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Policy and Regulatory

Regulatory Framework for ease of Digital Payments

Digital payments are need of the hour. With advancement of technology, the regulations in this sector have been developing as a step by step process. There have been some key legal developments in this space focusing on regulatory sandbox for fintech, regulations of payment intermediaries by the RBI, regulations for prepaid payment instruments by the RBI among others.

Watch now this interesting video on LawWiser on “Regulatory framework for ease of digital payments” with Ugen Bhutia, Legal Head, SBI Card. Our host Sania Husaini in conversation with Mr Bhutia explores the framework for digital payments.

They discuss the development of this sector and important regulations that have played key role in its development. They also focus on regulations for payment intermediaries by RBI. Lastly, he also shares the changes that are required for further development of this sector. Watch this now !

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Overview of Sedition Law (Section 124A-IPC)

WHAT IS SEDITION LAW?

The Sedition law in India is considerable for those who oppose the government or any political party.

This law prohibits people from participating in any action which the government may conduct against their will.

In this video, Avani Shukla of LawWiser talks about “Overview of Sedition Law in India” and takes us through the important judgments on this law. She also focuses on the major issues in the application of sedition law and what lies ahead of it.

Reason for Being Careful

With the sedition law in India.

People are unexpectable to do any activity that-

-Violates the Constitution of India or the Basic Principles of State Policy.

Any individual who refuses to follow these principles and laws falls under the sedition laws of India.

There are many reasons as to why one should be careful about the laws of Sedition.

India has been fighting international terrorism ever since the country gained independence from the British.

The people have always been worried about their country’s security, so they have given a lot of importance to this law, i.e. sedition law.

According to the sedition laws, anyone can invite worry for any activities that oppose the government policy.

The prominent role that the police department plays is monitoring all the organizations working against the government’s interests.

The Concern

The main reason why the people are bother able about the sedition law is because –

-They feel that the state is suppressing their rights.

The implementation of the anti-terrorism act has stopped most of the terrorist activities happening in the country.

All the laws related to the country’s constitution and the functioning of the government are under attack by the opposition.

The prime minister of India has been threatenable by the opposition for trying to implement the anti-terrorism act.

They have also filed numerous cases against the government on various counts. Due to all these things, the government is taking preventive measures to implement the anti-terrorism act properly.

There is hardly any communication between the centre and the states. When the central government says that it will take care of a state, the state government immediately objects.

It leads to a deadlock in the system, and the government has started fearing for their safety.

The government is also tensed of the misuse of police power by the bureaucracy.

All the problems that have been mentionable above have made the government very nervous, and this is one reason why they are implementing the Sedition law in India with great caution.

SEDITION,LAWS AND JUDGEMENT

The Sedition law in India is also known as the Indian anti-federalism act.

The British government many years back realized it, but it was never implementable.

Under Section 124A of IPC, the offence of Sedition is committed when any person by words or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government regulated by law.

It was comprehendible in the constitution when the central government realized that the Hindu religion and the Government of India were under threat from fundamentalism.

There have been some judgments related to the sedition law, which many people still read.

The Supreme Court passed one such judgment in 1996, in which the Supreme Court quoted, “Sedition can only be practicable in rarest of rare cases when the security and integrity of the nation are under threat.

The Supreme Court even dismissed the PIL filed by Faruq Abdulla when he talked about the restoration of article 370.

The main goal of government

The main goal of the Indian government is to increase the literacy rate and maintain the economic growth level so that the national integrity of the country remains unharmed by any acts which violate peace and harmony within the country.

With this view in mind, the government has banned all books that do not fall in the purview of this act.

According to the news reports, many private schools in India are violating the Sedition law in India.

As they have been primarily comprisable in the protests of CAA, NRC etc.

There are various other laws, which have been comprehendable in the constitution to protect the citizens from all forms of injustice.

According to the news reports, thousands of crimes are committable based on religion.

Earlier in 2021, the riots broke out in eastern cities like Kolkata, Mumbai and New Delhi. It was mainly Muslims who rioted, but now the situation has changed. The Central and Southern states have been overblown by the riots comprising of Sedition.

They have seen communal tension spreading like wildfire.

It has forced the Indian government to declare state of emergency in all the cities and towns and has included Sedition in illicit activities.

Conclusion

As the government is conscious and careful regarding the integrity and peace of the nation.

The Supreme Court must be very aware concerning their decision on the acts of Sedition and take specific measures

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Is the debate on Emergency Arbitration settled?

Watch Now Lawwiser’s all new video ‘Is the debate on Emergency Arbitration settled’ moderated by Aman Abbas, Founder, LawWiser. Listen to our panelists Gourab Banerji, Senior Advocate, Supreme Court of India, Manish Lamba, General Counsel, DLF Cyber City Developers Ltd. and Sanjeev Gemavat, Executive Director Legal & Group General Secretary, Dalmia Bharat Group, talk about Emergency Arbitration and the recent judgment in Amazon.Com NV Investment Holdings Llc Versus Future Retail Limited & Ors.

Expert panelists share valuable insights into this ruling which happens to be one of the last judgments written by Retd. Justice Rohinton Nariman. Incidentally, We also have Senior Advocate Gourab Banerji who was part of this historic judgment as well as part of the 246th law commission report. They discuss the role of the judiciary in interpretation and the need for the legislature to proactively legislate and fill gaps.

They also address the larger question as to what is the real-time significance of having provisions for ‘Emergency Arbitration’ in India and will it help decrease the backlogs.

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Exploring the turf of Emergency Arbitration

We are super excited to release the full video from our panel discussion – Exploring the Turf of Emergency Arbitration powered by Phoenix Legal.

Watch well-known experts in the area of arbitration Vasanth Rajasekaran, Partner, Phoenix Legal, Devaiah P M, Group General Counsel, Adani Group and Julie Raneda, International Arbitration Group, Schellenberg Wittmer, decode and simplify all you need to know about emergency arbitration.

Emergency Arbitration is preferred in cases where parties cannot wait for the formation of an Arbitral Tribunal as it would cost irreparable loss to them.

Our panellists are not only widely experienced but also come from different jurisdictions and backgrounds which has enabled them to give us an all-rounded understanding.

They cover some highly important aspects such as:

-How emergency arbitration differs from interim reliefs sought under the Arbitration Act

-The doctrine of party autonomy and Emergency provisions of the SIAC

-Lessons learnt from SIAC and

-How arbitrators decide upon the emergency nature of these reliefs Despite having covered a lot in terms of subject matter,

it’s all done in the most concise way possible! #Watchnow

Introduction

Emergency Arbitrations (EA) are conducted in pursuance of an agreement between the disputants, often on short notice due to the scarcity of time and urgency of the relief sought. Under most of the rules, the Emergency Arbitration, upon passing the interim award, becomes functus officio.

Parties prefer invoking provisions for Emergency Arbitration for seeking interim reliefs, which would prevent the frustration of the subject matter of the dispute. However, the emergency arbitration has successfully widened its wings due to the people involved in disputes lately. They are never in favor of running for litigation costs and the wastage of their valuable time.

The objective of Emergency Arbitration

The main objectives are –

– To provide urgent pro tem to a party or parties that cannot await the formation of an Arbitral Tribunal.

The efficacy of an Emergency Arbitration, invoked by a party, survives on a chariot of two wheels:

· Fumus boni iuris- Reasonable possibility that the requesting party will succeed on merits;

· Periculum in mora – if measure is not accessible, the loss will not be reimbursable.

More About Emergency Arbitration

Emergency Arbitration contains speedy reliefs that are never opposed by anyone so far involved in the disputes as arbitration. Moreover, Tribunals are highly preferrable over the litigation forums because, there is the massive scope of leakage of confidential information that is likely to cause damage to the reputation of the clients.

Jurisdictions such as Singapore, Hong Kong, New Zealand, and Switzerland have accorded statutory recognition to-

– Ensure a harmonious adaptation of international arbitral practices into their domestic regimes.

While the United Kingdom and the United States have not enacted specific legal provisions in this regard. Several judicial rulings have recognized and allowed enforcement of emergency awards and orders.

The Controversy

There has been a lot of noise lately regarding the disputes related to emergency arbitration, Amazon, Future Group and Reliance, wherein Amazon managed to obtain an interim order from an Emergency Arbitrator under the SIAC Rules, restraining the Future Group entities from proceeding with the INR 24,700 Crore deal to monetize the retail business.

However, questions were not raiseable about whether such an interim order passed by an emergency arbitrator could be enforced in India.

This is evident from the definition of foreign award under Section 44 of the Act, which mentions arbitral awards and not interim awards.

Moreover, as outlined in Section 48 of the Arbitration Act, the enforcement of a foreign award is not enforceable.

-if the opposite party proves that the award has not become binding.

Conclusion

The problems shadowing the emergency arbitration about the threshold tests is true and evident.

However, Applying Section 44 along with Section 48 in the Future-Amazon dispute, it is inferable that there are reasonable doubts upon the enforceability of the emergency award permittable by SIAC under the Part II of the Arbitration Act.

Apart from the mentioned queries, we may also need answers-

if the full potential of EA is realizable by amending the existing Arbitration laws in India?

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Crypto Frauds (Cryptocurrency Frauds)

Cryptocurrency is a digital currency that is capable of performing the functions of a real currency. It works using blockchain technology. Payments by cryptocurrencies take place without any interference from an authorized agency. This kind of decentralized structure enables them to exist outside the government’s and authorities’ control.

Cryptocurrency frauds have taken a quantum leap in India due to-

-The increase of investments by Indians in cryptocurrency and the lack of regulations.

Crypto frauds have become a popular way to trick people into sending money by using different ways.

Watch this LawWiser #InAMinute video where Rajat Pradhan, Principal Associate at Phoenix Legal explains and helps us understand the rise of crypto frauds in India.

In this video powered by Phoenix Legal, he explains cryptocurrency and the lack of legal framework regarding the disputes involved in its transactions.

He also shares insights on the current situation of crypto frauds in the country with reference to a recent case before a Delhi Court.

Introduction to Crypto

There has been a sudden rise that has been highlighting in the case of Cryptocurrencies in India.

People across the globe have heavily become dependent upon –

Making digital payments and investing with the use of cryptocurrencies in India.

 For this reason, the popularity of Cryptocurrencies in India is on the rise.

As the use increases, crypto fraud cases are also at a peak as-

Various hackers and scammers have been active since the evolution took place in India.

Let us go in-depth about crypto fraud in India by first highlighting its crucial uses in today’s era.

Use of Crypto Currency in India

The use of Cryptocurrencies in India is not a new concept anymore because-

-People have started using them as a new mode of making payments for several purposes.

The fact that bitcoin is usable for trading can be one crucial reason for witnessing bitcoin fraud in India.

It is a part of traditional Indian economics that was very strong before the appearance of the internet.

The central bank of India has the strength of the Reserve Bank of India.

It is a significant thing to maintain the value of the Rupee.

To control the currency value, the central bank of India holds the flow of the currency of the nation.

In this way, it is essential for the people of India to know about-

– The role of the Reserve Bank of India.

Evolution of Crypto Fraud in India

The evolution of crypto fraud in India took place back in 2009, when cryptocurrency was introduced.

Creating a cryptocurrency in India was to create a platform where the ease of making payments through the internet could be normalized.

But with the introduction of bitcoin, the term “bitcoin fraud” also came forward as a shocking wave which further created a lot of buzzes around.

One reason for the hike in the cases of bitcoin fraud or crypto fraud is the rising popularity of trading in digital money, which offers the allure of multiplying your money.

For this reason, Crypto frauds have become a popular way to trick people into sending money by using different methods.

In the status of bitcoin fraud, we are witnessing a stressful concern.

As an answer, the UP Finance Minister quoted that the “quality of cryptocurrency may be uncertain in India, but the Indian Penal Code (IPC) and other laws are equipped to handle scams and frauds.

According to the latest stats, there have been cases where the Indian investors lost $500 million straightway as the scammers are increasingly controlling the market, resulting in crypto fraud.

Conclusion

There is no doubt how crucial digital payments have become in India as-

-The use of the internet in net transactions is relatively conventional and seamless.

However, as a matter of shock, there have been only some judgments that form the thread of crypto fraud cases that have taken place in India in a while.

Still, there has been no such ban or system that regulates it entirely or can protect the rights of Indian investors in that sense.

It is another asset class such as gold or real estate.

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SPAC Proposal of SEBI (Special Purpose Acquisition Companies)

Watch InAMinute video of Lawwiser powered by Phoenix Legal, featuring Sriram Ramachandran focusing on the proposed framework by SEBI for Special Purpose Acquisition Companies/SPACs.

SPACs are essentially shell companies with no commercial operations and listed on stock exchange for the acquisition of private companies.

In this video, he takes us through regulations surrounding SPACs in India, their purpose, and the recent surge in their popularity around the world.

There has been a lot of conversation around the proposed SEBI framework for Special Purpose Acquisition Companies (SPACs). Also, an unprecedented surge in the popularity of SPACs is seen in the last 12 months.

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Electricity Rules, 2020 (Rights of Consumer)

Watch this video with LawWiser as Vineet Bose, Senior VP – Legal And General Counsel, Nuvoco Vistas Group, takes us through the important aspects of the Electricity (Rights Of Consumers) Rules, 2020.

In this video Vineet has discussed the changes in the legal landscape with the introduction of these rules in December last year. He also compares it with pre-existing legislations such as the Consumer Protection Act. He has also covered some of the technical aspects of the rules such as- the provision of mandatory gross metering for rooftop solar projects. The effect that these rules will have on the industry such as impact on distribution companies in the Roof top-Solar Industry. Further covering how it will impact Employment, Procurement and Construction Developers.

Introduction

Electricity has always been a concern for the people living all across the globe, as electricity is one of the significant resources that we require to sustain our lives in today’s era. With that, in India, Electricity Rules India were introduced to serve the basic needs of people.

Electricity Rules, 2020 and Rights of Consumer

After several rounds of discussion and thoughts, the ministry of power has issued electricity rules 2020 (rights of consumers) to make it easy for the consumers to accessibility of their rights

  1. New connections- This segment emphasis on the delayed billing and incorrect metering issues that have been there in the news for a very long time.
  2. Compensation to consumers- As history has been evident that consumers have faced “N” no. of difficulties; the ministry has now clarified that a particular compensation will be provided for the non-supply or interrupted electric supply.
  3. Online payment of bills- As online transactions have become a trend, bills of over Rs 1000 will be paid online, and consumers will be further incentivized for it.
  4. Consumer grievance redressal forum- The forums have been introduced for quick solutions to consumers’ problems, with 2-3 representatives of consumers at different levels.

The right of consumers in electricity rules 2020 is a clear indication of the responsibility of the power sellers to ensure seamless power connections for the consumers.

 

Certain obligations of DISCOM

  1. DISCOM is authorized to publish a detailed procedure for the grant of connection and other requirements related to the shifting of meters for several purposes.
  2. DISCOM is also now allowed to check meters within 30 days.

DISCOM is thus evidently responsible for the rights of consumers in the electricity rules, 2020.

The government has also recently launched a new scheme called’ Neighborhood Energy’ to fulfil the necessary needs. This scheme provides money to consumers so that they can save energy. The National grid companies, who are the primary power sellers, have designed it.

It aims to provide electricity to the homes in the neighbourhood and encourage other consumers to save energy.

In a way, the consumers are helped through this scheme as well as the energy providers.

The consumers and the power sellers should work in partnership to improve the environment and improve their efficiency in the electricity sector.

In this way, it will reduce the load on the environment and make it possible to generate more energy for the community.

Electricity suppliers are now using clean energy resources to generate electricity, and this is one reason why consumers are always happy when they hear such news.

The competition between the different suppliers helps to keep prices down to a certain level. However, consumers should check out the deals offered by other suppliers. They should always opt for those plans which are most feasible for them.

Conclusion

Understandably, the rights of consumers under the electricity rules 2020 have been prioritized. However, still, a lot depends upon the successful implementation of the regulations by the authorities.

The consumers and the power sellers should work in partnership to improve the environment and improve their efficiency in the electricity sector.

In this way, it will reduce the load on the environment and make it possible to generate more energy for the community.

Consumers should also keep an eye on the reviews given by other consumers to make the best decision.

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Registration of Medical Devices (DCGI) – In A Minute | Ritika Ganju

Recently the Registration of Medical Devices is introduced with licensing through simple e-based process. It will also increase the ambit of medical devices which come under regulatory control.

This will further affect the implications and procedure related to licensing and Registration of Medical Devices. The Registration is optional till October this year and after that it will become mandatory. The regulation will be under control of – Central Drug Standards Control Organization (CDSCO), The Drug Controller General of India (DCGI), India’s Drugs & Cosmetic Act and Rules (DCA)

Watch this LawWiser In A Minute Video powered by Phoenix Legal, where Ritika Ganju, Partner, Phoenix Legal, takes us through key highlights of this requirements. She also shares objectives and implications of new medical devices regulations.

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Role of Innovation & Intellectual Property Rights in Mitigating Climate Change

In this video Avani Shukla of #LawWiser takes you through climate change challenges and how proper innovation, technology and intellectual property rights can help us in providing practical solutions related to mitigating climate change.

We will also see how patents can provide better incentives for development of green technology.

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Model Tenancy Act, Siddharth Hariani – In A Minute

In absence of a model law, there are informal agreements with arbitrary clauses and often litigation arising out of disputes. The Union Cabinet has approved the Model Tenancy Act to streamline the process of renting property in India and aid the real estate sector.

 

Watch now #Inaminute Lawwiser video powered by Phoenix Legal where their Partner Siddharth Hariani quickly takes us through the highlights of the #ModelTenancyAct and how it impacts the rent control laws.

MODEL TENANCY ACT, 2021 – INTRODUCTION

 

In India, Tenants and landlords are usually involved in certain disputes, which are sometimes widened into massive disputes.

Model Tenancy Actors of today must work harder to maintain and improve their reputation amongst tenants. Tenants often feel cheated and taken advantage of by estate agents when the situation is not adequately monitored and controlled.

The best way to ensure that the agents are not preying on innocent and naive tenants is to appoint trustworthy Tenancy Service Providers who have all the necessary expertise and legal know-how.

It is straightforward for an agent to get away with selling properties to uninformed or even uninformed people about their rental services. There are several laws governing tenancies in India. The lease/landlord agreement has to be in favour of both parties.

 

More on model tenancy act (MTA 2021)

 

Various codes govern how a tenant can be handled legally. The government has made every effort to regulate the system’s working and has even stepped up with measures like the Minimum Income Law, which requires tenants to pay a certain amount as rent.

Model Tenancy Act 2021 or MTA has been now also introduced, which was necessary to curb this menace. They will help tenants to have peaceful and quiet living. As the lease is supposed to be for the benefit of both the landlord and the tenant, it is essential to make sure that it is well enforced.

The Model Tenancy Act, 2021 is applicable for both residential and commercial purposes.

In the Model Tenancy Act, 2021, much emphasis has been given to tenant and landlord rights. A quick review of some of the crucial rights for both parties are listed below:-

 

Rights of Tenant

  1. The first right of the tenant is to get receipt/bank acknowledgement for the payment of rent.
  2. To abandon the uninhabitable premises after giving 15 days’ notice to the landlord.

 

Rights of Landlord

  1. The first right of the landlord in the Model Tenancy Act, 2021 is to get the rent and other charges as per the tenancy agreement.
  2. Second is to inspect the premises for maintenance and reasonable cause.

 

On the same note, It is also the responsibility of the tenant to find out whether or not there has been some damage or irregularity within the premises. It will help them avoid paying for something that is not there.

In addition, it is the right of the tenant in the Model Tenancy Act 2021 to inquire about the condition of the property. Even if a property looks brand new, there may be damages that need repairs. The tenant should keep a record of all the relevant details.

Once you have identified all the issues and given a detailed description of what is wrong with the property, you must raise these matters with the owner. If you are dealing with a big property, speak to the owner in person.

 

Conclusion

The act, therefore, attempts to clear the disputes between the parties in a pretty speedy way. However, the state union territories have to adopt the law to apply to them to incorporate the changes further. Therefore the law must not be consistent for the whole country.

The Model Tenancy Act, 2021 is thus not a magic pill, but it will take successful implementation to succeed with the act.

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