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Krishnesh Bapat

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18 February 2025

To modify or not: The peculiarities of the reference order

Why is Supreme Court determining whether courts under Section 34 can modify arbitral awards?

Categories Arbitration
14 February 2025

Does every state have a constitution?

Even totalitarian regimes have laws which establish institutions which exercise powers.

Categories Uncategorised
28 January 2025

The remedial consequences of torts and breach of contract

The primary remedy for breach of contract is damages, which are assessed by reference to loss suffered by the claimant. Why do proprietary tortious claims do not seek similar remedies?

Categories Private Law
2 January 2024

The Supreme Court’s Article 370 Judgment: On Representative Democracy – A Comparison with Miller 1

Supreme Court of India has chosen to defer to the executive, despite the constitutional requirement of involving the direct representatives of people of J & K.

Categories Federalism/Supreme Court
25 November 2023

Data Protection – If its public, its not personal #3

Section 3 of Digital Personal Data Protection Act excludes from its scope any personal data in public domain. This post points out that this undermines privacy.

Categories Data Protection/Technology Law
14 September 2023

Data Protection – DPDPA casts a wide net #2

In this second post in the series of India’s data protection legislation, I examine the territorial scope of the act.

Categories Data Protection/Technology Law
12 August 2023

Data Protection – Overview of DPDPA, 2023 #1

First post in a series on the Digital Personal Data Protection Act, 2023. In this post, I discuss the Good, the Bad and the Ugly of this significant legislation.

Categories Data Protection
24 July 2023

Monitoring Shutdowns – Kishtwar, Jammu & Kashmir (June 28, 2023) #3

Government of Jammu & Kashmir restricted internet services to 2G speeds in District Kishtwar on June 28. Unsurprisingly, the Confirmation Order raises more questions than answers.

Categories Monitoring Shutdowns
16 July 2023

Data Protection: The conspicuous omission of victim compensation in DPDPB, 2022

Central Government has discarded the provision which would have enabled data principals to seek compensation from fiduciaries. The Bill also proposes to omit Section 43A from the IT Act, 2000.

Categories Data Protection
7 July 2023

Ignoring grammar to undermine speech

The Karnataka High Court has upheld the practice of the Union Government to block accounts on Twitter without granting users a hearing.

Categories Intermediary Liability/Speech

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Recent Posts

  • To modify or not: The peculiarities of the reference order
  • Does every state have a constitution?
  • The remedial consequences of torts and breach of contract
  • The Supreme Court’s Article 370 Judgment: On Representative Democracy – A Comparison with Miller 1
  • Data Protection – If its public, its not personal #3

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