Corporate Law

The Ministry of Corporate Affairs (“MCA”) vide its notification dated July 5, 2018 has notified the Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 (“Rules”). The Rules shall come into force with effect from July 10, 2018. The Rules require that every person holding Director Identification Number (“DIN”) must get his KYC updated with the MCA within the due dates provided in the Rules....

Clauses that usually appear at the end of a contract are called Boiler Plate Clauses. Although often grouped together, boilerplate provisions don't have much in common with one another except that they don't fit anywhere else in the agreement. For that reason, they are usually clubbed together at the end of the agreement under a title such as "Miscellaneous," "General," or "Standard." Most boilerplate clauses clarify the relationship between the contracting parties. Typically, when a dispute arises it is these boiler plate clauses which are first referred to. The effect of a boilerplate clause is most often noticed when it is omitted from a contract. In the present series, we are focusing on four significant boiler plate clauses of a contract – assignment, severability, notices and force majeure....

Clauses that usually appear at the end of a contract are called Boiler Plate Clauses. Although often grouped together, boilerplate provisions don't have much in common with one another except that they don't fit anywhere else in the agreement. For that reason, they are usually clubbed together at the end of the agreement under a title such as "Miscellaneous," "General," or "Standard." Most boilerplate clauses clarify the relationship between the contracting parties. Typically, when a dispute arises it is these boiler plate clauses which are first referred to. The effect of a boilerplate clause is most often noticed when it is omitted from a contract. In the present series, we are focusing on four significant boiler plate clauses of a contract – assignment, severability, notices and force majeure....

The Reserve Bank of India (“RBI”) has introduced a system of the Single Master Form (“SMF”) for foreign investment reporting. Significantly, the RBI now requires all Indian entities having foreign investment to provide an update of the total foreign investment by July 12, 2018....

Clauses that usually appear at the end of a contract are called Boiler Plate Clauses. Although often grouped together, boilerplate provisions don't have much in common with one another except that they don't fit anywhere else in the agreement. For that reason, they are usually clubbed together at the end of the agreement under a title such as "Miscellaneous," "General," or "Standard." Most boilerplate clauses clarify the relationship between the contracting parties. Typically, when a dispute arises it is these boiler plate clauses which are first referred to. The effect of a boilerplate clause is most often noticed when it is omitted from a contract. In the present series, we are focusing on four significant boiler plate clauses of a contract – assignment, severability, notices and force majeure....

The twentieth century rock icon, Jim Morrison, reportedly once said, “The most important kind of freedom is to be what you really are.” Although it was said in another context, Morrison’s quote reinforces the significance of rights that persons have in protecting their individuality, and the traits and characteristics associated with their person. This is where the notion of ‘personality rights’, as we define it in legal parlance, comes in....

Indian Courts have consistently upheld the existence of the right to privacy of individuals. While biographies are important sources informing people of the life stories of their leaders and celebrities, it is important for the authors and the publishers to strictly follow the broad principles that have been laid down by the Courts. There are clear guidelines on how only what is in public domain may be reproduced in a publication. What qualifies as public domain, and where might the author be required to produce written consent is an important understanding to avoid injunctions and other repercussions....

Defamation in India is both a civil and a criminal offense. Conceived by Lord Macaulay in 1837 in the first draft of the Indian Penal Code and subsequently codified in 1860, Defamation Laws were along the same lines of the prevailing English law. The UK itself has since decriminalized Criminal Defamation where as Indian Law is unchanged in its stance on the subject. This article looks into the history, the current position of Defamation Law in the country and also at the voices raised against it....

A number of amendments to the FDI Policy, 2017 have been approved by the Union Cabinet. Single Brand Retail Trading no longer requires government approval for FDI....