March 27, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
COMPETING IN DIGITAL MARKETS: THE REPORT OF THE COMMITT...
The Ministry of Corporate Affairs set up the Committee on Digital Competition Law ("Committee") on February 6, 2023 in order to evaluate the need for an ex-ante regulatory mechanism for digital markets in India, reviewing the current provisions of the Competition Act, 2002 ("Competition Act"), assessing whether they are sufficient to deal with challenges that have emerged from the digital economy, and evaluating whether a separate legislation to regulate digital markets is needed. ......
March 13, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
MCA Establishes Central Processing Centre to Process E-...
On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ......
March 6, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Certifying a Bold New Future: The Draft Cinematograph (...
The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same....
February 28, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Unveiling India’s Space Potential: A New Dawn for...
On February 21, 2024, the Union Cabinet made a historic stride by sanctioning a groundbreaking revision to India's Foreign Direct Investment Policy ("FDI Policy") in the space sector. This pivotal decision marks a significant departure from India's traditional stance, signaling a bold shift towards leveraging private investment and expertise to drive the nation's space aspirations forward. ......
February 21, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Amendment of the CIRP Regulations to Streamline the Ins...
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ......
February 14, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Think Before You Retweet: Delhi High Court’s Ruli...
In a recent Delhi High Court judgement , the Court laid the foundational stone on the jurisprudence of retweeting and whether it amounts to 'publication' for the offence of defamation under Section 499 of the Indian Penal Code, 1860 ("IPC"). It was held that every retweet of defamatory imputation would ordinarily amount to 'publication' under Section 499 of the IPC, and it is ultimately for the person so aggrieved to decide as to which retweet caused more harm to his reputation, and inter alia lowered his moral or intellectual character or his credibility among the members of society. ......
February 7, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Between the ‘Abyss of Unrestrained Power’ and the ‘Heav...
On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ......
January 31, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Director of a Company Cannot Be Made a Party to Arbitra...
Subsequent to the Supreme Court's judgment in the case of Cox & Kings Ltd. v. SAP India Pvt. Ltd (discussed here) pertaining to the 'Group of Companies' doctrine, the Delhi High Court ("Court"), in the case of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. ("Vingro Case"), has opined on the applicability of the group of companies doctrine to the directors of a company and adding directors as a party to arbitration. ......