Publications

The Tamil Nadu Social Welfare and Women Empowerment Department, pursuant to Madras High Court’s directions, released a glossary of terms relating to the LGBTQIA+ community. The Madras High Court als...

The close of 2022 witnessed some key developments in the field of Intellectual property rights. A remarkable change was the increasing number of judgements where Courts started awarding high damages i...

The 48th GST Council Meeting held in December, 2022 under the chairmanship of the Union Finance Minister had many items on its agenda which among others also included some important clarification on s...

With the advancement in technology and e-commerce websites, there has been a rapid increase in sale of counterfeit products, identity fraud etc. Recently, the High Court of Delhi (“High Court”) in...

The Maharashtra Real Estate Appellate Tribunal in the recent case of Bijon Dhirendra Tatukdar & Anr v/s Dhruva Woolen Mills Pvt. Ltd held that it is the right of the allottees to seek refunds if the d...

The Ministry of Commerce and Industry, on December 08, 2022, provided certain significant relaxations to ensure that units in Special Economic Zones (SEZ) can allow their employees to work from home t...

The Standing Committee on Finance (“Committee”) recently tabled its report on the Competition (Amendment) Bill, 2022 (“Bill”) before the Lok Sabha (the lower house of the Parliament). The Comm...

‘Attitude bonus’ is being introduced by certain employers, retail enterprises in Andhra Pradesh can now remain open all days of the year, EPFO releases an SOP for settling claims of death, the Sup...

The Ministry of Electronics and Information Technology, on November 18, 2022, released the fourth iteration of India’s draft data protection law, the Digital Personal Data Protection Bill, 2022 with...

The Hon’ble Supreme Court of India in The Kerala State Coastal Zone Management Authority Member Secretary v. Maradu Municipality & Ors., prescribed certain responsibilities for homebuyers and ruled ...

The Securities Exchange Board of India has, through its notification released on November 21, 2022, made certain key changes to the disclosures on the ‘Basis of Issue Price’ section in the offer d...

Every two months, as our TMT team goes about handpicking updates that we want to discuss in the next volume of ‘The Recap’, one of the criteria that we keep in mind is whether a development is exp...

The Real Estate (Regulation and Development) Act, 2016 (“Act”) was introduced with an aim to regulate and promote the real estate sector and to establish an adjudicating mechanism for redressal of...

The manifold expansion of the digital space in terms of presence and activities of users, especially since the Covid-19 pandemic has resulted in paradigm shifts in the existing regulatory regime in In...

Recently, Hon'ble Maharashtra Real Estate Appellate Tribunal (“MREAT”) in the case of Dilip J Mehta vs. Akshar Developers & Ors., directed the Promoter to deliver possession of alternative units i...

The Securities Exchange Board of India has, in its meeting held on September 30, 2022, approved certain changes to the Securities and Exchange Board of India (Issue of Capital and Disclosure Requireme...

Korea Newsletter covers key legal, regulatory and policy updates from India for the quarter of July 2022 to September 2022

The year 2022 has been instrumental from the standpoint of Intellectual Property Rights. With numerous landmark developments in the field, the jurisprudence revolving around different aspects of IP ri...

Recently, The Maharashtra Real Estate Appellate Tribunal (MREAT) in Techno Drive Engineering Pvt. Ltd. Vs. Renaissance Indus Infra Pvt. Ltd has held that the provisions of Real Estate (Regulation and ...

INDUSLAW is a multi-speciality Indian law firm with over 50 partners and over 300 lawyers across four offices in Bengaluru, Delh...

The Reserve Bank of India vide its circular dated April 19, 2022, issued detailed guidelines regarding regulatory restrictions on lending in respect of NBFCs which has come into effect from October 01...

The government released the draft Indian Telecommunication Bill, 2022 for consultation on 21st September. INDUSLAW’s Namita Viswanath, Naqeeb Ahmed...

The early part of this year witnessed a plethora of key decisions from the Apex Court and certain High Courts in the field of arbitration. Addressing various interpretational issues, especially arisin...

Classification of a game as a game of skill or as a game of chance has a direct impact on the rate of goods and services tax and also the valuation of the said supply. Recently, one of the biggest dem...

The article aims to highlight the major changes brought in by the recent instructions published by the Central Board of Indirect Taxes & Customs regarding the arrest and prosecution provisions under t...

Rising temperatures, rising sea levels, floods and climate change in general has become a cause of global concern in the last decade. To combat climate change, the Government of India (“GoI”) has ...

Please find appended below Volume VII of INDUSLAW’s The Recap, a bi-monthly round-up of the latest developments in Media & Entertainment an...

Women employees in Haryana can now work during night shifts, shops and establishments in Punjab can remain open on all days of the year and the EPFO has finally provided guidelines with respect to the...

On August 22, 2022, the Government of India through the Ministry of Finance and in consultation with the Reserve Bank of India (“RBI”) notified the Foreign Exchange Management (Overseas Investment...

By way of its recent orders, the CCI has dismissed separate allegations of refusal to deal against Britannia and Parle and explicitly recognised selective distribution arrangements as a valid business...

The Karnataka High Court recently dismissed an appeal challenging the validity of the Karnataka Government’s order for increasing the retirement age of workmen from 58 to 60 years. The High Court, w...

Korea Newsletter covers key legal, regulatory and policy updates from India for the quarter of April 2022 to June 2022

The second quarter of the year 2022 has witnessed the announcement of several key initiatives and regulatory changes by the RBI; some of which have been hailed and welcomed by the industry while other...

The Central Government recently introduced the Competition (Amendment) Bill, 2022 (“Bill”) amending the provisions of the Competition Act, 2002 (“Competition Act”) in the lower house of the Pa...

In a world ripe with innovation but rife with the stress of finding tenable and lasting solutions, it appears that the time is right for acceleration of the development and adoption of electric vehicl...

In this newsletter, we look at certain key regulatory and judicial developments, from the recently concluded quarter, for the insurance sector in India, including key regulatory and other measures no...

The Ministry of Commerce and Industry, on July 14, 2022, issued the Special Economic Zones (Third Amendment) Rules, 2022, introducing regulations with respect to work from home arrangements. This rule...

INDUSLAW is a multi-speciality Indian law firm with over 50 partners and over 300 lawyers across four offices in Bengaluru, Delh...

The Hon'ble Supreme Court vide the recent Judgement pronounced on July 22, 2022, directed the Government to allow the registered taxpayers to file/re-file Form TRAN-1/TRAN-2 for the period between Sep...

As we reach the third quarter of 2022, we have witnessed no dearth of pathbreaking developments in the field of Intellectual property rights. One of the most noteworthy developments is that Supreme Co...

The article aims to highlight the steady expansion of the economic relations between India and Japan that has led to the development of Japanese Industrial Townships (“JITs”) to encourage investme...

With data leaks, ransomware attacks and other cyber security incidents becoming increasingly rampant, India's cybersecurity watchdog – CERT-In recently issued directions relating to information secu...

Please find appended below Volume VI of INDUSLAW's The Recap, a bi-monthly round-up of the latest developments in Media & Entertainment and Ga...

Onus of proof is always on the employee who alleges wrongful dismissal and claims back wages, to establish that the employee was not gainfully employed post the dismissal. An employee in a transferabl...

The 47 GST Council Meeting held during the last week of June 2022, announced a host of proposals which among others include rate rationalisations, certain withdrawal of exemptions, clarifications with...

In line with the trend of heightened scrutiny of prominent players in the digital sector, the CCI has directed an investigation against BookMyShow for its exclusivity and data gathering practices. Ind...

On April 21, 2022, the Reserve Bank of India issued the Master Direction – Credit Card and Debit Card – Issuance and Conduct Directions, 2022. The Master Direction gives a comprehensive set of ins...

Introduced with the objective of providing a cost effective means of verification and authentication of the identity of an individual, Aadhaar cards are now one of the most frequently used and accepte...

Recently, the division bench of Hon’ble Punjab & Haryana High Court in the case of Experion Developers Pvt. Ltd. vs. State of Haryana & Ors. has held that merely obtaining occupancy certificate befo...

Presenting Volume V of INDUSLAW's The Recap, a bi-monthly round-up of the latest developments in Media & Entertainment and Gaming laws from India, au...

After almost 2 years of a pandemic induced hiatus, the CCI has recently taken cognizance of gun-jumping and imposed penalties of INR 5 lakhs (approximately USD 6,600) and INR 15 lakhs (approximately U...

The Real Estate (Regulation and Development) Act, 2016 (“Act”) was introduced with an aim to regulate and promote the real estate sector and to establish an adjudicating mechanism for redressal of...

2022 began with several interesting decisions and developments. At the top of the list is the High Court of Delhi's efforts in establishing the Intellectual Property Division and enforcing their rules...

With the final quarter of the financial year 2021-2022 coming to a close, we note that the Indian fintech sector has witnessed strong growth amounting to a market size of United States Dollars 31 bill...

The financial year end mandates for some important activities to be carried out by organizations under the goods and services tax legislations for a smooth transition to FY 2022-23, and some of these ...

The year 2021 witnessed significant developments in the arbitration landscape in India, with several noteworthy decisions of the High Courts and the Supreme Court of India. In this inaugural edition o...

In this Employment Corner bulletin (December 2021 – February 2022), we discuss important judgments dealing with issues such as: (1) An employee can be dismissed based on the findings of disciplin...

The objective of this article is to highlight the legal backdrop governing manufacturing of Electric Vehicles (“EVs”) and its batteries and the process for approvals and certification of EVs and E...

Presenting Volume IV of INDUSLAW’s The Recap, a bi-monthly round-up of the latest developments in Media & Entertainment and Gaming laws from India,...

The Supreme Court of India on February 18, 2022 upheld the principles of natural justice, by holding that all information, which is relevant for any proceedings against an accused, must be disclosed p...

The Supreme Court clarified that the provisions of the Competition Act, 2002 are wide enough to enable the Competition Commission of India to conduct an inquiry into activities, such as, lottery relat...

Recently, Goods and Services Tax (“GST”) authorities have been conducting audits and issuing show cause notices to various companies to demand GST on the activities relating to holding of equity o...

The Indian regulatory regime has been constantly adapting itself to address the corporate governance issues that have arisen from misuse of related party transactions by Indian companies. The Governme...

The Ministry of Power, Government of India, notified the green hydrogen and green ammonia policy through notification No. 23/02/2022-R&R dated February 17, 2022. The Policy aims at boosting the domest...

On February 17, 2022, the Supreme Court overturned the interim stay order issued by the Punjab and Haryana High Court, thereby lifting the ban on the 75% reservation requirement in employment for loca...

The Supreme Court of India has affirmed the recent judgment of Rajasthan High Court passed in December 2021 which held that a bank initiating recovery proceedings against promoters will be amenable to...

In a significant judgment for the online skill gaming industry, the Karnataka High Court on February 14, 2022 in the matter of All India Gaming Federation v. State of Karnataka and Anr. quashed key su...

The article discusses and analyses ESG reporting in general and focuses on the reporting framework in India. It also highlights some key issues that would be of interest to investors, public companies...

The Rajasthan High Court in a landmark judgment in the case of Union Bank of India, Jaipur vs. Rajasthan Real Estate Regulatory Authority & Ors. & 69 other connected writ petitions has held that a ban...

The Indian fintech sector provides an optimistic outlook for the upcoming year of 2022. INDUSLAW’s Avimuk...

The Delhi High Court recently denied injunction to the brand owner of "Rooh Afza" in a suit for trade mark infringement brought against the defendant for its use of the mark "Dil Afza" and applied the...

On February 2, 2022, the High Court of Punjab and Haryana ordered an interim stay on the applicability of the law that enforced a 75% reservation requirement in employment for candidates domiciled in ...

The finance bill presented by the Hon'ble Finance Ministry is a forward looking budget and true to its intention lays down the path for India's growth for the coming 25 years. The government through t...

The Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013 mandates the Internal Complaints Committee to submit its annual report to the employer as well as the district officer although ...

The Competition Commission of India imposed a penalty of INR 20 lakh on Investcorp by invoking its look back power over incorrect computation of filing threshold in investment management business acqu...

The Haryana Government enforced a law on January 15, 2022 requiring private sector employers to reserve 75% of jobs that offer a monthly salary of less than INR 30,000 for individuals who are domicile...

This edition of the IP newsletter discusses in detail the development in jurisprudence led by Courts in areas of patents, trade marks and copyrights. The newsletter also tracks interesting development...

The Hon’ble Supreme Court of India (SC), in the case of Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. has held that a real estate builder is under an obliga...

The Hon’ble Supreme Court of India in the case of M/s. Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. affirmed the provision of Section 43(5) of the Real Estate (Regulation and De...

This edition is an eclectic mix of updates from the months of November & December 2021 and range from courtroom updates for skill gaming operators to crucial verdicts on copyright & trademark laws alo...

The Ministry of Consumer Affairs, Food and Public Distribution, through the Department of Consumer Affairs, has notified the Consumer Protection (Direct Selling) Rules, 2021 on December 28, 2021 with ...

The Securities Exchange Board of India has, in its meeting held on December 28, 2021, approved certain changes to the Securities and Exchange Board of India (Issue of Capital and Disclosure Requiremen...

The objective of this article is to furnish the current policy regime and legal framework around electric vehicles (“EVs”) in India. In light of the growing concerns of climate change, there is a ...

The Competition Commission of India (CCI) has imposed a penalty of INR 202 crores on Amazon for misrepresentation of material facts and non-notification of interconnected steps in the notice for its i...

Does the Internal Complaints Committee have jurisdiction to investigate a sexual harassment complaint against an employee who qualifies as an 'employer' under the law? Are employers exploring innovati...

While the hybrid work model has proven to be beneficial in several ways, there remain quite a few challenges that need to be addressed for building a successful hybrid work model in India. Our colleag...

The Authority of Advance Ruling (AAR) has recently held that Goods and Services Tax (GST) will be applicable on certain employee payments/benefits. Shashi Mathews and Sowmya Kumar discuss the key high...

The Competition Commission of India initiated a market study on the pharmaceutical sector in India in October, 2020. INDUSLAW's Avimukt Dar, Unnati Agrawal and Parth Sehan analyse the regulator's find...

The Indian fintech sector has continued to grow and attract investments. In line with the policy objective of consumer protection and to make digital payment systems more secure and convenient for con...

The Haryana Government on November 6, 2021 notified a law that requires private sector employers to reserve 75% of jobs that offer a monthly salary of less than INR 30,000 (approximately USD 400) for ...

In 2014, the Government of India ("Government")had announced the 'Make in India' initiative ("Make in India") to facilitate investment, foster innovation, enhance skill development, protect intellectu...

INDUSLAW bring to you The Recap, a short yet extensive compilation of legal updates from India for the Media & Entertainment and Gaming industries so that while you do not miss out...

Our colleagues Avik Biswas, Avimukt Dar, and Arunima Kumar discuss recent shifts in India's anti-bribery and anti-corruption strategy, including the amendments made to the Foreign Contribution (Regula...

In the latest Anti-Corruption Committee bulletin of the International Bar Association, our Anti-Bribery & Anti-Corruption (ABAC) colleagues Avik Biswas, Rithika Reddy and Arunima Kumar analyse how an...

INDUSLAW is a multi-speciality Indian law firm with over 50 partners and over 300 lawyers across four offices in Bengaluru, Delhi, Hyderabad a...

Are employers increasingly exploring the 4 day working week model? Will uniform parental leave policies become a norm in the near future? Is our anti-sexual harassment jurisprudence taking some decisi...

While the pandemic continues to heavily influence businesses, it hasn’t necessarily brought intellectual property ideation, protection, commercialization and enforcement to a halt. In fact, business...

The CCI has recently penalised a beer cartel based on data provided by some of the cartel members in their leniency applications. INDUSLAW's Avimukt Dar, Unnati Agrawal, Ankush Walia and Parth Sehan p...

The Bombay High Court recently laid down detailed guidelines to preserve anonymity in sexual harassment cases. INDUSLAW’s Vaibhav Bhardwaj, Sowmya ...

The Government of Delhi has recently released the draft Delhi Shops and Establishments (Amendment) Rules, 2021, which seeks to align the general practice followed for registration of establishments wi...

In the backdrop of recent state level notifications and orders from various High Courts, our colleagues Sowmya Kumar and Ivana Chatterjee take a look at the evolution of India’s COVID-19 vaccination...

On September 13, 2021, the Hon'ble Supreme Court has delivered a landmark judgment on the issue of refund of credit of input services in inverted duty structures. Shashi Mathews and Rajitha Nair exami...

Presenting the inaugural edition of The Recap, a bi-monthly round-up of the latest developments in Media & Entertainment & Gaming laws from India, authored by Ranjana Adhikari, Shashi Shekhar Misra & ...

Competition authorities around the globe are increasingly examining whether transactions in the digital markets have adversely impacted the competitive landscape. Avimukt Dar, Unnati Agrawal and Ankus...

The Covid-19 pandemic has witnessed the Indian employment sector effectuate several measures aimed at alleviating the hardships of various stakeholders. Our colleagues Avik Biswas, Vaibhav Bharadwaj a...

The Madras High Court recently quashed those amendments to the Tamil Nadu Gaming Act, 1930 which had imposed a blanket ban in Tamil Nadu on all games played for stakes (including online games and skil...

The Competition Commission of India has recently penalised Maruti Suzuki for imposing resale price maintenance restrictions on its dealers. INDUS<...

The Government of India has recently launched 'e-RUPI', a new digital payment solution built on the UPI system. INDUSLAW's Namita Viswanath, S...

The Bombay High Court has passed an interim order staying Rule 9(1) & 9(3) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandated adherence t...

INDUSLAW's Avik Biswas, Rithika Reddy and Advika Madhok provide an important update on the mandatory linking of Aadhar with Provident Fund accounts, ...

Are penalty clauses becoming popular in offer letters nowadays? Are employers increasingly thinking of offering medical coverage for infertility treatment for their women employees? Our Employment Cor...

As the world gets increasingly accustomed to ‘work from home’ arrangements for the immediate future, our colleagues Avik Biswas and Rithika Reddy list out some crucial tips for conducting an effec...

The Indian fintech space remains one of the fastest growing sectors, with companies evolving new business models to digitise more aspects of banking and financial services and expand their offerings i...

Tax on intermediary services has been a heavily litigated issue under the earlier service tax regime and the said trend continues under Goods and Services Tax ("GST") as well, causing a direct impact ...

Consumers continue to run from pillar to post when it comes to determining the appropriate forum for consumer disputes. INDUSLAW’s Mohit Chadha, Va...

Third-party funding is a way of reducing the astronomical costs of litigation, but its validity in India has been unclear for a long time. INDUS

India’s competition regulator continues to put Google under its scanner and has now directed an investigation into allegations of abuse of dominance by Google in the smart TV market. Avimukt Dar, Un...

The Insolvency and Bankruptcy Code, 2016 (“Code”) seeks to consolidate the existing legal framework for debt recovery in India. The Code is an all-encompassing law and provides rules and regulatio...

A possible blueprint for Diversity and Inclusion (D&I) in corporate India? Our Employment Law practice group Partner, Sowmya Kumar and Senior Associate, Ivana Chatterjee provide their succinct analysi...

As the world celebrates June as the Pride Month, our Employment Law practice group members Rithika Reddy and Vaibhav Bhardwaj evaluate whether there is a new era for LGBTQIA+ rights in Indian employme...

The Employment Law Practice Group, in its Employment Corner Bulletin, discusses the key statutory and jurisprudential updates and developments that took place in Indian Employment Law between March 1,...

As our country witnesses the second wave of the coronavirus pandemic and its impact, we continue to witness some interesting case updates that took place in the field of Intellectual Property. This ne...

The Hon’ble Supreme Court of India (“Supreme Court”), on March 8, 2021, in the matter of Gujarat Urja Vikas Nigam Limited Vs. Mr. Amit Gupta & Ors (“GUVNL Case”), stayed termination of a Po...

The Fintech sector in India has continued to grow despite the Covid-19 pandemic and is now one of the largest fintech markets worldwide. INDUS...

The RBI has made public certain clarifications with respect to the Guidelines on Regulation of Payment Aggregators and Payment Gateways. INDUSLAW’s...

Mr. Kumar discusses the grave question of entitlement for refunds which is a necessary fallout of the SC ruling that directly enriches the payees who were subjected to TDS. This article discusses the...

The usage of cannabis, hemp or marijuana precedes official records, and it is one of the oldest crops thought to have been cultivated. A complex plant with over 400 chemical entities, it remains poorl...

SPACs have been the buzzword in financial markets in the US and India. With more investors training their binoculars towards the subcontinent, INDUSL...

On March 02, 2021, the Governor of Haryana provided his assent to the Haryana State Employment of Local Candidates Act, 2020. While the statute has not been notified yet, its objective is to have empl...

In a recent judgment, the Hon’ble Mumbai Income Tax Appellate Tribunal has considered the issue of taxability of employee stock options/ ESOPs in India for a non-resident taxpayer. Ritesh Kumar S an...

The Revenue and Forests Department has amended the Maharashtra Stamp Act, 1958 on February 9, 2021, vide Maharashtra Ordinance No. I of 2021[1], by promulgating the Maharashtra Stamp (Amendment and Va...

In response to the mass dissemination of fake news and offensive/ unregulated content online, the Indian Government has issued a Digital Media Ethics Code for intermediaries, social media companies an...

The law on the mandatory requirement of filing a certificate under Section 65B (4) of the Evidence Act has remained uncertain. The Supreme Court, by way of its recent judgment in Arjun Panditrao Khotk...

In India, the competition law regulator showed nimbleness in its working and in its application of the law in a year which provoked unprecedented economic repercussions. Avimukt Dar, Unnati Agrawal, A...

INDUSLAW is a top-tier Indian law firm providing legal services to a wide range of international and domestic clients across a variety of sectors. Wi...

As India has started rolling out its vaccination program, INDUSLAW’s Employment Law practice group has received several queries from employers on t...

On January 08, 2021, the RBI amended the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015 with the aim to introduce certain exemptions related to the aviation sector. Vidit...

The Indian fintech market has continued to grow and evolve, with the Covid-19 pandemic accelerating digitization amongst consumers, micro, small and medium enterprises (“MSMEs”), banks, and other ...

INDUSLAW is a multi-specialty Indian law firm with 49 partners and over 180 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai. W...

INDUSLAW is a multi-specialty Indian law firm with 49 partners and over 180 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai. W...

As the world continues to struggle to adjust to the new normal, the field of Intellectual Property has seen major developments. In these times, the courts wading through the increasing Intellectual Pr...

In the backdrop of Britain’s departure from the European Union effective January 2021, INDUSLAW’s Avimukt Dar and Shantanu Mukul discuss the majo...

The Central Government in the exercise of its powers conferred under Section 176 of the Electricity Act, 2003 has issued the Electricity (Rights of Consumers) Rules, 2020 (“Rights of Consumers Rules...

India has set a target of achieving 100 GW power capacity through grid-connected solar energy, out of which 40 GW is targeted to come through rooftop solar installations by 2022. Due to several factor...

The equity investor landscape has changed significantly in India over the last few decades. Even with the COVID-19 pandemic, investors such as the Blackstone Group, APG Asset Management and CapitalLan...

The Government of Karnataka has permitted shops and commercial establishments in Karnataka employing 10 or more persons to remain open on a 24 x 7 basis on all days of the year for a period of 3 years...

On October 8, 2020, the Securities and Exchange Board of India (“SEBI”) amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 thereby mandating listed entities to ma...

On October 8, 2020, the Securities and Exchange Board of India brought in an amendment to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The amendment now requires liste...

Between March 2020 and December 2020, the legislative space in aviation saw several changes, such as amendments to FDI in aviation, the Aircraft (Amendment) Act, 2020, amendments to civil aviation req...

The Advertising Standard Council of India (“ASCI”) has issued the guidelines for advertisers in relation to Online Gaming for Real Money Winnings (the “Gaming Guidelines”), effective from Dece...

With the 4 labour codes having received the assent from the President of India, the Ministry of Labour and Employment has successfully consolidated 29 central labour laws into 4 labour codes. In this ...

The New OSP Guidelines have been issued by the DoT with the objective of devising a framework to accommodate the constant innovations in technology and for setting up a platform for OSPs to operate in...

The Ministry of Road Transport & Highways, through a letter dated 2 November 2020, has introduced changes to eligibility criteria for bidders in relation to road projects undertaken on Engineering, Pr...

The Aircraft (Amendment) Act, 20201 (the “Amendment”) was passed by the Lok Sabha on March 17, 2020, by the Rajya Sabha on September 15, 2020, and received presidential assent on September 19, 202...

On October 28, 2020, the DPIIT after a gap of 3 long years, unveiled the consolidated FDI Policy, 2020. While it seeks to consolidate the extant FDI regime and replaces the older policies, it does not...

Despite the recent economic slowdown in India with the extended lock-down, the fintech industry has continued to attract investments, with Covid-19 having fast-tracked adoption of digital solutions by...

The current trend we have seen is that the logistics and transportation industry has been disrupted by internet tech giants and, more recently, the COVID-19 pandemic. As the world emerges from the she...

INDUSLAW is a multi-specialty Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai. W...

While the world is still trying to figure out the “new normal”, India’s central bank continuously strives to mitigate the impact of Covid 19 on stressed borrowers. In this article, Nishant Singh...

INDUSLAW is a multi-specialty Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai. W...

INDUSLAW is a multi-specialty Indian law firm with 47partners and over 180 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and M...

In times of the coronavirus pandemic, while the world strives to restore a semblance of normalcy, the field of intellectual property continued to witness some interesting updates in the country. The c...

While the boons of social media promotions are manifold, they are not without their own set of pitfalls. Through this Article, INDUSLAW’s Aditi Ver...

With the new amendments brought in the Arbitration & Conciliation Act in 2019, the Delhi High Court decided the issue of applicability of the amended Section 29 A (1). Sushmita Gandhi and Anamika Sing...

The Reserve Bank of India issued a Press Release on August 18, 2020, placing on its website a 'framework for authorization of pan-India umbrella entity for retail payments'. The Framework is a welcome...

While the Resolution Professional acclimatizes itself in the evolving insolvency regime in India, the issues pertaining to impartiality become relevant. Sushmita Gandhi, Darpan Bhatia, and Prapti Kedi...

The object of introducing sections 138 to 142 to the Negotiable Instruments Act, 1881 (the “NI Act”) was to ensure efficacy of banking operations and credibility of transacting in negotiable instr...

The Central Electricity Regulatory Commission (“CERC”) in the exercise of its powers conferred under Section 66 read with Section 178 of the Electricity Act, 2003 ("Electricity Act") and under the...

Legislative protections and immunities granted to e-commerce marketplaces over the years have significantly contributed to the continued growth and development of digital platforms for communication, ...

The economic disruptions owing to the current pandemic, have impacted funding globally, with venture-backed investments in India falling drastically between March and June 2020, as compared to the sa...

The finance minister of India, Smt. Nirmala Sitharaman tabled the Companies (Amendment) Bill, 2020 (the “Bill”) before the Lok Sabha on March 17, 2020, to introduce certain modifications to the Co...

Employee stock option plans are integral to the growth of an enterprise, since they incentivize and reward employees for long-term commitments towards a company, with an equity stake or a cash payout ...

The RBI has decided to include start-ups for Priority Sector Lending (PSL). This is a strong initiative for ease of capital access and will impact the start-up ecosystem. Avimukt Dar, Nikita Goyal, an...

The Government of Haryana has amended the Factories Act, 1948 in respect of its applicability to the State of Haryana vide gazette notification dated July 20, 2020. Since the State of Haryana has seve...

Product liability law provides the consumers with legal recourse for any injuries suffered from a defective product. It is estimated that millions of people around the globe are negatively affected by...

The Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2020[1] were introduced on July 27, 2020, which among other things, passes the baton from the government of India back t...

The governor of Karnataka on July 31, 2020, promulgated the Industrial Disputes and Certain Other Laws (Karnataka Amendment) Ordinance, 2020 in order to facilitate and boost ease of doing business in ...

On July 29, 2020, the Union Cabinet approved the National Education Policy 2020 (“NEP”), which replaces the 34 years old National Policy of Education, 1986. The objective of the NEP is to transfor...

The Government of India recently issued notifications on July 15, 2020 and July 23, 2020 for enforcement of the Consumer Protection Act, 2019 (CPA 2019). The CPA 2019 was published in the official gaz...

The central government as well as state governments have been, in the recent past, introducing several amendments to labor and employment statutes to ease the financial burden on employers. This has b...

In the wake of growing tensions between India & China, India amended its FDI Policy to restrict investments from neighboring countries. Recently, it also released a press note banning 59 Chinese appli...

INDUSLAW brings to you the key intellectual property related updates in India for the second quarter of the year. While the world continues to grappl...

In the second round of litigation between E-commerce platforms such as Amazon, Flipkart and Snapdeal (“E-commerce platforms”) and Direct Selling Entities (“DSEs”) such as Amway, Oriflame, and ...

INDUSLAW is a multi-specialty Indian law firm with 47 partners and over 180 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mu...

INDUSLAW is a multi-specialty Indian law firm with 47 partners and over 180 lawyers across four offices in Bengaluru, Delhi, Hyderabad,...

With a dip in company valuations due to the economic downturn in the COVID-19 pandemic, and with companies raising money at lower valuations, discussions and enforceability of anti-dilution protection...

The Reserve Bank of India recently issued a notification to reiterate and ensure compliance of the Fair Practices Code and outsourcing guidelines for financial services, in letter and spirit, by banks...

The Hon’ble Supreme Court, on Friday, June 12, 2020, pronounced its order in the matter concerning the petitions filed by private companies challenging the Ministry of Home Affairs order dated March...

In light of the pandemic, the Government had provided relief to taxpayers by extending statutory and regulatory compliance timelines under various direct tax statutes, by way of a tax ordinance. Now, ...

Recently, in two related sets of orders, SEBI has opined on the dissemination of unpublished price sensitive information through digital and social media. The orders lend valuable perspective on some ...

The Supreme Court of India in its recent judgments has attempted to clarify the position with regards to the place, venue, and seat of arbitration. However, the position still remains ambiguous and su...

What started as a health crisis has transformed rapidly into a pitched battle between lives and livelihoods. The Organization for Economic Cooperation and Development apprehends that the global econom...

Over the last few months, the Securities and Exchange Board of India (“SEBI”) has offered much-needed relaxations to the companies struggling with the disruption caused by COVID-19. With u...

The sudden outbreak of the novel coronavirus led the Government of India to impose a nationwide lockdown in an attempt to control the spread of the pandemic. The lockdown which began on March 25, 2020...

A three-judge bench of the Supreme Court in its recent judgment in South East Asia Marine Engineering and Constructions Limited v. Oil India Limited upheld an order passed by the Gauhati High Court un...

The World Intellectual Property Organization (WIPO), a specialized UN agency assisting almost 195 countries of the world in developing an international intellectual property legal framework, has launc...

The government of Karnataka through a notification dated May 22, 2020 has exempted all factories registered under The Factories Act, 1948 from complying with the provisions relating to weekly and dail...

The Ministry of Information and Broadcasting notified the 'Policy Guidelines for Empanelment of Social Media Platforms with the Bureau of Outreach and Communication' on May 13, 2020. The policy sets o...

In a bid to stimulate and strengthen the Indian economy amidst the nationwide lockdown to contain the coronavirus (COVID - 19) pandemic, the Government of India ('Central Government') rolled out an ec...

With the advent of consolidation and enactment of laws on insolvency and admiralty, the issue of conflict between the two laws has arisen where the ship owner becomes subject to IBC proceedings. Sushm...

With a view to provide relief to employers and increase the take-home salary for employees, both employer and employee contribution rates have been reduced from 12% to 10% for the months of May, June,...

In light of the ongoing COVID-19 pandemic outbreak, the Ministry of Home Affairs ('MHA') on May 20th, 2020 has amended the guidelines on lockdown and allowed domestic air travel of the passengers. Acc...

On May 13, 2020, the Ministry of Housing and Urban Affairs (the 'Ministry') issued an advisory to the state governments to invoke the Force Majeure clause under the provisions of the Real Estate (Reg...

COVID-19 has created 'new normals' in every aspect of life, including in economies, markets, businesses, and the funds that power them. Riding an 11 year bull run, global markets have nosedived. On th...

In April of 2019, the Department of Justice of the United States of America released a Guidance Document aimed at highlighting certain key factors for prosecutors to consider while conducting an inves...

The ongoing nation-wide lockdown due to COVID - 19 has led to approximately 25% decline in power demand due to very low power offtake from commercial and industrial consumers this has, in turn, led to...

As the jurisprudence pertaining to insolvency and bankruptcy in India continues to develop over time, the applicability of the Limitation Act to the proceedings under the I&B Code gives birth to a fre...

Interference with a contract between two parties by a third party has been neglected by most jurisdictions, as courts, as well as the public at large, remain aloof regarding the tort of Tortious Inter...

With lockdown 3.0 being implemented, the Securities and Exchange Board of India (SEBI) has through a circular dated May 06, 2020, granted temporary relaxations from certain procedural requirements rel...

The COVID-19 pandemic, and the government restrictions in its wake, have had a major impact on the media and entertainment industry. INDUSLAW'...

Despite the economic slowdown due to the COVID-19 pandemic, the Indian fin-tech sector has done exceedingly well this past quarter, with uninterrupted innovation and investments in the space. Fin-tech...

COVID-19 has brought the world to its knees. Countries are at different stages of transmission of the pandemic, trying their best to cope with their growing economic and social impact. Gove...

On April 27, 2020, the Ministry of Finance notified the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2020 (the 'Amendment') to amend the Foreign Exchange Management (N...

As the governments may look at easing restrictions to allow further businesses to reopen, employers need to be mindful of legal and practical considerations with respect to ensuring health and safety ...

As obvious as it is, one of the keys objects behind the enactment of the Arbitration and Conciliation Act, 1996 (the 'Act') was to minimize the supervisory role of courts in the arbitral process. For ...

Section 206 of the Companies Act, 2013 (the 'Act') gives the Registrar of Companies (the 'ROC') the power to call for information, inspect books and conduct inquiries in respect of any company. On a c...

On April 21, 2020, the Securities and Exchange Board of India (SEBI) offered temporary amnesty to companies from certain crucial regulations governing public offerings (initial and follow-on) and rig...

The Electricity Act, 2003 (the "Electricity Act") was enacted to consolidate the electricity laws in India. While the Electricity Act facilitated significant private investments, market development, a...

The Ministry of Corporate Affairs (the 'MCA') has notified the Companies (Auditor's Report) Order, 2020 on February 25, 2020, superseding the Companies (Auditor's Report) Order, 2016. The Order aims t...

After a lapse of almost 3 (three) years, Ministry of Corporate Affairs (the 'MCA') finally issued a notification dated November 15, 2019 (the 'Notification') that renders insolvency and bankruptcy pro...

With the world facing trying times due to the coronavirus outbreak and several countries coming to a stand-still, it is being predicted that the economic impacts of COVID-19are going to be similar to ...

The world is witnessing unprecedented times in light of the COVID-19 outbreak, which has led to countries across the globe adopting legal, political and economic measures which are equally unprecedent...

As the world is collectively entangled in fighting the Corona virus or COVID-19 pandemic, businesses globally are facing several financial and physical hardships due to the government lock downs. With...

As India has entered into the second phase of the lockdown in its fight against COVID-19, the Ministry of Home Affairs (MHA) has now permitted operations in some sectors and announced certain relaxati...

The issue of variation of objects mentioned in an IPO prospectus has become relevant today, when COVID-19 has locked down economies, sent markets into free-fall, and forced listed companies to rethink...

The words like 'national security' have a tendency for governments, courts, civil society and intelligentsia (meant to lead, navigate and gravitate the masses towards an apt-course) to wrinkle/shrink ...

On April 13, 2020, the Government of Karnataka's Labour Department & Department of Information and Public Relations issued an order which outlined specific directions regarding the continuation of the...

While India remains under a lockdown and a state of siege prevails, the Reserve Bank of India ('RBI') has provided a set of directives granting a safe harbour of moratorium for a period of 3 months to...

As the world continues to make efforts to recover from the impact of COVID-19, business in India are also preparing to commence operations, soon after relaxation from the lock down is provided or the ...

In furtherance to the Ministry of Corporate Affair's (the 'MCA') general circular dated March 24, 2020 and the powers conferred on it under the Companies Act, 2013, the MCA, vide general circular no. ...

INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and Mumbai. W...

In the wake of the COVID-19 pandemic and the consequent restrictions imposed on the movement of people, goods and services, companies are facing new hurdles in carrying on their business while ensurin...

INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and Mumbai. W...

While the entire world has been witnessing the coronavirus pandemic since the beginning of 2020, some interesting updates took place in the intellectual property arena in the first quarter. This newsl...

In a robust response to industry calls for urgent assistance to start-ups impacted by the COVID-19 pandemic, the Small Industries Development Bank of India has rolled out the COVID-19 Start-up Assista...

On March 27, 2020, to mitigate the impact of COVID-19 on the financial market, the RBI announced a regulatory package, through which it allowed a specific moratorium on the repayment of debt, the rela...

Under Indian Law, foreign decrees passed by the courts of reciprocating territories are to be enforced in terms of Section 44-A of the Code of Civil Procedure, 1908 (the 'Code'). Despite the existenc...

While the entire world is swarmed in critical updates pertaining to redressal during times of COVID-19; the Competition Commission of India ('CCI') has issued Revised Guidance Notes to Form I ('Revise...

While steps are being taken to address the COVID-19 situation, and hopefully, establishments and factories will return to business soon, it would be prudent that employers, while dealing with the cris...

With the adverse impact of the COVID-19 pandemic on businesses around the world, people are evaluating various options regarding the performance of contracts. One of these options is invoking the 'for...

With the COVID-19 pandemic panic taking over the world, stakeholders across industries and professions around the world are looking to work together to develop a collective response that will have the...

As COVID-19 continues on its rampage, the Government of India and other authorities have been continuously initiating measures to contain the pandemic, including a nationwide lockdown. The capital mar...

With the growing uncertainty around the COVID-19 situation, parties have begun to evaluate what customarily gets built into transaction documents as a clause relating to material adverse effect or mat...

In light of the ongoing COVID-19 pandemic outbreak, the Ministry of Corporate Affairs (the 'MCA') on March 23, 2020 has provided a clarificatory circular with respect to the spending of the funds set...

The RBI has decided to comprehensively regulate the activities of payment aggregators and provide baseline technology-related recommendations to payment gateways. The substantive Guidelines come into ...

As confirmed cases of COVID-19 soar across the world including India, the Central Government together with various State Governments, predictably, have issued a number of regulations to contain this g...

In our news alert published last week, we had discussed some much-needed exemptions granted by the Securities and Exchange Board of India ('SEBI') to listed companies grappling with the disruption cau...

In view of the prevailing threat due to the Covid-19 outbreak, the Ministry of Corporate Affairs has relaxed the restrictions on conducting board meetings through video conferencing and audio visual m...

COVID 19 is 2020's juggernaut - a black swan that has disrupted life like we have never known before. While governments over the world have been treating the pandemic on a war footing, introducing dra...

Recently, the Madras High Court in a copyright infringement dispute between Indian Record Manufacturing Co. Ltd. and Mr. Illaiyaraja, revisited the principles of first ownership and assignment of copy...

The delivery and administration of health care largely rests with individual states in India as health care is a state subject. In view of the fact that World Health Organization on March 11, 2020, de...

With the WHO declaring the Coronavirus outbreak a global pandemic, and with confirmed cases in India rising daily, the Government of India and the Government of Karnataka have issued advisories and ci...

The law concerning gig economy has seen transformational changes in the year 2019. This article discusses the developments in the law relating to gig economy in the USA and India. This is in continuat...

With coronavirus cases in India increasing, it is becoming important for employers to ensure, as part of their statutory obligations or otherwise, that the workplace continues to be a safe and healthy...

In its financial stability report dated December 27, 2019, the Reserve Bank of India (the 'RBI') proposed the New Umbrella Entity (the 'NUE') for retail payment systems, to offer alternative digital r...

On February 03, 2020, the Ministry of Corporate Affairs notified Sections 230(11) and Section 230(12) of the Companies Act, 2013 along with the Companies (Compromises, Arrangements and Amalgamations) ...

Recently, the Supreme Court of India has, in the case of Vijay Karia and Ors. v. Prysmain Cavi E Sistemi SRL & Ors., set the law in motion by narrowing the judicial interference in enforcement of fore...

The Arbitration and Conciliation (Amendment) Act, 2019 had with effect from August 30, 2019 (the 'Effective Date'), amended Section 29A(1) of the Arbitration and Conciliation Act, 1996 (the 'Arbitrati...

The fin-tech sector in India has been witnessing increased attention and growth on account of digital inclusion, technological innovations, and interest from second-time entrepreneurs like Kunal Shah ...

The Personal Data Protection Bill, 2019 (the 'PDP Bill') and the California Consumer Privacy Act of 2018 (the 'CCPA') have been formulated with the primary intention of protecting the privacy rights o...

On January 6, 2020, the Insolvency and Bankruptcy Board of India (the 'IBBI') notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 (the 'Amendment'...

INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and...

On a rigid reading of Perkins Eastman Architects DPC & Anr v. HSCC (India) Ltd, arbitration clauses that give the right to one party to appoint a sole arbitrator, would no longer be valid. However, in...

INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and Mumbai. W...

The Insolvency and Bankruptcy Code, 2016 (the 'Code') has faced a barrage of amendments and course correction from both the judiciary as well as the legislature. The latest and perhaps the most signif...

At the outset, we take this opportunity to wish you all a very happy and prosperous New Year 2020! This newsletter brings to you the key intellectual property related updates in India from the final q...

The Personal Data Protection Bill, 2019 (the '2019 Bill') was introduced in the Lok Sabha on December 11, 2019 by the Ministry of Electronics and Information Technology. The 2019 Bill has been formula...

In furtherance of ease of doing business in India and in order to capture the changes which had been introduced by Press Note 4 of 2019, the Central Government on December 5, 2019, notified the Foreig...

On November 27, 2019, the Hon'ble Supreme Court of India struck down the insertion of Section 87 of the Arbitration and Conciliation Act, 1996 and deletion of Section 26 of the Arbitration and Concili...

On October 23, 2019, the Delhi High Court held that Indian courts can issue orders to internet intermediaries like Facebook, Google, and Twitter to take down defamatory content published by users on t...

On October 10, 2019 SEBI has issued a circular laying down framework for issue of depository receipts by listed companies and to be listed companies in order to provide increased access to foreign fun...