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Ghaziabad Development Authority Vs.Union of India and Anr.

Citation: AIR 2000 SC 2003 Facts GDA, though informed the plaintiffs about the allotment of plots to them, yet even after more than considerable time had elapsed, never conveyed the property to them. Latter approached MRTP Commission which granted them not only amount paid by them to the defendants for the possession of the plot alongwith…

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F.T. Kingsley vs. The Secretary Of State For India

Citation: 72 Ind Cas 270 Facts Plaintiff obtained a license to catch elephants from the Deputy Commissioner for two years; however, the sanction of the government was not obtained by the plaintiff till 15 days had elapsed, secondly, officers wrongfully denied to accept the prescribed royalty and transit passes were not issued to him, such…

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Do you have a right to request search engines to remove your personal data, i.e. Right to be Forgotten?

Have you ever thought about your “right to be forgotten”, which means, can you delete your personal data from the web? Though the question sounds simple, and in India, perhaps, never-heard-of, the issues has generated never-ending debate worldwide.

Tax Implications on Issuance of Compulsorily Convertible Preference Shares /Convertible Preference Shares

The issuance of Compulsorily Convertible Prefernce Shares (“CCPS“) and Convertible Preference Shares (“CPS“) and conversion thereof can give rise to two kinds of taxing events for the company issuing such shares. First is when the preference shares are simply redeemed either a higher market value or lower market value. Second is when such preference shares…

Requirements for Foreign Investment in NBFCs under RBI’s latest Master Circular, 2014

RBI Master Circular on Foreign Investment in India dated July 1, 2014 (“RBI Master Circular”) which lays down the legal requirements for foriegn direct investment in Non-banking Financial Companies (“NBFCs“).  As per this Master Circular, foreign investment into Non-Banking Finance Companies is allowed to the extent of 100% under the automatic route in only the following activities,…

DASHRATH RUPSINGH RATHORE Vs. STATE OF MAHARASHTRA

Citation: MANU/SC/0655/2014 Decided On: August 1, 2014 Key Words: Territorial Jurisdiction, Section 138, Negotiable Instruments Act, Dishonour of Cheque, Cheque Bouncing Issue: Court’s territorial jurisdiction regarding criminal complaints for dishonour of cheque under the Negotiable Instruments Act (“Act“). Significance: The present case strikes a discordant note on certain aspects of territorial jurisdiction which have for long been considered settled by earlier decisions…

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Internet and Privacy: Beware of the Trade-off

Sushmita Ravi & Vivek Verma Trading of Personal Information & Unsolicited Commercial Communications A recent judgement of the Delhi State Consumer Disputes Redressal Commission, which imposed an exemplary fine of Rs. 75 lakh on Airtel, the Cellular Operators Association of India (COAI), ICICI Bank and American Express Bank, on a complaint of consumer harassment by…

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DATA PROTECTION & INFORMATION SECURITY IN INDIA

Sushmita Ravi & Vivek Verma Data Protection under the Information Technology Act, 2000 (the “Act”) As per Section 43 of the Act, if any person without taking permission from the owner or any other person who may be incharge of a computer, computer system or computer network (collectively “Computer”) accesses or secures access to such…

RAMESHCHANDRA AMBALAL JOSHI Vs. STATE OF GUJRAT AND ANR.

Citation: 2014 (2) SCALE 515 FACTS: Rameshchandra Ambalal Joshi (Petitioner) had taken a loan of Rs. 1,00,000/- (Rupees one lac only) from the respondent. The Petitioner issued a cheque dated 31st of December, 2005 towards repayment of the loan. The cheque presented for payment by the complainant on 30th of June, 2006 was dishonoured on the…

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Phishing

Oxford English Dictionary added “Phishing” to its latest publication making it a definitive word of English Language. It defines “Phishing” as: “the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, online.” According to the Annual Report…