Corporate Law

Recently, in the case of the State of Madhya Pradesh v. M/S Sew Construction Limited & Ors. , the Supreme Court ("SC") has held that discretion holds no place in matters relating to contracts unless the discretion has been expressly incorporated by the parties as part of the contract. ......

Section 73 of the Indian Contract Act, 1872 stipulates that in order for a party to be entitled to damages arising from a breach of a contract, the resultant loss/damage ought to have arisen in the usual course of things from such a breach; or in a circumstance where the contracting parties were aware (when they were entering into the contract) that such a loss/damage could subsequently arise from a breach thereof. ......

In an increasingly more interconnected world, the omnipresence of media can be both a boon and a bane. Before the smartphone age, India had its first ‘Tryst with Destiny’ with the humble radio and the broadcast of several significant historical events (including, of course, the then-Prime Minister’s historical speech), to go on to become a true democratiser of knowledge. ......

India has one of the fastest growing e-commerce markets in the world and e-commerce transactions have steadily increased across the nation during the past several years. Consumers heavily rely on reviews posted on e-commerce platforms to understand the experience of customers who have already purchased the goods or services, and online reviews have significant influence over purchasing decisions of the consumers. ......

Have you ever been unable to find the unsubscribe/delete button on a social media application? Added an item to your shopping cart only to realize later that the price displayed to you initially was substantially lower than the check-out price? Were you forced to provide personal data to gain access to a website/application? These are all examples of unfair trade practices and misleading advertisements deployed by digital platforms to manipulate users, i.e., dark patterns. ......

In 2017, the Supreme Court ruled that the right to privacy is a fundamental right under the Indian constitution. Subsequently, in 2018, the first draft of the Personal Data Protection Bill was prepared by an expert committee set up by the Ministry of Electronics and Information Technology (MeitY). ......

The Government of India is empowered by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ("Act"), to frame a scheme called the Employees' Pension Scheme for the purpose of providing. ......

An advisory issued by the Ministry of Information and Broadcasting (“MIB”) dated October 21, 2022 (“Advisory”), has been making waves and stirring up the airwaves. The Advisory requests the ministries of the Central Government, as well as the Governments of all State and Union Territories. ......

Intermediaries store or transport data on behalf of others and include online marketplaces, search engines, social media platforms, telecom and internet service providers. In 2008, the Information Technology Act ("IT Act") was amended to protect intermediaries from accountability for any information belonging to third parties. ......