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Insights

Keeping you up-to-date with the latest news, views and market commentary on the issues which may impact your business

No "Safe Harbour" for Proceeds of Crime under IBC

Prashant Mara and Sidharth S Kumar Corporate creditors and insolvency professionals already have their hands full running the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Add the Directorate of Enforcement (ED) attaching a corporate debtor’s properties under the Prevention of Money Laundering Act, 2002 (PMLA), and what you get is a problematic turf war between two statutes. In a recent ruling, the National Company Law Ap

Bidding on a Rival’s Brand: Where Google Ads Meet Trademark Law

Aishwarya Kaushiq and Parv Lodha Imagine a customer looking specifically for your showroom, but before they reach it, they are shown a competitor’s offer because that competitor paid to use your name to get their attention. That is essentially what happened in the Hindware case, where competitors bid on the “HINDWARE” trademark as a Google advertising keyword. The Delhi High Court’s ruling on this practice has important implications not only for trademark owners, but also for

ANI Media v. OpenAI: The Delhi High Court Weighs In

Arushi Mukherji and Parv Lodha What was the case about? ANI Media Private Limited (“ANI”) sued OpenAI, Inc. (“OpenAI”) before the Delhi High Court (“the Court”)[i], alleging that ChatGPT unlawfully used ANI’s copyrighted news content (“the Alleged Infringement”).[ii] ANI also applied to temporarily restrain OpenAI but the Court dismissed that application in July 2026 finding no infringement at first sight[iii], and noting that ANI had not shown lost subscribers or revenue.[iv

The Expanding Shadow of the PC Act: Why Private Sector Executives Face Heightened Anti-bribery Risks in India  

Sidharth S. Kumar and Mehak Modi For decades, private sector executives operated under a simple premise that criminal liability under the Prevention of Corruption Act, 1988 (“PC Act”) applied primarily to government officials, civil servants, and public sector employees. Corporate officers assumed that their legal liabilities were strictly confined to corporate law, tax compliance, and regulatory enforcement. The Delhi High Court's judgment in Chitra Ramkrishna v. Union

FDI permitted in inventory-based e-Commerce Indian entities focused on exports

Xerxes Antia and Disha Dubey The Department for Promotion of Industry and Internal Trade (“DPIIT”) has, on July 23, 2026, issued Press Note No. 3 (2026 Series) (“Press Note 3”)1 amending the foreign direct investment (“FDI”) policy applicable to the e-commerce sector. Under the Consolidated FDI Policy 20202 as amended from time to time (“FDI Policy”), FDI was not permitted in Indian entities that carried on an inventory-based model of e-commerce (where the inventory of goods

No More Passing the Buck: RBI Forces Banks to Own Digital Fraud

Ramesh Vaidyanathan and Sidharth Kumar The Reserve Bank of India’s latest amendment on digital fraud is a blunt intervention in a system that has long thrived on ambiguity. For years, fraud victims have been caught in a predictable loop-banks, fintechs and telecom providers each pointing fingers while the customer waited for relief. That system has now been decisively disrupted. For the first time, the RBI clearly defines “third-party breaches”, covering failures caused by in

MCA extends due date for filing of Form DPT-3 without additional fees

The Ministry of Corporate Affairs (MCA), vide General Circular No. 02/2026 dated 19 June 2026, has granted a one-time relaxation in the payment of additional fees for delayed filing of Form DPT-3 (Return of Deposits) for the financial year 2025–26. Normally, companies are required to file Form DPT-3 by 30 June 2026. However, following the fire incident at the MCA Data Centre on 5 June 2026, the MCA has been undertaking capacity enhancement and system restoration activities

Dynamic Justice: How "Dynamic+" Injunctions Are Reshaping Fraud Litigation

Sidharth S Kumar and Prachi Rungta India's digital-economy boom has pulled millions of new retail investors into formal finance, and concurrently handed fraudsters a fresh pool of targets. Sophisticated scammers now impersonate banks, fintechs and investment firms across messaging platforms, weaponising trusted corporate identities. The fallout reaches far beyond individual victims: impersonated institutions face regulatory scrutiny, brand damage, eroded customer trust and an

RBI NBFC Amendment Directions, 2026 for Holding Companies

Priyanka Dixit Sibal and Suyash Sarvankar Under the RBI's “principal business” or 50-50 test, any company is treated as a non-banking financial company (“NBFC”) if more than 50% of its total assets are financial assets and more than 50% of its income comes from those assets. A typical investment holding company may cross both limits, particularly in the event of exits, as its balance sheet is dominated by shares of group companies and its income is mostly dividends, interest,

Companies can now meet CSR obligations through Zero Coupon Zero Principal (ZCZP) instruments

Priyanka Dixit Sibal and Puneet Abrol The Ministry of Corporate Affairs (MCA) has notified the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2026 (“Amendment Rules”), introducing a significant change to the CSR framework under the Companies Act, 2013 (“Act”). Under the Amendment Rules, companies can now use a portion of their mandatory CSR spending to subscribe to Zero Coupon Zero Principal (“ZCZP”) instruments (described below), issued by eligible not-

From PPAs to Market-Linked Mechanisms: Understanding India’s Contract for Difference (CfD) Framework

Parveen Arora and Ishaan Chopra India is advancing towards an ambitious target of 500 gigawatts of installed non-fossil energy capacity by 2030, which requires the continuous deployment of solar, wind, and hybrid energy systems. As the nation scales this infrastructure, the contractual framework supporting it is evolving as part of a necessary and consequential process. For a long time in India, the Power Purchase Agreement (“PPA”) has been the standard instrument for long-te

Litigating Platform Design: Two US Verdicts and their Impact in India

Vikramjeet Singh and Prachi Rungta Algorithms designed to attract users can also attract liability. Two landmark US courts’ verdicts in March 2026 may signal a shift in the law relating to platform liability. It is quite possible that we have moved on from the position of "platforms are mere conduits" to "platforms are products, and their makers can be sued." For technology companies operating in India, the next, critical question is whether the Indian legal framework sup

Menstrual Leave in Karnataka - What the Karnataka High Court Judgment Means for Employers

(Harinie Seenivasan and Arjun Paleri) On April 15, 2026, the High Court of Karnataka, in a significant order1, directed the State Government to implement its Menstrual Leave Policy across all establishments, both organised and unorganised. The court’s ruling resolves the uncertainty that had surrounded the Policy since it was challenged in December 2025 and signals a clear direction for employers in Karnataka. This article outlines the background to the ruling, its implica

Foreign Investment in Insurance Sector: Key Takeaways from the 2026 Amendment

(Xerxes Antia and Agrima Choudhary) The Department for Promotion of Industry and Internal Trade, Ministry of Finance had, in February 2026, issued Press Note 1 (2026 Series) (“Press Note 1”) which proposed increasing the foreign investment cap to 100% in the insurance sector. The Press Note 1 provided that the change would only take effect from the date of notification under the Indian foreign exchange control regulations. Subsequently the Ministry of Finance has issued the F

Refining the Framework for Investments from Land Bordering Countries: Key Changes under the 2026 Amendment

(Xerxes Antia and Agrima Choudhary) Background On March 10, 2026, following approval by the Union Cabinet, the Government of India, through a press release issued by the Press Information Bureau (“Press Release”), proposed certain changes to the Indian exchange control regulations restricting investments from countries sharing land borders with India originally introduced in 2020 under Press Note 3 (2020 Series) (“PN3”). The Press Release was followed by the issuance of Press

SEBI revamps 'Fit and Proper' criteria for market intermediaries

Priyanka Dixit Sibal and Suyash Sarvankar Market intermediaries such as stockbrokers, fund managers, merchant bankers and credit rating agencies must qualify as ‘fit and proper’ persons to obtain registration from the Securities and Exchange Board of India (SEBI). Last month, SEBI introduced the SEBI (Intermediaries) (Amendment) Regulations, 2026 to revise the 'fit and proper' framework, with a view to (i) balance the regulatory objective of a principles based criteria in tha

Books of Account as Instruments of Legal Accountability

Aishwarya Kaushiq and Parv Lodha Entries in books carry significant legal consequences. They may corroborate a debt, revive a time-barred claim, or materially impact litigation strategy years later. Indian courts have consistently treated books of account as significant documents governed by the Bharatiya Sakshya Adhiniyam, 2023 and the Limitation Act, 1963. At the same time, the law provides safeguards: accounting entries alone cannot fasten liability, and surrounding record

The Corporate Laws (Amendment) Bill, 2026: Simplifying India’s Corporate Framework

Ramesh Vaidyanathan, Aditi Rani, Sneha Gangwani and Puneet Abrol Building on earlier amendments to the Companies Act, 2013 (“Companies Act”), the recently introduced Corporate Laws (Amendment) Bill, 2026 (the “Bill”) is currently before a Joint Parliamentary Committee (“JPC”), after being tabled in the Lok Sabha. The Bill also seeks to amend the Limited Liability Partnership Act, 2008 (the “LLP Act”). The Bill marks a clear shift from rigid compliance and the criminalisa

CBDT restores certainty on GAAR grandfathering

In a rare and welcome 1 April move, the Central Board of Direct Taxes (CBDT) has restored clarity on one of the most contentious aspects of India’s anti-avoidance regime. By way of a notification dated 31 March 2026, the CBDT has amended Rule 128 of the Income-tax Rules, 2026 to unequivocally confirm that income from the transfer of investments made before 1 April 2017 remains outside the ambit of GAAR, even if the exit takes place subsequently. This clarification, though con

Understanding Crime and Punishment to Navigating the Doctrine of Proportionality in Dismissal

– Part 3 of the 'Lifecycle of Discipline' Series (Arjun Paleri and Jaya Ramachandran ) In the earlier parts of this series, we delved into the “Why” (how proper processes protect employers and ensure fairness for employees) and the “How” (crafting court-proof charge sheets). Now, we turn our attention to the final, and arguably the most pivotal, phase: The Outcome. You have conducted a fair inquiry, and the Inquiry Officer has concluded that the employee is guilty of misco

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