Admitted Without Permission Imagine a civil dispute where one party produces a ChatGPT-generated chronology of events and tenders it as documentary evidence. Or a criminal trial where AI-enhanced CCTV footage is placed before the court to identify the accused. Does the court admit it? Under what standard? And who, exactly, vouches for its accuracy? These […]
The Witness Nobody Swore In Read More »
III. Passing Off and Safe Harbour: A problematic Immunity In the absence of a clearly applicable remedy under the TMA, 1999, the common law remedy of passing off merits consideration. The classic trinity established in Reckitt & Colman v. Borden, 1990, of goodwill, misrepresentation, and damage, fits well in brand impersonation. A synthetic advertisement that
Consider the following scenario. A brand manager at a well-known consumer goods company. One morning, a colleague sends him a link. It’s a sixty-second video with slick production values, in which the company’s logo sits prominently on a product that the company has never manufactured, their trademarked jingle plays in the background, and a
Introduction The rapid proliferation of digital platforms intermediating access to professional services has tested the boundaries of regulatory frameworks designed for a pre-digital era. In the context of legal services, this test is now acute in a specific, litigated sense. A distinct category of platform has emerged — entities that connect individuals seeking legal assistance
BACKGROUND About one in every three urban shoppers in India uses quick commerce for primary grocery shopping. While adoption of quick commerce and other e-commerce platforms has evolved rapidly, the regulatory oversight may be lagging behind. The users may have observed certain features being introduced lately such as apps showing number of drivers that have
Shedding Some Light: Emerging Dark Patterns Read More »
INTRODUCTION Imagine receiving a video call from a person dressed in a police uniform, displaying what appears to be an official warrant bearing your name, and being told that you are under ‘digital arrest confined to your home until you pay a sum of money to avoid criminal charges. This is not a scene from
Abstract In recent years, the role of Authorised Persons (“AP”), who are individuals appointed by stock brokers to source and service clients has expanded in India’s broking industry. However, several cases have shown unchecked activities by APs that threatened market integrity, besides causing reputational damage to brokers due to the immunity from liability enjoyed by APs.
Caring Those, who Share– The Need for Structured Oversight of Authorised Persons Read More »
WHAT IS REINSURANCE Reinsurance is an insurance that an insurance company (i.e. the reinsurer) provides to another insurance company (i.e. the cedent or primary insurer) to protect it against the financial risk of large or unexpected claims. A typical reinsurance agreement between a general insurance company and a reinsurer, serves as a risk-distribution mechanism, wherein
GIC’s WAY OR THE HIGHWAY: IS THE REINSURANCE SECTOR ANTITRUST COMPLIANT? Read More »
Introduction When the climate crisis lands in the courtroom, Indian judges are increasingly being asked to decide not only questions of law, but also the direction of the country’s climate policy. From Delhi’s air pollution to the issue of mining in the Aravalli hills, petitioners now frame environmental damages as violations of fundamental rights, pushing
Introduction A recent incident came to light when a husband demanded a virginity test of his wife in a matrimonial litigation. Though the Court rejected the application, relying upon several precedents that have already settled the irrelevancy of such a test, the lingering concern still remains as to why such a test is demanded in today’s modern-day Indian society. When
Virginity Test: A Shameful Demand Read More »
