The Delhi High Court, in a 17 November 2018 interim order (subject to the final outcome of the case) in Horlicks and Anr v Heinz India, held that advertisements are protected under article 19(1) (a) of the Constitution as facets of commercial speech and can only be restricted in accordance with the provisions of article Read more about Advertisements protected as freedom of speech[…]
The promulgation of Companies (Amendment) Ordinance, 2018, to promote ease of doing business and corporate compliance received presidential consent on 2 November. The main features of the ordinance are re-categorization and starting a technology driven in-house adjudication mechanism for certain compoundable offences that are subject to penalties, as well as reducing the burden of the Read more about New companies ordinance imposes stiffer penalties[…]
The Specific Relief (Amendment) Act, 2018 (act), which received presidential consent on 1 August 2018, attempts to facilitate rapid economic and infrastructural growth. It removes the discretionary powers of the courts to stay applications for specific performance of contracts. By making enforcement a mandatory rule the act allows companies to enter into contracts with a Read more about Amended act reduces court’s discretionary powers[…]
Corporates in course of business enter into contracts, but often, when matters do not go as planned, they have to contend with a raft of new challenges resulting into a dispute. Aside traditional litigation, arbitration has been increasingly adopted as an effective means of resolving international & commercial disputes which if used in an appropriate Read more about DISPUTE RESOLUTION (ADR)[…]
Following an increase in personal data theft and other digital crimes, a draft Personal Data Protection Bill, 2018, was submitted to the Ministry of Electronics and Information Technology by a committee of experts chaired by retired justice BN Srikrishna on 27 July. The proposed data protection framework was prompted by the case of Justice KS Read more about Draft data protection bill: Key points for companies[…]
Companies with business interests in India need to analyse and evaluate their approach to dealing with mercantile disputes in the wake of amendments by way of an ordinance dated 3 May in the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, now to be known as the Commercial Courts Act, Read more about Ordinance marks overhaul of Commercial Courts Act[…]
The increase in high profile banking frauds called for the promulgation of Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, dated June 6th, 2018. The advent of this amendment Ordinance, 2018 presses upon the Banks and Corporate entities for enhancement in transparency in the CIRP and disclosure of their functioning. The main purpose of the Amendment Read more about IBC (Amendment) Ordinance, 2018 Delivers Positive Modifications[…]