JD Supra India

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • Data Privacy Guide - India

    Introduction - The legal regime in India relating to data protection and privacy has undergone a significant re-haul and revamp. The Digital Data Protection Act, 2023 (“DPDPA”) received the President’s assent and was published in the official Gazette in India on August 11, 2023. Even though the DPDPA has been published in the Gazette, the date on which the statute will come into force is yet to be notified by the Government. The PDPA provides for the protection of the individual’s rights in relation to their personal data which is in digital form or has been digitized subsequently. It further extends beyond the borders in case processing of personal data occurs outside of India as regards goods or services being provided to persons located in India.

  • Establishing a Business Entity in India (Updated)

    1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India.

  • Buying and Selling Real Estate in India (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade.

  • Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

    In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the doctrine forms part of Indian law. In expressly reaffirming the applicability of the doctrine, the Indian Supreme Court continues to take a different approach to courts in many other jurisdictions.

  • Investing in India

    What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100 million. Fuelled by improved connectivity and digital infrastructure, the number of internet users has soared, with more than half of its citizens now connected to the internet—a significant increase from the mere 12 per cent recorded in 2013. India’s GDP has more than doubled, rising from US$1.8 trillion in 2013 to US$3.7 trillion in 2023, underscoring the nation’s robust growth trajectory. Per capita income has also improved, reaching US$2,450 in 2023 compared to US$1,400 in 2013.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the Insolvency and Bankruptcy Code, 2016 (“the Code”) in the year 2016. The Code is oriented to be the umbrella legislation in India for laws relating to insolvency and bankruptcy. At present the Code only governs rehabilitation and liquidation of companies and extends to guarantors. Please see full Publication below for more information.

  • Establishing A Business Entity In India (Updated)

    1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India. Please see full Chapter below for more information.

  • Buying and Selling Real Estate in India (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade. Please see full Chapter below for more information.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the Insolvency and Bankruptcy Code, 2016 (“the Code”) in the year 2016. The Code is oriented to be the umbrella legislation in India for laws relating to insolvency and bankruptcy. At present the Code only governs rehabilitation and liquidation of companies and extends to guarantors. Please see full Chapter below for more information.

  • International Arbitration Focus: India

    This is the final Reed Smith newsletter on international arbitration in 2022, and it focuses on a single country – India. Today, India is a unique proposition, mixing a rich past, a young population and an exciting future. That was perhaps not always the global perception. But in this century and looking forward, India arguably occupies the single most interesting position amongst large nations. It is on the verge of becoming the most populous nation in the world. As its self-confidence grows, so do its ambitions, led by forward-thinkers who have worked tirelessly to bring India into the modern world. The bureaucracy has perhaps not yet been satisfactorily overcome, but India has nevertheless shown itself to be both astute and determined on the world stage. Please see full Publication below for more information.

Featured documents

  • Outsourcing: India Adopts New Privacy and Security Rules for Personal Information

    Effective with their publication on April 11, 2011,1 the Central Government of India (GOI) adopted the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (Rules), under Section 43A of The Information Technology Act, 2000, as...

  • India at the Crossroads

    India possesses a dynamic and growing economy—one its government portrays as business friendly—and actively encourages continued foreign direct investment. At the same time, aggressive transfer pricing enforcement, including several administrative and high court rulings, suggests a far different...

  • Indian Supreme Court Cancels Mining Concessions

    On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings linked to major state power projects, and which did not involve a joint...

  • U.S. - India Newsletter Vol. 2016, Issue 2

    Welcome to the second issue of our newsletter, which features news and articles of interest from Pepper’s U.S.-India Practice. In the first quarter of 2016, we saw a lot of activity in the international data privacy space, as well as a number of developments in India’s technology industry,...

  • Economic Times of India: Report Suggests that Indian Biosimilars Market May Reach $40 Billion USD by 2030

    The Economic Times of India has reported on a study of the Indian biosimilars market conducted by the Jawaharlal Nehru Institute of Advanced Studies (JNIAS). The study reports that the Indian biosimilars industry was close to $300 million in 2015, with domestic sales accounting for $250...

  • India Adopts New Disability Law Regime

    The Government of India has instituted a new disability law regime with enactment of the Rights of Persons with Disabilities Act, 2016, and Rights of Persons with Disabilities Act, 2016. The new disability law regime is modeled on the United Nations Convention on the Rights of Persons with...

  • Renewed Energy for Foreign Investment in India

    Prime Minister Narendra Modi, elected in May 2014, will turn the corner again in May 2019 as he completes his first five year term. We visit some of the recent developments in his government’s legal and tax policies that have potentially mended a broken administrative process from the previous...

  • India Suspends All Inbound International Air Travel Through March 29, 2020

    To prevent the spread of COVID-19, the Government of India has issued an order prohibiting all inbound international flights to India beginning March 22, 2020. The current ban is set to expire on March 29, 2020, but is subject to change....

  • Buying and Selling Real Estate in India

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the...

  • India Issues Clarification of Recent Privacy Rules

    As mentioned in a prior post on this blog, earlier this year the Indian Ministry of Communications and Information Technology issued new privacy and data security rules under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules,...

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