Corporate Law

Recently, on June 15, 2023, the Supreme Court of India upheld the largely disproportionate allotment of shares in favour of one group of shareholders of a private limited company, thereby leading to a substantially increased shareholding percentage of such group over the other group of shareholders. ......

Apple Inc. ("Apple") is taking on apples everywhere in a truly bizarre trademark battle. Apple has now initiated proceedings in order to secure proprietary rights to the image of apples, the fruit, in Switzerland. Arguably, Apple has now become synonymous with phones, laptops, and with the image of an apple with a bite taken out. ......

With the world available at your fingertips 24 hours a day and access to an estimated 1.13 billion websites available in the public domain, consumers are spoiled for choice. In the modern-day equivalent of the space race, engagement is the name of the game, with entire teams dedicated to creating the most addictive and easy-to-use platforms and applications. ......

The Ministry of Corporate Affairs, vide a notification dated May 15, 2023, notified the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2023 ("Amended Rules") to streamline certain parts of extant merger and amalgamation process under the Companies Act, 2013 ("Companies Act"); and consequently amend the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. ......

The Delhi High Court has recently pronounced an important judgement on the liability of third party funders in an arbitration in the case of Tomorrow Sales Agency (P) Ltd. v. SBS Holdings, Inc. Third party funding is the process by which a party who is otherwise not connected to the proceedings, funds a dispute in return of a financial gain upon the success of the claim. ......

The Supreme Court ("SC") recently held that a writ court ordinarily should not interfere in matters relating to tender or contract. It further opined that a writ court should exercise caution when attempting to impose its decision on an employer regarding the acceptance or rejection of a tender bid, unless there is a glaringly obvious and significant issue that is brought to light. ......

On May 16, 2023, the Ministry of Finance (“MoF”) notified the Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2023 (“2023 Amendment”) to omit Rule 7 of the Foreign Exchange Management (Current Account Transactions) Rules, 2000. ......

Recently, a five-judge bench of the Supreme Court rendered its judgment in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited ("N.N. Global 2") and has put to rest the question on whether arbitration agreements included in unstamped/ insufficiently stamped instruments are valid and enforceable. ......

With the development of blockchain technology, artificial intelligence and virtual digital assets, several concerns have been raised regarding the plethora of legal and ethical challenges that are likely to arise from development of these technologies, and how they will interact with the rights of individuals granted under law. ......