Corporate Law

The Government of India has recently amended its Foreign Direct Investment Policy ("FDI Policy") and barred automatic investment into India by its neighbouring countries. A press release[1] dated April 17th, 2020, ("Press Release") issued by the Department for Promotion of Industry and Internal Trade (DPIIT) has revised the FDI Policy to curb opportunistic takeovers or acquisitions of Indian companies in the aftermath of the novel coronavirus outbreak and the looming economic crisis....

In the wake of the prevailing Covid – 19 pandemic and subsequent government lockdown in India, the Ministry of Corporate Affairs (“MCA“) has been playing a vital role in implementing several relaxations and directives while taking cognizance of the public health issue before us. ...

Directors of a company hold a fiduciary position and are expected to manage the affairs of the company in a manner beneficial to the company’s interests. Directors’ liability arises because of their position as agents or officers or trustees of the Company as also for having fiduciary relation with the Company and its shareholders....

The sweeping and unprecedented pandemic that is the novel coronavirus ("COVID – 19") has impacted businesses and their operations globally. These circumstances are unique and the future is unquantifiable. Governments all over the world are attempting to contain it by implementing lockdowns, India itself having effected a complete lockdown for 21 (twenty one) days. In light of the same, the Government has realised the importance of offering relief to not only employees but also employers. ...

The Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013 ("Act") defines sexual harassment as any unwelcome act or behaviour (whether directly or by implication) namely, physical contact and advances, or demand or request for sexual favours, or making sexually coloured remarks, or showing pornography, or any unwelcome physical, verbal or non-verbal conduct of sexual nature....

In the wake of the prevailing COVID-19 situation and given the magnitude and the extent of its spread, the corporate sector is required to play a key role in implementing the strategic policy decision of social distancing, which is most crucial for reducing the rate and extent of the disease transmission at community level....

In the context of arbitration, the terms “seat” and “venue” have very specific meanings. However, judicial interpretation over the years have created confusion as to the actual understanding of the same. In India, over the course of the past two years, we have seen conflicting decisions with respect to interpretation of arbitration clauses and determining the “seat of the arbitration”. In light of that, the recent decision of the three-judge bench of the Supreme Court in Mankastu Impex Private Limited V Airvisual Limited (“Mankastu”) has attained utmost significance. ...

On March 4, 2020, a three-judge bench of the Supreme Court of India ("Supreme Court") set aside the Reserve Bank of India’s ("RBI") circular dated April 6, 2018 ("Circular"), which prohibited entities regulated by the RBI from dealing in virtual currencies or providing services for facilitating any person or entity in dealing with or settling virtual currencies. The Supreme Court set aside the Circular on the ground of proportionality....

The insolvency of Jaypee Infratech Limited (JIL) and the fate of its various stakeholders, including distressed home buyers, has occupied space on our screens for years on end now, The JIL insolvency has required a careful unravelling of various entangled matters and has in this process, become a touchstone to test the resilience and sturdiness of the Insolvency and Bankruptcy Code introduced in 2016 (the "Code" or "IBC")....