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AQUILAW > Firm Profile

AQUILAW is a leading full service law firm working at the intersection of corporates, governments, technology and business, and having offices in Kolkata, Delhi and Mumbai. Its office in  Delhi comprises a robust team of 3 partners and 14 lawyers.

AQUILAW combines years of specialised experience with sound legal advice, and offers customised solutions to suit business challenges. We believe that understanding the business environment and overall objective of the client is pivotal towards providing effective legal services. We care about the quality of our services, the strategic interests of our clients, the eventual success of transactional objectives and above all, the lasting relationships that are forged through such successes.

AQUILAW specialises in industry sectors, as well as in corresponding practice areas for optimal utilisation of resources to design bespoke resolution packages driven towards long term goals of its clients. Our main practice areas include alternative dispute resolution, general and commercial litigation, civil and criminal litigation and competition law.

AQUILAW’s mission and vision:

• To provide our clients with a focused approach to effectively resolve their issues in a timely manner to ensure more value for the clients as well as the business
• To keep ourselves acquainted with legal, commercial and technological developments for delivering efficient solutions
• To stay ahead with an innovative outlook to problem-solving for providing personalized and valuable service to our clients
• To strive to contribute and make ourselves accessible to the society, beyond our business
• To remain committed to our ideology of providing quality, world-class legal and client services;
• To hire and retain exceptionally talented lawyers who possess outstanding academic and personal achievements; and
• To continually imbibe within ourselves the principles of strongest integrity, discipline, professionalism and respect for our work and our clients.

Legal Developments

Shaping Investment Horizons: Liberalisation of FDI Policy in the Space Sector

8th March 2024 Foreign direct investment (FDI) in the space sector has so far been permitted only in respect of establishment and operation of satellites under the Government Approval route.

Interim Budget FY 2024-25

6th February 2024 A. Setting the context  The year 2024, being the year for the Lok Sabha Elections, the Hon’ble Union Finance Minister, Ms. Nirmala Sitharaman presented the Interim Budget of the Government of India for FY 2024-25.

FINDING “CONSERVATION” IN FOREST (CONSERVATION) AMENDMENT BILL, 2023: AN ANALYSIS OF PROPOSED AMENDMENTS TO THE PRINCIPAL ACT AND THEIR ECOLOGICAL IMPACT

11th August 2023 A. Introduction We couldn’t agree more with Franklin D. Roosevelt when he said, “A nation that destroys its soils destroys itself. Forests are the lungs of our land, purifying the air and giving fresh strength to our people.” The principles of conservation and forestry have been part of human civilization through the centuries and are embodied in ancient texts such as Aranyakas, Upanishads, and Smritis while also finding a place in modern international conventions such as Kyoto Protocol. These principles have been encoded by the Indian Parliament in the Forest (Conservation) Act, 1980 (“Principal Act”), which essentially regulates the use of forest land for non-forest purposes. Forwarding to the year 2023, the Ministry of Environment Forest and Climate Change (“MOEFCC”) proposes to amend the Principal Act, and the reasoning given by the Ministry is that the Act needs to be brought to speed with the changing ecological conditions, achieving net zero emission targets and matching the aspirations of the people. The Parliament, amidst the opposition clamour and unenthusiastic “ayes” passed the Forest (Conservation) Amendment Bill, 2023 (“the Bill”), without any amendments. It is now imperative to analyze these amendments against the backdrop of overall environmental impact. B. Historical Timeline of Forest Legislations

• Indian Forest Act, 1865- Authorised the Government to declare any forest land as Government land.
• Indian Forest Act, 1927- consolidates the laws regarding forests, to regulate timber and other forest produce.
• 42^nd Constitutional Amendment,1976 - Transfers “forest” from State List to Concurrent List.
• The Forest Conservation Act, 1980- Act was enacted to prevent deforestation and diversion of forest land.
• 1996- Hon’ble Supreme Court pronounced its judgment in the case of N. Godavarman Thirumulpad v. Union of India[1] spelling out the applicability of the Forest Conservation Act, 1980
• Forest (Conservation) Rules, 2003- Rules enacted to regulate the Forest (Conservation) Act, 1980.
• Forest (Conservation) Bill, 2023- A bill to amend the Forest (Conservation) Act, 1980.

C. Key Amendments which are Proposed to be Brought by the Bill  Amendment to the Preamble and Short Cause Title of the Act Clause 1 of the Bill seeks to add a Preamble to the Principal Act to keep the provisions of the Act in tandem with the dynamic changes in the ecological, strategic, and economic aspirations of the country.[2] The Preamble sets out the object of the Act as follows:

1. 1. Enabling achievement of national targets of Net Zero Emission by 2070 to maintain/enhance the forest carbon stock for sustainable development;
   2. Creating a carbon sink of an additional 2.5 to 3.0 billion tons of CO₂ ;
   3. Improving forest and their biodiversity, national and ecological security;
   4. Increasing forest and tree cover to 1/3^rd of the country’s land;
   5. Providing livelihood to forest-dependent communities.

The proposed Preamble is not in consonance with the Amendments which are proposed to be brought to the Principal Act. Though the Preamble sets out the Nobel vision of the Government, the proposed amendment in the act may lead to serious ecological imbalances (discussed in the subsequent part of the newsletter). Conclusively, the noble vision of the Preamble is futuristic and needs more clarity, it shuts its eyes to the ongoing deficiencies in the present system. The bill further seeks to amend the short cause title of the Act as “Van (Sanrakshan Evam Samvardhan) Conservation Adhiniyam” which roughly translates to “Forest (Conservation and Augmentation) Act”.[3] Howbeit, the proposed name neither adds any value to the statute nor serves any purpose to the scope and objectives of the principal Act. Further, the proposed amendment in the short cause title is non-inclusive as it leaves out the vast tracks of the population both in South India and North East India.[4] Amendment to the applicability of the Act As mentioned earlier, Indian Forest Act, 1927 was the first legislation which has consolidated the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. During pre-independence era, besides the local Acts, majority of forests were being managed and protected under the provisions of the Indian Forest Act, 1927[5]. After independence, between 1950 to 1980, about 45 lakh hectares of pristine natural forest land was diverted for Non-forestry purposes by the various State / Union Territory (UT) Governments[6]. The Parliament taking cognizance of such deforestation enacted the Forest (Conservation) Act, 1980 with the object to regulate large-scale deforestation which has caused ecological imbalance and led to environmental deterioration[7]. However, the applicability of the Act was not laid out explicitly, therefore as a general practice the State Governments, Union Territory Administrations and Central Government used to apply the provisions of the Principal Act only to the forests notified under the Indian Forest Act, 1927 or any other local law, and to forests which were under the management control of the Forest Department[8]. Owing to the misconception about the scope and applicability of the Act, the Hon’ble Supreme Court of India in T.N. Godavarman Thirumulpad (supra)[9] laid down that the provisions made in the Act for the conservation of forests and for matters connected therewith must apply to all forests irrespective of the nature of ownership or classification thereof, not only that but the provisions of the Act was made applicable to:

1. 1. All forests irrespective of the ownership or classification thereof;
   2. The word forest must be understood according to its dictionary meaning, i.e. a large area of land covered with trees and plants;
   3. Any area recorded as forest in the Government record irrespective of the ownership;
   4. The Hon’ble Apex court had also set up an expert committee which identified the forests in the States and submitted its report in 1997.

Four decades after the passing of the initial Act MOEFCC proposes to amend the Principal Act to clarify the scope and applicability of the Act. The amendments are proposed with the object to facilitate economic growth, rehabilitation, and development of strategic infrastructure, it attempts to overturn the judgment of the Hon’ble Supreme Court by excluding private and non-forest lands from the applicability of the Principal Act. As per Clause 4 of the Bill, the applicability of the Act would be limited to:

1. 1. Land which has been declared or notified as a forest under any law for the time being in force;
   2. Land which is recorded in the Government Records as forest as on or after 25^th October 1980 (date of the enforcement of the Principal Act).

However, the following land would be excluded from the applicability of the Act:

1. 1. Land which has changed use for non-forest purposes on or before 12^th December 1996 [date of the Hon’ble Supreme Court’s Judgment in T.N. Godavarman (supra)] in pursuance to any order by any authority;
   2. Forests situated alongside a rail line or a public road which provide access to a habitation, or to a road and roadside amenity up to a maximum size of 0.10 hectare in each case;
   3. Any tree and plantation which has not been raised in the forest land;
   4. Any forest land which is situated within a distance of 100 Kilometers along the international borders proposed to be used for security purposes;
   5. Any forest land, upto 10 hectares proposed to be used for defence infrastructure;
   6. Forest land not exceeding 5 hectares in Left Wing extremism affected areas which are proposed to be used for defence infrastructure, camp for paramilitary forces or public utility projects.

The reasoning given for exclusion is to provide better accessibility to the habitats and to ensure strategic and national security. However, we cannot lose sight of its impact on the ecology, as a major part of the land will fall out of the regulation envisaged in the Principal Act which may further lead to diversion of forest land. Therefore, at this stage, it is imperative to lay down the ecological impact of the proposed amendments:

1. 1. Exclusion of major forest land: The Bill proposes to limit the applicability of the Principal Act to areas which are notified or recorded as forest. As per the latest FSI’s “India State of Forest Report” (2021), out of the total forest area of 7,75,288 sq.km. of India, 1,20,753 sq.km. are categorized as Unclassed Forests. Thus, Unclassed Forests account for approximately 15% of India’s total forest cover, and in some States and Union Territories, Unclassed Forests are a massive portion of their total forest cover[10]. Further, in various states major forest lands are not recorded as forest and no proper land records are maintained, this will lead to unnecessary conversion of forest land which will ultimately lead to ecological imbalances.
   2. Large forest cover in the northeast region will fall under exemption: Total Forest cover in the North Eastern region is 1,69,521 sq km, which is 64.66% of its geographical area[11]. The region falls under Indo-Burma Biodiversity Hotspot which is one of the richest areas in terms of gene pool diversity in the entire world, it may no longer be considered a forest. The Bill exempts any forest land which is situated within 100 Kilometers along the international borders proposed to be used for security purposes, which will lead to heavy deforestation in the northeast region. Further, given the peculiar shape of the Northeast except Assam all states will be excluded.
   3. Non-consideration Forest Dweller’s Rights: The Forest Rights Act (“FRA”), 2006 was enacted to recognize the rights of the forest-dwelling tribal communities and other traditional forest dwellers to forest resources[12]. The definition of forest land under Forest Rights Act, 2006 includes unclassified forests, un-demarcated forests, existing or deemed forests, protected forests, reserved forests, sanctuaries, and national parks[13]. However, the present Bill fails to make any reference or exception to FRA, leaving room for possible conflict between the Rights of the Forest Dwellers and Rights of the Government to exploit forest land for economic and security activities.
   4. Legalizes diversion of forest lands between 1980 to 1996: Proviso given in Section 1(A)(1)(b) legalizes the diversion of forest lands between 1980 to 1996. Various stakeholders have objected to such legalization stating that in the past, forest land has been converted for several non-forest uses like plantation of cash crops, infrastructure development, mining leases, etc. The Principal Act mandates that any such diversion of forest lands or the extension of leases over such areas requires proper prior approval. Exempting the spectrum of these activities for obtaining forest clearances will not comply with the Principal Act's conservation objectives[14].

Amendments to activities which are permitted on the forest land As per Section 2 of the Principal Act, forest land for non-forest purposes can only be used after the approval of the Central Government, however, this does not include work relating or ancillary to conservation, development and management of forest and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, damns, waterholes, trench marks, boundary marks, pipelines or other purposes (“exempted category”). The Bill now proposes to amend the section and add the following activities under the exempted category such as the establishment of Zoo, Eco-Tourism, Tiger Conservation Plan, Wildlife Management Plan, Safari, Sanctuaries, establishment of check-posts and infrastructure for the front line forest staff, Silviculture, or any other like purpose as prescribed by the Central Government and these establishments will be permitted by the Central Government. Further, the insertion of Clause 2 in Section 2 of the Principal Act also declares that any survey, such as reconnaissance, prospecting, investigation, or exploration including seismic survey, shall not be treated as non-forest purpose, and shall be allowed upon the discretion of Central Government on specific terms and conditions. The Bill overlooked that these above activities are potentially destructive for the ecosystem as it will not only commercialise the forest land but also affect the rights of the Forest Dwellers which are protected under FRA, 2006. The allowance of exempted activities tends to cause ecological imbalance and will cause following impact on the environment:

1. 1. Dispensation to Zoos and Safari may lead to concrete structures and road networks in the forest areas;
   2. Privatisation of these activities will interest the private corporations which will prioritise profit generation over environmental protection;
   3. The proposed provision is likely to create a new system of commercial ecology;
   4. Inclusion of zoos, safaris, and ecotourism facilities can be potentially destructive and come at the cost of native vegetation and wildlife habitat because there are endemic species, which are very important and these have to be protected.

As enumerated above, the exempted activities have the potential to cause serious disturbance to natural habitat. The Amendments further give power to Central Government to specify any other like activity to be carried out in the forest land which will open the floodgates. In our opinion, this amendment needs serious revisit, if any activity is exempted it should be clearly defined and should be permitted so long as it is in tune with the natural ecology. Amendments giving more authority to the Central Government Originally the “Forest” was a subject in the List-II (State list) of the Constitution, however in the year 1976 it was included in the List-III (Concurrent List) vide 42^nd Constitutional Amendment, 1976, thereby making the administration of the forest a federal subject. As a word of caution, it may be noted that “forest” is not a Central Subject, however, certain provisions of the Bill give overriding and sweeping powers to the Central Government, same is enumerated hereinbelow:

1. 1. Central Government may exempt any activity to be carried out in the forest land relating to construction of defence related project or a camp for paramilitary forces or public utility projects in a Left-Wing Extremism affected area, which will also be notified by the Central Government[15];
   2. The Bill gives power to Central Government to exempt any activity in the forest land[16]
   3. The Central Government has power to issue direction to the State Government for the implementation of the Act[17]

Conferring such one-sided powers upon the Central Government is not only arbitrary but is also bound to create disputes between the two organs of the Federation, as it is the States which maintain most of the forests except certain national reserved forests. Further, under clause 6 of the Bill absolute power has been provided to the Central Government to issue direction to State Government for implementation of the Act. The said clause gives unfettered powers to the Central Government which will affect the policy decisions and schemes of the State Government adopted for the conservation of Forests. Conclusion It is undeniable that the object which the Bill seeks to achieve is crucial, however, the Bill falls short of realizing the aims of net zero emission, increasing forest tree cover, carbon neutrality etc. The current Act, further supplemented by the Orders of the Courts, is a strong piece of legislation and requires no amendment but better effective implementation. It is interesting to note that after the enforcement of the Act and Implementation of National Forest Policy, 1988, the Forest Cover of the nation has increased from 6,39,182 sq. kms. which is 19.44 % of the total geographical area of the country in 1991 to 7,13,789 sq km which is 21.71% of the geographical area of the country in 2021. To achieve the goals set out by India in various international fora it is imperative that we have a strong conservation policy at place. Thus, the amendments which the Bill seeks to bring require revision after considering the suggestions by various stake holders.

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Authors: Shreyas Awasthi and Ripul Swati Kumari 10th August 2023

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Footnotes [1] T.N. Godavarman Thirumulpad v. Union of India, (1997) 2 SCC 267 [2] Report of Joint Committee on the Forest (Conservation) Amendment Bill, 2023, Seventh Lok Sabha. [3]Lok Sabha passes Bill to let forest land be used for strategic needs, Indian Express, (Jul 27, 2023 05:12), https://indianexpress.com/article/india/lok-sabha-nod-forest-conservation-amendment-bill-8861270/ [4] Report, Supra Note 2 [5] Ibid [6] Ministry of Environment, Forest and Climate Change, Minister of Environment an Forests’ statement regarding steps taken by the Government for regularizing forest land being cultivated by the farmers in Lok Sabha, Press Information Bureau, May 10, 2005 [7] Statement of Objects and Reasons, the Forest (Conservation) Bill, 1980 (Bill no. 201 of 1980). [8] Consultation Paper on Proposed amendments in the Forest (Conservation) Act, 1980, Ministry of Environment, Forest and Climate Change Government of India, October 2021. [9] T.N. Godavarman Thirumulpad, Supra Note 1 [10] Report Of The High-Level Working Group On Forest (Conservation) Bill, 2023, VIDHI Centre for Legal Policy. [11] Forest Survey of India (Ministry of Environment Forest and Climate Change), Government of India, India State of Forest Report, 2021. [12] Preamble, The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. [13] The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Section 2(d), § 2(d), No. 2, Act of Parliament, 2007. [14] Report, Supra Note 2 [15] The Forest (Conservation) Amendment Bill, 2003, Clause 4(2)(c)(iii). [16] The Forest (Conservation) Amendment Bill, 2003, Clause 5(II)(viii). [17] The Forest (Conservation) Amendment Bill, 2003, Clause 6.

Default Bail – An Introduction and Analysis

4th August 2023  Introduction Default bail, also known as statutory bail, is a species of bail which accrues as a right to an accused detained in custody,

Enforceability of Arbitration Clause in an Unstamped Agreement

4th August 2023 Background A five-judge bench of the Hon’ble Supreme Court in M/s. N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors.,

Key Highlights of the 50th GST Council Meeting

12th July 2023 The 50th meeting of the Goods and Services Tax (GST) Council was held on 11th July 2023 in New Delhi. The GST Council inter-alia made certain recommendations relating to GST tax rates, measures for facilitation of trade and measures for streamlining compliance in GST. The key changes of the 50th GST Council Meeting are as under:

Can provision under the Customs Act, 1962 restrict Input Tax Credit under the Central Goods and Services Act, 2017?

5th July 2023 Exports play a pivotal role in a country's economic growth and development, serving as a crucial driver of foreign exchange earnings and employment generation.

Default Bail – An Introduction and Analysis

14th June 2023 A. Introduction Default bail, also known as statutory bail, is a species of bail which accrues as a right to an accused detained in custody, when the police fail to or are unable to complete the investigation and file the chargesheet within the time frame stipulated under the law.

Enforceability of Arbitration Clause in an Unstamped Agreement

2nd May 2023 A. Background A five-judge bench of the Hon’ble Supreme Court in M/s. N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors., Civil Appeal No(s) 3802-3803 of 2020 recently settled a long-drawn debate regarding acting on unstamped arbitration agreements or agreements containing arbitration clause under the Arbitration and Conciliation Act, 1996 (“Act”).

Union Budget 2023-2024

17th February 2023 The Union Budget 2023-2024 comes when global uncertainties are rife. Barely had the pandemic receded, the war in Ukraine broke out in February 2022. Prices of food, fuel and fertiliser rose sharply. As inflation rates accelerated, central banks of advanced countries scrambled to respond with monetary policy tightening.

Confronting the Closet: An empathetic approach to Legal Recognition of Same-sex Marriages

11th January 2023 “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation.” - Justice Sharon L. Kennedy (Chief Justice of the Hon’ble Supreme Court of Ohio)

Buying a resale flat? Don’t let the society rip you off on transfer charges

9th December 2022 The amount they can charge is capped in many cities; you can go legal to avoid payment or even recover your money paid under pressure.

Can a Share Purchase Agreement be specifically enforced?

29th November 2022 A Share Purchase agreement is an agreement entered into between parties for sale of shares of a company. The same contains clauses governing the purchase and sale of shares by the purchaser from the seller. The same contains several conditions precedents, i.e. pre-requisites which have to be fulfilled before the shares are transferred. Accordingly, it contains clauses which allows parties to terminate the same either at the happening of a certain event (breach of the contract by either of the two parties, non-fulfillment of a condition precedent etc.) or without any breach of the contract.

THE HON’BLE SUPREME COURT’S RULING ON THE PREPONDERANCE OF THE COMMERCIAL WISDOM OF THE COMMITTEE OF CREDITORS IN WITHDRAWAL OF INSOLVENCY PROCEEDINGS.

15th August 2022

A. Setting the context

The preamble of the Insolvency and Bankruptcy Code, 2016 (the “Code”) makes the objective of the Code clear and unambiguous, by seeking to achieve reorganisation and insolvency resolution of corporate persons, partnership firms and individuals for, maximization of value of assets, promoting entrepreneurship; greater availability of credit and; balancing the interests of all the stakeholders, albeit in a time bound manner. Each provision of the Code was drafted keeping these principles in mind, and the introduction of this legislation was done with the aim of replacing the existing framework for insolvency which was visibly inadequate, ineffective and wrought with delays.

INCLUSIVITY IN THE REALM OF THE CORPORATE: AN ESG PERSPECTIVE FROM THE LGBTQIA+ LENS

6th July 2022

A. Background

In making sustainable investment decisions, a rational imperative is to comprehend the integration of environmental, social, and governance (ESG) factors into investment mechanisms and decision-making. The elements of ESG, which include, inter alia, the response of corporations to factors like climate change, corporate social responsibility initiatives, employee rights (including LGBTQIA+ rights), health and safety protocols, and fostering a corporate culture for building trust and innovation, encompass a plethora of issues which, though not forming part of traditional financial analyses, still hold economic relevance. ESG, with its quantifiable metrics, is an impact driven process aiding investors in taking informed decisions, cognizant of the impact their investments have in the larger environmental and socio-cultural context.

THE TROUBLING ASPECT OF UNBRIDLED ACCESS AND UNINHIBITED ‘MARITAL PRIVILEGE’ OF THE HUSBAND, THROUGH FORFEITURE OF THE WIFE’S BODILY AUTONOMY, SANS CONSENT

14th June 2022 Raveesha Gupta, Senior Associate, AQUILAW Ronodeep Dutta, Lead Consultant, AQUILAW 

WHETHER ‘SETTING ASIDE’ OF AN ARBITRAL AWARD UNDER S 34 OF THE 1996 ARBITRATION ACT, INCLUDES ‘MODIFYING’ SUCH AWARD?

29th April 2022 Swarajit Dey, Principal Associate, AQUILAW Ronodeep Dutta, Lead Consultant, Indirect Tax, AQUILAW Deeksha Agrawal, Associate, AQUILAW

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS ON NON-SIGNATORIES IN LIGHT OF THE GEMINI BAY CASE: THE COUNTER AND COUNTERPOISE

31st January 2022

The locus

No one sums it up better than Prof. William W. Park in his well-known treatise, Non-Signatories and International Contracts: An Arbitrator's Dilemma1 , “the term ‘non-signatory’ remains useful for what might be called ‘less-than-obvious’ parties to an arbitration clause: individuals and entities that never put pen to paper, but still should be part of the arbitration under the circumstances of the relevant business relationship…the expression remains potentially misleading, suggesting that a lack of signature in itself reduces the validity of an arbitration agreement. Most significantly, the fact that a ‘non-signatory’ might be bound to arbitrate does not dispense with the need for an arbitration agreement. Rather, it means only that the agreement takes its binding force through some circumstance other than the formality of signature”.

PERSONAL DATA PROTECTION: NEW EU GDPR STANDARD CONTRACTUAL CLAUSES

18th January 2022 Sucharita Basu, Managing Partner, AQUILAW Ronodeep Dutta, Lead Consultant Indirect Tax, AQUILAW

KEY AMENDMENTS UNDER GST LAW, VIDE FINANCE ACT 2021, APPLICABLE FROM 01 JANUARY 2022

18th January 2022 Rajarshi Dasgupta, Head of Indirect Taxes, AQUILAW Vedika Agarwal, Consultant Indirect Tax, AQUILAW

ARE SOCIAL MEDIA COMPANIES ‘INTERMEDIARIES’? ONE’S SYLLEPSIS IS ANOTHER’S DILEMMA

18th January 2022 Ronodeep Dutta, Lead Consultant, Indirect Tax, AQUILAW Fatima Anwar, Associate, AQUILAW

EMERGENCY ARBITRATION – A RECAP

18th January 2022 Vikas Mehta, Partner, AQUILAW Kritika Sethi, Senior Associate, AQUILAW

EU is deluged with statutory fines: Corporates in India behold your raingears!

9th November 2020  Sucharita Basu, Partner, AQUILAW Ankit Chhaparia, Associate, AQUILAW   Data protection and privacy issues have a major impact on all business and industry sectors, across the globe. Privacy laws are continuously evolving, vary by jurisdiction, and are interpreted unpredictably. Even a well-meaning company can make a false step as it captures, accesses, uses, transfers, and/or discloses personal information. In a follow-up to the General Data Protection Regulation, 2018 (“GDPR”), which was made effective on 25 May 2018, the national Data Protection Authorities (“DPAs”) in the European Union, have levied significant fines inter alia on body corporates for breach of their obligations under the GDPR. Few illustrations of the fine(s) levied by the DPAs in the month of October are provided herein below:

HIRA & GST Issues on Cancellation of Units

22nd October 2020 Rajarshi Dasgupta, Executive Director & Head of Taxes, AQUILAW Swarnali Chanda, Senior Associate, AQUILAW

Right to Informational Privacy vs. Right to receive Benefits: The Intricacies of the Aadhaar Battle

10th January 2020 right_to_informational_privacy_vs._right_to_receive_benefits_the_intricacies_of_the_aadhaar_battle

CROWDFUNDING IN INDIA

9th January 2020 crowdfunding_in_india

THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018: AN EFFECTIVE RESTRAINT OR A SIMPLE ENABLER?

9th January 2020 the_prevention_of_corruption_amendment_act_2018-_an_effective_restraint_or_a_simple_enabler

An analysis of Rule 36(4) – ITC availment under the new mechanism

7th January 2020 an_analysis_of_rule_364__itc_availment_under_the_new_mechanism

TAKEAWAY FROM THE ESSAR STEEL JUDGMENT

7th January 2020 takeaway_from_the_essar_steel_judgment

The Arbitration and Conciliation (Amendment) Act, 2019: A Step Forward?

7th January 2020 the_arbitration_and_conciliation_amendment_act_2019-_a_step_forward

AN OVERVIEW AND ANALYSIS OF SIGNIFICANT AMENDMENTS TO CERTAIN KEY LEGISLATIONS

7th January 2020 an_overview_and_analysis_of_significant_amendments_to_certain_key_legislations

An analysis of Rule 36(4) – ITC availment under the new mechanism

23rd December 2019 An analysis of Rule 36(4) – ITC availment under the new mechanism

Schemes of Compromise, Arrangement and Amalgamation: Recent Updates

23rd December 2019 Schemes of Compromise, Arrangement and Amalgamation: Recent Updates

THE CODE ON WAGES, 2019: THE FIRST LEAF OF THE PROPOSED LABOUR CODE

13th December 2019 Please click here for more information.