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Blogs

Why Investors Are Now Asking Startups About DPDP Compliance, and How to Be Ready

A few years ago, a privacy question in a term sheet meeting would have drawn blank looks. Today, founders are walking into due diligence rooms and being asked, in plain terms, whether their company complies with India’s data protection law. The question is no longer theoretical, and a vague answer is starting to cost money […]

Blogs

What Happens When a Company Enters Insolvency: A Step-by-Step Guide to the CIRP Under the IBC

What happens when a company receives a demand notice? For most companies and directors, what follows feels like a black box. The fear is that the company will simply collapse and everyone will scramble for whatever is left. That is not how it works. When a company defaults on a debt of one crore rupees or more, the Insolvency and Bankruptcy […]

Blogs

Bombay HC Curtails Copyright Misuse in Packaging Design Rights

In a recent decision [1], the Bombay High Court exercised its jurisdiction under Section 50 of the Copyright Act, 1957 (“Act”) and directed the cancellation of a copyright registration of a product packaging obtained by Respondent by flouting the procedural norms laid down under the Copyright Rules, 2013 (“Copyright Rules”). Other than the routine […]

Blogs

From Restriction to Recalibration: India Eases Press Note 3 Regime for Land-Border Investments

The Union Cabinet has recently approved revisions to India’s foreign direct investment (“FDI”) framework governing investments from countries that share a land border with India. The decision introduces targeted relaxations and procedural clarifications to the regulatory framework originally introduced under Press Note 3 of 2020 (“Press Note 3”), which required prior government approval for such […]

Blogs, Case Studies

Section 34 Is Not an Appeal: Bombay High Court on Judicial Review of Arbitral Awards

The recent judgment of the Bombay High Court in Arbitration Petition No. 785 of 2016 once again reinforces a foundational principle of the Indian arbitration law that courts exercising jurisdiction under Section 34 cannot sit in appeal over an arbitral award. The arbitration petition [1] before the Court was filed under Section 34 of […]

Blogs

Bombay HC Reaffirms Limited Scope of Section 34 Review

The Bombay High Court, in a recent ruling [1], has reaffirmed India’s pro-arbitration stance by emphasising the limited scope of judicial interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”), and by underscoring the Arbitral Tribunal’s primacy in matters relating to appreciation and admissibility of evidence. The […]

Blogs, Case Studies

NCLT IS NOT A RECOVERY FORUM: MUMBAI BENCH REAFFIRMS JURISDICTIONAL LIMITS UNDER IBC

In a recent order [1], the Hon’ble National Company Law Tribunal, Mumbai Bench (“NCLT”), once again reiterated the settled legal position that the NCLT cannot be invoked as a forum for recovery of money arising out of commercial transactions unconnected with insolvency proceedings. An application under section 60(5) of the Insolvency and Bankruptcy Code, […]

Blogs, Case Studies

MahaRERA Reaffirms: Pre-RERA Allotment Letters Are Not Immune from Regulatory Scrutiny

In a recent order [1], the Maharashtra Real Estate Regulatory Authority, Mumbai (“MahaRERA/ Tribunal”) has reaffirmed that promoters cannot evade the Tribunal’s jurisdiction by labelling transactions as having occurred prior to enactment of Real Estate (Regulation and Development) Act, 2016 (“RERA”), unregistered, or mere “investment” arrangements, where the effects of such transactions continue into the […]

Updates

A Practical Overview of India’s New Labour Codes for Employers

The Government of India has enacted four Labour Codes with the objective of consolidating central labour legislations. These Codes subsume 29 existing central labour laws and seek to create a uniform and streamlined framework governing wages, industrial relations, social security, and occupational safety and working conditions. The Labour Codes have been made effective from November […]

Blogs, Case Studies

Settlement Agreements in Insolvency: Why Revival Clauses Matter

The National Company Law Appellate Tribunal (“NCLAT“) has clarified that restoration of a company petition for Corporate Insolvency Resolution Process cannot be denied on a mere technicality. Where a case is withdrawn based on consent terms or a settlement agreement that expressly provides for revival in case of default, the creditor’s right to restoration of […]

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