Analysis of the supreme court ruling in the TATA-MISTRY case

In January, 2020, Tata Sons and Ratan Tata moved to Supreme Court and challenged the decision given by the NCLAT before the Supreme Court. The Supreme Court on March 26, 2021, pronounced its judgement. The judgement was pronounced by a bench of Supreme Court headed by Chief Justice S.A Bobde and comprising Justice V. Ramasubramanian […]

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Work From Home: Understanding The Gaps In India’s Regulatory Framework

Every economic shock leaves behind a legacy, and the Covid outbreak is not an exception to it. The Covid outbreak has provided the entire world with an opportunity to experiment globally with the concept of remote working and digital transformation. Traditional work-operations are slowly being replaced with automation and digitalization. Further, information and communication technologies […]

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Startups – Things to consider and common mistakes

In this article, we have tried to break down things to consider and common mistakes which startups generally tend to make and should avoid: Making a Deal with the Co-Founder through Founders’ Agreement: A founders’ agreement  is a contract that is executed between all the co-founders of a startup / company. The Agreement sets forth […]

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Flipping of Structures – Legal Framework

As Companies grow and have global footprints, we have seen founders wanting to flip the structures and have parent companies in countries like the United State of America, Singapore, Maturities, etc. Flipping of the structure generally means establishing the holding company outside India. Generally, flipping of structures is done for easier access to global investors, […]

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Business / Undertaking Hive off – Slump Sale Vs Demerger

Slump Sale: Section 2 (42C) of the Income Tax Act, 1961 (“IT Act”) defines slump sale as the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such sale. Therefore, slump sale would mean the transfer […]

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Private Equity/ Investors Clash with Promoters- Mitigation Plan

A.    BACKGROUND: Historically spate of cases has involved marquee PE names — from General Atlantic to TPG to Premji Invest. In this article, I have tried to summarize my observations based on my experience on why Private equity (“PE”) /venture capital (“VC”) investors end up fighting with the promoters and vice versa which generally cost […]

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Note on New Wage Code

The government passed Wages Code Bill in the parliament last year, likely to come into effect shortly (Not from 1st April, 2021). Following are few of the critical changes the law will bring into effect: The basic salary should be 50 per cent or more of the total salary. In this case, the structure of […]

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FAQ’s on new CSR Rules

INTRODUCTION Corporate Social Responsibility (CSR) in India has traditionally been a philanthropic activity before introduction of the same under the Companies Act, 2013 (“Act”). The Act has introduced the idea of CSR to the forefront and through its disclose-or-explain mandate, is promoting greater transparency and disclosure. India is the first country in the world to […]

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Regulatory Framework Of OTT Platform

INTRODUCTION On 25th February 2021, the Central Government established a set of rules that are to be followed by the Over- The -Top (OTT) Platforms while acting as an intermediary for streaming online content. By virtue of the powers vested under Section 87(2) of the Information Technology Act, 2000 , the Information Technology (Intermediary Guidelines […]

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Employment Bond to recovery

INTRODUCTION The corporate world is at battle to outperform in global markets. It is undergoing phenomenal economic and industrial shifts, which has resulted in increased market rivalry. To keep up with the market competition, companies invest heavily in training their employees in order to improve the nature and efficiency of the company’s goods and services. […]

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