General Corporate Advisory

Time and again the question has come before the Hon'ble Supreme Court of India ("Supreme Court") on how to determine whether a person is an employee or not. Through various judgments the Supreme Court has laid out the tests to determine whether a person could be said to be in the employ of the employer....

At this juncture, it is undeniably true that the novel coronavirus has caused the populace to collectively rethink the fundamental manner in which businesses conduct themselves, and the sustainability of the same in not only the current times, but in the future. A systemic change is being wrought about at the helm, with businesses being forced to find creative ways to reduce costs so as to enable them to stay afloat....

Modern technology has revolutionized how we disseminate and record information and its no doubt that this has led to an increase in the commercial exploitation of the private lives of public personalities and celebrities often hurting the sentiments and reputation of such people. Several magazines and tabloids publish regular columns on celebrities. A blind item is a column wherein the name / identity of the celebrities being discussed is obscured. ...

The United Nations Commission on International Trade Law - Model Law on International Commercial Arbitration, 1985 (“Model Law”) was drafted for the individual States to adopt “in their statutory arbitration laws either in its entirety, or a substantial part of its provisions, or at least its general shape and philosophy, so as to bring about a certain amount of uniformity amongst national laws…”....

Partnerships in India are governed by the Indian Partnership Act, 1932 ("Act"). The Act defines partnership as 'The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all'. The Act while laying down the provisions with respect to rights and duties of the partners also details the consequences of retirement of a partner and dissolution of a partnership firm....

On October 02, 2006, the Government of India brought into effect, the Micro, Small and Medium Enterprises Development Act, 2006 (“Act”) for facilitating the promotion, development and enhancing the competitiveness of micro small and medium enterprises. Through Section 7 of the Act, the criteria of micro, small and medium enterprises was defined....

In India, foreign investments through equity instruments (other than share warrants) are regulated in accordance with the terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”). A recent amendment to the NDI Rules has clarified that any acquisition of shares by foreign investors pursuant to renunciation of rights by a resident will be subject to the pricing guidelines under the Foreign Exchange Management Act, 1999 (“FEMA”)....

In its guidelines issued on May 18, 2020, the Ministry of Health and Family Welfare ("MoHFW") has outlined preventive and response measures to be observed in workplace settings to contain the spread of COVID – 19 ("Guidelines"). ...

As a general rule, it is frowned upon to bring disrepute to a person. That general principle is integral enough for the law to be concerned with it. The Indian Penal Code (“Code“) defines defamation as “making or publishing an imputation concerning any person, intending to harm, or knowing or having reason that such imputation will harm, the reputation of such person....