The 21st century has been defined by the omnipresence of multinational corporations operating expansive business empires across diverse time zones. The engine of global economic growth no longer rests upon the monolithic pillars of government-controlled entities; rather, it has shifted towards dynamic, privately-driven multinational enterprises. These corporations have increasingly emerged as the torchbearers of economic progress, leveraging interconnected markets to unlock unprecedented growth opportunities. This evolution has also ushered in a complex interplay between taxation authorities and corporate entities conducting…
In the modern economy, companies are not only operating to make a profit or to increase their scale of operations. They play an influential role in society as well as the developmental framework of the nation. Corporations have access to wide markets, advanced technologies, and talented individuals, which help them not only to succeed but also to become financially stable. But alongside their achievements, they acquire a duty, the duty to pay back to the community that fosters their development.…
Navin Kumar writes — a profound note on doctrine of compelled self-publication in the light of judgment delivered by Hon'ble Delhi High Court in “Abhijit Mishra Vs. Wipro Limited” dated July 14, 2025 assessing it's implications in today's corporate world. Words are not merely sentences; they are legal acts. A single statement can implicate you in a crime, bind you to a contract, or make you liable to answer in a court of law. In the courtroom, every word can…
INTRODUCTION Sexual harassment of women in the workplace poses a significant concern in India, as it directly violates the constitutional guarantees of equality, dignity, and the right to a safe working environment. In today’s world, a large number of women entering the workforce in all sectors, there is also an increased incidence of such malpractices exposing sexual harassment within professional setups. The turning point for the protection of women in India came in the Vishaka v. State of Rajasthan case,…
In a landmark judgment delivered by the Hon’ble Delhi High Court on June 25, 2025, a fresh wave of discussion has emerged within legal and corporate circles surrounding the enforceability of non-compete clauses. The Hon’ble High Court, while reaffirming the principle of Section 27 of the Indian Contract Act, 1872, stated that it is clear that any terms of the employment contract that impose a restriction on the right of the employee to get employed post-termination of the contract of…
The advent of the 1991 economic reforms marked the beginning of globalization in the Indian economy, leading to the influx of numerous multinational companies. This surge in foreign transactions necessitated a structured legal framework, culminating in the enactment of the Foreign Exchange Management Act (FEMA), 1999. The Act aimed to facilitate external trade and payments and promote the orderly development and maintenance of India's foreign exchange market. Under Section 3 of FEMA, the Reserve Bank of India (RBI) has been…
In a significant move, the Ministry of Finance, through its official gazette, has announced an enhancement of the Foreign Direct Investment (FDI) limits for satellite-related activities under the FEMA (non-debt instrument) Rules. As outlined in the notification, the investee entity is required to adhere to sectoral guidelines issued by the Department of Space. These new regulations, referred to as the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2024, has come into effect on April 16, 2024. Union Cabinet Approves…
For quite some time, there has been a noticeable prevalence of unethical promotional practices and relationships between drug promoters and medical professionals in the healthcare industry. This bias has influenced the trade of medicines significantly. Through offering gifts, travel opportunities, monetary grants, and other incentives, medical representatives and promotional agencies have been enticing healthcare professionals to endorse their products. Consequently, competition in the market has become unjust and unfair. Medical professionals have tended to prescribe medications solely based on their…
What do we understand by the term: In the ever-evolving landscape of dispute resolution, emergency arbitration has emerged as a crucial mechanism for parties to obtain urgent interim relief before the formal constitution of an arbitral tribunal. This article delves into the status of emergency arbitration both internationally and in India, its potential benefits, and its distinctions from interim relief under the Arbitration Act. The concept of emergency arbitration has evolved from the world of dispute resolution through the process…
The Hon’ble Supreme Court by a seven Judges bench decision overrules 'N.N. Global Mercantile' Judgment. In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899: And With Arbitration Petition No. 25 of 2023: Date of decision:- 13.12.2023 In a unanimous ruling, a seven-judge panel of the Hon’ble Supreme Court has held that unstamped or inadequately unstamped arbitration agreements do not automatically become void or unenforceable from the outset. According to the…
INTRODUCTION: Bail stands as a fundamental and integral component within the criminal justice system, enabling individuals accused of a crime to secure release from custody while awaiting trial. It serves to uphold the accused's right to a fair trial. Black’s Law Dictionary defines Bail as “To procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court. To set at liberty a person arrested…
INTRODUCTION: RERA, which stands for the Real Estate Regulatory Authority, assumes the pivotal role of safeguarding the real estate landscape, akin to a vigilant guardian. Its watchful eye extends benevolently to both builders and buyers, ensuring a domain characterized by equitability and transparency within the expansive realm of real estate. Enacted by the Government of India through an order dated March 26, 2016, RERA, however, came into full effect on May 1, 2017. The introduction of this legislation was motivated…
Introduction: An “Independent Director” is a non-executive board member of a company whose role is to enhance the company's corporate credibility and uphold governance standards. They play a vital role in preventing any undue influence or dominance by a single individual or a specific interest group within the company. The ‘Independent Director’ (ID)is defined under sub- section (6) of section 149 of the Companies Act, 2013. (6) An independent director in relation to a company, means a director other than…
A guide to business set-up in India for foreign companies India, with its vast consumer base, diverse culture, and rapidly growing economy, presents an enticing prospect for businesses looking to expand their global footprint. However, like any international venture, establishing and operating a business in India requires a thorough understanding of the legal framework, regulatory compliance, and cultural nuances. In this article, we'll delve into the key aspects of doing business in India, covering essential legal considerations, procedures, and processes.…
A mere deviation from normal professional practice is not necessarily evidence of negligence. Let it also be noted that a mere accident is not evidence of negligence. So also an error of judgment on the part of a professional is not negligence per se. Higher the acuteness in emergency and higher the complication, more are the chances of error of judgment. At times, the professional is confronted with making a choice between the devil and the deep sea and he…
Medical negligence is a contentious issue that has garnered significant attention in the realm of healthcare and legal discourse in India. As a nation rapidly advancing in the field of medicine, the complexity and sophistication of healthcare services have increased manifold. However, alongside these advancements, the unfortunate reality of medical negligence has also become more pronounced. Medical negligence, often referred to as medical malpractice, occurs when a healthcare provider fails to meet the standard of care expected in their profession,…