The Digital Personal Data Protection Act, 2023 (DPDPA), passed in August 2023, by the Indian Government marks a significant shift in how companies approach the collection, processing, and utilization of personal data of individuals within the country. With the rules to be framed under the DPDPA on the horizon, it is imperative that companies initiate…
ESG Reporting in India: Balancing Profit, People, and Planet With the turn of almost a quarter of a century since the launch of the first version of its guidelines by the Global Reporting Initiative (GRI), and keeping pace with the enhanced Environmental, Social, and Governance (ESG) consciousness across the globe, the concept of ESG…
This article charts the judicial trend in respect of modification or variance of arbitral awards by courts under the Indian arbitration regime and comments on the need for legislative amendments to avoid divergent views taken by courts. Ensuring minimal judicial intervention in arbitral proceedings has been the cornerstone of the success of arbitration as an…
“In this world, there are only two tragedies. One is not getting what one wants, and the other is getting it.”1 – Oscar Wilde, Act III, Lady Windermere’s Fan, 1893 The current enforcement landscape for interim awards in India is characterized by two distinct scenarios: The first scenario involves interim measures granted by Indian courts…
The Ministry of Corporate Affairs (MCA) has amended the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, by inserting a new sub-rule (5) to rule 25A, which governs cross-border mergers. The key aspects of the amendment are as follows: Applicability: This new sub-rule applies to mergers or amalgamations where a foreign holding company merges with its…
The Securities and Exchange Board of India (SEBI) had been reviewing delisting regulations for over a year to address concerns about operators who manipulate stock prices around corporate events to extract more than the fair value from company promoters. Last year, it was emphasized that the regulator aims to prevent entities from feeling trapped in…
In the case at hand, the taxpayer entity is a private company domiciled in Mauritius. The entity intended to operate as a pooling vehicle for investments held a Category I Global Business and had aggregated funds from investors worldwide. The entity had acquired shares of a Singapore based company before 1 April 2017 which has…
In the Indian context, Tax authorities often challenge the Tax treaty benefits to the fiscally transparent entities such as foreign partnership firms on the premise that such entities do not qualify as a tax resident of that country and are not liable to tax in their home country. In the given case, a US-based…
On September 23, 2024, a Division Bench of the Supreme Court comprising of the Chief Justice and J. Pardiwala in Just Rights for Children Alliance v S Harish, held that mere viewing of child pornographic content (even if such content was not downloaded, stored and shared) was an offence under Section 15 of the Protection…
In Kunal Kamra v Union of India, the Hon’ble Bombay High Court, through a tie-breaking judgement by Justice Atul Chandurkar, struck down the Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules), made in 2023.[1] A Division Bench had earlier decided on the constitutionality of these Amendments to…