Publications

The Indian Contract Act, 1872 (“Act”) is a cornerstone of the nation’s legal framework, governing the formation, performance and enforcement of contracts. Under this comprehensive body of law, the notion of damages holds immense significance, serving as a crucial remedy for parties aggrieved by breaches of contractual obligations.

An e-commerce business refers to a commercial enterprise that operates online, primarily involved in buying and selling products or services over the Internet. The Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”) defines an e-commerce entity as an individual or entity that owns, operates, or manages a digital or electronic platform or facility for conducting electronic commerce. However, it does not include a seller who offers their goods or services for sale on a marketplace e-commerce platform.

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce & Industry is responsible for formulating FDI policies and managing data on inward FDI. Initiatives such as Make in India, champion sector support, and project development cells under the Scheme of Investment Promotion (SIP)[1] have been launched to promote investment.

Indemnification, in its simplest form, is a situation where one party replenishes the losses suffered by aggrieved party due to acts or omissions committed by the replenishing party. It is a legal concept that refers to compensation provided to one party by another for potential losses, damages, or liabilities that may arise from a specified event or circumstance. Indemnity Clause is a contractual provision that seeks to transfer the burden of potential loss or liability from one party to another. Its purpose is to safeguard one party (the indemnity holder/ indemnified) by ensuring that any potential losses, damages, etc. caused to it are assumed by the other party which has caused such potential loss or damage (indemnifier/ indemnifying party).

In India, the regulatory framework for fintech is currently fragmented, lacking a unified set of rules or norms that govern all fintech services. This fragmentation poses challenges in effectively regulating the industry since there is no comprehensive set of fintech laws. The primary regulatory agencies overseeing this sector in India include the Reserve Bank of India (RBI), the Insurance Regulatory and Development Authority of India (IRDAI), the Securities and Exchange Board of India (SEBI), the Ministry of Corporate Affairs (MCA), and the Ministry of Electronics and Information Technology (MEITY)

Navigating HR and Employment Laws in India requires a thorough understanding of the legal landscape and a commitment to compliance. By following the checklist outlined in this article, organisations can ensure they are legally compliant, protect employee rights, and minimize the risk of legal disputes. Proactive adherence to HR and Employment Laws not only establishes a positive work environment but also promotes a culture of fairness, equality, and employee well-being.

The POSH Act applies to all workplaces in India, including government organisations, private sector, hospitality or nursing homes, sports institutes/facilities, or a dwelling place or house safeguarding the rights of women who are employed or visit any workplace, irrespective of their employment status.

The concept of moonlighting has become a major talk of the corporate town, and with the recent take of Mr. Sandip Patel, MD, IBM India, we get a hint of this trend gaining momentum amongst the peers in the tech industry. He dissuaded employees from siding with moonlighting if the interests of the company are at stake. He emphasized on following the due process, if at all, employees wish to take up side jobs but his internal note terms moonlighting as a violation of trust, policy and creates a potential conflict of interest. It is clear from his views that companies really have important concerns and are finding themselves at the cross-roads although there might be the necessary bending going on, on the inside to accommodate the interests of both the employers and the employees.

We are penning this article to give the readers a brief outlook on the potential advantages in respect of the structuring of an investment via compulsorily convertible debentures in comparison to other pure equity instruments.

Through this brief article, we aim to provide a gist of the registration and licensing requirements for an entity engaged in peer-to-peer lending in India in addition to the prudential and reporting requirements in such respect.

This article speaks on the salient differences between the exercise of a ‘Right of First Refusal’ and a ‘Right of First Offer’.

Often used together, Private Equity (PE) and Venture Capital (VC) are different concepts pertaining to infusion of capital through equity purchase by investors. Thought to be similar concepts, PE and VC differ from each other in their basics. With the focus to invest in companies possessing ideas or expansion related plans or simply with a view of getting a profitable exit, citing the growth prospect of the investee companies, this article aims to explain the concept of PE and VC, along with laying down the differences between the concepts and finally explaining in brief, the legal mechanisms that govern PE and VC.