Corporate Law

On March 22, 2024, a 3 (three) judge bench of the Supreme Court passed an order reiterating the importance of freedom of speech and expression, granted by Article 19(1)(a) of the Constitution of India, in relation to articles published by media platforms. ...

The Ministry of Corporate Affairs set up the Committee on Digital Competition Law ("Committee") on February 6, 2023 in order to evaluate the need for an ex-ante regulatory mechanism for digital markets in India, reviewing the current provisions of the Competition Act, 2002 ("Competition Act"), assessing whether they are sufficient to deal with challenges that have emerged from the digital economy, and evaluating whether a separate legislation to regulate digital markets is needed. ......

The Ministry of Electronics and Information Technology ("MeitY"), on March 1, 2024, issued an advisory for all intermediaries under the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). ......

On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ......

The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same....

On February 21, 2024, the Union Cabinet made a historic stride by sanctioning a groundbreaking revision to India's Foreign Direct Investment Policy ("FDI Policy") in the space sector. This pivotal decision marks a significant departure from India's traditional stance, signaling a bold shift towards leveraging private investment and expertise to drive the nation's space aspirations forward. ......

The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ......

In a recent Delhi High Court judgement , the Court laid the foundational stone on the jurisprudence of retweeting and whether it amounts to 'publication' for the offence of defamation under Section 499 of the Indian Penal Code, 1860 ("IPC"). It was held that every retweet of defamatory imputation would ordinarily amount to 'publication' under Section 499 of the IPC, and it is ultimately for the person so aggrieved to decide as to which retweet caused more harm to his reputation, and inter alia lowered his moral or intellectual character or his credibility among the members of society. ......

On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ......