vLex India

 From SSRN: Timothy Lubin, Dignity and Status in Ancient and Medieval India, (Human Dignity in Asia: A Dialogue between Law and Culture, edited by Jimmy Chia-Shin Hsu (Cambridge University Press, Forthcoming). Neil James Foster, Statutory Construction and Biblical Hermeneutics- Law in the Service of the Gospel?,  ((2020) 252 St Mark’s Review 106-128). From BYU Law Review,... (See Article)

As part of the Indian government’s initiatives to revitalize the Indian economy, particularly defense manufacturing, it recently announced new initiatives aimed at foreign defense contractors and investment. The Indian government will allow direct purchases from foreign contractors as long as the procured item contains a minimum of 50 percent domestic content that is manufactured by an Indian subsidiary... (See Article)

Introduction Norms concerning corporate governance in India have evolved over a period of time. Since markets and businesses are inherently dynamic, they continue to evolve globally. The Securities and Exchange Board of India (“SEBI”), to its credit, has been on the ball and contributed significantly towards raising the standards of corporate governance for listed... (See Article)

Corporate scandals and frauds in India are as old as the hills. The 1950s witnessed the infamous LIC/ Mundhra scam, which was the first major financial fraud of the independent India. Frauds continued with an alarming regularity thereafter in every decade – the infamous Harshad Mehta, Ketan Parekh, Sahara, and Satyam scams are just a... (See Article)

The deadline for Person of Indian Origin (PIO) cardholders to apply for Overseas Citizen of India (OCI) cards at Indian Consulates around the world is now December 31, 2021, extending the previous deadline of September 30, 2020. Applications are typically processed within four to five business days. However, PIO cardholders are urged to register for... (See Article)

On October 6, 2020, the U.S. Department of Commerce published a notice initiating new Administrative Reviews for antidumping duty (AD) and countervailing duty (CVD) orders with August anniversary dates. Listed below are the countries and products named in the notice: India: Finished Carbon Steel Flanges (A-533-871/C-533-872) Japan: Tin Mill Products (A-588-854) Malaysia: Polyethylene Retail Carrier... (See Article)

As a rule, arbitral tribunals have been considered capable of adjudicating every civil or commercial dispute, which can be decided by a civil court, subject to: (i) the dispute being covered under the arbitration agreement; (ii) the party/ parties to the dispute referring the same to arbitration and (iii) the disputes being capable of adjudication... (See Article)

A resource has been added Unnes Law Journal (from the number 1-1, April 2012)

On September 30, 2020, the Wind Tower Trade Coalition (“Petitioner”), filed a petition for the imposition of antidumping duties on utility scale wind towers from India, Malaysia, and Spain. Additionally, the petition alleges that imports of utility scale wind towers from India and Malaysia are unfairly subsidized and requests the imposition of countervailing duties. SCOPE... (See Article)

The presence of an unauthorized substance in sesame seeds from India has prompted a spate of product recalls across Europe. The ethylene oxide alert was first raised by Belgium in early September but now concerns almost 20 countries. Ethylene oxide is a genotoxic carcinogen after regular consumption. Sesame seeds were used in the production of... (See Article)

  Background With a view to boost infrastructure investments in India and make Indian investment more attractive, the Finance Act, 2020 (FA, 2020) introduced section 10(23FE) in the Income-tax Act, 1961 (IT Act). This section provides an exemption from tax in India in respect of income of certain specified investors who have investments in the... (See Article)

The Supreme Court has, in its recent judgment of Government of India v. Vedanta Limited & Ors.[1], settled the law relating to limitation for filing petitions for enforcement and execution of foreign awards in India. The Court held that petitions seeking enforcement/execution of foreign awards are required to be filed within three years from the... (See Article)

Jurisdiction is not given for the sake of the judge, but for that of the litigant – Blaise Pascal Recently the Delhi High Court in Money Market Services (India) Private Ltd. v. Union of India held that an order passed by Registrar of Companies (ROC) striking off the name of a Company can be challenged... (See Article)

We have seen in the blog dated September 14, titled ‘Using SPAC Vehicles as a Means of Listing Outside India’, that special purpose acquisition companies (“SPAC”) are making a comeback for the purposes of listing of companies outside India. As a follow up to the earlier blog, we will examine some feasible structures for offshore... (See Article)

As the world shifts toward renewable energy sources, south Asia’s dominant economy expects to reduce its dependency on coal-based power plants. But it will still need to rely on coal consumption to meet its growing electricity needs. Therein lies opportunity — but not without certain risks. (See Article)

An overview  Special Purpose Acquisition Companies (“SPACs”) have made a comeback on the Wall Street. SPACs are essentially investment companies backed by sponsors to raise capital from the public in an initial public offering (“IPO”) in the USA for the sole purpose of using the proceeds to acquire targets that are to be identified after... (See Article)

  ­­­­­­­­­The Indian economy has not been immune to the side-effects of COVID-19, particularly as far as the healthcare and financial systems are concerned. Amidst such global economic turbulence, the Indian government has made efforts to boost the economy by announcing a significant economic stimulus package under the Atmanirbhar Bharat (self-reliant India) scheme. Many state... (See Article)

India is the third largest producer and consumer of electricity in the world. The total installed capacity in India has increased from 174 gigawatts (“GW”) in fiscal year (“FY”) 2011 to 370 GW in FY2020; a compounded annual growth rate (“CAGR”) of 9 percent. The growth in installed capacity has led to a reduction in the country’s overall power deficit from 8.8 percent in FY2011 to 0.5 percent in FY2020, and subsequently to a projected surplus of 2.7 percent in FY2021. Please see full Publication below for more information. (See Article)

India West reported yesterday that for the first time, Sikhs can be counted in the ongoing 2020 census as a separate group, despite the legal prohibition on the census asking questions about religion.  The Census Bureau will consider Sikhism to be a cultural or ethno-religious category.  As explained by India West: Sikhism does not appear... (See Article)

The Centre for Information Policy Leadership at Hunton and the Data Security Council of India have published a report on "Enabling Accountable Data Transfers from India to the United States under India’s Proposed Personal Data Protection Bill," which highlights the importance of continued flows of data between India and the U.S. following the expected passage of new comprehensive data protection legislation in India. (See Article)

The United Nations Population Fund (UNFPA) has defined ‘demographic dividend’ as the growth potential that results from shifts in a population’s age structure.[1] A study conducted by the UNFPA noted that India has an important window of demographic dividend opportunity from about 2005-06 to 2055-56 with 62.5% of the population falling in the working age... (See Article)

Today, Cadila Pharmaceuticals announced the launch of its adalimumab biosimilar, Cadalimab™, in India. HUMIRA® (adalimumab) is approved to treat rheumatoid arthritis, psoriatic arthritis, ankylosing spondylitis and psoriasis. (See Article)

In the following guest post, Umesh Pratapa takes a look at directors’ liability issues under Indian law, and also examines the protections that are available for directors as well. Umesh is a Consultant – Liability Insurance, in India. Umesh’s article was originally published in the July 2020 issue of “Director Today”, a monthly journal of... (See Article)

In Part 2 of our examination of internal investigation trends in India, Perkins Coie partners Markus Funk and Chelsea Curfman speak with Arpinder Singh, a partner with EY Forensics & Integrity Services and head of their India and Emerging Markets group. Topics discussed include trends in both the subject matter and scope of internal investigations... (See Article)

The Government of India’s Ministry of Electronics and Information Technology (MeitY) agency launched Aarogya Setu, a contact-tracing mobile application. Aarogya Setu has been created by the National Informatic Centre (NIC) in response to the COVID-19 crisis, as a way to collect and understand public health-related data. Please see full Publication below for more information. (See Article)

The National Education Policy, 2020 (“Policy”), unveiled by the Ministry of Human Resource Development (“MHRD”), is revolutionary in every sense. While the Policy focuses on multiple aspects, including the need for early childhood care, inclusive education and revamping of the current curriculum, an inherent thread that runs through the Policy is the interplay of education... (See Article)

The recent judgment of Centrotrade Minerals v. Hindustan Copper[1] had seen two previous rounds of litigation before the Supreme Court finally enforced a foreign award, passed in 2001 after 19 years, in favour of Centrotrade. Background The Appellant, Centrotrade, a US company and the Respondent, Hindustan Copper Ltd. (HCL), an Indian company, entered into a... (See Article)

Continuing our series of episodes regarding investigation and enforcement trends around the globe, Perkins Coie partners Markus Funk and Chelsea Curfman interview Sherbir Panag, co-founder and head of the Compliance and Investigations Practice at the Law Offices of Panag & Babu, in New Delhi, India. Sherbir discusses recent trends in enforcement of corruption-related cases in... (See Article)

Introduction The Reserve Bank of India (“RBI”) has modified the regulatory landscape applicable to core investment companies (“CICs”), as per its circular dated August 13, 2020 (“Revised Framework”), in order to ensure stability of the financial system and address systemic risks posed by inter-connectedness of CICs and their group companies. In contrast to the light-touch... (See Article)

1. Background India is an agrarian economy. It has the second highest population in the world, as well as the second highest arable land area in the world. With rising demand and natural resources under pressure, agriculture as a sector is drawing sharp attention from a necessity as well as interest perspective. It must be... (See Article)