Kavitha Gupta's blog

  Criminal Breach of Trust vs. Cheating: Decoding the Confusion By  Nikhil Varshney ,  Kartik Sharma  &  Rishita Khandelwal  on  August 29, 2024 Introduction Offences such as cheating and criminal breach of trust are often invoked in Indian criminal law system. It is common practice that when a First Information Report (“ FIR ”) is registered under Section 406 of the Indian Penal Code, 1860 (“ IPC ”) (Section 316 of the Bhartiya Nyaya Sanhita, 2023 (“ BNS” )) for criminal breach of trust, the same is also registered under Section 420 of IPC (Section 318 of BNS) for cheating. This practice is on account of a long-drawn confusion between the two offences, wherein the two are often equated and thus understood as offences with similar ingredients. In a recent ruling of the Hon’ble Supreme Court in  Delhi Race Club (1940) Limited v. State of Uttar Pradesh , Criminal Appeal No. 3114 of 2024 (“ Delhi Race Club case ”), the Apex Court dealt with it in...

Private sector could face scrutiny after US software company reveals it wined and dined NDIA officials  Parliamentary report finds agency officials also failed to declare gifts and outings paid for by IT firm Salesforce.   The potential “inappropriate cultivation” of government officials by the private sector could soon be under the microscope after US software company Salesforce revealed it wined and dined NDIA officials on at least 118 instances before, during and after the signing of a multimillion-dollar software contract. A parliamentary audit committee has recommended the federal government look into a number of contracts between the public service and major IT companies to see whether the behaviour is more widespread. The committee also noted the agency in charge of the national disability insurance scheme failed to publicly declare the ritzy outings with Salesforce officials. The final report on contracting arrangements at the NDIA and Services Australia, releas...

  Lawtons Africa Jun 9, 2023 4 min read Influencers in the workplace: Can promotional work on social media be regarded as moonlighting? Author: Andile Mphale– Candidate Attorney Supervised by: Lavery Modise– Consultant https://www.lawtonsafrica.com/post/influencers-in-the-workplace-can-promotional-work-on-social-media-be-regarded-as-moonlighting The use of social media has many benefits; one of them being the creation of work and income opportunities, such as doing promotional work on social media. Promotional work on social media has also given rise to the term “influencer”. An influencer is someone with a substantial following or a notable online presence, who can influence potential consumers into purchasing a product or service through social media endorsements or recommendations and receive a reward for that. There are influencers who do promotional work on social media on a full-time basis and make a living from it. There are also influencers who do promotional work on social...