“As Is Where Is Basis”- Judicial Interpretation under SARFAESI Act, 2002
– R. Srinivas

Secured creditor shall recover the debt by way of sale under Section 13 (4) of SARFAESI Act, 2002. Generally the assets are sold on "as is where is" and as is what is" basis and while effecting sale by inviting tender from public or holding public action, the details of the encumbrance known to the secure creditor are declared/furnished to the public at large. While interpreting Rule 8(6) of Security Interest (Enforcement) Rule, 2002, the Bank/Financial Institution is imposed with the accountability to conduct due diligence/make thorough search on the assets before the sale. The plea of ignorance of the knowledge of encumbrance on the assets sold on the pretext of "as is where is" is no longer an acceptable argument in the light of the judicial interpretation. 

Protection of Databases: An Analysis of the International Scenario and the Indian Position - The Road Ahead
– Mridushi Swarup

Need for protecting database is a major issue both under International and Indian Laws. Multi-party Treaty which incorporates both the US and European models are needed for regulating the legislative framework regarding protection of database. This Article lays down the importance of the need of comprehensive legislation for the protection of database.