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August 20, 2025

May or Shall: A Curious Case of usage in Arbitration Cl...

In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement......
November 13, 2024

REWIRING INDIA’S FRAMEWORK FOR APPOINTMENT OF AN ARBITR...

The recent judgment by the Supreme Court's ("Court") constitutional bench in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) brings in a fresh vision for Indian arbitration law. The landmark judgment delivered by a five-judge bench headed by Chief Justice D.Y. Chandrachud addresses. ......
August 7, 2024
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Section 164(2) of The Companies Act: Supreme Court Weig...

The Companies Act, 2013 ("Act") is the primary legislation on the law of companies in India and deals with the incorporation, registration, regulation, and administration of companies registered in India. While the primary nature of the legislation is regulatory, it also contains several ‘enforcing provisions’ that serve to impose penalties on instances of non-compliance. ......
June 26, 2024

Advertisers to Submit Self-Declarations for their Adver...

On May 7, 2024, the Hon'ble Supreme Court passed an order in the case of Indian Medical Association & Anr. v. Union of India & Ors. requiring submission of self-declarations by advertisers/advertising agencies before the publication or broadcast of any advertisement ("Order"), for consumers to be able to make informed decisions about the quality of products that are offered to them for sale. ......
May 15, 2024

Both Celebrities and Influencers to be liable for Decep...

In today's media-saturated environment, consumers are increasingly susceptible to external influences disseminated through the media, with celebrities often leading the charge in shaping consumer behavior. Whether through social media platforms, traditional advertising channels, or product endorsements, the impact of celebrity-focused advertising extends beyond mere entertainment and impacts consumer decisions. ......
May 17, 2023

Enforceability of Unstamped Arbitration Agreements: Ano...

Recently, a five-judge bench of the Supreme Court rendered its judgment in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited ("N.N. Global 2") and has put to rest the question on whether arbitration agreements included in unstamped/ insufficiently stamped instruments are valid and enforceable. ......
November 16, 2022
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The Supreme Court’s Opinion on the Employees̵...

The Government of India is empowered by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ("Act"), to frame a scheme called the Employees' Pension Scheme for the purpose of providing. ......
May 12, 2021
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To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......
March 5, 2021
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Gathering evidence in IP suits: The Thin Line between I...

There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations. Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. ......

Drafting deepfake defences: comments on India’s proposed amendments to the IT Rules

On October 22, 2025, the Ministry of Electronics and Information Technology ("MeitY") proposed significant amendments ("Proposed Amendments") to the Information...

Formulation fight: Amgen case tests patentability of biopharmaceuticals in India

In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides...

Implementation of India’s Four Labour Codes: Key Changes and the Road Ahead

On November 21, 2025, the Ministry of Labour and Employment issued notifications operationalizing substantial portions of India's four labour codes...

The Digital Personal Data Protection Rules, 2025: A New Digital Frontier

The Ministry of Information and Technology (“MeitY”) on Thursday, November 13, 2025 notified the Digital Personal Data Protection Rules, 2025 (the “DPDP Rules”), framed under the Digital Personal Data Protection Act, 2023 (the “DPDP Act”).

Indemnity and Limitation of Liability Clauses: Strategic Risk Allocation in Commercial Con...

In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation...

RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...

Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...

Government Sahyog in Tightening Takedowns

In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...

Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration

As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.

The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco

Representations, Warranties and Covenants: What are the consequences of breach?

Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.