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Divisive no longer: Delhi HC clarifies contrary views on filing Divisional Applications
A Division Bench of the Delhi High Court has brought much-required clarity on filing of divisional applications in India, which at least two different single judge benches of the same court had disagreed upon previously. ...
DEMATERIALISATION OF SECURITIES
On October 27, 2023, the Ministry of Corporate Affairs, notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 ("Amended Prospectus Rules") to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014 ("Prospectus Rules"). ...
He Said, He Said: Personality Rights and the Protection of Phrases
An order passed by the Delhi High Court in Anil Kapoor vs Simply Life and Others CS (COMM) 652/2023 granted interim relief to Mr. Anil Kapoor for protection of his name, likeness, voice, persona, manner of speaking, dialogue delivery, and other attributes of his personality against unauthorized commercial use. ...
MCA Notifies Amendments to the LLP Rules, 2009
On October 27, 2023, the Ministry of Corporate Affairs, in exercise of its powers under sub-sections (1) and (2) of Section 79 of the Limited Liability Partnership Act, 2008 (“LLP Act”), issued a notification to amend the Limited Liability Partnership Rules, 2009 (“LLP Rules”). The amended rules make several significant changes to the extant LLP Rules, primarily related to the register of partners and beneficial interests in the contributions of the Limited Liability Partnership (“LLP”). ...
PROOF OF LOSS IS A SINE QUA NON FOR CLAIMING LIQUIDATED DAMAGES
Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ...
Supreme Court’s Ruling on Dismissal of a Defamation Complaint by a Magistrate by App...
In a recent judgement, M/S Iveco Magirus Brandschutztechnik Gmbh vs. Nirmal Kishore Bhartiya & Anr. , the Supreme Court held that nothing prevents the Magistrate from dismissing a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 ("IPC") even before summoning the accused. ...
Introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023: A Step Towards Digital India...
The Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") bill which aims to replace the Code of Criminal Procedure, 1973 ("CrPC"), was introduced in the Lok Sabha on August 11, 2023 along with the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Sakshya Bill, 2023. The bills have been introduced with the intent of freeing India from the shadow of colonisation, however a plain reading of the BNSS bill reveals that it has retained a majority of the provisions of the soon to be erstwhile CrPC. ...
Exploring the Impact of the Bharatiya Sakshya Bill, 2023 on Admissibility of Electronic Ev...
Among the three bills presented in the Lok Sabha namely, the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill, the Bharatiya Sakshya Bill, 2023 (hereinreferred to as the "BSB") emerged as a significant legislative proposal aimed at replacing the antiquated Indian Evidence Act of 1872 (hereinafter referred to as the "Evidence Act"). The BSB introduces a notable alteration in the admissibility of electronic evidence within the judicial system by encompassing "electronic and digital records" under the definition of "Document". ...
Sovereignty, Secession and Subversion: A Wolf in Sheep’s Clothing?
The Bharatiya Nyaya Sanhita Bill, 2023 ("New IPC Bill"), the proposed successor to the existing Indian Penal Code, 1860 ("IPC") was introduced in the Lok Sabha on August 11, 2023. The Bill was tabled along with two other bills: (1) Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and (2) Bharatiya Sakshya Bill, 2023 intended to replace the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively. ...
The Mediation Act, 2023
The Mediation Act, 2023 (the “Act”) was passed by the Rajya Sabha on August 1, 2023, the Lok Sabha on August 7, 2023, and was notified in the Gazette of India after receiving the assent of the President of India on September 15, 2023. First introduced in Parliament on December 20, 2021 (“2021 Bill”), the 2021 Bill was then referred to a Parliamentary Standing Committee (“Standing Committee”), which submitted its report to the Rajya Sabha chairperson on July 13, 2022. ...
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