Corporate Law

The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ......

In a recent Delhi High Court judgement , the Court laid the foundational stone on the jurisprudence of retweeting and whether it amounts to 'publication' for the offence of defamation under Section 499 of the Indian Penal Code, 1860 ("IPC"). It was held that every retweet of defamatory imputation would ordinarily amount to 'publication' under Section 499 of the IPC, and it is ultimately for the person so aggrieved to decide as to which retweet caused more harm to his reputation, and inter alia lowered his moral or intellectual character or his credibility among the members of society. ......

On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ......

Subsequent to the Supreme Court's judgment in the case of Cox & Kings Ltd. v. SAP India Pvt. Ltd (discussed here) pertaining to the 'Group of Companies' doctrine, the Delhi High Court ("Court"), in the case of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. ("Vingro Case"), has opined on the applicability of the group of companies doctrine to the directors of a company and adding directors as a party to arbitration. ......

Founded in 1913, Stanley, a brand owned by Pacific Market International, LLC, originally began manufacturing products mainly for men, camping and outdoor activities, with its thermos being used by pilots in World War II. Over a century later, Stanley products are most popular amongst a demographic of teenagers and young women. ......

The Telecommunications Act, 2023 (the "Act") received presidential assent on December 24, 2023 after the draft Telecommunications Bill, 2022 (the "Bill") was released for public consultation. When notified of its enforcement, the Act will replace the current telecommunication laws in India, the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933 and will provide a consolidated modern legal framework for the telecommunication industry in India. ......

The Jammu and Kashmir and Ladakh High Court ("J&K&L Court") in its recent order in Pritam Chand v Dr. Kamal Saini (CRMC No. 758/2017), stated that the press must refrain from publishing content in the newspaper that is manifestly defamatory in nature against an individual. ......

On December 21, 2023, the Lok Sabha passed the Press and Registration of Periodicals Bill, 2023 ("PRP Bill"), revoking the colonial-era legislation of the Press and Registration of Books Act, 1867 ("PRB Act"). The PRB Act was designed to regulate the printing presses and newspapers and imposed strict penalties, including imprisonment, for non-compliance with its provisions. ......

The High Court of Delhi, in the case of Smaash Leisure Ltd. vs. Ambience Comemrcial Developers Private Limited has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice the requirement of 'express agreement' under Section 12 (5) of the Arbitration and Conciliation Act, 1996 ("Act"). ......