Articles and Updates

• Phoenix Legal - 22-06-2015

The Supreme Court of India, in what is sure to go down as an historic decision in Shreya Singhal vs. Union of India Writ Petition (Criminal) No 167 of 2012 (and various connected proceedings) has struck down the notorious Section 66-A of the Information Technology Act, 2000 (the IT Act) as being violative of the right to freedom of speech and expression enshrined in Article 19 (1) (a) of the Constitution of India (the Constitution). Much praise has been heaped on India's top court, and the decision has been lauded as being a step in the right direction towards preserving the Internet freedom of the citizens of India.

• Sawant Singh and Aditya Bhargava - 01-04-2015

Unlike jurisdictions such as Singapore, India did not (until very recently) have differentiated licensing for banks, i.e. granting licences for conducting a specific line of banking business. The prevalence of universal banking licences coupled with the burden of fulfilling increasingly stringent prudential norms meant that banks that received licences rarely ventured outside Indian cities which were their main profit centres. Consequently, the avowed goal of successive central governments to make basic banking services available to all citizens was not fulfilled.

• Sawant Singh and Aditya Bhargava - 29-12-2014

The master circular on wilful defaulters issued by the Reserve Bank of India (RBI) defines a "wilful default" as occurring when: a "unit" defaults in its payment/repayment obligations to a lender even though it has the capacity to make such payments; a unit defaults in its payment/repayment obligations to a lender

• Phoenix Legal - 29-12-2014

In a recent decision, the Supreme Court of India clarified the position on multiplicity of proceedings with respect to patent cases. On June 2, 2014 in the case of Dr. Aloys Wobben vs. Yogesh Mehra and Others1, a division bench of the Supreme Court comprising of Justice J.S. Khehar and Justice A.K. Patnaik held that a patent revocation proceeding based on similar issues cannot be simultaneously pursued before the Patent Office, the Intellectual Property Appellate Board (IPAB) and the relevant High Court,

• Phoenix Legal - 18-12-2014

Although the sentiment at home has been one of guarded optimism, Prime Minister Modi was welcomed with rapturous applause in Australia both for the G20 summit and for his state visit to Australia. The Prime Minister has been recognized as a veritable "man of action" and as the much awaited force of change that India so desperately needs.