Tag: defamation
August 5, 2025
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
A New Dimension in Defamation Law: Compelled Self-Publi...
Defamation law in India is rooted in a few fundamental elements: (i) the statement must be false and defamatory; (ii) it must be published to someone other than the person defamed....
July 30, 2025
Corporate Law | Corporate
Corporate Law | Corporate
Limits of Vicarious Liability in Case of Defamation: An...
Recently, in the case of Google India Private Limited v. Nayana Krishna , the Karnataka High Court ("Court") examined whether a subsidiary company can be retained as a defendant......
April 9, 2025
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?
In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ......
October 16, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Media Persons Cannot Be Prosecuted for Defamation for D...
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. ......
July 17, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
CHANGES IN LAW PERTAINING TO SEDITION, DEFAMATION AND I...
The Bharatiya Nyaya Sanhita, 2023 ("BNS"), the legislation that replaced the existing Indian Penal Code, 1860 ("IPC") was brought into effect on July 1, 2024. BNS while introducing various new offences also reformulates certain older provisions and introduces new nomenclature for some offences. . . . ...
July 3, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Balancing Public Information and Media Truth with Indiv...
In a recent judgment delivered on May 31, 2024 , the Delhi High Court ("Court") dismissed 2 (two) suits filed by an individual seeking compensation/damages for loss of his reputation, against the newspaper Hindustan Times and its publisher, editor and correspondent (hereinafter together referred to as the "Defendants"). ......
April 3, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Freedom of Speech Essential for Media Platforms: Suprem...
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. ...
March 6, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Certifying a Bold New Future: The Draft Cinematograph (...
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....
January 10, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
PRITAM CHAND V DR. KAMAL SAINI: DEFINING THE LIMITS OF...
The Jammu and Kashmir and Ladakh High Court ("J&K&L Court") in its recent order in Pritam Chand v Dr. Kamal Saini (CRMC No. 758/2017), stated that the press must refrain from publishing content in the newspaper that is manifestly defamatory in nature against an individual. ......
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...
An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
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