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Personal Data Protection Bill enables data flows from India to Singapore

By Arun S Prabhu, Cyril Amarchand Mangaldas
India has waited many years for its general data protection legislation. This key legislation will regulate the data of over 1.4 billion people, impact businesses ranging from corner stores to conglomerates, and create what...
Jury-out-on-fate-of-cryptos-NFTs-Indian-Law-cryptovideo

Jury out on fate of cryptos, NFTs

By Raghavan Ramabadran & Sai Prashanth, Lakshmikumaran & Sridharan in Chennai
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and...
Top Foreign Firms 2021 - Mapping global expertise

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, India Business Law Journal reveals the top foreign law firms for India work. By Vandana Chatlani Well over a year has passed since the...
Cryptocurrencies unchained

Cryptocurrencies unchained?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas; Rajiv Luthra and Anirudh Gotety, L&L Partners
Since the Supreme Court overturned India's ban on cryptocurrencies, trading volumes have increased exponentially and home-grown crypto startups have blossomed. But the government has yet to establish a regulatory regime, and reports of another...
Crypto-crossroads

Crypto crossroads

Much like its value, the regulatory journey of bitcoin has had its ups and downs in India. With the recent jump in value, how will regulators react? Sourish Mohan Mitra reports Trading in bitcoins has...
India law firms- deals of the year 2020video

Deals of the Year

India Business Law Journal reveals the most significant deals and disputes of 2020 and the law firms that worked tirelessly in bringing them to fruition. By Rebecca Abraham The year gone by has been unlike...
data

Carlyle continues India investment with Nxtra stake

Freshfields Bruckhaus Deringer and L&L Partners advised entities within the Carlyle Group when it agreed to acquire a 25% stake in Bharti Airtel's data centre arm, Nxtra Data. Bharti Airtel, which will retain the remaining...
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Juggling act

The evolution of the personal data protection bill is influenced by the need to protect the interests of businesses, the government and the individual, writes Yukti Sharma India’s journey to a personal data protection law...
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PDP bill reaches parliament

The much-awaited Personal Data Protection Bill, 2019 (PDP bill) was introduced in the Lok Sabha (lower house) of the parliament on 11 December 2019. The PDP bill has been substantially revised from the draft PDP Bill, 2018, which was...
modi government

Wish list

As the Modi government comes back to power, Lawyers tell Gautam Kagalwala about their expectations for the new term The ruling Bharatiya Janata Party led by Prime Minister Narendra Modi has won the elections resolutely...
India Business Law Journal

Unintended consequences

Fighting online counterfeiting may come at the cost of business Taking action against counterfeiters is a worthy endeavour. Yet the chances of total victory may be slim, not least because the enemy in question has...

Parliament in numbers

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala assesses the performance of the Lok Sabha in the past five years compared with the two previous terms The 2019 budget session of India's parliament...

Online aggregators need legal, regulatory clarity

By Vishruta Kaul and Amit Khansaheb, Shardul Amarchand Mangaldas & Co
Regulation of e-commerce in India, specifically the permissibility of foreign investment in the sector has been dominated by, and has evolved into, a discussion on what constitutes a marketplace. While the foreign direct investment...
Parliament--The-monsoon-session

Parliament: the monsoon session

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala and Roopal Suhag assess key commercial bills that were debated and passed during the recent session The monsoon session of parliament in 2018 marked the...

Parliament: The winter session

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala and Gayatri Mann assess key commercial bills that were debated and passed during the recent session Last year witnessed the introduction and passage of key...
India in 2018

India in 2018

In-house counsel foretell the key issues and developments that will shape the country’s business and legal environment in the year ahead  DIBYOJYOTI MAINAK  India’s ‘start-up boom’ has seen a considerable decline over the last year especially...
Indian parliament: The monsoon session

Parliament: The monsoon session

In the first of our planned regular coverage of India's parliamentary sessions, Mandira Kala provides a roundup of important commercial bills that were debated and passed during the recent session, and an assessment of...
L Badri Narayanan and Shweta Walecha, Lakshmikumaran & Sridharan

Passage of four bills moves GST a step closer to reality

By L Badri Narayanan and Shweta Walecha, Lakshmikumaran & Sridharan
The proposed goods and services tax (GST) moved one step closer to becoming a reality on 27 March when the Lok Sabha (lower house of the parliament) approved the four bills which are intended...
Aniruddh Singh, LexOrbis

Celebrity endorsement in the Consumer Protection Bill

By Aniruddh Singh, LexOrbis
People admire celebrities and if those celebrities say that they like a product then the admirer will like that particular product, too. The concept of celebrity endorsement is simple and widely used as a...

Much needed progress seen in debt recovery laws

By Sawant Singh and Aditya Bhargava, Phoenix Legal
While the passage of the goods and sales tax (GST) bill has stolen the limelight, much was achieved by lawmakers in a productive monsoon session of the Indian parliament. An unheralded achievement is the...

Laying down laws

Mandira Kala, Aravind Gayam and Vatsal Khullar analyse the key bills pending in India’s parliament that would impact domestic and international businesses The recently concluded session of the Indian parliament was highly productive. In addition to debating the budget and...

New hope for creditors

Can the latest legislative attempt to improve India’s abysmal debt recovery rates succeed where others have failed? Rebecca Abraham reports Winding up an ailing company in India is not for the faint-hearted. It can take more...

Digital dreams

The evolution of paperless courts offers benefits such as increasing the efficiency and effectiveness of searches and facilitating collaboration, writes Allison Stanfield Today, a large proportion of evidence is created electronically and many documents are...

Goods and services tax: Barriers on the road ahead

By Ranjeet Mahtani, Rajat Chhabra and Ketan Tadsare, Economic Laws Practice
Victor Hugo once said “no one can resist an idea whose time has come”. Introducing GST in India was mooted way back in 2000 but it was only last month (on 6 May) that...

Canadian oil sector may be a good bet as prices ‘bleed’

By Raj Sahni, Bennett Jones LLP
As Baron Rothschild once noted, “the time to buy is when there’s blood in the streets”. Could the recent decline of crude oil prices to six-year lows represent just such an opportunity for Indian...
By Bijal Ajinkya and Rohit Jayaraman, Khaitan & Co

Budget and private equity: A missed opportunity?

By Bijal Ajinkya and Rohit Jayaraman, Khaitan & Co
India’s recent general elections gave the country its first single party government in 30 years with the Bharatiya Janata Party (BJP) obtaining a simple majority in the Lok Sabha. The overwhelming mandate coupled with...

Modi’s landslide

What now for the laws of business and the business of law? Fourteen members of the legal community discuss what to expect from India’s new government Narendra Modi is a “wildcard”, an “unknown quantity” to...
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Companies Act 2013: new rules now in place

The Companies Bill, 2012, was passed by the Lok Sabha (lower house of parliament) on 18 December 2012 and by the Rajya Sabha (upper house) on 8 August 2013. Following presidential assent on 29...
India Business Law Journal

Is India at a tipping point?

Long years ago we made a tryst with destiny ... Powerful oratory from India’s first prime minister, Jawaharlal Nehru, in a speech made on the eve of India’s independence, when he famously said India was...

Election Commission issues rules on use of social media

By Pooja Dodd, LexOrbis
Political campaigning used to mean gathering crowds and yelling catchy slogans to lure voters – Garibi Hatao (Abolish Poverty) and the like – larger-than-life grinning political leaders staring down large from hoardings and full-page...

New anti-corruption act: Will it be a wake-up call?

By Nusrat Hassan and Yosham Vardhan, DH Law Associates
Corruption is impeding the growth and development of India. The need for an effective institution to tackle corruption allegations against government officials led to the passage of the historic Lokpal bill in 2013, which...

Wrongful ‘gift’ will truly be expensive for companies

By R Sudhinder and Mihir Kamdar, Udwadia Udeshi & Argus Partners
The US Department of Justice requires, at the minimum, that gifts by companies must be of modest value, appropriate under the circumstances and given in accordance with anti-corruption laws and regulations, including those of...

Voters to enjoy secrecy via ‘none of the above’ option

By Vivek Vashi and Zeus Dhanbhoora, Bharucha & Partners
Thanks to the Supreme Court’s decision in People’s Union for Civil Liberties & anr v Union of India & anr, every voter in India can now exercise their right not to vote while at...

Key amendments incorporated in Finance Act, 2013

The president of India on 10 May signed into effect the Finance Act, 2013. Several key amendments were incorporated into the Finance Act during the course of its passage through the Lok Sabha (the...

Bill offers new protections for minority shareholders

By Puja Sondhi and Medha Srivastava, Amarchand Mangaldas
While the Companies Act, 1956, includes certain provisions for protection of minority shareholders’ interests, the Companies Bill, 2012, which was passed by the Lok Sabha on 18 December 2012, has introduced further significant provisions...

Wheels in motion?

Vishnu Padmanabhan examines the key bills passing through India’s parliament that may affect domestic and international businesses As India’s economic growth slows, almost everyone is clamouring for reforms. In India’s parliamentary democracy, any reform or...
By Kunal Mehra, Amarchand Mangaldas

Bill may open new avenues for cross-border mergers

By Kunal Mehra, Amarchand Mangaldas
In this era of economic recovery, an effective legislative framework is needed to facilitate and regulate corporate transactions, including cross-border mergers. Cross-border mergers can be challenging yet exciting, given the regulatory, corporate, competition, accounting,...

Corporate governance undergoing major review

By Ranjana Roy Gawai and Vasudha Senat RRG & Associates
Corporate governance is the acceptance by a company’s management of the inalienable rights of the shareholders as the true owners of the company and of the management’s role as trustees on behalf of the...

Foreign retailers should get set to drive into India

By Gautam Khurana, India Law Office
The retail juggernaut is ready to roll in India. After announcing that multi-brand retail (MBR) would be opened to foreign direct investment (FDI), the Congress government was virtually under siege. It was widely speculated...
ranjana-roy-gawai-and-vasudha-sen-rrg-associates

Companies and banks see laws change with the times

By Ranjana Roy Gawai and Vasudha Sen, RRG & Associates
December 2012 witnessed progress for key reform legislation aimed at changing the business landscape of India. After hanging in limbo for a long time, the lower house of the parliament cleared the revised draft...

India in 2013

Legal practitioners and in-house counsel share some of their predictions for the year ahead Bhavna Thakur, director, capital markets origination equities, Citigroup Global Markets India: For the Indian economy and capital markets, 2012 has been...
Any takers

Any takers?

A package of reforms aimed at whetting investors’ appetites may be too little too late Vandana Chatlani reports “Please remember, when the investment was not there, we did not eat lizards,” the former finance minister,...

New policy needed for compulsory land acquisition

By Amitabh Chaturvedi and Utkarsh Tewari, Mine & Young
The law for compulsory land acquisition in India dates back to colonial times, when it enabled the government to acquire land at a fair market price for roads, canals and other public purposes. The first...

Negative list approach to taxing services introduced

By Ranjeet Mahtani and Divya Jeswant, Economic Laws Practice
The Union Budget 2012-13 has proposed a paradigm shift in the way in which services are taxed, by moving from a “positive list” to a “negative list” approach. Currently, only notified services attract service...

In the pipeline

Of 97 bills that are languishing before India’s parliament, 10 would have a significant impact on business and investment, if passed. Chakshu Roy offers a foretaste of the key changes that can be expected As...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Legal means created to curb corruption in India

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Corruption is the abuse of entrusted power for private gain and encompasses corrupt practices in both the public and private sectors. It has become imperative to curb the corruption in India and the legislature...

Legal Market Report & Directory of Indian Law Firms – 2011

To accompany this year’s directory of Indian law firms, India Business Law Journal consulted widely with the country’s legal practitioners to reveal the current state of play in the legal market Vandana Chatlani reports Ashopkeeper in...

Who’s who?

The line between lawmakers and legal advisers is blurred. Is it desirable for legal advisers to draft laws on which they will advise? Raghavendra Verma reports from New Delhi The Competition Act, the Data Protection Act...
Akshay Jaitly,Yamini Jaishankar,Trilegal

Civil Liability for Nuclear Damage Bill, 2010

By Akshay Jaitly, Yamini Jaishankar and Sairam Sanath Kumar, Trilegal
Following President Barack Obama’s recent visit to India, reports in the media suggest that the central government has so far resisted any pressure from the US on making changes in certain provisions of the...
Cleaning up India's courts

Cleaning up India’s courts

Civil liberties lawyer Prashant Bhushan shares his controversial views on judicial accountability and explains why he believes the government is reluctant to tackle corruption Interview and photographs by Raghavendra Verma Prashant Bhushan, a 54-year-old civil liberties...

Are your hands clean?

In the wake of the Bhopal verdict, the BP oil spill and India’s new nuclear damage bill, fears over corporate liability – and in some cases the lack of it – have resurfaced Vandana Chatlani...

On your marks

India is racing to upgrade its creaking IP infrastructure. Will the improvements be fast enough to ensure a timely accession to the Madrid Protocol and satisfy the demands of domestic and international rights holders? Vandana Chatlani reports To...
Abhai Pandey,Lawyer,Lex Orbis

Madrid Protocol: Global protection of trademarks

By Abhai Pandey, Lex Orbis IP Practice
With India adopting the Madrid Protocol and the consequent need to harmonize the system of trademark prosecution, amendments to the existing trademark law have been suggested. The Trade Marks Amendment Bill, 2007, the first step...
Rebuilding value

Rebuilding value

Last year the Indian real estate market saw one of its worst plunges in recent history. The sector is now rebounding, with postponed and cancelled projects back on track George W Russell reports One sure sign of...
Defending a powerful brand

Defending a powerful brand

A case study of the intellectual property challenges faced by the Tata Group illustrates the complexities of managing and protecting the IP interests of large diversified corporations Achuthan Sreekumar reports In the mid-1990s the Tata Group...

FoxMandal trio enters parliament

As supporters of India’s Congress party revelled in the news of its decisive victory, FoxMandal Little, one of the country’s largest law firms, celebrated the election of three of its lawyers to the Lok...
India Business Law Journal

A step towards greater triumphs

It’s hard to believe that Twenty20 was born less than five years ago. Today, test cricket faces eclipse. It goes to show that projects of great moment seize their chance This month India Business Law...
Akshay Jaitly,Shailendra Kumar Singh,Trilegal

Proposed amendments to the Land Acquisition Act

By Akshay Jaitly,Shailendra Kumar Singh and Anuja Tiwari,Trilegal
The Land Acquisition Act, 1894, governs the acquisition of private land for any purpose by government or private entities. Practical experience shows that the process of land acquisition is beset with uncertain timelines, administrative...

Law Ministry seeks advice on Sen

The controversy surrounding a judge of the High Court of Calcutta, Soumitra Sen, is set to linger after the Union Ministry of Law and Justice declared in October that it was not sure if...

Legislative and regulatory update

Banking Banks have to provide borrowers with a copy of any loan agreement, the Reserve Bank of India (RBI) said on 22 August. According to the RBI, some banks were violating the Guidelines on Fair...
Sawant Singh and Ameya Khandge, Trilegal

A new era of securitization

By Sawant Singh and Ameya Khandge, Trilegal
The securitization market in India began evolving from the mid-1990s when originators such as ICICI and Citigroup took the lead in developing it at an institutional level. The issuance of securitization saw exponential growth from...
Legal news in brief

A round-up of legislative and regulatory developments

Foreign institutional investors, mutual funds, and other institutions may be allowed to short sell their stocks under a March proposal by the capital markets regulator, the Securities and Exchange Board of India (SEBI). Though...

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