
Online contracts are not specifically mentioned in the Indian Contracts Act, 1872 (hereinafter the Act). However, since the Act does not exclude online mode of communication of proposal, acceptance and revocation, online contracts are impliedly covered under it. Moreover, following the 2008 amendment of the IT Act, 2000, online contracts fall within its ambit under…
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The Gubernatorial Domain in India: Through the Lens of Bengal
Introduction India has a parliamentary style of government, within which the Governor is not the head of the Government, but merely a titular head of the State. A cursory reading of Constituent Assembly Debates indicates that the framers were wary of conferring discretionary powers to the Governor. In order to ensure that the institution of…
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Equity to Preference Share Conversion: Tenable reorganization or backdoor reduction of capital?
Regulatory framework: The Companies Act, 2013, section 66, section 230. Introduction: Every company limited by shares may structure its share capital into equity and/or preference shares, representing the underlying value of the company.[1] They are issued as separate classes of shares, assuming distinct natures and fiscal weightage. Equity shares constitute the foundation capital of a…
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An Analysis into the Vires of IT Rules, 2021
The government, on 25th February 2021, notified the IT Rules 2021 via its official gazette with the objective of regulating Content on Digital media. These rules, under the pretence of promoting self-regulation, seem to have attempted to compromise the Freedom of speech of digital media. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code)…
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Demystifying the conundrum surrounding non-fungible tokens
“This is the whole point of technology. It creates an appetite for immortality on the one hand. It threatens universal extinction on the other. Technology is lust removed from nature.” – Don DeLillo During the early days of Indian Parliament’s Budget Session in 2021, all eyes widened, and heads turned on the proposal to ban…
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