Corporate Law

On February 25th, 2021, Union Law & IT Minister of India said “There should not be double standards. If an attack is there at Capitol Hill (US Congress), then social media supports police action. But if there is an aggressive attack at Red Fort, the symbol of India’s freedom where the Prime Minister hoists the national flag, you have double standards. ......

The Supreme Court, recently, in the case of Phoenix Arc Private Limited v. Spade Financial Services Limited, held that the intent of Sec. 21 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) will be defeated if related parties are just determined “in presaenti” i.e., on the present basis. ......

The Government of India has liberalized the regulatory framework governing geospatial data, including maps in India through guidelines released by the Department of Science and Technology (“DST”) on February 15, 2021. ......

It is safe to say that the Insolvency and Bankruptcy Code, 2016 ("IBC" or "Code") and the regime it has spawned, has effected a complete turnaround in the way insolvency and liquidation proceedings were dealt with in India. The IBC has quickly become the preferred route for creditors and debtors alike, with stakeholders lauding the efficiency of the Code. ......

On January 22, 2021, the Government of India brought into effect the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 (“Rules”). The Rules amended the exiting Companies (Corporate Social Responsibility Policy) Rules, 2014 (“Existing Rules”). ......

Lord Macaulay (British Member of Parliament) once called the media “the fourth pillar of democracy”. However, as evident by the Sushant Singh Rajput (“SSR”) media trial of 2020, television media seems to be the judge, jury and executioner of this democracy. ......

The law relating to the issue of injunction in civil suits is laid down in the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908. The grant of perpetual injunctions is regulated by the Specific Relief Act while grant of temporary or interlocutory injunctions, which are simply intended to preserve the status quo pending the decision, are regulated by the Code of Civil Procedure. ......

In the recent case of Sanjeev Mishra vs. Bank of Baroda , the Rajasthan High Court ("Court") has widened the scope of the term ‘workplace harassment’ to include online harassment. In this case, a complaint of sexual harassment was lodged against another employee working in a different State of the same bank. ......

The Apex Court, vide its order dated December 15, 2020, in Steel Authority of India Limited vs. Raghbendra Singh & Ors , propounded that there does not exist any constraint regarding withholding an employee’s gratuity against the recovery of dues from such employee, including penal rent, which in the instant case pertained to the overstay by the employee in official company provided accommodation. ......