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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,…