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Corporate Law

Corporate Law

August 12, 2020
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Heavy ‘duty’ implications of the latest ame...

In recent years, the Government has facilitated ease of doing business in India, and amongst the flurry of measures aimed at projecting a globally 'open for business' image have been the amendments introduced to the Indian Stamp Act, 1899 ("Act"), through the Finance Act, 2019 ("Finance Act"). ......
August 5, 2020
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An Overview of the SEBI (Investment Advisers) (Amendmen...

In India, investment advisers ("IAs") are regulated by the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 ("Principal Regulations"). The Principal Regulations inter alia specify conditions for registration, certification, capital adequacy, risk profiling and suitability, disclosures to be made, code of conduct, records to be maintained, manner of conducting inspection etc. with respect to IAs. ......
July 27, 2020

Safety Net for Online Shopping Woes

How many times have you resorted to tweeting or posting on Facebook, trying to grab the attention of a particular seller or brand for an online shopping transaction gone wrong? The newly notified Consumer Protection (E-Commerce) Rules, 2020 ("Rules") that were notified on July 23rd, 2020 may just be the answer to your troubles. These Rules, which have been issued pursuant to the enactment of the Consumer Protection Act, 2019 ("Act"), lay down stricter, tougher requirements for e-commerce entities/ electronic retailers to follow. ......
July 23, 2020
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Solution to Multiplicity of Arbitral Tribunals

Arbitration that was once supposed to be the panacea for the woes of litigation, has now become complex and expensive due to several factors, such as ‘multiplicity’ of tribunals, awards, references and challenges arising among the same parties, contracts or series of contracts. Multiple arbitrations before different tribunals has led to the increase in “multiplicity of arbitral tribunals”. ......
July 15, 2020
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India Making Strides Towards Protection of Non-Personal...

Amidst the clamour of “data is the new oil” and “data is the new currency”, the Indian government is now looking to regulate the collection, storage, access and usage of personal as well as non-personal data. There are concerns that the Indian government as well as authorities all over the world are struggling to resolve. ......
July 9, 2020
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Supreme Court lays down tests to determine ‘Contr...

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....
July 2, 2020
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Third Party Litigation Funding in India

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....
June 24, 2020
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Defamation Against Blind Items

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. ...
June 17, 2020
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Revisiting Representation and Warranty Clauses

Clauses related to representations, warranties and indemnifications are widely negotiated clauses of commercial contracts especially in M&A transactions. The interests of the parties to a contract typically do not align with respect to the representation and warranties clause of the contract, which usually comprises a major chunk of the agreement. ...