Corporate Law

Section 2 (s) of the Industrial Disputes Act, 1947 ("ID Act") defines workman as any person employed in an industry for manual, skilled, technical, clerical, or supervisory work, including those dismissed, discharged, or retrenched related to industrial disputes ("Workman"). The definition excludes individuals performing managerial or administrative roles in the industry. ......

The Supreme Court of India ("Court") adjudicated a Public Interest Litigation ("PIL") that was filed by the Hindu Sena Samiti, on November 14, 2024. The petitioners raised concerns about inflammatory statements made by various political figures, alleging that such statements threatened public order and national security. ......

The Supreme Court of India (the "Supreme Court") passed two interim orders in October 2024, both of which ruled in favour of journalists against whom FIRs have been filed. In both instances, the FIRs were registered against the journalists for writing articles, alleging that the Uttar Pradesh Government favours individuals from certain castes for their appointment to administrative posts. ......

On September 12, 2024, the Department of Economic Affairs, Ministry of Finance notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 ("Compounding Rules"), in supersession of the Foreign Exchange (Compounding Proceedings) Rules, 2000. Subsequent to the notification of the Compounding Rules, the Reserve Bank of India ("RBI") notified the new directions on the compounding of contraventions. ......

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ......

On September 19, 2024, the Department of Telecommunications, ("DoT") issued the Telecommunications (Right of Way) Rules, 2024 ("RoW Rules") under the Telecommunications Act, 2023 ("Telecom Act"). The RoW Rules, which will come into force on January 1, 2025, seek to regulate the establishment, operation and maintenance of underground telecommunications infrastructure. ......

In a recent judgment, the Delhi High Court ("Court") dealt with the emerging issue of social media influencers commenting on topics they are unqualified to discuss, particularly when such comments have the potential to harm a brand's reputation. The case of Zydus Wellness Products Limited v. Mr. Prashant Desai , highlights the growing responsibility of influencers. ... ...

In January 2024, a division bench of the Bombay High Court consisting of Justice G. S. Patel and Justice Neela Ghokale (the "Division Bench") pronounced a split verdict in the case of Kunal Kamra v. Union of India & Ors. In the said matter, the constitutional validity of the amendments made to Rule. ......

Pursuant to the commitments made during the announcement of the Union Budget 2024-25, the Department of Economic Affairs of the Ministry of Finance, notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 on September 12, 2024 ("Rules") pursuant to Section 46 of the Foreign Exchange Management Act, 1999. ......