The Hon’ble Prime Minister, Mr. Narendra Modi on October 13, 2021 launched the PM Gati Shakti Master Plan (“Gati Shakti/Plan”), a pre-launch announcement for which was made by the Hon’ble Prime Minister in his speech during the 75th Independence Day celebration. Gati Shakti is an initiative to monitor and bring on track the progress of …
Litigation Court system What is the structure of the civil court system? The Supreme Court of India is the apex court exercising original, appellate and advisory jurisdiction, followed by the high courts established in different states and union territories of India. All high courts exercise appellate jurisdiction over subordinate courts established in different districts with …
Background The German Parliament passed the law on coporate due diligence in supply chains (Lieferkettensorgfaltspflichtengesetz) (“GSCA”) on June 11, 2021. GSCA is slated to come into force on January 1, 2023 and will be implemented in a phased manner. Introduction of GSCA is an affirmative legislative step by the German Parliament to identify and assess …
“It is entrenched in our jurisprudence that an ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety. If after that, no clarity emerges, then the term must be interpreted in favour of the insured, i.e., against the drafter of the policy[1].” A three Judges’ Bench of …
The insurance industry is booming today. There is no dearth of coverage for a multitude of risks. Claims are on the rise and so is declinature, resulting in disputes between the Insured and the Insurer. Policies falling in the category of claims made or claims made and reported, prescribe a period for notification of a …
Supreme Court: Notification Delayed, Insurers Remain Liable Read More »
Distinct and mandatory processes Introduction With the increasing burden on Civil Courts, the Legislature has, under various statutes, provided that disputing parties first undergo mandatory conciliation or mediation processes prior to initiating arbitration or approaching Civil Courts. The effect of such provisions is that they act as a mandatory pre-cursor to initiation of arbitration …
A Reminder by the Supreme Court When the Insolvency & Bankruptcy Code, 2016 (“IBC”) was notified in 2016, one of its most talked about provisions was the limited scope of adjudication and consequently narrow jurisdiction conferred upon the National Company Law Tribunal (“NCLT”) in deciding insolvency cases. In fact, the provisions of the Code in …
India’s quest for a data protection regime can be traced back to when the idea was first mooted in the Indian Parliament in 2008, when an amendment to the Information Technology Act, 2000 (“IT Act”) was proposed. The introduction of the new Section 43A under the Information Technology (Amendment) Act, 2008 (“Amendment”) inter alia put …
The Journey of India’s Data Protection Jurisprudence Read More »
Introduction On 9 August 2021, the Reserve Bank of India (“RBI”), with a view to liberalize the regulatory framework pertaining to overseas direct investment (“ODI”) and also to promote ease of doing business, decided to rationalize the existing provisions governing ODI. Accordingly, the RBI published two drafts on its forum – i.e., the draft Foreign …
In recent years, the financial activities in India have grown exponentially. As a result, the reliance on financial instruments such as bonds and guarantees have increased. The companies undertaking such financial instruments subject themselves to higher risks of non-payment by other party or insolvency and bankruptcy. To mitigate such risks, specialised insurance products have been …
Decoding Surety Insurance and Trade Credit Insurance Read More »
