# Maheshwari and Co. > Best Corporate Law Firms in Delhi, Top 10 International Law Firms in India, Law of Agency --- ## Pages - [Deals](https://www.maheshwariandco.com/deals/): Explore Maheshwari & Co.'s portfolio showcasing successful deals and legal expertise. Contact us for comprehensive assistance in navigating legal matters. - [Corporate Law Firm in Delhi NCR](https://www.maheshwariandco.com/delhi/corporate-and-commercial/): MAHESHWARI & CO. is a corporate law firm in Delhi advising on M&A, FDI, FEMA, joint ventures & commercial contracts for Indian and global businesses. - [Tarun Biswas](https://www.maheshwariandco.com/our-team/tarun-biswas/): Home Tarun Biswas Associate Partner Social Connect Linkedin Get In Touch Please feel free to contact us. We will get... - [Discussing “USE” of Trademark : Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr.](https://www.maheshwariandco.com/press-releases/trademark-prior-use-in-india-bombay-hc-ruling/): How trademark prior use in India can override registration. Bombay HC's Century 21 ruling clarifies dishonest adoption, trans-border reputation & online use. - [Supreme Court Clarifies Surety Liability Amidst Variance in Loan Terms](https://www.maheshwariandco.com/press-releases/surety-liability-variance-in-loan-terms-sc-ruling/): Supreme Court clarifies surety liability & variance in loan terms — guarantors remain liable for the original sanctioned amount despite unauthorized excess withdrawals under Section 133. - [Supreme Court Issues Warning on Delayed Appeals and Administrative Hurdles in Contempt Proceedings](https://www.maheshwariandco.com/press-releases/supreme-court-contempt-proceedings-delay-ruling/): Supreme Court contempt proceedings delay ruling clarifies that review petitions and administrative hurdles cannot justify non-compliance of court orders. - [Consumer Redressal vs. Complex Fraud: Supreme Court Upholds Dismissal of Complaint involving Forged Bank Pledge](https://www.maheshwariandco.com/press-releases/consumer-complaint-fraud-supreme-court-india/): Consumer Complaint Fraud Supreme Court India: SC rules complex fraud and forgery cases cannot be decided under Consumer Protection Act proceedings. - [Supreme Court Clears Bijwasan Railway Redevelopment, Prioritizes Master Plan over 'Deemed Forest' Claims](https://www.maheshwariandco.com/press-releases/bijwasan-railway-redevelopment-supreme-court/): Bijwasan Railway Redevelopment Supreme Court ruling prioritizes Master Plan over deemed forest claims, clearing RLDA project in Delhi. - [Right to die with Dignity a part of Right to Life: Supreme Court of India](https://www.maheshwariandco.com/press-releases/right-to-die-with-dignity-india-sc-ruling/): Right to Die with Dignity India: Supreme Court allows withdrawal of life support in PVS cases, reinforcing Article 21 and passive euthanasia law. - [Nitro Asia Holdings acquires Units in National Highways Infra Trust](https://www.maheshwariandco.com/press-releases/nitro-asia-nhit-acquisition-gets-cci-nod/): Nitro Asia NHIT acquisition approved by CCI, boosting foreign investment in India’s highway infrastructure and InvIT market. - [CCI Combo Approving Value Threshold Framework](https://www.maheshwariandco.com/press-releases/cci-deal-value-threshold/): CCI Deal Value Threshold now covers high-value digital deals under Competition Act 2023. Know what triggers CCI approval & how it impacts M&A in India. - [IBBI Empowers the Resolution Professionals](https://www.maheshwariandco.com/press-releases/ibbi-resolution-professionals/): IBBI Resolution Professionals get stronger accountability rules in 2026. Know the key IBC reforms on disclosure, conduct & creditor responsibilities. - [MCA Launches AI-powered Compliance Checking System](https://www.maheshwariandco.com/press-releases/mca-ai-compliance-system/): MCA AI compliance system uses data analytics to monitor filings, detect anomalies & prevent fraud in real-time. Smarter corporate governance starts now - [Delhi High Court reinforces the growing importance of personality rights in the digital age - Swami Ramdev v. John Doe](https://www.maheshwariandco.com/press-releases/delhi-hc-ramdev-v-john-doe-personality-rights/): Delhi HC's Swami Ramdev ruling on personality rights and AI deepfakes — what it means for celebrities, brands, and India's IPR regime. - [Capital Markets](https://www.maheshwariandco.com/practice-areas/capital-markets/): Are you looking for best Capital Markets Lawyers in India? We at law firm providing Capital Market legal services. Find the right Capital Market attorney near you easily and get a law advice. - [IPR Newsletters](https://www.maheshwariandco.com/ipr-newsletters/): Subscribe to our law firm's newsletter for the latest legal news, updates, and practical tips directly to your inbox. Stay ahead with our expert guidance. - [Descriptive Use and Trademark Infringement: Lotus Herbals v. DPKA Universal Consumer Ventures](https://www.maheshwariandco.com/press-releases/lotus-herbals-v-dpka-trademark-case-explained/): Lotus Herbals v DPKA trademark case: Delhi High Court explains descriptive use defence under the Trade Marks Act in the Lotus Splash dispute. - [Modernised Framework for Stock Brokers: SEBI Notifies New 2026 Regulations](https://www.maheshwariandco.com/press-releases/sebi-stock-brokers-regulations-2026-explained/): SEBI Stock Brokers Regulations 2026 introduce a modern compliance framework for brokers, improving transparency, governance standards, and investor protection in India. - [NCLT Admits Class-Action Suit Under Section 245](https://www.maheshwariandco.com/press-releases/nclt-admits-class-action-under-section-245/): NCLT admits a Section 245 class action against Jindal Poly Films, marking a key step for minority shareholder protection under the Companies Act 2013. - [Supreme Court Clarifies Limitation Period for Mandatory Injunctions: Vigilance Over Slumber](https://www.maheshwariandco.com/press-releases/mandatory-injunction-limitation-sc-clarifies/): Supreme Court clarifies that execution of a mandatory injunction must be filed within 3 years under Article 135 of the Limitation Act, reinforcing strict compliance with limitation periods. - [Insolvency Resolution and Corporate Viability: Supreme Court Refuses to Stall CIRP](https://www.maheshwariandco.com/press-releases/supreme-court-refuses-to-stall-cirp/): Supreme Court refuses to halt CIRP against Hiranmaye Energy, reaffirming that insolvency proceedings under the IBC cannot be delayed by restructuring or settlement proposals. - [NCLT Approves Ambuja Cements – Sanghi Industries Merger](https://www.maheshwariandco.com/press-releases/nclt-approves-sanghi-industries-ambuja-cements-merger/): NCLT Ahmedabad approves the merger of Sanghi Industries with Ambuja Cements under the Companies Act, marking a key consolidation move within the Adani Group’s cement business. - [Contractual Sanctity Prevails: Supreme Court Denies Interest on Delayed Payments in Public Works Contracts](https://www.maheshwariandco.com/press-releases/sc-denies-interest-on-delayed-payments-in-public-contracts/): The Supreme Court rules that contractual clauses barring interest on delayed payments are binding under the Interest Act, reinforcing the sanctity of public works contracts. - [Acquisition of 50.01% equity share capital of Thriveni Pellets Private Limited by Tata Steel Limited](https://www.maheshwariandco.com/press-releases/acquisition-of-50-01-equity-share-capital-of-thriveni-pellets-private-limited-by-tata-steel-limited/): Supreme Court rules degrees from ultra vires university valid, reinstating librarians terminated after their institution was dissolved under an unconstitutional Act. - [Supreme Court clarifies Limitation rules for Executing Court Decrees](https://www.maheshwariandco.com/press-releases/limitation-period-for-executing-court-decrees/): Supreme Court clarifies the limitation period for executing court decrees under Article 135, ruling time starts from decree date if no performance date is fixed. - [Supreme Court Restores "Pay and Recover" Principle for Gratuitous Passengers in Goods Vehicles](https://www.maheshwariandco.com/press-releases/pay-and-recover-rule-for-gratuitous-passengers/): Supreme Court restores pay and recover principle for gratuitous passengers in goods vehicles, ensuring faster compensation without prolonged insurer-owner disputes. - [The Hon'ble Supreme Court Protects Degrees Obtained from State-Enacted Universities Later Declared Ultra Vires](https://www.maheshwariandco.com/press-releases/degrees-from-ultra-vires-university-protected/): Supreme Court rules degrees from ultra vires university valid, reinstating librarians terminated after their institution was dissolved under an unconstitutional Act. - [Delhi High Court Reinforces Digital Sports Enforcement - JioStar India v. Crichdbest.com](https://www.maheshwariandco.com/press-releases/jiostar-v-crichdbest-delhi-hc-enforcement-order/): Delhi High Court sports piracy injunction in JioStar v Crichdbest explains dynamic blocking, broadcast rights, and anti-piracy relief for OTT platforms. - [Balancing Patent Rights and Public Interest](https://www.maheshwariandco.com/press-releases/patent-infringement-biosimilar-drugs-in-india/): Delhi High Court ruling on patent infringement biosimilar drugs India: Zydus v. E.R. Squibb case balances IP rights with public health & affordable medicines. - [Bail Merits over Monetary Deposits: Supreme Court of India](https://www.maheshwariandco.com/press-releases/bail-merits-over-monetary-deposits/): Supreme Court Bail Without Monetary Deposit clarified in Rakesh Jain vs State, holding that bail must be decided on merits, not compulsory money deposits. - [Supreme Court on Limits of NCLT Jurisdiction Under Section 60(5)(c) of the IBC](https://www.maheshwariandco.com/press-releases/limits-of-nclt-jurisdiction-under-ibc/): Limits of NCLT Jurisdiction under Section 60(5)(c) IBC clarified by Supreme Court, restricting insolvency courts from deciding independent title disputes. - [Supreme Court Remands FIR Quashing Matter to High Court for Failure to Hear Defacto Complainant](https://www.maheshwariandco.com/press-releases/supreme-court-on-fir-quashing-without-hearing/): Supreme Court FIR Quashing Without Hearing Complainant examined, holding High Courts cannot grant indirect relief without hearing the defacto complainant. - [Supreme Court affirms the State Agency’s Jurisdiction to Investigate Corruption Against Central Government Employees](https://www.maheshwariandco.com/press-releases/state-acb-jurisdiction-over-central-employees/): State ACB Jurisdiction to Investigate Central Government Employees upheld by Supreme Court, affirming concurrent powers with CBI under the PC Act. - [Supreme Court clarifies that probation does not obliterate the stigma of conviction in departmental proceedings](https://www.maheshwariandco.com/press-releases/probation-does-not-obliterate-conviction-stigma/): Probation Does Not Obliterate Stigma of Conviction, Supreme Court clarifies, allowing employers to take departmental action despite probation. - [The Launch of 09 New Registrar of Companies (RoC) and Regional Offices](https://www.maheshwariandco.com/press-releases/new-registrar-of-companies-in-india/): New Registrar of Companies in India announced by MCA from Jan 2026 to speed up filings, reduce MCA-21 backlog, and enable faster approvals. - [Introduction of SWAGAT-FI: The Single Window for Foreign Investors](https://www.maheshwariandco.com/press-releases/swagat-fi-framework-for-foreign-investors/): SWAGAT-FI framework for foreign investors simplifies FPI and FVCI registration with single-window access, faster KYC, and 48-hour approvals from June 2026. - [The Hon’ble Supreme Court of India upholds the presumptions of validity of registered sale deeds](https://www.maheshwariandco.com/press-releases/presumption-of-validity-of-registered-sale-deed/): Supreme Court reaffirms presumption of validity of registered sale deed, holding it cannot be treated as a sham based on belated oral claims or conduct. - [Reaffirming Territoriality and the Limits of Trans-Border Trademark Claims](https://www.maheshwariandco.com/press-releases/trans-border-trademark-reputation-in-india-explained/): Trans-border trademark reputation in India clarified by the Delhi High Court. Learn key limits, evidence standards, and territorial trademark principles. - [Operationalization of "Significant Data Fiduciary" (SDF) under DPDPA](https://www.maheshwariandco.com/press-releases/significant-data-fiduciary-under-dpdpa-explained/): Understand who qualifies as a Significant Data Fiduciary under DPDPA, key compliance duties, DPIA requirements, DPO rules, and penalties in India. - [Expansion of Mandatory "BRSR Core" and Value-Chain ESG Disclosures](https://www.maheshwariandco.com/press-releases/brsr-core-esg-disclosures-sebi-rules-explained/): BRSR Core ESG disclosures are now mandatory under SEBI rules. Learn how value-chain ESG reporting and green supply chain obligations impact companies. - [Sports & Entertainment - IT & Business Advisory](https://www.maheshwariandco.com/practice-areas/sports-and-gaming/sports-entertainment-it-business-advisory/): Sports & Entertainment—IT Business Advisory by Sports Entertainment Law Firm, advising sports, media, and tech businesses on IP, M&A, compliance, and India entry. - [Delhi High Court Reaffirm “Mandatory Inventive Step Analysis” in Emitec Patent Rejection](https://www.maheshwariandco.com/press-releases/delhi-high-court-inventive-step-analysis-explained/): Delhi High Court inventive step analysis clarified in the Emitec patent rejection case, reaffirming the mandatory five-step test under Indian patent law. - [Banking Regulation (Co- operative Societies) Amendment Rules, 2025](https://www.maheshwariandco.com/press-releases/banking-regulation-amendment-rules-2025-explained/): Overview of the Banking Regulation (Co-operative Societies) Amendment Rules, 2025, covering ineligible directors, new Rule 5-A, and governance changes. - [Consultation Paper on Review of Master Circular for Foreign Portfolio Investors (FPIs) and Designated Depository Participants (DDPs)](https://www.maheshwariandco.com/press-releases/sebi-consultation-on-fpi-ddp-master-circular/): SEBI issues a consultation paper to streamline the Master Circular for FPIs and DDPs, consolidating updates since May 2024 into a clearer framework. - [Where Small Companies Create Big Change](https://www.maheshwariandco.com/press-releases/small-company-thresholds-revised-under-companies-act/): India revises the “small company” definition from 1 Dec 2025, raising limits to ₹10 crore paid-up capital and ₹100 crore turnover, easing compliance. - [The Hon’ble Supreme Court in India Rules Criminal Revision Filed By Informant Doesn't Abate On His Death](https://www.maheshwariandco.com/press-releases/criminal-revision-survives-informants-death-sc/): Supreme Court rules criminal revision filed by an informant does not abate on death; legal heirs or victims may continue proceedings on merits. - [The Hon’ble Supreme Court of India Defines Aravali Hills and Ranges](https://www.maheshwariandco.com/press-releases/supreme-court-defines-aravali-hills-and-ranges/): Supreme Court defines Aravali Hills and Ranges, adopts MoEF&CC criteria, halts new mining, and sets a uniform framework for Aravali ecosystem protection. - [Can Mutation of Revenue Records Can Be Carried Out Based on Will ?](https://www.maheshwariandco.com/press-releases/mutation-of-revenue-records-based-on-will/): Supreme Court clarifies that mutation of revenue records based on will is permissible where the registered will is undisputed, subject to civil court outcomes. - [Supreme Court Reaffirms Limits on Pre-Cognizance Protection](https://www.maheshwariandco.com/press-releases/supreme-court-on-limits-of-pre-cognizance-protection/): Supreme Court reiterates limits on pre-cognizance protection, holding that blanket no-arrest orders during FIR challenges unlawfully interfere with investigation. - [Arbitrariness in Naming Revenue Villages and the Binding Force of Executive Policy under Article 14](https://www.maheshwariandco.com/press-releases/arbitrariness-in-naming-revenue-villages-sc/): Supreme Court holds arbitrariness in naming Revenue Villages violates Article 14, ruling that executive policy on village naming cannot be ignored by the State. - [Quashing of Matrimonial Criminal Proceedings Based on Vague Allegations under Section 498A IPC and the Dowry Prohibition Act](https://www.maheshwariandco.com/press-releases/quashing-matrimonial-cases-on-vague-498a-allegations/): Supreme Court quashes matrimonial criminal proceedings based on vague allegations under Section 498A IPC and the Dowry Prohibition Act, preventing misuse of law. - [“DAKSHIN” Trademark Dispute : Delhi High Court Declines Interim Injunction on Jurisdiction, Acquiescence and Dual Registration](https://www.maheshwariandco.com/press-releases/dakshin-trademark-dispute/): Dakshin trademark dispute Delhi High Court ruling explains jurisdiction limits, acquiescence, dual registration, and why interim injunction was refused. - [Amendment to Commercial Banks (Undertaking of Financial Services) Directions, 2025](https://www.maheshwariandco.com/press-releases/commercial-banks-financial-services-directions-2025/): Commercial Banks Financial Services Directions 2025 amended by RBI to expand NBFC and HFC coverage, tighten governance norms, lending limits, and compliance timelines. - [SEBI Order Against Linde India](https://www.maheshwariandco.com/press-releases/sebi-order-against-linde-india/): SEBI order against Linde India upheld by SAT clarifies RPT materiality, aggregation of related party transactions, and joint venture arrangements under LODR Regulations. - [Mohammad Talha v. M/S Karim Hotels Pvt. Ltd.](https://www.maheshwariandco.com/press-releases/mohammad-talha-v-karim-hotels/): Mohammad Talha v M/S Karim Hotels Pvt. Ltd. Delhi High Court trademark infringement judgment on innocent use, acquiescence, and equitable injunctions. - [Regulatory Clarification on Section 186 Exemptions: Government Expands Definition of Financing Industrial Enterprises](https://www.maheshwariandco.com/press-releases/section-186-exemption-mca-expands-scope/): MCA clarifies Section 186 exemptions by expanding the definition of financing industrial enterprises, covering NBFCs and IFSCA-regulated finance companies. - [Transfer of PMS Portfolios Gets Easier: SEBI Frames New Regime for Business Handover by Portfolio Managers](https://www.maheshwariandco.com/press-releases/sebis-new-framework-for-pms-business-transfer/): SEBI introduces a streamlined regime for PMS business transfer, enabling quicker approvals, full responsibility transfer, and improved flexibility for portfolio managers. - [Eligibility Criteria for Derivatives on Non-Benchmark Indices: SEBI’s New Directive Ensures Market Stability](https://www.maheshwariandco.com/press-releases/sebis-new-rules-for-derivatives-on-non-benchmark-indices/): SEBI introduces new eligibility norms for derivatives on Non-Benchmark Indices to cut concentration risk, boost diversification, and improve market stability. - [MCA General Circular October 2025: Relaxation on Additional Fees for Annual Filings](https://www.maheshwariandco.com/press-releases/mca-extends-annual-filing-deadline/): MCA offers fee relaxation for FY 2024-25 annual filings with an extended deadline till Dec 31, 2025. No additional fees apply if companies file within the new timeline. - [The Hon’ble Supreme Court of India Quashes Dacoity Charge After Settlement & Holds That Essential Ingredients of the Offence Were Not Made Out](https://www.maheshwariandco.com/press-releases/fast-track-merger-rules-key-2025-mca-update/): MCA’s 2025 amendment expands fast-track merger, widens eligibility, cuts timelines, and reduces costs for unlisted and intra-group companies. - [The Hon’ble High Court of Delhi Protects Right of Appeal Under PMLA and Grants Interim Relief Amid Non-Functional Tribunal](https://www.maheshwariandco.com/press-releases/delhi-hc-safeguards-appeal-rights-under-pmla/): Delhi High Court protects the right to appeal under PMLA, granting interim relief due to the non-functional Appellate Tribunal and ensuring access to justice. - [SEBI Notifies Fifth Amendment to LODR: Revised Materiality Framework for Related Party Transactions](https://www.maheshwariandco.com/press-releases/sebi-fifth-amendment-lodr-new-rpt-materiality-rules/): SEBI Fifth Amendment LODR updates the materiality framework for RPTs with new turnover-based thresholds to enhance oversight and reduce compliance load. - [Supreme Court Restores Cancelled LoI in Himachal Pradesh e-PoS Tender, Calls State Action Arbitrary](https://www.maheshwariandco.com/press-releases/supreme-court-restores-loi-in-hp-e-pos-tender/): Supreme Court restores LoI in the HP e-PoS tender, ruling the State’s cancellation arbitrary and directing quick completion of contract formalities. - [Delhi High Court Dismisses Petitions Challenging ED’s Attachment in ₹2,400 Crore Betting and Hawala Case](https://www.maheshwariandco.com/press-releases/delhi-high-court-pmla-attachment-ruling-explained/): Delhi High Court PMLA attachment ruling dismisses challenges to ED’s action in a ₹2,400 crore betting and hawala case. Key findings and legal impact. - [From Emergency Measure to Standard Practice: MCA’s Virtual AGM Extension](https://www.maheshwariandco.com/press-releases/mca-virtual-agm-extension-2025-update/): MCA extends permission for companies to hold AGMs and EGMs via VC or OAVM beyond 2025, making virtual meetings a standard corporate practice. - [Novenco Building and Industry vs. Xero Energy Engineering Solutions Pvt. Ltd : clarifying Urgency under Section 12A in Continuing IP Infringement Cases](https://www.maheshwariandco.com/press-releases/urgency-under-section-12a-in-ip-infringement/): Explore how the Supreme Court clarified urgency under Section 12A in continuing IP infringement cases, reshaping IP enforcement law in India. - [The Hon’ble Supreme Court of India Restores Terminated Teachers and Upholds Vocational Marks for Eligibility](https://www.maheshwariandco.com/press-releases/supreme-court-restores-terminated-teachers/): The Supreme Court restores terminated teachers in Jharkhand, upholding vocational marks and reinforcing natural justice in employment cases. - [The Hon’ble Supreme Court of India Upholds Magistrate’s Power to Direct Voice Sampling](https://www.maheshwariandco.com/press-releases/supreme-court-voice-sample-judgment/): The Supreme Court upholds a Magistrate’s power to order voice samples, clarifying that it doesn’t violate Article 20(3) of the Constitution. - [The Hon’ble Supreme Court Allows Appeals in Property Dispute Case: Karam Singh vs. Amarjit Singh & Others](https://www.maheshwariandco.com/press-releases/karam-singh-vs-amarjit-singh-judgment-2025/): Read the Supreme Court’s 2025 judgment in Karam Singh vs Amarjit Singh, restoring the trial court’s order in a long-standing property dispute. - [State of Madhya Pradesh v. Janved Singh: Reaffirming Accountability in Dowry Death Cases Based on Circumstantial Evidence](https://www.maheshwariandco.com/press-releases/dowry-death-case-judgment-2025-janved-singh/): The Supreme Court in Janved Singh case reaffirms accountability in dowry death case, stressing circumstantial evidence and legal scrutiny. - [MeitY Unveils Draft Rules to Regulate and Promote Online Gaming Sector](https://www.maheshwariandco.com/press-releases/meity-online-gaming-rules/): MeitY Online Gaming Rules 2025 — draft sets up OGAI, bans money games and invites stakeholder feedback by Oct 31, 2025. - [Fast-Track Merger Rules Revolution: MCA’s 2025 Amendment](https://www.maheshwariandco.com/press-releases/fast-track-merger-rules-2025/): Explore MCA’s 2025 amendment expanding fast-track merger rules, easing intra-group mergers and cutting NCLT timelines for unlisted companies. - [SEBI’s Revolutionary Overhaul of Related Party Transaction (RPT) Framework](https://www.maheshwariandco.com/press-releases/sebi-overhauls-related-party-transaction-rules/): SEBI reforms RPT norms with scale-based thresholds, easing compliance for large firms while safeguarding minority shareholder rights. - [Tata Trust Governance Crisis and Government Intervention](https://www.maheshwariandco.com/press-releases/tata-trust-governance-crisis-and-govt-action/): Tata Trust Governance Crisis deepens as govt intervenes amid trustee disputes and RBI listing concerns for Tata Sons’ vast business network. - [Princeton wins Partial Relief in India Trademark case against Telangana Institution: Trustees of Princeton University v. Vagdevi Educational Society](https://www.maheshwariandco.com/press-releases/princeton-trademark-case-in-india/): Delhi High Court grants partial relief to Princeton University in its trademark case in India against Telangana’s Vagdevi Educational Society. - [F. Hoffmann-La Roche AG & Anr. V. Natco Pharma Limited](https://www.maheshwariandco.com/press-releases/roche-natco-patent-case-india/): Delhi HC ruling on Roche Natco patent case India prioritizes access to medicine over evergreening claims. - [Supreme Court Sets Aside High Court Order Condoning 3,966-Day Delay; Warns Courts Not to Become Surrogates for State Lethargy](https://www.maheshwariandco.com/press-releases/sc-rejects-3966-day-delay-raps-state-laxity/): Supreme Court sets aside Karnataka HC order condoning 3,966-day delay; warns courts against excusing State negligence. - [Enforcement of Arbitral Awards Amidst Pending Appeals under Section 37 of the Arbitration Act](https://www.maheshwariandco.com/press-releases/enforcement-of-arbitral-awards-amid-pending-appeals/): SC rules arbitral awards can be executed despite pending S.37 appeal if no stay is granted, ensuring speedy enforcement. - [Retired Judges Refusing Tribunal Appointments Due to Lack Of Facilities;Fault lies with Centre: The Hon’ble Supreme Court of India](https://www.maheshwariandco.com/press-releases/retired-judges-refuse-tribunal-posts-sc/): Supreme Court says retired judges refuse tribunal appointments due to poor facilities, blaming the Centre and urging urgent reforms. - [Rajul Manoj Shah Alias Rajeshwari Rasiklal Sheth vs Kiranbhai Shakrabhai Patel & ANR.](https://www.maheshwariandco.com/press-releases/rajul-manoj-shah-vs-kiranbhai-shakrabhai-patel-case/): supreme court in rajul manoj shah vs kiranbhai shakrabhai patel clarifies counter-claim rules under order viii rule 6a cpc. - [The Hon’ble Supreme Court of India Directs Time-bound Disposal of Bail Applications](https://www.maheshwariandco.com/press-releases/sc-sets-2-month-limit-for-bail-applications/): Supreme Court rules that bail applications, including anticipatory bail, must be disposed of within 2 months to uphold personal liberty. - [MCA Amends Rules for Cross-Border Mergers Between Foreign Holding Companies and Indian Subsidiaries](https://www.maheshwariandco.com/press-releases/mca-amends-rules-on-cross-border-mergers/): MCA updates rules for cross-border mergers, requiring RBI approval and compliance with the Companies Act for foreign holding and Indian subsidiaries. - [Government Expands Scope of Fast-Track Mergers to Include More Companies](https://www.maheshwariandco.com/press-releases/mca-expands-scope-of-fast-track-mergers/): MCA widens eligibility for fast-track mergers, allowing SMEs and unlisted firms with borrowings under ₹200 crore to use the expedited process. - [SEBI’s Recent Reform on IPO Norms & Foreign Investor Access (2025)](https://www.maheshwariandco.com/press-releases/sebi-ipo-reforms-2025-key-changes-explained/): SEBI IPO reforms 2025 ease public float norms, extend MPS timelines, expand anchor investor access, and simplify foreign investor entry. - [Amendment of Section 72A & 72AA – Finance Bill 2025](https://www.maheshwariandco.com/press-releases/section-72a-amendment-in-finance-bill-2025/): Finance Bill 2025 amends Section 72A, limiting loss carry-forward to the original 8-year period, curbing tax misuse in mergers and reorganisations. - [The Logix Case – NCLAT Ruling On Fraudulent Misuse Of Insolvency Law](https://www.maheshwariandco.com/press-releases/nclat-logix-case-on-insolvency-misuse/): NCLAT Logix case rules Section 7 IBC petition was fraudulent, recalls CIRP admission, and penalises creditor for misuse of insolvency law. - [The Hon’ble Supreme Court Rules State Cannot Invoke Doctrine of Escheat Against a Valid Will with Probate](https://www.maheshwariandco.com/press-releases/supreme-court-escheat-ruling-on-valid-will/): Supreme Court holds State cannot invoke escheat against a valid Will with probate, reinforcing testamentary succession over intestate claims. - [Renewable Energy](https://www.maheshwariandco.com/practice-areas/renewable-energy/): Maheshwari & Co., a renewable energy law firm in India, advises solar, wind, and hydro projects on compliance, contracts, financing, and dispute resolution. - [Sachin Sharma](https://www.maheshwariandco.com/our-team/sachin-sharma/): Home Sachin Sharma Associate Social Connect Linkedin Get In Touch Please feel free to contact us. We will get back... - [Navya Saxena](https://www.maheshwariandco.com/our-team/navya-saxena/): Home Navya Saxena Associate Social Connect Linkedin Get In Touch Please feel free to contact us. We will get back... - [Bhanei Prasad @ Raju Vs. State of Himachal Pradesh](https://www.maheshwariandco.com/press-releases/bhanei-prasad-v-state-of-hp/): Supreme Court upholds father’s conviction under POCSO Act for repeated assault on minor daughter; Section 29 presumption applied. - [KKK Hydro Power Limited v. Himachal Pradesh State Electricity Board Limited and Others](https://www.maheshwariandco.com/press-releases/kkk-hydro-power-v-hpseb/): n KKK Hydro Power v. HPSEB, SC upheld Commission’s sole authority on tariff fixation and PPA approval, rejecting claims for higher tariff. - [National Insurance Company Limited v. Sunita Devi & Ors.](https://www.maheshwariandco.com/press-releases/national-insurance-co-v-sunita-devi/): Read the Supreme Court ruling in National Insurance Co. Ltd. v. Sunita Devi (2025) refining the pay-and-recover doctrine for cancelled insurance policies. - [Ch. Joseph Vs. Telangana State Road Transport Corporation & Ors. (01/08/2025)](https://www.maheshwariandco.com/press-releases/colour-blindness-not-valid-ground-for-termination/): Supreme Court rules colour blindness alone can’t justify job termination; directs Telangana RTC to provide alternate job with pay protection. - [Dogiparthi Venkata Satish and Anr. Vs. Pilla Durga Prasad & Ors.](https://www.maheshwariandco.com/press-releases/proprietorship-as-legal-entity/): Learn how the Supreme Court clarified proprietorship as legal entity, ruling it as only a trade name and not a separate juristic person. - [DPCC v. Lodhi Property Co. Ltd.](https://www.maheshwariandco.com/press-releases/dpcc-v-lodhi-property-co-ltd/): In DPCC v. Lodhi Property Co. Ltd., Supreme Court allows DPCC to seek compensatory damages or bank guarantees under Water and Air Acts. - [Geographical Indications (GI)](https://www.maheshwariandco.com/practice-areas/intellectual-property/geographical-indications/): Geographical indications law firm in India offering legal services for GI registration, opposition, enforcement, and international protection. - [White Collar Crimes](https://www.maheshwariandco.com/practice-areas/white-collar-crimes/): Maheshwari & Co. white collar crimes law firm in India handling ED, CBI, SFIO, SEBI cases. Defence in fraud, PMLA, tax and cybercrime. Contact us today. - [Travel Blue’s ‘Tranquility’ Triumphs - Bombay High Court Halts Miniso’s Copycat Pillow](https://www.maheshwariandco.com/press-releases/travel-blue-products-india-private-limited-case/): Bombay High Court rules in favor of Travel Blue Products India Private Limited in a major design infringement dispute with Miniso. - [Another Attempt At Claiming Exclusivity Over The Red and White Colour Combination ](https://www.maheshwariandco.com/press-releases/trade-dress-protection-in-exide-case/): Calcutta High Court upholds trade dress protection for Exide’s red and white packaging, citing long-standing use and consumer association. - [Design Intellectual Property Law Firm in India](https://www.maheshwariandco.com/practice-areas/design-intellectual-property/): Maheshwari & Co. advises on design intellectual property law firm in India, including design registration, protection, and enforcement across industries. --- ## Posts - [Settling With SEBI: What the Settlement Regulations, 2026 Mean for Promoters and Directors](https://www.maheshwariandco.com/blog/sebi-settlement-regulations-2026-promoters-directors/): SEBI Settlement Regulations 2026 explained for promoters and directors: the new settlement formula, multipliers, fast-track route and 90-day window. - [Strategies for Startups to Protect Their Intellectual Property Rights (IPR)](https://www.maheshwariandco.com/blog/ip-protection-for-startups-india/): IP protection for startups in India: audit IP early, secure ownership, file trademarks and provisional patents, and use DPIIT fee rebates. Read the guide. - [Unilateral Appointment of the Arbitrator- Rights of Aggrieved Party](https://www.maheshwariandco.com/blog/unilateral-appointment-of-arbitrator/): Unilateral appointment of arbitrator is invalid after CORE II. Learn Section 12(5) rules, key SC rulings and how to challenge a one-sided appointment. - [The Draft Civil Drone (Promotion and Regulation) Bill, 2025 – What It Means for Operators and Businesses in India](https://www.maheshwariandco.com/blog/civil-drone-bill-2025-operators-businesses/): Civil Drone Bill 2025 explained: universal registration, type certification, mandatory insurance and criminal penalties for drone operators in India. - [The Cape Town Convention Meets the IBC: India’s New Aircraft Insolvency Regime](https://www.maheshwariandco.com/blog/cape-town-convention-india-aircraft-insolvency/): India’s IBC moratorium on leased aircraft now ends at two months. Our Cape Town Convention India guide covers the CTC Act, 2026 Rules and lessor steps. - [Companies (Accounting Standards) Amendment Rules, 2026: A Legal Analysis of the Amendment to AS 22 – Accounting for Taxes on Income](https://www.maheshwariandco.com/blog/accounting-standards-22-amendment-pillar-two/): Understand the Accounting Standards 22 amendment notified by MCA on 10 March 2026: Pillar Two deferred tax exception, Para 32A–32D disclosures and compliance steps. - [RBI Issues Directions on Minimum Capital Requirements For Market Risk Under Basel III For Commercial Banks](https://www.maheshwariandco.com/blog/rbi-market-risk-directions/): RBI Market Risk Directions 2026 explained: applicability, SSA capital computation, trading book rules, Pillar 3 disclosures and the 1 April 2027 deadline. - [Emergence Of Project-Wise Insolvency In India](https://www.maheshwariandco.com/blog/project-wise-insolvency-india/): Project-wise insolvency under the IBC explained: key rulings from Umang Realtech to Supertech and the 2026 amendment that ring-fences real estate projects. - [Directors’ Duties and Personal Liability for Competition Breaches](https://www.maheshwariandco.com/blog/director-liability-under-competition-act/): Director liability under Competition Act explained: Section 48, the due diligence defence, CCI orders and how Section 166 duties shape board compliance. - [Trademark Rules in India 2026: Key Changes and Comparison With the Pre-2026 Framework](https://www.maheshwariandco.com/blog/trademark-rules-india-2026/): Trademark rules in India 2026 explained: e-KYC, the well-known mark SOP, the draft practice manual and how they compare with the pre-2026 framework. - [Your Startup is growing. Is your Legal Foundation Growing As Well?](https://www.maheshwariandco.com/blog/startup-legal-checklist-india/): Use this startup legal checklist before your next fundraise or hire. Cover founders agreements, IP, POSH, investor due diligence and FEMA rules in India. - [Developer Insolvency: What it Means for Homebuyers, their Flats and their Money](https://www.maheshwariandco.com/blog/homebuyer-rights-under-ibc/): Know your homebuyer rights under IBC when a builder faces insolvency: claim filing, CoC voting, refund vs possession, and RERA vs NCLT options - [Industrial Licence in India: Who Needs It?](https://www.maheshwariandco.com/blog/industrial-licence-in-india/): Check if your business needs an industrial licence in India under IDRA 1951, which industries are covered, and key compliance after grant. - [Why Alcoholic Beverage Brands should immediately review their UAE Trademark Portfolios](https://www.maheshwariandco.com/blog/uae-class-33-trademark-alcohol-brands/): UAE Class 33 trademark filings are now open for wines and spirits. See how alcohol brands can secure direct protection and review portfolios. - [RBI’s Continuing FEMA Rationalization: What Businesses Should Know About the Withdrawal of Legacy Circulars](https://www.maheshwariandco.com/blog/rbi-withdraws-fema-circulars/): RBI withdraws FEMA circulars via A.P. (DIR Series) Circular No. 21. See what it means for ECBs, compliance manuals and cross-border deals. - [Centre Notifies INR 25,000 Wage Ceiling under the Code on Social Security, 2020](https://www.maheshwariandco.com/blog/epf-wage-ceiling-25000-code-on-social-security/): The EPF wage ceiling is now ₹25,000 under the Code on Social Security, 2020. See what S.O. 5109(E) changes for employers and payroll compliance. - [RERA vs NCLT vs NCDRC: Where a Home Buyer Shall Go to Redress His Grievance](https://www.maheshwariandco.com/blog/rera-vs-nclt-vs-ncdrc/): RERA vs NCLT vs NCDRC: know which forum a home buyer should approach for delay in possession, refund, compensation or insolvency against a builder. - [The Digital Personal Data Protection Consent Manager Framework: What Data Fiduciaries Must Do Before the November 2026 Deadline](https://www.maheshwariandco.com/blog/dpdp-consent-manager-framework-november-2026/): DPDP Consent Manager rules take effect 13 Nov 2026. See what data fiduciaries must do: API integration, consent records, deadlines and penalties. - [Green Hydrogen and Water Rights: The Hidden Regulatory Approval](https://www.maheshwariandco.com/blog/green-hydrogen-water-rights-in-india/): Green hydrogen water rights in India decide bankability. Learn the State approvals, CGWA NOCs, CRZ clearance and lender checks every project needs - [AI, Deepfakes & Copyright in India: The 2026 Legal Position](https://www.maheshwariandco.com/blog/ai-copyright-law-india-deepfakes/): AI copyright law in India explained: who owns AI-generated works, how deepfakes are regulated under the 2026 IT Rules, and personality rights remedies - [Private Placement Under The Companies Act, 2013: What Companies And Investors Need to Know](https://www.maheshwariandco.com/blog/private-placement-under-companies-act-2013/): Private placement under Companies Act 2013 explained: Section 42 limits, PAS-4 and PAS-3 filings, 60-day allotment rule, penalties and investor checks - [Companies (CSR Policy) Amendment Rules, 2026: ZCZP Instruments, The 10% CAP & The Social Stock Exchange Link](https://www.maheshwariandco.com/blog/csr-amendment-rules-2026-zczp-social-stock-exchange/): CSR Amendment Rules 2026 let companies route CSR funds via ZCZP instruments on the Social Stock Exchange. Learn the 10% cap, due diligence and key changes. - [AI And Legal Hallucinations](https://www.maheshwariandco.com/blog/ai-hallucinated-case-law/): AI hallucinated case law led the Supreme Court to set aside NCLT and NCLAT orders. What the zero-tolerance rule means for lawyers and judges. - [The BIS (Conformity Assessment) Amendment Regulations 2026: What Changed, Who It Hits and What to Do About It](https://www.maheshwariandco.com/blog/bis-amendment-regulations-2026/): BIS Amendment Regulations 2026 explained: 5-year licence validity, annual fees, 90-day suspension, Scheme-II self-declaration and MSME fee concessions. - [What Foreign Investors Need to Diligence Before Entering India’s Green Hydrogen Market](https://www.maheshwariandco.com/blog/green-hydrogen-investment-in-india/): Planning a green hydrogen investment in India? Check NGHM incentives, PESO licences, EC exemptions, land, water and offtake risks before you commit capital. - [ED Summons under Section 50 of the PMLA: Understanding Your Rights and Responsibilities](https://www.maheshwariandco.com/blog/ed-summons-under-section-50-pmla/): Received an ED summons under Section 50 PMLA? Understand your rights, what you must produce, and the risks of a wrong answer before you appear. - [When Can a Company Be Held Criminally Liable? The Supreme Court Examines the Question of Corporate Mens Rea](https://www.maheshwariandco.com/blog/corporate-criminal-liability-in-india/): The Supreme Court has clarified corporate criminal liability in India, ruling a company can be prosecuted even if no officer is named - [Setting Up an MRO Facility in India](https://www.maheshwariandco.com/blog/setting-up-an-mro-facility-in-india/): MRO setup in India: DGCA CAR-145 approval, AAI airport land leases, customs duty exemptions and 5% GST on MRO services, explained by our aviation lawyers. - [Damages In Patent Infringement Cases: Why Indian Courts Are Awarding Record Amount](https://www.maheshwariandco.com/blog/patent-infringement-damages-in-india/): Patent infringement damages in India now run into hundreds of crores. See how the Delhi High Court calculates awards and what Ericsson v Lava changed. - [Insights into Breach of Contract Issues for Business in India](https://www.maheshwariandco.com/blog/insights-into-breach-of-contract-issues-for-business-in-india/): Learn about breach of contract issues for business in India, legal remedies and steps to prevent disputes. Discover essential tips to safeguard your interests. - [Received a DRT / Sarfaesi Notice? A Borrower's And Guarantor's Guide To Response Timelines And Defences](https://www.maheshwariandco.com/blog/drt-notice-response-time-defences/): Received a DRT notice? Learn the response timelines, limitation periods, defences, recovery certificate process and appeal requirements for borrowers and guarantors. - [Section 138 of the Negotiable Instruments Act: What the Supreme Court’s New Procedural Guidelines Mean for Cheque-Bounce Cases](https://www.maheshwariandco.com/blog/section-138-ni-act-new-guidelines-by-sc/): The Supreme Court's Section 138 NI Act new guidelines change how cheque bounce cases are filed, served, settled and compounded. Here's what they mean. - [Corporate Compliance In India: Is The Law Becoming More Practical?](https://www.maheshwariandco.com/blog/corporate-compliance-in-india/): Corporate compliance in India is shifting under the Corporate Laws (Amendment) Bill 2026. What decriminalisation and small company relief mean for you. - [The Limitation Clock on Money Recovery: Understanding Article 113, Acknowledgment and Extension Under Indian Law](https://www.maheshwariandco.com/blog/money-recovery-suit-limitation-period-in-india/): How the limitation period for money recovery suit in India works under Article 113, and when an acknowledgment or part payment restarts the three-year clock. - [Beyond the SME IPO Boom: Can India Make Public Capital More Accessible Without Diluting Investor Protection?](https://www.maheshwariandco.com/blog/sme-ipo-reform-access-growth-and-investor-protection/): SEBI’s SME IPO review could reshape how smaller businesses access public capital while balancing compliance, governance and investor protection. - [Foreign Capital, Indian Skies: Navigating Ownership And Control In India’s Aviation Sector](https://www.maheshwariandco.com/blog/fdi-in-aviation-sector-in-india/): FDI in aviation sector in India allows up to 100% foreign capital, but SOEC rules keep ownership and control with Indian nationals. Know the limits. - [Carbon Footprint v. Capital Payouts: Rethinking Corporate Capital Allocation In The Age of ESG](https://www.maheshwariandco.com/blog/esg-capital-allocation-in-india/): How ESG capital allocation in India is reshaping dividend and buyback decisions under BRSR Core, Section 123 and the climate finance taxonomy. - [Fast-Track Mergers: A Wider Gateway to Simplified Corporate Restructuring under Section 233](https://www.maheshwariandco.com/blog/fast-track-merger-under-section-233/): Fast track merger under Section 233 now covers more companies after the 2025 CAA amendment. Know the eligibility, RD route, timelines and tax gaps. - [When Transparency Becomes the Price of Entry: What SEBI’s new disclosure approach tells us about the future of doing business in India](https://www.maheshwariandco.com/blog/beneficial-ownership-disclosure-in-india/): SEBI's new sponsor norms make beneficial ownership disclosure in India a governance test. See what your company should review before regulators ask. - [Consent Managers under the DPDP Rules, 2025: What Businesses Need to Know About Consent, Compliance and Data Governance](https://www.maheshwariandco.com/blog/consent-manager-under-dpdp-rules/): Consent Manager under DPDP Rules 2025: registration under Rule 4, ₹2 crore net worth, Part B duties and the 13 November 2026 deadline explained for businesses. - [FEMA Guarantee Regulations, 2026: Reshaping Cross-Border Guarantees And Business Structures In India](https://www.maheshwariandco.com/blog/fema-guarantee-regulations-2026/): The FEMA Guarantee Regulations 2026 replace the 2000 rules with a principle-based regime. Know Form GRN reporting, LSF and invocation rules. - [Aircraft Maintenance Reserve Clauses That Prevent Costly Redelivery Disputes](https://www.maheshwariandco.com/blog/aircraft-maintenance-reserve-clauses/): Aircraft maintenance reserve clauses decide who pays at redelivery. How to draft reserve rates, escrow custody, and return conditions that avoid disputes. - [The Legal Consequences Of GPS Spoofing Against Indian Civil Aircraft](https://www.maheshwariandco.com/blog/gps-spoofing-law-in-india/): GPS spoofing law in India: how the BVA 2024, IT Act, BNS and wireless telegraphy rules apply to attacks on civil aircraft — and where the gaps still are. - [Guidelines For The Use Of Artificial Intelligence In Patent Examination Procedures](https://www.maheshwariandco.com/blog/indian-patent-office-ai-guidelines/): The Indian Patent Office AI guidelines set out how examiners may use AI, what is prohibited, and why human oversight still decides your patent. - [The Hidden Cost of Neglecting IP Renewals](https://www.maheshwariandco.com/blog/ip-renewals-patent-trademark-maintenance-india/): How patents and trademarks lapse in India, why restoration often fails, and how to build an IP renewal framework that protects your IP portfolio from a missed date. - [The DPDP Clock Is Ticking: Why Businesses Should Start Preparing for Data Protection Compliance Now](https://www.maheshwariandco.com/blog/dpdp-act-compliance-for-businesses/): DPDP Act compliance obligations take full effect on 13 May 2027. Here is how Indian businesses should map data, review vendor contracts and prepare now. - [Decree Execution Under Order XXI CPC – An In-Depth Insight](https://www.maheshwariandco.com/blog/execution-of-decree-order-xxi-cpc/): How decrees are executed under Order XXI CPC in India. The execution petition and modes of execution. - [Exploring Investment Opportunities In India’s Sezs and SEZ benefits in India](https://www.maheshwariandco.com/blog/exploring-investment-opportunities-in-indias-sezs/): A guide to SEZ benefits in India, the tax benefits and compliance rules under the SEZ Act, and the application process for setting up an SEZ unit. - [Trademark Objected or Opposed? How to Respond to an Examination Report and Opposition Notice in India](https://www.maheshwariandco.com/blog/trademark-objection-opposition-reply-india/): Received a trademark examination report or Form TM-O? Learn the 30-day and 2-month deadlines, Section 9 & 11 defences, and how to file a winning reply in India. - [Wealth Preservation Strategies: Inheritance Tax Planning for High-Net-Worth Individuals in India](https://www.maheshwariandco.com/blog/wealth-planning-for-hnis-in-india/): How high-net-worth families in India structure wealth. Wealth Planning for HNIs in India from trusts and family offices to succession planning options. - [India's Aviation Industry is ready for Take-Off. Is Your Business Legally Cleared for Departure?](https://www.maheshwariandco.com/blog/aviation-law-firm-india-legal-guide/): A guide to aviation legal and regulatory compliance in India, covering aircraft leasing, finance, airport PPPs, foreign investment and dispute resolution. - [Guide to Incorporating a Business in India: Benefits for Foreign Investors](https://www.maheshwariandco.com/blog/guide-to-incorporating-a-business-in-india-legal-requirements-procedures-and-benefits-for-foreign-investors/): Learn incorporating a business in India as a foreign investor. This guide covers legal requirements, registration procedures, compliance, and benefits. - [Key Elements of a Commercial Lease Agreement: What Businesses Need to Know](https://www.maheshwariandco.com/blog/commercial-lease-agreement/): Learn the key components of a Commercial Lease Agreement, including rent terms, maintenance, and subleasing. Ensure legal compliance and protect your business interests effectively. - [Protecting India's Handloom Heritage: When Legal Protection Ends but Commercial Risks Begin](https://www.maheshwariandco.com/blog/geographical-indication-protection-handloom-india/): How GI protection guards India's handloom heritage, where enforcement fails, and the copyright and design law gaps textile businesses must understand. - [Technical Due Diligence in Aviation Transactions: Protecting Value Before the Deal Takes Off](https://www.maheshwariandco.com/blog/technical-due-diligence-aviation-transactions/): How technical due diligence protects value in aircraft deals. Maintenance records, LLP traceability, Cape Town title checks and contractual risk allocation. - [Dematerialisation of Private Company Shares under Rule 9B: Is Your Company Truly Compliant?](https://www.maheshwariandco.com/blog/rule-9b-dematerialisation-private-company-shares/): Rule 9B mandates dematerialisation of private company shares. Learn ISIN, PAS-6 filing deadlines, exemptions & Section 450 penalties for non-compliance. - [How Joint Venture Disputes and Arbitration in India are Evolving? Arbitration, Enforcement & Legal Remedies (2026 Guide)](https://www.maheshwariandco.com/blog/joint-venture-disputes-arbitration-in-india/): A guide to joint venture disputes arbitration in India. Its causes, arbitration clauses, enforcement under Section 36 & remedies for JV partners in 2026. - [An Overview of GST Return Filing in India](https://www.maheshwariandco.com/blog/gst-return-filing-in-india/): A 2026 guide to GST return filing in India. Types of GST returns, process, new 3-year time bar, GSTR-3B hard-locking, due dates & late-filing penalties. - [Homebuyers' Right To RERA: When Homebuyer Rights Override an Arbitration Clause (And When You Need a Real Estate Lawyer)](https://www.maheshwariandco.com/blog/rera-overer-arbitration-in-real-estate-disputes/): Can a RERA tribunal override an arbitration clause in real estate disputes? A real estate lawyer explains homebuyer rights, key rulings & your best forum in 2026. - [Companies Compliance Facilitation Scheme, 2026: A Limited-Time Opportunity for Companies to Clean Up Their Compliance Records](https://www.maheshwariandco.com/blog/companies-compliance-facilitation-scheme-2026/): The MCA's Companies Compliance Facilitation Scheme 2026 offers reduced fees and penalty immunity for pending filings. Learn eligibility, forms & deadlines. - [The Internet Never Forgets: De-Indexing as a way to uphold Right to be Forgotten](https://www.maheshwariandco.com/blog/right-to-be-forgotten-de-indexing-india/): The Delhi HC in Laksh Vir Singh Yadav upheld the right to be forgotten under Article 21. Learn how de-indexing balances privacy and public interest. - [Institutional Independence In Aircraft Accident Investigations](https://www.maheshwariandco.com/blog/aircraft-accident-investigation-rules-2025/): How the Aircraft Accident Investigation Rules 2025 reshape India's AAIB framework — and why institutional independence under Rules 11 and 12 still matters. - [BNS 2023 vs. IPC: How India's New Criminal Laws Handle White Collar Crimes](https://www.maheshwariandco.com/blog/white-collar-crime-under-bns-2023-vs-ipc/): How is white collar crime under BNS 2023 punished compared to the IPC? Compare Sections 111, 316, 318 and 336, penalties and recent Indian cases. - [Bhartiya Vayuyan Adhiniyam, 2024: What India's New Aviation Law Means for Airlines, Airports, Investors and the Aviation Ecosystem](https://www.maheshwariandco.com/blog/bhartiya-vayuyan-adhiniyam-2024/): The Bhartiya Vayuyan Adhiniyam 2024 replaces the Aircraft Act 1934. See what India's new aviation law means for airlines, airports and investors. - [Towards Sustainable Growth: How India's Green Energy Incentives Are Reshaping the Regulatory and Investment Landscape](https://www.maheshwariandco.com/blog/green-energy-incentives-in-india/): Green energy incentives in India are reshaping investment and compliance. Understand the schemes, carbon market rules and legal risks before you commit. - [No Will? Here's What Really Happens to Your Wealth Under Indian Law](https://www.maheshwariandco.com/blog/intestate-succession-in-india/): Died without a Will? Learn how intestate succession in India works — who inherits under Hindu, Muslim, Christian & Parsi laws, and why estate planning matters. - [Kartikeya Rawal v. InterGlobe Aviation: A Case Note on Regulatory Overlap in Indian Aviation](https://www.maheshwariandco.com/blog/cci-indigo-case-abuse-of-dominance/): The CCI IndiGo case shows DGCA oversight does not shield airlines from competition law. We unpack the abuse of dominance probe and its wider impact. - [India's FDI Revival: Is Your Business Ready For The Next Wave Of Foreign Investment?](https://www.maheshwariandco.com/blog/fdi-compliance-in-india-is-your-business-ready/): India's FDI inflows may rebound to USD 15 billion in FY27. 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Explore greenwashing rulings, SEBI BRSR gaps & compliance steps for airlines across EU, UK, India. - [Pharmaceutical Patent Architecture in India in light of TRIPS obligations](https://www.maheshwariandco.com/blog/pharmaceutical-patent-in-india-trips/): Learn how pharmaceutical patent in India balance TRIPS obligations with public health through compulsory licensing, Section 3(d) and generic drug access. - [Balancing Innovation And Judicial Independence: Understanding The Draft Regulations For Use Of Artificial Understanding (AI) In Courts, 2026](https://www.maheshwariandco.com/blog/supreme-court-ai-regulations-2026/): Explore the draft Supreme Court AI Regulations 2026 — permitted AI uses, prohibitions, liability rules and governance framework for Indian courts. - [Corporate Laws (Amendment) Bill, 2026: Key Compliances for Every Company Secretary](https://www.maheshwariandco.com/blog/corporate-laws-amendment-bill-2026-cs-guide/): The Corporate Laws Amendment Bill 2026 reshapes compliance for company secretaries. 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Step-by-step instructions for homebuyers to ensure a smooth grievance process. - [What are the key provisions of the Haryana RERA Act?](https://www.maheshwariandco.com/faq/what-are-the-key-provisions-of-the-haryana-rera-act/): Discover the key provisions of Haryana RERA Act, designed to protect homebuyers, enhance transparency, and ensure timely project completion. - [How can I check the status of my complaint filed with Haryana RERA?](https://www.maheshwariandco.com/faq/how-can-i-check-the-status-of-my-complaint-filed-with-haryana-rera/): To check the status of a complaint filed with Haryana RERA, follow these steps: Visit the Official HRERA Website: Go... - [What is the process for registering a real estate project under Haryana RERA?](https://www.maheshwariandco.com/faq/what-is-the-process-for-registering-a-real-estate-project-under-haryana-rera/): Discover the Haryana RERA registration process for real estate projects. Follow our comprehensive guide to ensure compliance and successful project registration under the Haryana RERA. - [How does Haryana RERA ensure transparency in real estate transactions?](https://www.maheshwariandco.com/faq/how-does-haryana-rera-ensure-transparency-in-real-estate-transactions/): Haryana RERA ensures transparency in real estate transactions through several robust mechanisms. First, it mandates comprehensive registration for all real... - [What are the common legal challenges faced by developers under Haryana RERA?](https://www.maheshwariandco.com/faq/what-are-the-common-legal-challenges-faced-by-developers-under-haryana-rera/): Developers under Haryana RERA face several significant legal challenges. One primary issue is compliance with stringent documentation and disclosure requirements.... - [What legal actions can homebuyers take under Haryana RERA?](https://www.maheshwariandco.com/faq/what-legal-actions-can-homebuyers-take-under-haryana-rera/): Under Haryana RERA, homebuyers have several legal actions they can take to protect their interests. One of the primary actions... - [What is the impact of Haryana RERA on real estate developers?](https://www.maheshwariandco.com/faq/what-is-the-impact-of-haryana-rera-on-real-estate-developers/): The implementation of Haryana RERA has significantly impacted real estate developers by enforcing strict regulations that enhance transparency and accountability.... - [Can Haryana RERA help in case of project delays by developers?](https://www.maheshwariandco.com/faq/can-haryana-rera-help-in-case-of-project-delays-by-developers/): Yes, Haryana RERA can assist in cases of project delays by developers. The authority has been established to protect the... - [How long does it take to register a project with Haryana RERA?](https://www.maheshwariandco.com/faq/how-long-does-it-take-to-register-a-project-with-haryana-rera/): Registering a project with Haryana RERA involves a series of detailed steps and typically takes around 30 days from the... - [What documents are required for project registration under Haryana RERA?](https://www.maheshwariandco.com/faq/what-documents-are-required-for-project-registration-under-haryana-rera/): For project registration under Haryana RERA, developers need to submit a comprehensive set of documents to ensure compliance with regulatory... - [What are the roles and responsibilities of real estate agents under Haryana RERA?](https://www.maheshwariandco.com/faq/what-are-the-roles-and-responsibilities-of-real-estate-agents-under-haryana-rera/): Under Haryana RERA, real estate agents have several roles and responsibilities aimed at ensuring transparency and accountability in the real... - [What is the process for resolving disputes with Haryana RERA?](https://www.maheshwariandco.com/faq/what-is-the-process-for-resolving-disputes-with-haryana-rera/): Resolving disputes with RERA Haryana involves a structured process designed to ensure transparency and efficiency in addressing grievances between homebuyers... - [How has Haryana RERA affected property prices in Gurgaon?](https://www.maheshwariandco.com/faq/how-has-haryana-rera-affected-property-prices-in-gurgaon/): The introduction of Haryana RERA has significantly influenced property prices in Gurgaon by enhancing market transparency and accountability. The Haryana... - [What legal rights do homebuyers have under Haryana RERA?](https://www.maheshwariandco.com/faq/what-legal-rights-do-homebuyers-have-under-haryana-rera/): Under Haryana RERA (Real Estate Regulatory Authority), homebuyers have several key rights that ensure transparency, accountability and timely completion of... - [How does Haryana RERA impact real estate transactions in Gurgaon?](https://www.maheshwariandco.com/faq/how-does-haryana-rera-impact-real-estate-transactions-in-gurgaon/): RERA Haryana has significantly impacted real estate transactions in Gurgaon by enhancing transparency, accountability and consumer protection. RERA mandates that... - [What are the key features of Haryana RERA?](https://www.maheshwariandco.com/faq/what-are-the-key-features-of-haryana-rera/): Haryana RERA (Real Estate Regulatory Authority) was established to enhance transparency and protect the interests of homebuyers in the Haryana... - [How can I file a complaint with Haryana RERA?](https://www.maheshwariandco.com/faq/how-can-i-file-a-complaint-with-haryana-rera/): To file a complaint with Haryana RERA, follow these steps: Visit the Official Website: Go to the Haryana RERA official... - [What are the penalties for non-compliance with Haryana RERA regulations?](https://www.maheshwariandco.com/faq/what-are-the-penalties-for-non-compliance-with-haryana-rera-regulations/): Non-compliance with RERA Haryana regulations can result in significant penalties for developers and real estate entities. The Act is designed... - [How do I verify if a project is registered with Haryana RERA?](https://www.maheshwariandco.com/faq/how-do-i-verify-if-a-project-is-registered-with-haryana-rera/): To verify if a project is registered with Haryana RERA, especially in Gurgaon, follow these steps to ensure transparency and... - [What is Haryana RERA and how does it benefit homebuyers?](https://www.maheshwariandco.com/faq/what-is-haryana-rera-and-how-does-it-benefit-homebuyers/): Haryana RERA, or the Real Estate (Regulation and Development) Act implemented in Haryana, aims to enhance transparency and protect the... - [How can I register my real estate project with Haryana RERA?](https://www.maheshwariandco.com/faq/how-can-i-register-my-real-estate-project-with-haryana-rera/): To register your real estate project with Haryana RERA, you need to follow a systematic process designed to ensure compliance... - [What are the real estate laws that foreign businesses should know about when acquiring property for business purposes in India?](https://www.maheshwariandco.com/faq/what-are-the-real-estate-laws-that-foreign-businesses-should-know-about-when-acquiring-property-for-business-purposes-in-india/): When foreign businesses consider acquiring property for business purposes in India, understanding the relevant real estate laws is crucial. 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These zones are... - [How does the Goods and Services Tax (GST) affect foreign companies in India?](https://www.maheshwariandco.com/faq/how-does-the-goods-and-services-tax-gst-affect-foreign-companies-in-india/): The implementation of the Goods and Services Tax (GST) in India has significantly impacted foreign companies operating within the country.... - [What are the options for dispute resolution for foreign businesses in India?](https://www.maheshwariandco.com/faq/what-are-the-options-for-dispute-resolution-for-foreign-businesses-in-india/): For dispute resolution in India, Foreign businesses have several options for dispute resolution, ensuring they can address conflicts efficiently and... - [How can intellectual property rights be protected when setting up in India?](https://www.maheshwariandco.com/faq/how-can-intellectual-property-rights-be-protected-when-setting-up-in-india/): To protect intellectual property (IP) rights when setting up a business in India, it is essential to understand the legal... - [What are the labour laws that foreign businesses need to be aware of in India?](https://www.maheshwariandco.com/faq/what-are-the-labour-laws-that-foreign-businesses-need-to-be-aware-of-in-india/): Foreign businesses in India must adhere to several key labour laws to ensure compliance and smooth operations. 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Understand the procedures, legal requirements, and best practices for ensuring a smooth transfer process. - [What support do IP law firms in India provide to international businesses?](https://www.maheshwariandco.com/faq/ip-law-firms-in-india/): Discover how IP Law Firms in India offer extensive support to international businesses, including patent protection, trademark registration, and legal strategies to safeguard intellectual property in the Indian market. - [What are the benefits of IP protection for foreign companies operating in India?](https://www.maheshwariandco.com/faq/ip-protection-for-foreign-companies/): Discover the crucial benefits of IP protection for foreign companies in India, safeguarding innovations, enhancing brand trust, and mitigating legal risks. - [How do international companies handle IP dispute resolution in India?](https://www.maheshwariandco.com/faq/ip-dispute-resolution-in-india/): Learn how international companies can effectively handle IP dispute resolution in India. Explore strategies, legal frameworks, and best practices for resolving intellectual property disputes. - [What are the penalties for IP infringement in India for international businesses and how can IPR legal services in India help with the same?](https://www.maheshwariandco.com/faq/ipr-legal-services/): Learn about IP infringement penalties in India and how IPR legal services in India can help international businesses protect their intellectual property rights. - [How can an international company renew its patents and trademarks in India?](https://www.maheshwariandco.com/faq/how-can-an-international-company-renew-its-patents-and-trademarks-in-india/): To renew patents and trademarks in India, international companies need to follow specific procedures. Patent Renewal: Submission of Renewal Fees:... - [What documents do foreign companies need for trademark registration in India?](https://www.maheshwariandco.com/faq/trademarks-registration-in-india/): Learn about the essential documents required for trademarks registration in India. Ensure a smooth trademark application process with this comprehensive guide for foreign companies. - [Is it possible for an international company to register a trademark online in India?](https://www.maheshwariandco.com/faq/register-trademark-in-india/): Learn how international companies can register trademark in India online, ensuring brand protection in one of the world's largest markets. Step-by-step guide included. - [Are there any specific IP laws in India that international companies should be aware of?](https://www.maheshwariandco.com/faq/ip-laws-in-india/): Learn about key IP laws in India, including patents, trademarks, and copyright, crucial for international companies to protect their intellectual property. - [How can a patent attorney in India help an international company to get a patent approved in India?](https://www.maheshwariandco.com/faq/patent-attorney-in-india/): Discover how a patent attorney in India can help international companies navigate the patent application process and secure approval efficiently - [How can an international business navigate intellectual property litigation in Delhi?](https://www.maheshwariandco.com/faq/intellectual-property-litigation-in-delhi/): Learn essential strategies for international businesses to effectively manage intellectual property litigation in Delhi. Navigate the complexities with expert insights. - [How can a IP law firm in India help with understanding costs associated with IP registration for foreign companies in India?](https://www.maheshwariandco.com/faq/ip-law-firm-in-india/): Learn how an IP law firm in India can help foreign companies navigate IP registration costs effectively, ensuring comprehensive protection within budget. - [What is the process for patent registration in India for an international company?](https://www.maheshwariandco.com/faq/patent-registration-in-india/): Learn the step-by-step process for patent registration in India, including eligibility, required documents, and filing routes for international companies. - [What are the legal requirements for trademark registration in India for a foreign company?](https://www.maheshwariandco.com/faq/trademark-registration-in-india/): Learn the legal requirements and steps for trademark registration in India for foreign companies, including direct filing and the Madrid Protocol. Ensure brand protection in India. - [Can an international company enforce its intellectual property rights in India?](https://www.maheshwariandco.com/faq/intellectual-property-rights-in-india/): Discover how international companies can enforce intellectual property rights in India. Learn about registration, legal frameworks, and overcoming common challenges. - [What is the process for copyright protection in India for a foreign entity?](https://www.maheshwariandco.com/faq/copyright-protection-in-india/): Learn the process of copyright protection in India for foreign entities, including registration, enforcement, and benefits. --- # # Detailed Content ## Pages > Explore Maheshwari & Co.'s portfolio showcasing successful deals and legal expertise. Contact us for comprehensive assistance in navigating legal matters. - Published: 2026-08-24 - Modified: 2026-08-24 - URL: https://www.maheshwariandco.com/deals/ Home Deals Discover our latest deals Deals Saket Court Issues Warrants of Attachment The Commercial Court at Saket issues warrants of attachment after rejecting a judgment debtor's plea that living in the US bars execution. View More Due Diligence Advisory: Healthcare Distribution Startup Maheshwari & Co. advised on full-scope financial, legal and regulatory due diligence for an investment in a rural healthcare distribution startup. View More POSH Act Compliance Advisory | Maheshwari & Co. Maheshwari & Co. advised a leading ASIC & SoC design company on POSH Act compliance, Internal Committee reconstitution, and workplace governance in India. View More Execution Proceedings: Early Hearing Secured Maheshwari & Co. secured an early hearing in execution proceedings at Saket Courts, advancing the date and protecting the decree holder's rights. View More Cross-Border Transaction in India | Aviation Deal Maheshwari And Co. advised an aviation client on a cross-border transaction in India, covering subsidiary setup, FEMA compliance, and market entry. View More Strategic Share Acquisition Advisory Maheshwari & Co. advised on a strategic share acquisition involving FEMA compliance, taxation, and corporate regulatory support. View More Employer Withheld Salary & Gratuity? Know Your Rights Employer withheld salary & gratuity after your resignation? Learn how a Delhi court awarded ₹4. 57L to an employee and what legal rights protect you in India. View More Legal Advisory for Retail Brands in India Maheshwari & Co. provided comprehensive legal advisory services for retail brands in India, supporting Uniqlo India with FEMA, IP, contracts, and compliance. View More Performance... --- > MAHESHWARI & CO. is a corporate law firm in Delhi advising on M&A, FDI, FEMA, joint ventures & commercial contracts for Indian and global businesses. - Published: 2026-08-04 - Modified: 2026-08-04 - URL: https://www.maheshwariandco.com/delhi/corporate-and-commercial/ Home Corporate Law Firm in Delhi NCR Corporate & Commercial Legal Advisory Recognized among the top corporate law firms in Delhi with a wide network across major Indian cities, offering services across various sectors. Dedicated to delivering high-quality legal solutions, ensuring the smooth operation and risk mitigation for client operations. Offers a broad range of services including transaction structuring, india entry, Structuring including company formation, foreign investment, capital market dealings and risk management. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Corporate Law Firm in Delhi Best Corporate Lawyer in Delhi MAHESHWARI & CO. is a leading corporate law firm in Delhi, providing an extensive array of legal services specifically designed to address the evolving needs of businesses. Our firm specializes in areas such as mergers and acquisitions, corporate governance, and regulatory compliance, establishing us as one of the best corporate law firms in Delhi. Through a proactive and anticipatory approach, we identify potential legal challenges, thereby enabling businesses to mitigate risks and achieve their objectives effectively. Operating from our primary office in Safdarjung Enclave, New Delhi, our corporate legal practice combines local regulatory access with global execution capability. Positioned in close proximity to major statutory authorities including the Ministry of Corporate Affairs (MCA), the National Company Law Tribunal (NCLT Principal Bench), the Reserve Bank of India (RBI), SEBI, and the Department for Promotion of Industry and Internal Trade (DPIIT), our team of corporate lawyers in Delhi... --- - Published: 2026-07-03 - Modified: 2026-09-11 - URL: https://www.maheshwariandco.com/our-team/tarun-biswas/ Home Tarun Biswas Associate Partner Social Connect Linkedin Get In Touch Please feel free to contact us. We will get back to you with 1-2 business days. info@maheshwariandco. com B 7/1, Safdarjung Enclave Extension New Delhi 110029 Connect With Us Professional Profile With over 12 years of distinguished litigation practice, Tarun Biswas is a seasoned legal professional with extensive expertise in real estate law, representing both developers and allottees in complex real estate disputes and high-value property transactions. His practice spans a diverse spectrum of litigation, including matrimonial disputes, civil and criminal matters, commercial litigation, and domestic as well as international arbitration. He holds a postgraduate degree from the National Law School of India University (NLSIU), Bengaluru, and has represented clients before various judicial and quasi-judicial forums, including District Courts, High Courts, Tribunals, and Arbitral Tribunals across India. Known for his strategic legal acumen, meticulous case preparation, and client-centric approach, he has consistently advised and represented individuals, corporations, and business entities in navigating intricate legal challenges with practical and effective solutions. Practice Areas Real Estate Arbitration Litigation Criminal Civil Insolvency & Bankruptcy Corporate & Commercial --- > How trademark prior use in India can override registration. Bombay HC's Century 21 ruling clarifies dishonest adoption, trans-border reputation & online use. - Published: 2026-04-13 - Modified: 2026-04-15 - URL: https://www.maheshwariandco.com/press-releases/trademark-prior-use-in-india-bombay-hc-ruling/ Decided on: 17th February, 2026 Coram: Arif S. Doctor, J. Citation: Commercial Miscellaneous Petition No. 857 Of 2022 Introduction In a decision that resonates strongly with both businesses and legal practitioners, the Bombay High Court has reaffirmed a simple but powerful principle: a trademark is not merely a registration, it is a reputation earned over time, and the law will not allow others to appropriate it. In this judgment the Court was confronted with a classic case of brand imitation in the real estate sector, raising fundamental questions about prior use, trans-border reputation, and the limits of statutory protection. The judgment ultimately reinforces that intellectual property law exists not just to regulate markets, but to preserve commercial honesty and consumer trust. Factual Background The petitioner, Century 21 Real Estate LLC, is a well-known international real estate franchising company. It has been using the marks “CENTURY 21” since the 1970s and has built a strong reputation over time. The brand is widely recognised across different countries. In India as well, the petitioner had trademark registrations dating back to 1989. It later expanded its presence through franchise arrangements, particularly around 2007. Apart from this, it also had domain names and an online presence connected to its brand, which made it accessible to Indian consumers. The respondent, Century 21 Town Planners Pvt. Ltd. , is also in the real estate business. Around 2010, it obtained trademark registrations for the mark “C21” and also included “CENTURY 21” in its company name. The petitioner approached... --- > Supreme Court clarifies surety liability & variance in loan terms — guarantors remain liable for the original sanctioned amount despite unauthorized excess withdrawals under Section 133. - Published: 2026-04-02 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/surety-liability-variance-in-loan-terms-sc-ruling/ Bhagyalaxmi Co-operative Bank Ltd. Vs. Babaldas Amtharam Patel (D) through LRs & Others The case is between Bhagyalaxmi Co-operative Bank Ltd. and Babaldas Amtharam Patel (D) through LRs & Others, embodying a critical question of law, i. e. , whether a surety is discharged from their entire liability when there is a variance in the terms of the loan contract made without the surety's consent, or whether the liability remains enforceable to the extent of the original agreement? Specifically, the Hon’ble Supreme Court examined the interpretation of Section 133 of the Indian Contract Act, 1872, regarding the bifurcation of liability when a borrower withdraws funds in excess of the sanctioned limit for which the sureties originally stood guarantee. In October 1993, M/s Darshak Trading Company (respondent No. 6) obtained a cash-credit facility of ₹4,00,000/- from Bhagyalaxmi Co-operative Bank Ltd. Respondent Nos. 1 and 2 stood as guarantors/sureties for this specific sanctioned amount. Subsequently, the principal debtor, allegedly in conspiracy with the bank officials, withdrew amounts far exceeding the sanctioned limit of ₹4,00,000/-When the borrower defaulted, the bank sought to recover the total outstanding amount from the guarantors. The Hon’ble High Court of Gujarat had previously held that the guarantors were not liable at all, reasoning that liability could not be bifurcated and that any variance in the contract without consent discharged the sureties entirely. The Hon’ble Supreme Court set aside the High Court's judgment, holding that the sureties remained liable for the original sanctioned amount despite the unauthorized excess withdrawals.... --- > Supreme Court contempt proceedings delay ruling clarifies that review petitions and administrative hurdles cannot justify non-compliance of court orders. - Published: 2026-04-02 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-contempt-proceedings-delay-ruling/ Israr Ahmad Khan Vs. Amarnath Prasad & Ors. The case is between Israr Ahmad Khan and Amarnath Prasad & Ors. , embodying a critical question of Law, i. e. , whether third parties or non-parties to original proceedings can be held liable for contempt of court, and whether administrative hurdles or the mere filing of a Review Petition justify the non-compliance of a judicial order within the prescribed timeline. The facts of the case were that the Hon’ble Supreme Court passed an Order dated 20. 05. 2025 in CA Nos. 7023/2025 and 7024/2025, granting the respondents three months, i. e. , until 20. 08. 2025, for full compliance of the aforementioned order. There was no compliance within the time. Instead, internal communication regarding "guidance in relation to compliance" only began in late July 2025, after over two months of the three-month period had already elapsed. A Review Petition was filed in October 2025, which still remains defective due to a failure to rectify notified errors and was used by the respondents as a justification for delaying implementation. When contempt notices were issued, the alleged contemnors cited administrative hurdles and exigent circumstances as reasons for their failure to act. The Hon’ble Supreme Court held that a clear-cut case of contempt was made out, observing that the filing of a Review Petition does not act as an automatic stay and that it was the duty of the contemnors to first comply with the Order. The Court firmly rejected the defence of administrative... --- > Consumer Complaint Fraud Supreme Court India: SC rules complex fraud and forgery cases cannot be decided under Consumer Protection Act proceedings. - Published: 2026-04-02 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/consumer-complaint-fraud-supreme-court-india/ On 19th March, 2026, the Hon’ble Supreme Court of India gave it judgment in Sant Rohidas Leather Industries and Charmakar Development Corporation Ltd. vs. Vijaya Bank. The appeal challenged an order by the National Consumer Disputes Redressal Commission (NCDRC) that had dismissed the appellant's complaint on the grounds that a corporate entity investing for profit does not qualify as a "consumer. " The dispute started when the appellant invested Rs. 9 crores in a fixed deposit (FDR) with Vijaya Bank in 2014. A few months later, the appellant discovered the Bank had sanctioned an Rs. 8. 10 crore overdraft facility against that FDR, a transaction the appellant claimed was fraudulent and unauthorized. While the appellant demanded the full maturity value, the Bank adjusted the outstanding overdraft amount against the FDR and remitted only the remaining balance of approximately Rs. 50. 58 lakhs. The Court addressed two primary questions, i. e. , Does body corporate depositing surplus funds in an interest-bearing FDR automatically lose its status as a "consumer"? Can complex allegations of fraud and forgery be decided in summary proceedings under the Consumer Protection Act? The Bench, comprising Justice Pamidighantam Sri Narasimha and Justice Manoj Misra, clarified the scope of consumer law in commercial banking. The Court disagreed with the NCDRC's view that earning interest on a deposit constitutes a "commercial purpose. " It held that seeking safe custody for funds or complying with statutory mandates does not necessarily aim at profit generation. To qualify as a "commercial purpose," a... --- > Bijwasan Railway Redevelopment Supreme Court ruling prioritizes Master Plan over deemed forest claims, clearing RLDA project in Delhi. - Published: 2026-04-02 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/bijwasan-railway-redevelopment-supreme-court/ On 20th March, 2026, the Hon’ble Supreme Court of India gave an important judgment in Naveen Solanki and Another vs. Rail Land Development Authority (RLDA) and Others. The Court dismissed an appeal challenging the redevelopment of the Bijwasan Railway Station in Delhi, clarifying the legal standing of a statutory Master Plan against claims of "deemed forest" status arising from the growth of invasive species over time. The dispute originated from a Request for Proposal (RFP) issued by the RLDA for a 12. 40-hectare multi-use plot near the New Bijwasan Railway Station. The appellants challenged the project, alleging that the land, which was home to over 1,100 trees, qualified as a "deemed forest" under the Forest (Conservation) Act, 1980, and required prior central government clearance. The National Green Tribunal (NGT) had earlier dismissed the plea, leading to the appeal to the Apex Court. The Bench comprising of Justice Augustine George Masih and Justice Dipankar Datta examined whether land for a project under a Master Plan could later be declared a "deemed forest" due to the passage of time. The Court emphasized that a statutory Master Plan is not a mere policy document but a binding legal instrument. It held that the character of the land must be determined as of the date the Master Plan comes into force, not when actual work begins. It was also observed that 70% of the trees on the site were invasive species like Vilayati Kikar, which disrupt native biodiversity. The Court noted that such growth... --- > Right to Die with Dignity India: Supreme Court allows withdrawal of life support in PVS cases, reinforcing Article 21 and passive euthanasia law. - Published: 2026-04-02 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/right-to-die-with-dignity-india-sc-ruling/ On 11th March, 2026, the Hon’ble Supreme Court of India pronounced its judgment in the case of Harish Rana vs. Union of India & Ors. The matter was a Miscellaneous Application arising from a Special Leave Petition concerning a 32-year-old man who had been in a Persistent Vegetative State (PVS) for over 13 years due to a tragic fall from the fourth floor of his accommodation in 2013. The applicant, through his parents, sought a declaration that the provision of Clinically Assisted Nutrition and Hydration (CANH) via a PEG tube constitutes "medical treatment" and requested its withdrawal, arguing that his continued vegetative existence violated his right to live with dignity under Article 21 of the Constitution. The record has shown that the applicant suffered a diffuse axonal injury, resulting in 100% permanent physical disability. Despite years of dedicated and intense care from his family, his neurological condition remained static with no evidence of awareness and no hope for recovery. A Primary Medical Board and a Secondary Medical Board, both confirmed that the applicant was in an irreversible PVS and that while CANH sustained biological survival, it was proved to be futile for improving his medical condition or repairing brain damage. The Hon’ble Supreme Court determined that artificially prolonging the applicant's life through medical intervention was no longer in his best interest. The Court’s reasoning was based on the constitutional interpretation of the "right to die with dignity" as an extension of the right to life under Article 21. The Court... --- > Nitro Asia NHIT acquisition approved by CCI, boosting foreign investment in India’s highway infrastructure and InvIT market. - Published: 2026-03-31 - Modified: 2026-04-02 - URL: https://www.maheshwariandco.com/press-releases/nitro-asia-nhit-acquisition-gets-cci-nod/ Competition Commission of India. Date: 2026 Parties: Nitro Asia Holdings Pte. Ltd. -Acquirer. National Highways Infra Trust (NHIT) - Target (InvIT) Brief: In 2026, the Competition Commission of India (CCI) gave consent to the takeover of units in the National Highways Infra Trust (NHIT) by Nitro Asia Holdings. NHIT is a type of infrastructure investment trust which is sponsored by the National Highways Authority of India (NHAI), and was established to sell off the assets of the operational highways. The Competition Act, 2002 regulates the transaction and they were evaluated to see whether they would result in any appreciable adverse impact on the competition in the infrastructure and investment markets. The CCI having examined the structure and market effect had accepted the transaction by observing that the acquisition was more of a financial aspect, and that the acquisition did not affect the competition on the market in question. The transaction is indicative of growing foreign investor involvement in the infrastructure monetisation pipeline in India and capital flow to the public infrastructure assets. Notification --- > CCI Deal Value Threshold now covers high-value digital deals under Competition Act 2023. Know what triggers CCI approval & how it impacts M&A in India. - Published: 2026-03-30 - Modified: 2026-03-30 - URL: https://www.maheshwariandco.com/press-releases/cci-deal-value-threshold/ Authority: Competition commission of India. Law Competition (Amendment) Act, 2023- Deal Value Threshold (DVT). Brief: In 2026, Competition Commission of India put into effect combinations approvals based on the recently adopted Deal Value Threshold (DVT) framework, a move that signifies a major change in the merger control regime in India. Conventionally, combinations were evaluated according to the asset levels and turnover levels but the DVT model goes further and considers asset high-value transactions, especially in the digital and technology industries, despite the target company having low turnover.   The approvals of CCI through this framework indicate that the regulator is keen on seizing acquisitions of innovative or data-driven businesses that would not otherwise be scrutinized. The action brings the Indian competition law in line with the industry best practices and makes sure that even the potentially anti-competitive transactions in the emerging sectors are properly checked.   The development improves regulatory control and strikes a balance between the ease of doing business and investor confidence. Notification --- > IBBI Resolution Professionals get stronger accountability rules in 2026. Know the key IBC reforms on disclosure, conduct & creditor responsibilities. - Published: 2026-03-30 - Modified: 2026-03-31 - URL: https://www.maheshwariandco.com/press-releases/ibbi-resolution-professionals/ Authority - Insolvency and Bankruptcy Board of India. Legislation, Insolvency and Bankruptcy Code, 2016. Brief: The Insolvency and Bankruptcy Board of India (IBBI) also proposed regulatory measures to enforce the role, accountability and independence of Resolution Professionals (RP) under the Insolvency and Bankruptcy Code (IBC) in 2026. The reforms aim at making the process of corporate insolvency resolution process (CIRP) more transparent and ensures that the RP is fair and impartial when dealing with stressed assets.   The main amendments are the increased disclosure, the closer attention to the RP behavior, and the better understanding of their responsibilities to the creditors and stakeholders. The IBBI has also focused on professional standards and disciplinary procedures to guarantee efficiency on insolvency process.   The intentions of these reforms include ensuring increased confidence among the stakeholders, lessening delays and maximising better value in the insolvency resolution. Notification --- > MCA AI compliance system uses data analytics to monitor filings, detect anomalies & prevent fraud in real-time. Smarter corporate governance starts now - Published: 2026-03-28 - Modified: 2026-03-31 - URL: https://www.maheshwariandco.com/press-releases/mca-ai-compliance-system/ Agency: Ministry of Corporate Affairs. In 2026, the Ministry of Corporate Affairs (MCA) launched an AI-enhanced system to monitor compliance to enhance corporate governance and regulation. It is a system that uses artificial intelligence and data analytics to monitor company filings, detect anomalies, and indicate possible non-compliance in real-time.   The initiative would be in line with the larger digital transformation agenda of MCA to drive higher transparency, less manual intervention, and proactive supervision of regulation. The system increases efficiency in identifying shell companies and fraudulent filings and latency in statutory reporting by automating compliance checks.   The step is a transition away towards a more reactive enforcement and towards a more predictive and preventive regulation, which will enhance the corporate compliance ecosystem in India to a considerable degree. Notification --- > Delhi HC's Swami Ramdev ruling on personality rights and AI deepfakes — what it means for celebrities, brands, and India's IPR regime. - Published: 2026-03-23 - Modified: 2026-03-25 - URL: https://www.maheshwariandco.com/press-releases/delhi-hc-ramdev-v-john-doe-personality-rights/ Introduction The Delhi High Court’s order in Swami Ramdev v. John Doe is an important wake-up call for the Intellectual Property Rights Regime and the technology laws in India. The judgement establishes that personality rights are no longer a side issue to be tagged on after trademark or copyright, especially in today’s new age of AI, deepfakes, and viral social media content. Swami Ramdev came to court not only as a businessman but also as a yoga guru and public figure whose identity is closely linked with yoga, Ayurveda, and public health work over many years. His personality attributes, including the saffron-colored clothes, long beard, distinct way of speaking, likeness, overall persona, and his very name, have become a kind of shorthand for the values and services he represents in the minds of ordinary people over the decades. The Single Bench has analyzed in detail the wide scope and enforceability of personality and publicity rights, as it addressed the misuse of Swami Ramdev’s (“Plaintiff”) personality attributes by unauthorized entities across digital platforms as “misappropriation and exploitation” of his personality rights for commercial gain. The court’s ruling critically addresses the extent to which such acts constitute infringement of personality rights, misappropriation of goodwill, and passing off. The judgement explains how use of one’s personality and goodwill is misused online through AI-generated and morphed videos, fake endorsements, and misleading social media posts. Facts of the Case The Plaintiff, Swami Ramdev, is a renowned “Yoga Guru” who has acquired substantial goodwill and reputation,... --- > Are you looking for best Capital Markets Lawyers in India? We at law firm providing Capital Market legal services. Find the right Capital Market attorney near you easily and get a law advice. - Published: 2026-03-19 - Modified: 2026-06-01 - URL: https://www.maheshwariandco.com/practice-areas/capital-markets/ Home Capital Markets MAHESHWARI & CO. advises companies, promoters, and investors across the full spectrum of capital market transactions from pre-listing preparation to post-listing compliance. We advise clients on the complex interplay between the Securities and Exchange Board of India (SEBI) regulations, the Companies Act, 2013, and stock exchange frameworks. We streamline the process, eliminate regulatory ambiguity, and ensure that transactions are not delayed due to avoidable compliance gaps or disclosure deficiencies. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Capital Markets Practice Capital Markets Law Firm MAHESHWARI & CO. stands out among Capital Markets law firms in India with a team of lawyers who have handled complex and high-value transactions across the full spectrum of securities markets. Our capital markets attorneys know the regulatory terrain — not in theory, but through years of working directly with SEBI, BSE, NSE, and leading merchant banking institutions. Whether the work involves drafting and vetting offer documents, conducting legal due diligence, or advising on SEBI and Companies Act compliance, every mandate is managed with the same rigour and aligned with what the client is actually trying to achieve. As one of the leading capital markets law firms, MAHESHWARI & CO. provides legal solutions shaped around the specific needs of issuers, promoters, and investors. Our capital markets lawyers do not treat each matter as a compliance exercise. We understand that a listing is a business milestone, that a QIP has a... --- > Subscribe to our law firm's newsletter for the latest legal news, updates, and practical tips directly to your inbox. Stay ahead with our expert guidance. - Published: 2026-03-13 - Modified: 2026-10-15 - URL: https://www.maheshwariandco.com/ipr-newsletters/ Home IPR Newsletters Subscribe for IPR Newsletters IPR Newsletters Newsletters IPR Newsletters INSIGNIA - September 2026 INSIGNIA is MAHESHWARI & CO. ’s monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of September 2026. View More INSIGNIA - August 2026 INSIGNIA is MAHESHWARI & CO. ’s monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of August 2026. View More INSIGNIA - July 2026 INSIGNIA is MAHESHWARI & CO. 's monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of July 2026. View More INSIGNIA - June 2026 INSIGNIA is MAHESHWARI & CO. 's monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of June 2026. View More INSIGNIA - May 2026 INSIGNIA is MAHESHWARI & CO. 's monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of May 2026. View More INSIGNIA - April 2026 INSIGNIA is MAHESHWARI & CO. 's monthly compilation of the latest legislative, judicial and regulatory developments in the country. This edition covers all the updates for the month of April 2026. View More INSIGNIA - March 2026 INSIGNIA is MAHESHWARI & CO. 's monthly compilation of the latest legislative,... --- > Lotus Herbals v DPKA trademark case: Delhi High Court explains descriptive use defence under the Trade Marks Act in the Lotus Splash dispute. - Published: 2026-03-10 - Modified: 2026-03-10 - URL: https://www.maheshwariandco.com/press-releases/lotus-herbals-v-dpka-trademark-case-explained/ Decided on: 16 February 2026 Coram: Justice V. Kameswar Rao and Justice Vinod Kumar Citation:2026 SCC OnLine Del 540 Introduction In a recent decision, the Division bench of the Delhi High Court analyzed the scope of defense of descriptive use under the Trade Marks Act, 1999. The dispute involves Lotus Herbals Pvt. Ltd (“Lotus Herbals/ Appellant”). , a prominent brand in the cosmetics and skincare industry and DPKA Universal Ventures Pvt. Ltd. (“DPKA/ Respondent”), a skincare and wellness company trading as 82°E founded by the renowned actor Deepika Padukone. The Court’s ruling carefully examines the distinction between commercial use of a trademark and ‘permissible descriptive use’ of a trademark, especially when the trademark in question forms a prominent part of a registered trademark. Factual Background Lotus Herbals is the registered proprietor of trademark “Lotus Herbals” and a family of “LOTUS” formative marks in relation to cosmetics, skincare, and personal care goods. The first “LOTUS” formative mark registered by the entity dates back to 1996. In 2023, Lotus Herbals became aware of DPKA’s skincare products launched under the trademark “82°E”. One of DPKA’s facial cleanser was branded as “Lotus Splash” and marketed as a conditioning cleanser containing lotus flower extracts and bio flavonoid. On the packaging of the product, the phrase “Lotus Splash” was highlighted. Lotus Herbals claimed that the term 'LOTUS' was the main and fundamental feature of the registered trademarks, and the whole word mark 'LOTUS' was also incorporated into the mark 'Lotus Splash' that too for similar products.... --- > SEBI Stock Brokers Regulations 2026 introduce a modern compliance framework for brokers, improving transparency, governance standards, and investor protection in India. - Published: 2026-03-07 - Modified: 2026-03-07 - URL: https://www.maheshwariandco.com/press-releases/sebi-stock-brokers-regulations-2026-explained/ Matter: SEBI (Stock Brokers) Regulations, 2026 Authority: Securities and Exchange Board of India Area of Law: Securities Law & Corporate Governance In 2026, SEBI introduced a new set of regulations governing stock brokers, replacing the earlier 1992 framework. This change was necessary because India’s securities market has evolved significantly, especially with the growth of online trading platforms, algorithmic trading, and increased participation of retail investors. The new regulations aim to create a more structured and updated compliance system for brokers by clearly defining their duties, strengthening governance standards, and improving risk management requirements. They also focus on enhancing transparency and protecting investors by ensuring better disclosure practices. In simple terms, these regulations reflect SEBI’s effort to update the legal framework so that it matches the realities of today’s fast-growing and technology-driven securities market. References 1 References 2 --- > NCLT admits a Section 245 class action against Jindal Poly Films, marking a key step for minority shareholder protection under the Companies Act 2013. - Published: 2026-03-07 - Modified: 2026-03-07 - URL: https://www.maheshwariandco.com/press-releases/nclt-admits-class-action-under-section-245/ Authority: National Company Law Tribunal (NCLT) Case: Minority shareholders’ class action against Jindal Poly Films Ltd. Date of Order: 6 February 2026 On 6 February 2026, the National Company Law Tribunal (NCLT) admitted a class-action petition filed by a group of minority shareholders against Jindal Poly Films Ltd. under Section 245 of the Companies Act, 2013. Section 245 allows a group of members with shared grievances to represent a larger class of shareholders and seek relief when the company’s affairs are being conducted in a manner that is unfair, prejudicial, or oppressive to their interests. In this case, the petitioners demonstrated to the tribunal that the statutory requirements for a class action including a sufficient number of affected members and common issues of grievance were satisfied. The Tribunal’s decision is notable because although Section 245 has been on the statute book for many years, it has seldom been invoked or admitted in practice. By allowing this class action to proceed, the NCLT has signalled a stronger willingness to use this provision to address collective shareholder harm and enhance minority investor protection. The case is now permitted to move forward, meaning the class action can continue through NCLT proceedings, and Section 245 is being treated as a viable legal tool for collective shareholder remedies in India. References : --- > Supreme Court clarifies that execution of a mandatory injunction must be filed within 3 years under Article 135 of the Limitation Act, reinforcing strict compliance with limitation periods. - Published: 2026-03-07 - Modified: 2026-03-07 - URL: https://www.maheshwariandco.com/press-releases/mandatory-injunction-limitation-sc-clarifies/ The Supreme Court of India has reaffirmed the strict timelines governing the enforcement of civil decrees, emphasizing that the "fruits of a decree" can only be enjoyed by those who remain vigilant of statutory limitation periods. In the matter of Babu Singh (D) Thr. LRS & Anr. vs. Jalandhar Improvement Trust & Anr. , the Court clarified the application of Article 135 of the Limitation Act, 1963, regarding mandatory injunctions. The primary legal contention revolved around on whether an execution application for a mandatory injunction is barred by limitation if filed more than three years after the decree is passed, especially when the decree does not specify a future date for performance. The petitioners sought to challenge the dismissal of their execution plea, which had been rejected by the lower courts as "time-barred. " The case brought into focus the interplay between judicial relief and the procedural finality intended by the Limitation Act. The legal battle dates back to January 6, 2005, when the First Appellate Court ruled in favor of the petitioners. The Court had declared the cancellation of a plot allotment by the Jalandhar Improvement Trust as "illegal and unconstitutional" and granted a mandatory injunction directing the Trust to comply with its earlier allotment orders. However, the petitioners did not file an Execution Application until August 12, 2010, more than five years after the original decree was signed. A Bench comprising Justice Manoj Misra and Justice Manmohan upheld the concurrent findings of the Execution Court and the Punjab... --- > Supreme Court refuses to halt CIRP against Hiranmaye Energy, reaffirming that insolvency proceedings under the IBC cannot be delayed by restructuring or settlement proposals. - Published: 2026-03-07 - Modified: 2026-03-07 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-refuses-to-stall-cirp/ On 18th February, 2026, the Hon’ble Supreme Court of India gave a judgment in Power Trust (Promoter of Hiranmaye Energy Ltd. ) vs. Bhuvan Madan (Interim Resolution Professional of Hiranmaye Energy Ltd. ) & Ors. . The appeal was filed by Power Trust wherein the NCLAT order that upheld the initiation of the Corporate Insolvency Resolution Process (CIRP) against the company was challenged. The case focused on whether a debt restructuring proposal could shift the date of default to fall within the protected window of Section 10A of the Insolvency and Bankruptcy Code (IBC), which suspended insolvency filings during the COVID-19 pandemic. The dispute arose after REC Ltd. (the financial creditor) filed a Section 7 application following the Corporate Debtor’s default on loans of Rs. 21,83,19,16,896. The Appellant argued that two restructuring proposals from 2020 had renewed the original loan agreement, moving the repayment start date into the Section 10A period (25th March, 2020, to 24th March, 2021). However, the Hon’ble Court found that these proposals never became binding because the Corporate Debtor failed to meet vital pre-implementation conditions, such as obtaining a favorable tariff order, creating a DSRA, demonstrating the power plant’s continuous operation and making available of the priority debt and working capital. The three-Judge Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi, clarified that the commercial wisdom of the CoC is non-justiciable. Despite the Appellant submitting five separate settlement proposals, the CoC repeatedly rejected them in favor of a resolution plan... --- > NCLT Ahmedabad approves the merger of Sanghi Industries with Ambuja Cements under the Companies Act, marking a key consolidation move within the Adani Group’s cement business. - Published: 2026-03-05 - Modified: 2026-03-05 - URL: https://www.maheshwariandco.com/press-releases/nclt-approves-sanghi-industries-ambuja-cements-merger/ Date of Order: 9 February 2026 Authority: National Company Law Tribunal (NCLT), Ahmedabad Bench Parties: Sanghi Industries Limited – Transferor company Ambuja Cements Limited – Transferee company, part of the Adani Group As of February 2026, the merger between Sanghi Industries Limited and Ambuja Cements Limited has been formally approved by the National Company Law Tribunal (NCLT), Ahmedabad Bench. The Tribunal sanctioned the scheme of arrangement under the Companies Act, 2013 after examining whether the proposal complied with statutory requirements and adequately protected the interests of shareholders and creditors. With the approval now granted, Sanghi Industries will be merged into Ambuja Cements, and its shareholders will receive shares in Ambuja as per the approved exchange ratio. The appointed date of the merger remains 1 April 2024, meaning the financial and operational integration is treated as effective from that date. At present, the merger stands legally approved and is in the implementation phase, which involves procedural compliances such as regulatory filings and operational consolidation. There have been no reported legal challenges or modifications to the order so far, and the transaction is considered part of the broader consolidation strategy within the Adani Group’s cement business. Referrence: --- > The Supreme Court rules that contractual clauses barring interest on delayed payments are binding under the Interest Act, reinforcing the sanctity of public works contracts. - Published: 2026-03-05 - Modified: 2026-03-10 - URL: https://www.maheshwariandco.com/press-releases/sc-denies-interest-on-delayed-payments-in-public-contracts/ Case Name: The Kerala Water Authority & Ors. v. T. I. Raju & Ors. (2026) The Hon'ble Supreme Court underscored a critical question of Law, i. e. , whether, under the Interest Act, 1978, a claim for interest on delayed payments can be sustained when a specific clause in a preliminary agreement expressly prohibits such claims, and whether Section 34 of the Civil Procedure Code (CPC) can override such contractual prohibitions or the exceptions contained in Section 3(3) of the Interest Act. The facts of the case were that the respondent, T. I. Raju, a Government Contractor, entered into a preliminary agreement dated 30. 04. 2013 with the Kerala Water Authority for the construction of a Sewage Treatment Plant. Although the work was completed on 07. 07. 2014, the principal sum due was only released by 02. 03. 2016 following a Writ Petition before the Hon'ble High Court. Subsequently, the respondent filed a suit for recovery of interest at 14% per annum for this period of delayed payment. The trial court decreed the suit, and the Hon'ble High Court, while partly allowing an appeal, modified the decree to an interest rate of 9% per annum. The Hon'ble Supreme Court held that since Clause (5) of the preliminary agreement specifically stated that "No claims or interest for damages whatsoever shall be made for the belated settlement of claims of bill," the parties were bound by these settled terms. The Court observed that the Hon'ble High Court failed to consider the exception... --- > Supreme Court rules degrees from ultra vires university valid, reinstating librarians terminated after their institution was dissolved under an unconstitutional Act. - Published: 2026-03-05 - Modified: 2026-03-05 - URL: https://www.maheshwariandco.com/press-releases/acquisition-of-50-01-equity-share-capital-of-thriveni-pellets-private-limited-by-tata-steel-limited/ Date of Order: 20 January 2026 Authority: Competition Commission of India (CCI) Parties: Tata Steel Limited – Acquirer company Thriveni Pellets Private Limited – Target company (majority stake acquired from Thriveni Earthmovers Private Limited) On 20 January 2026, the Competition Commission of India (CCI), which has statutory jurisdiction under the Competition Act, 2002, granted approval for Tata Steel Limited to acquire 50. 01% of the equity share capital of Thriveni Pellets Private Limited from Thriveni Earthmovers Private Limited. Prior to this, Tata Steel’s board had approved the transaction in December 2025 as part of its strategy to enhance raw material security for its integrated steel operations. The CCI’s clearance meant that the proposed combination did not pose a significant appreciable adverse effect on competition in the relevant market and complied with regulatory thresholds. Following the approval, Tata Steel completed the acquisition on 30 January 2026, formally taking control of the target company and its wholly-owned subsidiary, Brahmani River Pellets Limited, thereby strengthening its supply chain for iron ore pellets. As of now, the acquisition stands fully implemented, and both TPPL and its subsidiary are subsidiaries of Tata Steel, with no public reports of legal challenges to the CCI order. Order Link --- > Supreme Court clarifies the limitation period for executing court decrees under Article 135, ruling time starts from decree date if no performance date is fixed. - Published: 2026-02-27 - Modified: 2026-02-27 - URL: https://www.maheshwariandco.com/press-releases/limitation-period-for-executing-court-decrees/ On 17th February, 2026, the Hon’ble Supreme Court of India gave its judgment in the case of Babu Singh (D) Thr. LRS & Anr. vs. Jalandhar Improvement Trust & Anr. The case was filed as a Special Leave Petition (SLP) challenging an order from the Hon’ble Punjab & Haryana High Court, which had upheld the Learned Executing Court’s dismissal of an execution application. The legal issue was concerning the limitation period for executing a decree of mandatory injunction under Article 135 of the Schedule to the Limitation Act, 1963, particularly when the original decree does not specify a fixed date for performance. The case began with a suit filed by the late Babu Singh against the Jalandhar Improvement Trust over cancelled plot allotments. The Learned Trial Court dismissed the suit, but the Learned First Appellate Court overturned that decision on January 6, 2005, granting a mandatory injunction ordering the Trust to follow certain development orders. However, the decree-holders waited until August 12, 2010, which is more than five years later, to file an execution application to enforce the injunction. The Learned Execution Court dismissed the 2010 application, ruling it was time-barred under Article 135. This article sets a three-year limit to execute a mandatory injunction, starting from the decree date or, if a performance date is fixed, from that date. Since the 2005 decree didn’t specify a performance date, the three-year period started when the decree was passed and had already expired by the time the execution was requested. In... --- > Supreme Court restores pay and recover principle for gratuitous passengers in goods vehicles, ensuring faster compensation without prolonged insurer-owner disputes. - Published: 2026-02-26 - Modified: 2026-02-26 - URL: https://www.maheshwariandco.com/press-releases/pay-and-recover-rule-for-gratuitous-passengers/ Kaminiben & Ors. Vs. The Oriental Insurance Company Limited & Ors. The case is between Kaminiben and The Oriental Insurance Company Limited, embodying a critical question of Law, i. e. , Whether, under the specific facts and circumstances of the case, the High Court was justified in reversing the finding of the Motor Accident Claims Tribunal (Tribunal)? The Tribunal had originally directed the Insurance Company to first pay the amount of compensation to the claimants and thereafter recover the same from the owner of the vehicle. The facts of the case were that the deceased was travelling in a tempo that had been taken on rent for the occasion of the Ganesh Immersion festival to carry an idol to the Narmada River. It was undisputed that the tempo was a goods vehicle insured with the respondent Insurance Company on the date of the accident. On January 11, 2010, the Tribunal held that the claimants were entitled to compensation of Rs. 13,23,000/- (Rupees Thirteen Lakhs Twenty Three Thousand Only), ordering the Insurance Company to deposit the sum and recover it from the owner. However, the Insurance Company preferred an appeal, and the High Court subsequently set aside the Tribunal’s "pay and recover" direction, holding the insurer was not liable to pay the amount first. The Supreme Court held that the dominant purpose for hiring the vehicle was not for travelling, but for carrying the Ganesh idol for immersion. Consequently, the Court determined that travelling in the vehicle was only incidental, therefore,... --- > Supreme Court rules degrees from ultra vires university valid, reinstating librarians terminated after their institution was dissolved under an unconstitutional Act. - Published: 2026-02-26 - Modified: 2026-02-26 - URL: https://www.maheshwariandco.com/press-releases/degrees-from-ultra-vires-university-protected/ Priyanka Kumari and Ors. v. The State of Bihar and Ors. The case is between Priyanka Kumari and The State of Bihar, embodying a critical question of Law, i. e. , whether the termination of services based on degrees obtained from a University established under an Act subsequently declared ultra vires is sustainable, and whether the protection afforded to students currently studying at the time of such declaration can be extended to those who had already passed out. The facts of the case were that the appellants obtained their Bachelor of Library Science degrees in 2004 from the University of Technology and Science, Raipur, which was established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002. In 2005, the Hon'ble Supreme Court in Prof. Yashpal v. State of Chhattisgarh declared the 2002 Act ultra vires, leading to the dissolution of universities established thereunder. In 2010, the appellants were appointed as librarians by the State of Bihar and served for over five years. However, following a PIL and subsequent state action, their services were terminated in 2015 on the ground that their degrees were from an unrecognized institution. The Hon'ble High Court dismissed their challenges, affirming the termination. The Hon'ble Supreme Court held that the appellants should not be deprived of the benefits of their degrees as they were not at fault, having studied in a University established under a then-valid State Act. The Court noted that in the Prof. Yashpal case, directions were specifically issued to protect the interests of students... --- > Delhi High Court sports piracy injunction in JioStar v Crichdbest explains dynamic blocking, broadcast rights, and anti-piracy relief for OTT platforms. - Published: 2026-02-24 - Modified: 2026-02-24 - URL: https://www.maheshwariandco.com/press-releases/jiostar-v-crichdbest-delhi-hc-enforcement-order/ Decided on: 30th January, 2026 Coram: Hon'ble Justice Jyoti Singh Citation: 2026 SCC OnLine Del 429, order dated 30-01-2026 Introduction By granting ex parte interim relief and a dynamic blocking mechanism against rogue streaming platforms, the Delhi High Court has once again stepped in to protect cricket broadcasting rights in the case of JioStar India Pvt. Ltd. v. Crichdbest. com & Ors. For broadcasters and OTT platforms, the order is a clear judicial mandate that live sports piracy will attract rapid injunctions rather than slow, site-by-site skirmishes. Broadcasting rights under Indian law Under the Copyright Act, 1957, the “broadcast reproduction right” vests in every broadcasting organisation in relation to its broadcasts for 25 years from the beginning of the year following the first broadcast. This right allows the broadcaster to restrain unauthorised re-broadcasting, public communication, or making of recordings of the broadcast. Pertinently, limited exceptions, such as private use, reporting of current events and certain educational uses, do not extend to commercial, public-facing streams of entire matches. In the present case, JioStar India asserted exclusive broadcast and digital media rights for ICC cricket events, including the Under-19 Men’s Cricket World Cup and the ICC Men’s T20 World Cup, acquired under licensing arrangements with ICC and related entities. The value of these rights is driven by subscription revenue, advertising and sponsorship, all of which depend on the exclusivity of live streaming. Facts of the case JioStar sued a cluster of rogue mobile applications and associated websites, including Crichdbest. com which were... --- > Delhi High Court ruling on patent infringement biosimilar drugs India: Zydus v. E.R. Squibb case balances IP rights with public health & affordable medicines. - Published: 2026-02-09 - Modified: 2026-02-09 - URL: https://www.maheshwariandco.com/press-releases/patent-infringement-biosimilar-drugs-in-india/ Balancing Patent Rights and Public Interest Zydus Lifesciences Limited v. E. R. Squibb and Sons, LLC & Ors. Decided on: 12th January, 2026 Coram: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla Citation: FAO(OS) (COMM) 120/2025 Introduction The division bench at the Delhi High Court has passed a significant ruling, that balances intellectual property rights and public health. The Court has allowed Zydus Lifesciences Limited (“Zydus”) to manufacture, launch and sell its biosimilar cancer therapy branded “ZRC-3276” during the pendency of an ongoing patent infringement suit filed against them by E. R. Squibb and Sons, LLC & Ors. (“E. R. Squibb”). The judgement upholds public interest and gives it utmost importance, stating that access to affordable treatment cannot be overlooked during the pendency of protracted legal proceedings, that are arising out of technical complexities of a case. Facts of the Case As a background, a patent infringement suit was initiated by E. R. Squibb against Zydus. E. R. Squibb holds a Patent Registration for a monoclonal antibody drug, Nivolumab, used in treating lung and head-and-neck cancers. Zydus developed a drug, that it claims is a biosimilar to Nivolumab. A “biosimilar” is a biologic drug that is highly similar to a previously existing and approved drug. While the chemical composition is not an exact copy, there is “clinically meaningful” difference in the safety, purity or effectiveness of the rival drugs This dispute was adjudicated in July 2025, when Zydus was injuncted from manufacturing, selling or otherwise... --- > Supreme Court Bail Without Monetary Deposit clarified in Rakesh Jain vs State, holding that bail must be decided on merits, not compulsory money deposits. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/press-releases/bail-merits-over-monetary-deposits/ On 21st January, 2026, the Hon’ble Supreme Court of India pronounced it judgment in the case of Rakesh Jain vs. State. The matter was an appeal from an order passed by the Hon’ble Delhi High Court on 21st July, 2025, wherein the Hon’ble High Court rejected the appellant’s request for an extension of interim bail. The matter involving FIR No. 200/2019 that was registered with the Economic Offences Wing, regarding the alleged diversion of approximately Rs. 4 crore and 10 lakhs of Government Subsidy, by M/s Pragat Akshay Urja Limited, wherein the appellant was one of the Directors. The appellant was arrested on 12th December, 2019. The time illustrates that the Appellant’s request for interim bail was approved by the Hon’ble High Court on 22nd April, 2020, after the Respondent company deposited Rs. 2,17,92,500 on 26th December, 2019. While allowing interim bail to the Appellant, the Hon’ble High Court also imposed on the Appellant an obligation to deposit with the Court the amount of subsidy still owed by the Appellant. The Hon’ble High Court did not take into account the merits of the Appellant’s main application for bail in refusing to continue the interim bail simply because the Appellant did not comply with the monetary requirement in question. Upon appeal to the Hon’ble Supreme Court, the Appellant argued that the Appellant’s failure to arrange to deposit the remaining amount of the subsidy was not a legal basis for denying bail to the Appellant in light of the fact that the... --- > Limits of NCLT Jurisdiction under Section 60(5)(c) IBC clarified by Supreme Court, restricting insolvency courts from deciding independent title disputes. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/press-releases/limits-of-nclt-jurisdiction-under-ibc/ On 25 January 2024, the Hon’ble Supreme Court of India, exercising its Civil Appellate Jurisdiction, delivered its judgment in Gloster Limited v. Gloster Cables Limited & Ors. , arising out of Civil Appeal No. 2996 of 2024 along with Civil Appeal No. 4493 of 2024. The judgment was pronounced by a Bench of the Hon’ble Supreme Court presided over by Hon’ble Justice K. V. Viswanathan, who authored the opinion of the Court. The Hon’ble Court held that the jurisdiction of the National Company Law Tribunal under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016, though couched in wide terms, is not unbounded and must remain confined to disputes which arise out of or have a direct and proximate nexus with the insolvency resolution process. Justice K. V. Viswanathan observed that the residuary jurisdiction under Section 60(5)(c) cannot be invoked as a general forum for adjudication of all disputes merely because a corporate debtor is undergoing CIRP, and that the provision cannot be stretched to cover matters which exist independently of insolvency. Justice K. V. Viswanathan, speaking for the Court, emphasized that questions of proprietary title, particularly in relation to intellectual property, do not fall within the summary jurisdiction of the Adjudicating Authority unless such determination is inseparably connected with the insolvency resolution of the corporate debtor. The Hon’ble Court observed that where rival claims to ownership pre-exist the commencement of CIRP, the Adjudicating Authority cannot, under the guise of exercising jurisdiction under the IBC, conclusively adjudicate such disputes. The... --- > Supreme Court FIR Quashing Without Hearing Complainant examined, holding High Courts cannot grant indirect relief without hearing the defacto complainant. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-on-fir-quashing-without-hearing/ Practical Solutions Inc. Vs The State of Telangana & Ors. The case is between Practical Solutions Inc. & The State of Telangana & Ors. , embodying a critical question of Law, i. e. , Whether, in a petition for quashing an FIR, the High Court can pass directions to the Investigating Officer without hearing the de-facto complainant and whether such directions indirectly grant relief that should only be considered if a prima facie case for quashing is made out? The fact of the case was that the High Court of Telangana disposed of a petition to quash an FIR (involving sections 316(2), 318(4) r/w 61(2) of BNS) on the very first day without issuing notice to the State or the De-facto Complainant. The High Court had directed the Investigating Officer to follow the procedure under Section 35(3) of the BNSS (formerly Section 41-A Cr. PC) and the guidelines in Arnesh Kumar vs. State of Bihar. The appellant, who is the de-facto complainant, preferred an appeal before the Supreme Court grieving that the High Court should not have entertained or disposed of the petition without giving them an opportunity to be heard. The Supreme Court held that since the petition was for quashing the FIR, the High Court should not have passed directions for procedural compliance under Section 41-A Cr. PC, as this indirectly grants relief that is only appropriate if a prima facie case for quashing is established. In such cases, there may be two requirements: (i) the defacto complainant... --- > State ACB Jurisdiction to Investigate Central Government Employees upheld by Supreme Court, affirming concurrent powers with CBI under the PC Act. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/press-releases/state-acb-jurisdiction-over-central-employees/ Nawal Kishore Meena @ N. K. Meena Vs State of Rajasthan The case is between Nawal Kishore Meena @ N. K. Meena & State of Rajasthan, embodying a critical question of Law, i. e. , Whether the State Anti-Corruption Bureau (ACB) has the jurisdiction to investigate offences under the Prevention of Corruption Act, 1988 against a Central Government employee, or whether such jurisdiction rests exclusively with the Central Bureau of Investigation (CBI)? The fact of the case was that the petitioner, an employee of the Central Government, challenged criminal proceedings initiated by the State Anti-Corruption Bureau of Rajasthan for alleged offences under the Prevention of Corruption Act (PC Act) committed within the State's territorial limits. The High Court of Rajasthan had previously ruled against the petitioner, holding that the State ACB is authorized to register and investigate such cases even if the accused is a Central Government employee. The petitioner preferred an appeal before the Supreme Court, contending that as a Central Government servant, he should be investigated solely by the CBI under the Delhi Special Police Establishment (DSPE) Act, and that the State agency lacked the requisite jurisdiction. The Supreme Court held that the PC Act does not prescribe an exclusive investigative domain for any single agency and that the DSPE Act is merely "permissive or empowering," intended to enable the CBI to investigate without divesting the regular State police of their inherent powers. In such cases, there may be two requirements: (i) the investigating officer must be of... --- > Probation Does Not Obliterate Stigma of Conviction, Supreme Court clarifies, allowing employers to take departmental action despite probation. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/press-releases/probation-does-not-obliterate-conviction-stigma/ The Superintending Engineer Vs The Labour Court Madurai &Ors. The The case is between The Superintending Engineer & The Labour Court Madurai & Ors. , embodying a critical question of Law, i. e. , Whether the release of an employee on probation under the Probation of Offenders Act, 1958, obliterates the stigma of conviction and prevents the employer from taking departmental action such as dismissal from service? The fact of the case was that a workman, absorbed as a Helper in the Electricity Board, was found to have obtained employment using a bogus educational certificate belonging to his brother through impersonation. The High Court of Madras had modified the workman's dismissal to compulsory retirement, primarily because he was granted the benefit of probation in criminal proceedings, observing that the conviction should not act as a disqualification for service. The appellant (Superintending Engineer) preferred an appeal before the Supreme Court, contending that the High Court's view ran contrary to settled law, which maintains that probation only deals with the sentence and does not wash out the underlying guilt or conviction. The Supreme Court held that the release of an offender on probation under Section 3, 4, or 6 of the Probation of Offenders Act does not obliterate the stigma of conviction, as the finding of guilt remains a conclusive proof of misconduct for departmental purposes. In such cases, there may be two requirements: (i) distinguishing between the criminal sentence (which is substituted by probation) and the conviction itself (which remains untouched);... --- > New Registrar of Companies in India announced by MCA from Jan 2026 to speed up filings, reduce MCA-21 backlog, and enable faster approvals. - Published: 2026-02-02 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/press-releases/new-registrar-of-companies-in-india/ From January 1, 2026, the Ministry of Corporate Affairs (MCA) has established three new Regional Directorates in Chandigarh, Navi Mumbai, and Bangalore, and six new Registrars of Companies (RoCs) in Delhi, Mumbai, Kolkata, Noida, Nagpur, and Chandigarh. The purpose of this move is to improve business transactions and hasten corporate filings. Apart from offering regional facilities for dispute resolution, compounding of offenses, and fast approval for "Fast Track Mergers" under Section 233 of the Companies Act, 2013, this extension is also intended to reduce the large backlog that exists in the MCA-21 V3 system. Registrar Link --- > SWAGAT-FI framework for foreign investors simplifies FPI and FVCI registration with single-window access, faster KYC, and 48-hour approvals from June 2026. - Published: 2026-02-02 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/press-releases/swagat-fi-framework-for-foreign-investors/ In January 2026, SEBI introduced the "Single Window Automatic and Generalised Access for Trusted Foreign Investors (SWAGAT-FI)" framework. The SWAGAT-FI framework is designed to streamline access for foreign investors by enabling a unified and automatic registration mechanism across multiple investment routes, thereby reducing procedural complexity. This piece of legislation makes it easier for foreign venture capital investors (FVCIs) and foreign portfolio investors (FPIs) to access the Indian market by providing an automated system for registration and KYC. This is a major overhaul of the existing Indian legislation regarding cross-border investments, as it waives the requirement for multiple filings with different intermediaries, enabling "Trusted Investors" to obtain operational approval within 48 hours. It will be effective from June 1, 2026, the framework is expected to significantly reduce compliance burdens while strengthening India’s capital market ecosystem. SWAGAT-FI registration framework --- > Supreme Court reaffirms presumption of validity of registered sale deed, holding it cannot be treated as a sham based on belated oral claims or conduct. - Published: 2026-02-02 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/press-releases/presumption-of-validity-of-registered-sale-deed/ On 22 January 2026, the Hon’ble Supreme Court of India delivered its judgment in Hemalatha (Deceased) through LRs v. Tukaram (Deceased) through LRs & Ors. . Deciding the matter, a Division Bench comprising Justice Rajesh Bindal and Justice Manmohan, with the judgment authored by Justice Manmohan, reaffirmed that a registered sale deed carries a strong presumption of validity and cannot be casually branded as a sham. The Court observed that registration is a solemn act and not a mere procedural requirement, as it lends credibility, certainty, and legal sanctity to transactions involving immovable property. The case arose from a financial arrangement between the parties, where the respondent had mortgaged his residential house to the appellant to clear his outstanding debts. When the respondent failed to redeem the mortgage despite repeated demands, the parties entered into a registered sale deed dated 12 November 1971, by which the property was sold to the appellant for a consideration of Rs. 10,000. As the respondent was already in possession of the house, a registered rent agreement was executed thereafter, allowing him to continue occupying the premises as a tenant. For nearly fourteen months, the respondent paid rent and openly acknowledged his status as a tenant. It was only after eviction proceedings were initiated in 1975 that the respondent, in 1977, approached the court claiming that the sale deed was never meant to transfer ownership and was merely a mortgage in disguise. The Trial Court examined the documents and the conduct of the parties and... --- > Trans-border trademark reputation in India clarified by the Delhi High Court. Learn key limits, evidence standards, and territorial trademark principles. - Published: 2026-01-28 - Modified: 2026-01-28 - URL: https://www.maheshwariandco.com/press-releases/trans-border-trademark-reputation-in-india-explained/ Decided on: 5th January, 2026 Coram: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla Citation: Sumit Vijay & Anr. vs. Major League Baseball Properties Inc. & Anr Introduction The High Court of Delhi recently reiterated the territorial nature of trademark rights in the case of Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr. , specifically in cases where foreign brands assert trans-bordered trademark rights in India, without actual presence in the Indian market. The trademark dispute revolves around the trademark “BLUE-JAY”, registered in Class 25 for clothing in India in the name of Sumit Vijay & Anr (“Appellant”). The application for this mark was filed in 1998. Thereafter, an opposition was filed by Major League Baseball (“MLB”) claiming prior adoption and use of the identical mark “Toronto Blue Jays” since 1976. However, the opposition stalled and eventually, the mark secured registration in India in 2017. MLB filed a petition under Section 57 of the Trade Marks Act seeking cancellation of the Impugned Trademark “BLUE-JAY”, reiterating their prior rights in the “Toronto Blue Jays” trademark since 1976 and the global goodwill and reputation of their trademark. Pertinently, MLB did not have any valid trademark application and/or registration in India in class 25. While applications were filed in 1983 and 1988 for the said trademark on a “proposed to be used” basis, the same were abandoned subsequently. MLB contented that they own the “Toronto Blue Jays” club and have the right to global... --- > Understand who qualifies as a Significant Data Fiduciary under DPDPA, key compliance duties, DPIA requirements, DPO rules, and penalties in India. - Published: 2026-01-28 - Modified: 2026-01-28 - URL: https://www.maheshwariandco.com/press-releases/significant-data-fiduciary-under-dpdpa-explained/ The Ministry of Electronics and Information Technology (MeitY) is likely to formally categorize "Significant Data Fiduciaries" in 2026, after the announcement of the Digital Personal Data Protection (DPDP) Rules in late 2025. Companies with a substantial number of users (usually between 5 and over 20 million) in areas like e-commerce, social media, and online gaming will have to participate in a "race to readiness. " These companies are now bound by law to perform Data Protection Impact Assessments (DPIAs) on an annual basis, have a Data Protection Officer (DPO) residing in India, and undergo periodic audits. The Data Protection Board of India (DPBI) has the power to temporarily halt data processing operations or levy heavy fines for non-compliance. Read In Detail --- > BRSR Core ESG disclosures are now mandatory under SEBI rules. Learn how value-chain ESG reporting and green supply chain obligations impact companies. - Published: 2026-01-28 - Modified: 2026-01-28 - URL: https://www.maheshwariandco.com/press-releases/brsr-core-esg-disclosures-sebi-rules-explained/ The Securities and Exchange Board of India (SEBI) has moved its Business Responsibility and Sustainability Reporting (BRSR) Core framework from a voluntary stage to a strictly enforced "Assurance" stage, starting from the fiscal year 2025-2026. The focus for 2026 will be on Value-Chain Disclosures, where the top 1,000 listed companies will be asked to submit ESG information about their own business activities as well as those of their key suppliers and customers. As a result, the legal departments of corporations are forced to update their commercial contracts to include "Green Supply Chain Covenants," where worker safety ratios and carbon footprint analysis are made binding obligations rather than just disclosures. Rule Link --- > Sports & Entertainment—IT Business Advisory by Sports Entertainment Law Firm, advising sports, media, and tech businesses on IP, M&A, compliance, and India entry. - Published: 2026-01-19 - Modified: 2026-02-20 - URL: https://www.maheshwariandco.com/practice-areas/sports-and-gaming/sports-entertainment-it-business-advisory/ Home Sports & Entertainment - IT & Business Advisory The Sports Technology/ Analytics market in India is an emerging hub for data analytics and sports driven computer science with 900million cricket participants. 10,000+ cricket academies 50,000+ football clubs. US baseball motion capture/ performance analytics technology is the most adaptive sports technology to migrate into the Indian cricket market: baseball pitcher = cricket bowler, baseball hitter = cricket batsman. Bollywood produces 2x annually the number of Hollywood movies. AI rendering, CGI and VFX applications, virtual production & non-linear editing are examples of Entertainment IT applications just now starting to be adopted across the Indian movie and media markets. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + The convergence of sports, entertainment, and technology has created one of India’s most dynamic and high-growth sectors. The intersection of data analytics, performance technology, digital fan engagement, and entertainment production IT is transforming how sports are played, consumed and commercialized, while Bollywood and digital media are undergoing rapid technological modernization. India’s sports technology market is experiencing exponential growth, with a compound annual growth rate (CAGR) over 20 percent driven by analytics, smart venues, wearable devices, e-sports, and fan engagement platforms. Analytics and statistics are among the fastest-growing segments in this market. Simultaneously, India’s media and entertainment industry is poised to become one of the largest globally by 2028, supported by a diversified content pipeline, burgeoning digital platforms, and the adoption of cutting-edge... --- > Delhi High Court inventive step analysis clarified in the Emitec patent rejection case, reaffirming the mandatory five-step test under Indian patent law. - Published: 2026-01-13 - Modified: 2026-01-13 - URL: https://www.maheshwariandco.com/press-releases/delhi-high-court-inventive-step-analysis-explained/ Decided on: 24th December, 2025 Coram: Justice Manmeet Pritam Singh Arora Citation: (C. A. (COMM. IPD-PAT) 465/2022) Introduction Addressing the patentability criteria under the Indian Patents Act, 1970, the Delhi High Court set aside an order passed by the Indian Patent Office, rejecting the grant of patent to EmitecGesellschaft für Emissionstechnologie mbH (“Emitec”) for their automotive emission control technology. The Court believed that the Patent Office had failed to examine the application in fairness as it had not adhered to the legal test mandatory for assessing the inventive steps in a patent application, i. e. , the “five-step test for inventive step” developed in the F. Hoffmann-La Roche Ltd. v. Cipla Ltde . judgement and consistently followed by Indian courts thereafter. Facts of the Case Emitec, a Germany-based automotive emissions technologies company, had filed a patent application for an invention titled “Tank Assembly and Metering System for a Reducing Agent”. The device, a specialized tank assembly, has been designed to inject a reducing agent into vehicle exhaust systems aiming to reduce harmful emissions. An international application was filed by Emitec in September 2010 and thereafter entered the Indian national phase in 2012. In March, 2022, the Patent Office rejected the application stating in the First Examination Report (“FER”) that the invention lacked inventive step under Section 2(1)(ja) and insufficient disclosure under Section 10, citing prior art documents D1 to D3, therefore, was obvious in light of prior art. The Patent Office concluded that prominent features of the claimed invention were... --- > Overview of the Banking Regulation (Co-operative Societies) Amendment Rules, 2025, covering ineligible directors, new Rule 5-A, and governance changes. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/banking-regulation-amendment-rules-2025-explained/ The Central Government has amended the Banking Regulation (Co-operative Societies) Rules 1966, to strengthen governance in co-operative banks by introducing new definitions, procedures, and revised compliance forms. The amendments insert a statutory definition of “ineligible director” to clearly identify directors who fail to meet prescribed eligibility norms. A new Rule 5-A sets out a structured, rule-based mechanism for determining removal or cessation of directors, including tenure-based grouping and drawing of lots where required. Read Full Amendment --- > SEBI issues a consultation paper to streamline the Master Circular for FPIs and DDPs, consolidating updates since May 2024 into a clearer framework. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/sebi-consultation-on-fpi-ddp-master-circular/ SEBI has issued a draft updated Master Circular for Foreign Portfolio Investors and Designated Depository Participants for public consultation. The draft seeks to consolidate and simplify multiple circulars and clarifications issued over time, integrating updates released since May 2024 into a single, coherent framework. While retaining existing substantive regulatory requirements, the proposal reorganizes and streamlines provisions, removes obsolete transitional instructions, and adopts clearer drafting to improve usability. Read Full Circular --- > India revises the “small company” definition from 1 Dec 2025, raising limits to ₹10 crore paid-up capital and ₹100 crore turnover, easing compliance. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/small-company-thresholds-revised-under-companies-act/ The definition of “small company” under Section 2(85) of the Companies Act, 2013 has been revised with effect from 1 December 2025 to substantially increase the paid-up capital and turnover thresholds, thereby expanding the universe of companies eligible for a lighter compliance regime. The change has been brought in through the Companies (Specification of Definition Details) Amendment Rules, 2025, notified by MCA vide G. S. R. 880(E) dated 1 December 2025, and takes effect from the date of its publication in the Official Gazette. Section 2(85) of the Companies Act, 2013 defines a small company in terms of (a) paid-up share capital and (b) turnover, while expressly excluding public companies, holding and subsidiary companies, Section 8 companies and companies/body corporates governed by any special Act. The Central Government is empowered under Section 469(1)–(2) to prescribe and modify the quantitative parameters of this definition through rules, which is done via Rule 2(1)(t) of the Companies (Specification of Definition Details) Rules, 2014. By substituting clause (t) of Rule 2(1), the revised rule now provides that, for the purposes of sub‑clauses (i) and (ii) of Section 2(85), the paid‑up capital and turnover of a small company shall not exceed ₹10 crore and ₹100 crore respectively. These amended thresholds are operative from 1 December 2025, i. e. , the date of publication of G. S. R. 880(E) in the Official Gazette, and apply prospectively to classification of companies for periods and compliances determined with reference to that date. Prior to this amendment, following the... --- > Supreme Court rules criminal revision filed by an informant does not abate on death; legal heirs or victims may continue proceedings on merits. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/criminal-revision-survives-informants-death-sc/ On December 19, 2025, the Hon’ble Supreme Court in India ruled in Syed Shahnawaz Ali v. State of Madhya Pradesh & Ors. that criminal revision petitions filed by informants continue after an informant's death, and that legal heirs of an informant (or any other victim of the incident) may continue with such petitions. The Supreme Court unanimously reversed the decision of the Madhya Pradesh High Court to dismiss the criminal revision petition on the basis that it had been abated. An application was filed by the father of the appellant for the registration of a FIR against the respondents 2 to 5 under Section 156(3) of the Cr. P. C. The application was allowed, the FIR was registered, an investigation was conducted, and the police submitted their report indicting the accused under Sections 419, 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code. The trial court discharged the accused from all counts except for the Section 420 IPC count, and the father of the appellant filed Criminal Revision No. 1986 of 2020 against the order of discharge. While the revision was pending, the father died on 05. 05. 2021. The appellant was a witness in the police report and attempted to continue with the Criminal Revision, but the High Court declined the request on the grounds that there was no provision for substitution of the deceased and therefore dismissed it. The recall application filed by the appellant was also dismissed. The main issue that needed answering was... --- > Supreme Court defines Aravali Hills and Ranges, adopts MoEF&CC criteria, halts new mining, and sets a uniform framework for Aravali ecosystem protection. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-defines-aravali-hills-and-ranges/ The Hon’ble Supreme Court of India delivered its judgement on 20 November 2025 in the matter of T. N. Godavarman Thirumulpad v. Union of India and Others. In this judgement, the Court elaborated the definition of 'Aravali Hills' and 'Aravali Ranges', emphasised the importance of conserving these ecological areas and provided specific guidelines for doing so in the states of Delhi, Haryana, Gujarat and Rajasthan. The Aravali Range is one of the oldest geological formations on Earth, as well as one of the oldest fold mountains in India, with a wide variety of wildlife, flora and fauna. The Aravali Range significantly impacts climate and biodiversity throughout northern India. Scientific studies have shown that the Aravali ecosystem is a 'green barrier' and 'defensive shield' against desertification and from allowing the eastern movement of the Thar Desert into the Indo-Gangetic Plains, Haryana and western Uttar Pradesh. India ratified the United Nations Convention to Combat Desertification on December 17, 1996. The Convention requires that India take action to strengthen current laws, create new ones where necessary, and to develop and implement long-term policy measures and programmes to combat desertification, with emphasis on preventive measures for those lands which are not degraded or only slightly degraded or degraded. To fulfill these commitments, the Ministry of Environment, Forest and Climate Change launched a National Action Plan on Combating Desertification and Land Degrading in Forestry Interventions (National Action Plan) in 2023 highlighting the need for the synergistic implementation of eco-restoration initiatives. The Ministry launched an "Aravali... --- > Supreme Court clarifies that mutation of revenue records based on will is permissible where the registered will is undisputed, subject to civil court outcomes. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/mutation-of-revenue-records-based-on-will/ On December 19, 2025, the Hon’ble Supreme Court of India delivered a significant judgment titled as Tarachandra v. Bhawarlal & Anr. (Civil Appeal No. 15077 of 2025), wherein the Apex Court clarified the scope of mutation proceedings in revenue records under the Madhya Pradesh Land Revenue Code, 1959. The Hon’ble Supreme Court emphasized that mutation based on a registered will can proceed in cases where no serious dispute is raised by legal heirs regarding the validity of will. The dispute revolved around a land owned by Late Shri Roda alias Rodilal, who passed away on November 6, 2019. Shri Rodilal had executed a registered will on May 1, 2017, bequeathing his lands (including several survey numbers totaling 5. 580 hectares in Mouza Bhopali) to the appellant, Shri Tarachandra. Shri Tarachandra applied for mutation of his name in the revenue records under Section 110 of the Madhya Pradesh Land Revenue Code, 1959. The Tehsildar, after due inquiry, ordered the mutation in the name of the appellant and made it subject to the outcome of any pending civil suit. The first respondent, Shri Bhawarlal filed an appeal before Sub-Divisional Officer and objected to the said mutation by stating that he had claimed possession over one plot (Survey No. 195) that he received through an unregistered sale agreement. Shri Bhawarlal also alleged adverse possession by him over the said plot. Despite this, the Tehsildar's order was upheld by the Ld. Sub-Divisional Officer and the Ld. Additional Commissioner. Shri Bhawarlal then approached the Hon’ble... --- > Supreme Court reiterates limits on pre-cognizance protection, holding that blanket no-arrest orders during FIR challenges unlawfully interfere with investigation. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-on-limits-of-pre-cognizance-protection/ On December 19, 2025, the Hon’ble Supreme Court of India delivered its judgment in the case of State of U. P. & Anr. v. Mohd Arshad Khan & Anr. (2025 INSC 1480). Vide the said judgment, the Hon’ble Court set aside the Allahabad High Court’s directions that had granted interim protection from arrest to the accused and imposed a 90-day timeline for completion of investigation while declining to quash the FIR, holding that such blanket interim orders impermissibly interfere with lawful police investigation and amount to granting anticipatory bail without compliance with Section 438 of the CrPC. The case originated from an FIR registered on May 24, 2025, at Police Station Nai Ki Mandi, District Agra (Case Crime No. 33 of 2025), alleging offences of cheating, forgery of valuable security, using forged documents as genuine, and violations under the Arms Act, 1959. The accusations involved the procurement of multiple arms licenses using forged documents, false affidavits, and altered personal details (such as date of birth) to avail undue benefits, including the import of prohibited arms. One of the accused was a former Arms Clerk implicated in facilitating the irregularities. The accused approached the Allahabad High Court under Article 226 seeking quashing of the FIR and interim protection. The High Court declined to quash the FIR but issued the impugned directions of protection from arrest, relying on its earlier decision in Shobhit Nehra v. State of U. P. (Criminal Misc. Writ Petition No. 7463 of 2024). A two-judge bench comprising Hon’ble... --- > Supreme Court holds arbitrariness in naming Revenue Villages violates Article 14, ruling that executive policy on village naming cannot be ignored by the State. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/arbitrariness-in-naming-revenue-villages-sc/ Bhika Ram and Another v. State of Rajasthan The case concerns Bhika Ram and Another v. State of Rajasthan, raising an important question of law as to whether Revenue Villages can be constituted with names derived from individuals, when such naming is expressly prohibited under State Government policy, and whether disregard of such executive policy amounts to arbitrariness violative of Article 14 of the Constitution. The facts of the case trace back to a notification dated 31 December 2020 issued by the Rajasthan Government under Section 16 of the Rajasthan Land Revenue Act, 1956, whereby several new Revenue Villages were constituted in the district of Barmer, including Amargarh and Sagatsar. The local inhabitants challenged the notification on the ground that the names of these villages were derived from the names of land donors, namely Amarram and Sagat Singh. It was contended that such naming was contrary to a Government Circular issued in 2009, which expressly prohibits naming of villages after any person, religion, caste, or sub-caste. A Single Judge of the Rajasthan High Court accepted the challenge and struck down the notification insofar as it related to the two villages. The Single Judge held that the naming violated the 2009 Circular and permitted the authorities to rename the villages in accordance with law and established precedents. However, this decision was subsequently set aside by a Division Bench of the High Court on technical grounds, without addressing the substantive legal issue involved. Aggrieved by the Division Bench’s order, the villagers preferred... --- > Supreme Court quashes matrimonial criminal proceedings based on vague allegations under Section 498A IPC and the Dowry Prohibition Act, preventing misuse of law. - Published: 2026-01-02 - Modified: 2026-01-02 - URL: https://www.maheshwariandco.com/press-releases/quashing-matrimonial-cases-on-vague-498a-allegations/ The case is between Belide Swagath Kumar v. State of Telangana and Another, raising a significant question of law as to whether vague and omnibus allegations arising out of matrimonial discord can justify continuation of criminal proceedings under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, or whether such proceedings deserve to be quashed at the threshold. The facts of the case were that marital disputes arose between the husband and wife while they were residing in the United States of America. Following these disputes, the wife returned to India along with their minor son and lodged an FIR alleging cruelty and dowry harassment against the husband and his family members. The Telangana High Court, in January 2022, had quashed the proceedings against the family members of the husband but declined to quash the FIR insofar as it concerned the husband, thereby leaving him as the sole accused. Aggrieved by the said order, the husband approached the Supreme Court seeking quashing of the FIR and the consequential criminal proceedings. The Supreme Court quashed the FIR as well as the criminal proceedings arising therefrom. The Court examined the allegations in the FIR and found that they were general and vague in nature. The allegations included claims that the husband sent money to his parents, required the wife to maintain household expense accounts, exercised financial control, and made taunts regarding her postpartum weight. The Court held that such allegations, even if taken... --- > Dakshin trademark dispute Delhi High Court ruling explains jurisdiction limits, acquiescence, dual registration, and why interim injunction was refused. - Published: 2025-12-29 - Modified: 2025-12-29 - URL: https://www.maheshwariandco.com/press-releases/dakshin-trademark-dispute/ Decided on: 4th December 2025 Coram: Justice Amit Bansal Citation: CS (Comm) 119 of 2025 Introduction The Delhi High Court, on 4 December 2025, declined interim relief in ITC Limited & Anr. v. Adyar Gate Hotels Limited, holding that the plaintiffs failed to establish territorial jurisdiction and, in any event, did not make out a case for interim injunction on merits. The decision brings into focus settled principles governing jurisdiction in internet era intellectual property law disputes, the effect of long and continuous use, delay in bringing an action and the limits of inter se rights between registered proprietors. Facts of the Case The “Dakshin” restaurant was conceived and launched in April 1989 at the Welcomgroup Adyar Gate Hotel, Chennai. The hotel property was owned by Adyar Gate Hotels Limited (“AGHL/ Defendant”), which had engaged ITC (“ITC”/ “Plaintiff”) under an Operating Services Agreement for technical, operational, and hospitality services. ITC claimed that it adopted the mark “DAKSHIN” in 1989 for its South Indian cuisine restaurant, first launched at the Welcomgroup Park Sheraton, Chennai. In additional to building substantial goodwill and reputation for its DAKSHIN restaurant across India, including Delhi, ITC obtained statutory rights by way of trademark registrations for the “DAKSHIN” trademarks, claiming prior use of the mark since 1989 and copyright registrations in the artistic logo. On the other hand AGHL claimed that under the Operating Services Agreement, ITC was expressly not a promoter or co-promoter of the hotel and did not invest in the hotel or its restaurants.... --- > Commercial Banks Financial Services Directions 2025 amended by RBI to expand NBFC and HFC coverage, tighten governance norms, lending limits, and compliance timelines. - Published: 2025-12-29 - Modified: 2025-12-29 - URL: https://www.maheshwariandco.com/press-releases/commercial-banks-financial-services-directions-2025/ RBI has amended the Commercial Banks (Undertaking of Financial Services) Directions 2025, to strengthen governance, risk management, and regulatory clarity for banks and their group entities undertaking non-core financial services. The amendments expand coverage to all NBFCs and HFCs within bank groups and extend uniform lending restrictions earlier applicable only to banks. They introduce revised definitions to delineate agency business, referral services, and group entities; reinforce departmentalization and “one business–one entity” principles; and prescribe stricter investment caps and compliance timelines, with phased implementation and specified reporting obligations. Read the Amendment --- > SEBI order against Linde India upheld by SAT clarifies RPT materiality, aggregation of related party transactions, and joint venture arrangements under LODR Regulations. - Published: 2025-12-29 - Modified: 2025-12-29 - URL: https://www.maheshwariandco.com/press-releases/sebi-order-against-linde-india/ SAT has upheld SEBI’s order against Linde India concerning compliance with RPT framework under the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015. The ruling reiterates that materiality of RPTs must be assessed by aggregating all transactions with a single related party during a financial year and affirms SEBI’s view that strategic business and territorial allocations under joint venture arrangements can constitute material RPTs. Read Order --- > Mohammad Talha v M/S Karim Hotels Pvt. Ltd. Delhi High Court trademark infringement judgment on innocent use, acquiescence, and equitable injunctions. - Published: 2025-12-16 - Modified: 2025-12-16 - URL: https://www.maheshwariandco.com/press-releases/mohammad-talha-v-karim-hotels/ Decided on: 6 November 2025 Coram: Justice C. Hari Shankar, Justice Ajay Digpaul Citation: 2025 SCC OnLine Del 8240 Introduction In a significant decision, the Delhi High Court delivered a balanced judgment in the trademark dispute between M/S Karim Hotels Pvt. Ltd. , the owner of the well-known Karim’s restaurant and Mohammad Talha, the proprietor of the Gulshan-e-Karim restaurant based in Moradabad. The judgement lays down an equitable approach, and provides a detailed explanation on the relationship between innocent trademark infringement, statutory rights of registered owners, and equitable considerations in injunctions while accommodating localized use of a trademark. Facts of the Case In December 2020, Karim Hotels Pvt. Ltd. , (“Karim Hotels”) the operator of the famous Karim’s restaurant since 1913 became aware of an eatery in Moradabad operating under the name “Gulshan-e-Karim” by One Mr. Mohammad Talha. Dispute arose in 2022 when Karim Hotels filed a trademark infringement and passing off suit before the Commercial Court at Tis Hazari, Delhi seeking a permanent injunction to restrain the use of “Gulshan-e-Karim” (“Impugned Mark”) basis their use and reputation in the “KARIM” trademark since 1913. Karim Hotels contended that the use of the Impugned Mark would cause confusion among consumers and dilute their hard-earned goodwill and reputation. The Commercial Court ruled in favour of Karim Hotels in January, 2025 and granted an interim injunction - restraining the use of the Impugned Mark as is. Mohammad Talha (“The Appellant”), the owner of the Impugned Mark “Gulshan-e-Karim” challenged the decision in the Delhi... --- > MCA clarifies Section 186 exemptions by expanding the definition of financing industrial enterprises, covering NBFCs and IFSCA-regulated finance companies. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/section-186-exemption-mca-expands-scope/ Ministry of Corporate Affairs – Companies (Meetings of Board and its Powers) Amendment Rules, 2025 The Ministry of Corporate Affairs (MCA) has issued a pivotal amendment through G. S. R. 811(E), redefining the scope of “business of financing industrial enterprises” under Rule 11 of the Companies (Meetings of Board and its Powers) Rules, 2014. This amendment carries significant implications for the applicability of Section 186 of the Companies Act, particularly concerning exemptions granted to lending and financing entities. At the heart of this development lies an intent to remove long-standing ambiguity surrounding which financial institutions qualify for exemption from stringent limits on loans, guarantees, and securities. Under Section 186(11)(a), entities engaged in the “business of financing industrial enterprises” are exempt from these restrictions, but the phrase remained loosely interpreted for years. The amendment brings two major clarifications. First, it recognizes that Non-Banking Financial Companies (NBFCs) registered with the Reserve Bank of India inherently engage in financing activities and, therefore, their ordinary business of providing loans, guarantees, or security falls squarely within the protected category. Second, the rule now expressly includes Finance Companies registered with the International Financial Services Centres Authority (IFSCA), by aligning their permitted activities under the IFSCA (Finance Company) Regulations, 2021 with the statutory exemption. This regulatory move signals a progressive shift toward harmonizing corporate law with financial sector regulations. By clarifying the definition, the MCA has provided long-awaited certainty for NBFCs and IFSCA-regulated entities, easing compliance and supporting efficiency in credit-linked operations. It removes interpretational disputes and... --- > SEBI introduces a streamlined regime for PMS business transfer, enabling quicker approvals, full responsibility transfer, and improved flexibility for portfolio managers. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/sebis-new-framework-for-pms-business-transfer/ The Securities and Exchange Board of India (SEBI) has introduced a new framework enabling registered portfolio managers to transfer Portfolio Management Services (PMS) business between themselves, marking a significant move toward regulatory flexibility and ease of doing business in the PMS space. Earlier, PMS business transfers were largely linked to change in control events such as mergers and acquisitions and involved more rigid approvals and processes. Under the new circular (SEBI/HO/IMD/RAC/CIR/P/2025/0000000138), SEBI now permits: Transfer of entire PMS business or select investment approaches between portfolio managers belonging to the same group, with surrender of registration required if the whole business is transferred. Transfer of PMS business to a portfolio manager outside the group, subject to a joint application by the transferor and transferee and a mandatory full business transfer, with partial transfer of only select strategies not allowed. In all cases, prior SEBI approval is compulsory, and the transfer process must be completed within two months of approval. The transferee must assume all rights, obligations, pending actions, and litigations of the transferor, supported by detailed undertakings and documentation such as business transfer agreements, client lists, and board resolutions. The circular is positioned as an investor-protection oriented reform that also offers operational flexibility. It ensures continuity of service for PMS clients while giving portfolio managers a clear, time-bound process to reorganize, consolidate, or exit PMS operations without triggering change-in-control requirements or NCLT proceedings in every case. Read full framework --- > SEBI introduces new eligibility norms for derivatives on Non-Benchmark Indices to cut concentration risk, boost diversification, and improve market stability. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/sebis-new-rules-for-derivatives-on-non-benchmark-indices/ In a significant regulatory move, SEBI has introduced detailed eligibility norms for derivatives trading on existing Non-Benchmark Indices (NBIs) such as BankNifty, FinNifty, and Bankex. This circular aims to bolster market integrity by reducing concentration risk and improving the diversification of indices underlying derivative products. NBIs have gained prominence as they represent sectoral and thematic segments beyond the traditional benchmark indices like NIFTY 50. However, their previous construction allowed dominant stocks to disproportionately influence the index, making the derivatives market vulnerable to price manipulation and systemic risk. To mitigate these concerns, SEBI’s new norms require each eligible index to have at least 14 constituent stocks, with the weight of the largest stock capped at 20%, and the combined weight of the top three stocks not exceeding 45%. Additionally, the constituent weights must follow a descending order to preserve proportional representation. The circular mandates stock exchanges to implement these eligibility criteria on existing NBIs with derivatives within a stipulated timeframe. For major indices like Bankex and FinNifty, compliance will be achieved in a single tranche. In contrast, changes to BankNifty will occur gradually over four monthly phases, allowing asset managers adequate time for orderly portfolio rebalancing and minimizing market disruption. This measured approach reflects SEBI’s commitment to enhancing transparency and reducing market manipulation risks while supporting the sustainable growth of India’s derivatives ecosystem. By strengthening diversification and capping concentration risks, SEBI aims to create more stable, representative indices that better serve investors and market participants. Full Circular link: --- > MCA offers fee relaxation for FY 2024-25 annual filings with an extended deadline till Dec 31, 2025. No additional fees apply if companies file within the new timeline. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/mca-extends-annual-filing-deadline/ The Ministry of Corporate Affairs (MCA) issued General Circular No. 06/2025 on October 17, 2025, offering significant relief to companies regarding the filing of financial statements and annual returns under the Companies Act, 2013. This move addresses the recent deployment of revised e-Forms (MGT-7, MGT-7A, AOC-4 series including those for NBFC Ind AS), aiming to ease compliance burdens for the financial year 2024-25. Recognizing that companies may need time to adapt to the new MCA-21 Version 3 filing portal and updated forms, MCA has extended the deadline for annual filings up to December 31, 2025. Importantly, companies completing their filings by this date will not be liable to pay any additional fees, providing a crucial window to avoid extra financial penalties amid the transition phase. However, the circular clarifies that this extension does not alter the statutory deadlines for holding Annual General Meetings (AGMs). Companies failing to hold AGMs within prescribed timelines remain subject to legal consequences under the Companies Act. Furthermore, any filings made beyond the December 31 deadline will incur applicable fees, including additional fees, as mandated by the Companies (Registration Offices and Fees) Rules, 2014, from the original due date. This circular is part of MCA’s continuous efforts to facilitate smooth regulatory compliance and reduce procedural friction for companies during periods of system upgrades while maintaining statutory discipline and governance standards. Issued by Dr. Amit Kumar, Deputy Director of Policy, the notification has been circulated to all Regional Directors, Registrars of Companies, and relevant stakeholders for implementation.... --- > MCA’s 2025 amendment expands fast-track merger, widens eligibility, cuts timelines, and reduces costs for unlisted and intra-group companies. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/fast-track-merger-rules-key-2025-mca-update/ Fast-Track Merger Rules Revolution: MCA’s 2025 Amendment The Ministry of Corporate Affairs (“MCA”) Notification G. S. R. 603(E) dated September 4, 2025, marks a significant expansion of the fast-track merger regime under Section 233 of the Companies Act, 2013. This amendment substantially widens the eligibility criteria for streamlined mergers, allowing a broader range of unlisted and intra-group corporate entities to merge via the Regional Director’s fast-track process instead of the National Company Law Tribunal (NCLT) route. By doing so, the MCA aims to expedite low-risk, straightforward amalgamations and decongest NCLT dockets, thereby enhancing transaction predictability and reducing costs for mid-market and unlisted companies. Prior to this amendment, the fast-track merger framework was limited to small companies, wholly-owned subsidiary mergers, start-ups, and specific reverse-flip structures. The 2025 amendment integrates these classes and introduces several new categories. Unlisted companies with aggregate borrowings not exceeding INR 200 crore and no defaults on repayment obligations, certified by an independent auditor, can now merge under the fast-track route. Fellow subsidiaries of the same holding company, provided all are unlisted and meet the borrowing threshold, are newly included, enabling intra-group consolidation without resorting to NCLT petitions. Furthermore, the amendment consolidates foreign holding company mergers into Indian wholly-owned subsidiary structures, commonly known as reverse-flip mergers, within the same rule to eliminate procedural ambiguity. Strategically, the expanded fast-track regime offers substantial benefits. The deemed-approval period of 60 days drastically reduces the timeline by 6 to 12 months compared to conventional tribunal-led mergers, supporting rapid corporate restructuring in dynamic... --- > Delhi High Court protects the right to appeal under PMLA, granting interim relief due to the non-functional Appellate Tribunal and ensuring access to justice. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/delhi-hc-safeguards-appeal-rights-under-pmla/ In Naresh Bansal & Ors. v. Adjudicating Authority & Anr. , the Hon’ble High Court of Delhi addressed a situation arising under the Prevention of Money Laundering Act, 2002 (PMLA), where the petitioners were left remediless due to the non-functioning of the Appellate Tribunal. The Court delivered a significant ruling safeguarding the constitutional right to an effective appeal when executive inaction results in the breakdown of statutory mechanisms. The case arose from proceedings initiated by the Enforcement Directorate (ED), which had provisionally attached certain immovable properties belonging to the petitioners. This attachment was later confirmed by the Adjudicating Authority under PMLA. Aggrieved by this order, the petitioners sought to challenge it before the Appellate Tribunal, as provided under Section 26 of the Act. However, due to long-pending vacancies and absence of an operative bench, the Tribunal remained non-functional for an extended period, leaving the petitioners without an avenue to seek judicial review. Faced with this administrative vacuum, the petitioners approached the High Court, contending that their valuable right to appeal had been rendered illusory. They argued that they could not be compelled to suffer irreversible consequences of a coercive order while the appellate forum contemplated by the statute remained unavailable. They further contended that such a scenario violated Articles 14 and 21 of the Constitution, which guarantee fairness, due process, and access to justice. The Hon’ble Bench examined the larger constitutional implications of the issue. The Court observed that the right to appeal, once conferred by statute, becomes a substantive... --- > SEBI Fifth Amendment LODR updates the materiality framework for RPTs with new turnover-based thresholds to enhance oversight and reduce compliance load. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/sebi-fifth-amendment-lodr-new-rpt-materiality-rules/ SEBI (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2025 The Securities and Exchange Board of India (SEBI), through its Listing Obligations and Disclosure Requirements (Fifth Amendment) Regulations, 2025, has introduced a transformative shift in how material Related Party Transactions (RPTs) are determined and approved. Published on 19th November 2025, this amendment marks a significant recalibration in corporate governance norms, particularly at the intersection of transparency, shareholder protection, and ease of doing business. At the core of the regulatory change lies SEBI’s decision to overhaul the materiality threshold for RPTs by introducing a turnover-based, multi-tiered scale, now codified under Schedule XII. This change arrives after years of industry demand for a more rational, risk-aligned threshold mechanism that accounts for the differing size and operating scales of listed entities. The issue gained prominence as regulators and corporate bodies debated whether the earlier “one-size-fits-all” 10% threshold truly reflected materiality in substance. The amendment introduces a new approach that recognizes the diversity of India’s corporate landscape. By linking materiality thresholds to a company’s annual consolidated turnover, SEBI attempts to strike a balance between robust oversight of large-value transactions and reducing unnecessary compliance burden for high-turnover enterprises. At the same time, the Board has tightened subsidiary-level oversight by mandating Audit Committee approval for all related-party transactions above ₹1 crore, subject to comparison with subsidiary turnover metrics or the newly introduced thresholds. This regulatory shift is not merely procedural—it reflects a larger policy direction. SEBI aims to strengthen RPT governance while preventing shareholders from being... --- > Supreme Court restores LoI in the HP e-PoS tender, ruling the State’s cancellation arbitrary and directing quick completion of contract formalities. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-restores-loi-in-hp-e-pos-tender/ On November 24, 2025, the Honourable Supreme Court of India upheld the Himachal Pradesh High Court’s decision to restore the Letter of Intent (LoI) given to M/s. OASYS Cybernetics Pvt. Ltd. for supplying, installing, and maintaining upgraded electronic Point-of-Sale (e-PoS) devices for the State’s Aadhaar-enabled Public Distribution System. The ruling came in response to the State’s appeal against the High Court order dated May 30, 2024, which had overturned the cancellation of the LoI and directed the State to fulfil its procurement commitments. The disagreement originated from the State’s multi-stage tender process that began in 2021 and 2022 to improve its Public Distribution System using biometric and iris-enabled devices combined with weighing systems. After several rounds of bidding, OASYS Cybernetics won in the fourth round. On September 2, 2022, the Department issued a conditional LoI requiring the company to show technical compliance and complete pre-contract tasks before the agreement could be finalised. In the following months, OASYS fulfilled requirements for device testing, field demonstrations, technical clarifications, and planning for deployment. Correspondence between the parties showed ongoing communication and active encouragement from the State to move forward with the project. However, the Department unexpectedly cancelled the LoI on June 6, 2023, citing vague issues and launching a new tender. The Supreme Court pointed out that the cancellation letter provided no clear reasons and that the company had never been informed of any serious shortcomings. A complaint about an earlier blacklisting, which the State used as a basis for cancellation, was found... --- > Delhi High Court PMLA attachment ruling dismisses challenges to ED’s action in a ₹2,400 crore betting and hawala case. Key findings and legal impact. - Published: 2025-12-03 - Modified: 2025-12-03 - URL: https://www.maheshwariandco.com/press-releases/delhi-high-court-pmla-attachment-ruling-explained/ On November 24, 2025, the Hon’ble High Court of Delhi made an important ruling in Naresh Bansal & Ors. v. Adjudicating Authority & Anr. (W. P. (C) 11361/2015 and connected matters). The court dismissed six writ petitions that challenged the Enforcement Directorate’s Provisional Attachment Orders (PAOs) and related proceedings under the Prevention of Money Laundering Act, 2002 (PMLA). The petitions addressed the attachment of properties linked to a large international cricket betting and hawala operation. This network allegedly used the UK-based portal Betfair. com and generated proceeds of crime exceeding ₹2,469 crores from 2014 to 2015. The ED claimed that the petitioners obtained and distributed illegal "Super Master Login IDs" and facilitated hawala transactions and betting settlements. This included receiving ₹60. 71 crores as part of the illegal proceeds. A Division Bench consisting of Hon’ble Mr. Justice Anil Kshetrapal and Hon’ble Mr. Justice Harish Vaidyanathan Shankar reviewed whether the PAOs, Original Complaints, and Show Cause Notices under Sections 5 and 8 of PMLA were valid. The Court explained that although part of the cause for action arose in Delhi—since some transactions and searches happened there—the petitions could not be maintained. This was due to the availability of an effective legal remedy under PMLA. Citing Whirlpool Corporation v. Registrar of Trademarks, the Bench emphasized that writ courts should not interfere unless there is a clear violation of fundamental rights, natural justice, or jurisdictional error. The Court also warned against the increasing trend of bypassing PMLA's adjudicatory process and approaching the High... --- > MCA extends permission for companies to hold AGMs and EGMs via VC or OAVM beyond 2025, making virtual meetings a standard corporate practice. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/mca-virtual-agm-extension-2025-update/ Ministry of Corporate Affairs - General Circular No. 03/2025 (19 September, 2025) During the pandemic, the MCA allowed AGMs/EGMs via VC for 2020 through General Circular No. 20/2020 (5 May 2020), applying the earlier AGM/EGM framework including e-voting and transmission of financial statements by email, while clarifying that this did not extend the statutory timeline for holding the meetings. The emergency framework led to the omission of prior restrictions on discussing certain important matters via VC/OAVM and established virtual meetings as a standard practice. The Ministry of Corporate Affairs (MCA) has announced that companies can continue holding Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) through Video Conferencing (VC) or Other Audio-Visual Means (OAVM) until further notice. While the 2024 notification had capped virtual meetings until September 30, 2025, the new circular lifts this limitation entirely. The update builds on the emergency measures introduced during the pandemic via General Circular No. 20/2020 (May 5, 2020), which allowed virtual AGMs and EGMs with e-voting and transmission of financial statements by email. Although, the initial measures were temporary and didn’t extend statutory timelines, they laid the foundation for virtual meetings to become standard and permanent feature of corporate governance in India. Read In Detail --- > Explore how the Supreme Court clarified urgency under Section 12A in continuing IP infringement cases, reshaping IP enforcement law in India. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/urgency-under-section-12a-in-ip-infringement/ The case is between Novenco Building and Industry and Xero Energy Engineering Solutions Pvt. Ltd. , embodying a critical question of Law, i. e. , whether a suit alleging continuing infringement of patent and design rights can be said to contemplate urgent relief within the meaning of Section 12A of the Act. The Facts of the case were that Novenco Building and Industry is a Danish company incorporated under the laws of Denmark, and the company is engaged in the manufacture of highly efficient industrial fans, marketed under the Brand ‘Novenco ZerAx’. A dealership agreement was executed between Novenco Building and Industry and Xero Energy Engineering Solutions Pvt. Ltd for marketing and sale of Novenco ZerAx fans across India. However, Xero Energy Engineering Solutions Pvt. Ltd, in violation of the terms of the said Agreement, had incorporated another company named Aeronaut Fans Industry Pvt. Ltd. Hence, a commercial suit was filed against Xero Energy Engineering Solutions Pvt. Ltd and Aeronaut Fans Industry Pvt. Ltd. However, due to continuous breach of an infringement of the Brand ‘Novenco ZerAx’ by them, the Novenco Building and Industry filed an application under Section 151 of the CPC seeking exemption from pre-institution mediation as mandated under Section 12A of the Act. The Hon’ble High Court held that there is a six‑month delay from the date of discovery of infringement till the filing of a commercial suit. Hence, there is no urgency in filing the commercial suit and, as per Section 12A of the Commercial Courts... --- > The Supreme Court restores terminated teachers in Jharkhand, upholding vocational marks and reinforcing natural justice in employment cases. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-restores-terminated-teachers/ On October 9, 2025, the Hon'ble Supreme Court of India gave its order in the case of Ravi Oraon v. The State of Jharkhand & Ors. (2025 INSC 1212) and two related appeals made by Premlal Hembrom and Surendra Munda. By this path-breaking judgment, the Hon'ble Court restored the appellants' services to their positions as Intermediate Trained Teachers, holding that the actions of the State authorities were arbitrary and against natural justice. The three appeals were based on the recruitment drive undertaken by the Jharkhand Government in 2015 for hiring teachers for Classes I to V. The appellants, who belonged to the Scheduled Tribe category, were recruited after passing the selection process but were subsequently dismissed in 2016 on the basis that they had failed to obtain the minimum qualifying marks in their intermediate (Class XII) exams and that their graduation certificates were bogus. The Division Bench of the Jharkhand High Court maintained their dismissal, and hence the current appeal at the Supreme Court. The Hon'ble Supreme Court, where Justice Dipankar Datta and Justice K. V. Viswanathan were present, considered whether marks obtained in vocational subjects could be incorporated while assessing the aggregate percentage of marks achieved in the intermediate examination. The Court also discussed whether the orders of termination, which were passed without serving a new show-cause notice, ran counter to the principles of natural justice. On close examination of the Jharkhand Primary School Teacher Appointment Rules, 2012, the Court held that Rule 21, dealing with the preparation of... --- > The Supreme Court upholds a Magistrate’s power to order voice samples, clarifying that it doesn’t violate Article 20(3) of the Constitution. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-voice-sample-judgment/ On 13th October 2025, the Hon'ble Supreme Court of India gave its judgment in the case of Rahul Agarwal v. The State of West Bengal & Anr. (2025 INSC 1223). The Court, consisting of Hon'ble Chief Justice of India B. R. Gavai and Hon'ble Justice K. Vinod Chandran, held that a Judicial Magistrate can order any individual, including a witness, to give a voice sample for investigative purposes. This ruling confirmed that such a directive is not unconstitutional under Article 20(3) of the Constitution, which safeguards persons from self-incrimination. The case arose out of the death of a 25-year-old married woman on 16 February 2021, following which there were allegations of harassment and counter allegations of embezzlement between her family members and her husband's family members. During the course of investigation, it was claimed that the second respondent, on behalf of the deceased's father as his agent, had intimidated a witness in the case. The Investigating Officer requested the jurisdictional Magistrate to enable him to obtain the voice sample of the respondent for comparison. The Magistrate granted the prayer, but this order was subsequently set aside by the Calcutta High Court, holding that the matter was pending before a Larger Bench of the Supreme Court. Aggrieved appellant, filed an appeal before the hon’ble Supreme Court. The main question before the Court was whether, under the Criminal Procedure Code (Cr. P. C. ), a Magistrate could legally compel an individual to give a voice sample in the absence of a clear... --- > Read the Supreme Court’s 2025 judgment in Karam Singh vs Amarjit Singh, restoring the trial court’s order in a long-standing property dispute. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/karam-singh-vs-amarjit-singh-judgment-2025/ On October 15, 2025, the Hon'ble Supreme Court of India delivered its judgment in Karam Singh vs. Amarjit Singh & Others (Civil Appeal No. arising out of SLP (C) Nos. 3560-3561/2023, 2025 INSC 1238). Hon’ble Justice Manoj Misra and Hon’ble Justice J. B. Pardiwala set aside the Hon’ble Punjab and Haryana High Court's orders dated January 27, 2022 (Civil Revision No. 725/2020) and order dated July 4, 2022 (dismissing Misc. Application No. 7259/2022), and restored the Ld. Trial Court's order dated January 7, 2020, wherein the Ld. Trial Court dismissed the defendant’s application to reject the plaint under Order 7 Rule 11(d) of CPC. The case involves a century long property dispute originating when Ronak Singh alias Ronaki died intestate on October 5, 1924. His widow, Kartar Kaur, and his sisters Chinki and Nikki contested ownership. On March 22, 1935, the civil court held Kartar Kaur's gift to Harchand invalid, declaring her possessing limited rights. On September 11, 1975, the gift was formally set aside, and Kartar Kaur was declared the owner. Consequently, mutation was sanctioned on May 13, 1976. Kartar Kaur died on December 28, 1983, with a will dated December 15, 1976, allegedly executed in defendants' favour. Despite the will, mutation was ordered on April 29, 1984, in favour of Ronak Singh's sisters' legal representatives. This decision was affirmed on April 15, 1985 and litigation finally culminated on July 20, 2017. On May 31, 2019, the appellant instituted Suit No. 424 of 2019 seeking declaration of ownership, possession,... --- > The Supreme Court in Janved Singh case reaffirms accountability in dowry death case, stressing circumstantial evidence and legal scrutiny. - Published: 2025-11-04 - Modified: 2025-11-04 - URL: https://www.maheshwariandco.com/press-releases/dowry-death-case-judgment-2025-janved-singh/ The case of State of Madhya Pradesh v. Janved Singh (2025 INSC 1229) revolves around a pivotal question of law—whether an accused charged with dowry death can be acquitted if the prosecution fails to establish guilt beyond a reasonable doubt, or whether a complete chain of circumstantial evidence indicating the accused’s involvement is sufficient to sustain a conviction. The facts of the case are that Smt. Pushpa was married to Mahesh Singh (Accused No. 2), while Accused No. 1 (Mr Janved Singh) was her father-in-law. On 31. 12. 1997, the victim was found dead in the house, and the father-in-law lodged an FIR stating that the deceased had died due to electrocution while ironing clothes. Thereafter, the investigation commenced. During the course of the trial, the prosecution examined as many as twenty witnesses and produced documentary evidence. Upon perusal of the same, the Ld. Sessions Court, by its judgment dated 11th January 2000, held that the theory of electrocution was wholly fabricated and that Pushpa’s death was homicidal in nature. Consequently, Mahesh Singh (husband) was sentenced to ten years of rigorous imprisonment, and Janved Singh (father-in-law) was sentenced to imprisonment for life. On appeal, the Hon’ble High Court reversed the conviction and set aside the judgment of the Trial Court. The Hon’ble High Court held that the prosecution had failed to establish that the death occurred within seven years of the marriage and observed that the statements of the father and mother of the deceased were recorded after an inordinate... --- > MeitY Online Gaming Rules 2025 — draft sets up OGAI, bans money games and invites stakeholder feedback by Oct 31, 2025. - Published: 2025-11-03 - Modified: 2025-11-03 - URL: https://www.maheshwariandco.com/press-releases/meity-online-gaming-rules/ The Draft Promotion and Regulation of Online Gaming Rules, 2025 (“Draft Rules”) have been framed by the Ministry of Electronics and Information Technology (“MeitY”) under Section 19 of the Promotion and Regulation of Online Gaming Act, 2025, which received Presidential assent and was published in the Gazette of India on 22 August 2025. MeitY is empowered to notify the Rules’ commencement date and to establish the Online Gaming Authority of India (“OGAI”) as a corporate body vested with civil-court powers to oversee the sector’s regulation. The Draft Rules aim to promote legitimate e-sports, to be administered by the Ministry of Youth Affairs and Sports, and online social games, to be administered by the Ministry of Information and Broadcasting, while expressly prohibiting online money games requiring entry fees or deposits with winnings redeemable for cash. A unified digital framework and a new regulator, the Online Gaming Authority of India (OGAI), will oversee the rapid expansion of e-sports and online social games, while imposing a strict ban on exploitative money-based gaming formats. Stakeholders have until 31 October 2025 to submit rule-wise comments. The Draft Rules lay down comprehensive definitions, processes, and enforcement mechanisms. Online games fall into two broad categories: e-sports and social games, which may register voluntarily or mandatorily, and online money games, which are expressly prohibited. Money games are defined by the requirement of entry fees, deposits, or wagers, with winnings redeemable for cash. Legitimate e-sports and social gaming ventures must apply for digital registration and await OGAI’s decision which... --- > Explore MCA’s 2025 amendment expanding fast-track merger rules, easing intra-group mergers and cutting NCLT timelines for unlisted companies. - Published: 2025-10-20 - Modified: 2025-10-20 - URL: https://www.maheshwariandco.com/press-releases/fast-track-merger-rules-2025/ The Ministry of Corporate Affairs (“MCA”) Notification G. S. R. 603(E) dated September 4, 2025, marks a significant expansion of the fast-track merger regime under Section 233 of the Companies Act, 2013. This amendment substantially widens the eligibility criteria for streamlined mergers, allowing a broader range of unlisted and intra-group corporate entities to merge via the Regional Director’s fast-track process instead of the National Company Law Tribunal (NCLT) route. By doing so, the MCA aims to expedite low-risk, straightforward amalgamations and decongest NCLT dockets, thereby enhancing transaction predictability and reducing costs for mid-market and unlisted companies. Prior to this amendment, the fast-track merger framework was limited to small companies, wholly-owned subsidiary mergers, start-ups, and specific reverse-flip structures. The 2025 amendment integrates these classes and introduces several new categories. Unlisted companies with aggregate borrowings not exceeding INR 200 crore and no defaults on repayment obligations, certified by an independent auditor, can now merge under the fast-track route. Fellow subsidiaries of the same holding company, provided all are unlisted and meet the borrowing threshold, are newly included, enabling intra-group consolidation without resorting to NCLT petitions. Furthermore, the amendment consolidates foreign holding company mergers into Indian wholly-owned subsidiary structures, commonly known as reverse-flip mergers, within the same rule to eliminate procedural ambiguity. Strategically, the expanded fast-track regime offers substantial benefits. The deemed-approval period of 60 days drastically reduces the timeline by 6 to 12 months compared to conventional tribunal-led mergers, supporting rapid corporate restructuring in dynamic market environments. Companies stand to gain significant... --- > SEBI reforms RPT norms with scale-based thresholds, easing compliance for large firms while safeguarding minority shareholder rights. - Published: 2025-10-20 - Modified: 2025-10-20 - URL: https://www.maheshwariandco.com/press-releases/sebi-overhauls-related-party-transaction-rules/ Mumbai, August 4, 2025: The Securities and Exchange Board of India (SEBI) issued a landmark consultation paper proposing the most significant reform of Related Party Transaction (RPT) regulations under the Listing Obligations and Disclosure Requirements (LODR) in a decade. The overhaul abandons the existing uniform threshold—₹1,000 crore or 10% of consolidated turnover—for shareholder approval, replacing it with scale-based thresholds calibrated to company size. Under the proposal: Turnover up to ₹20,000 crore: 10% of annual consolidated turnover Turnover ₹20,001–40,000 crore: ₹2,000 crore + 5% of turnover above ₹20,000 crore Turnover above ₹40,000 crore: ₹3,000 crore + 2. 5% of turnover above ₹40,000 crore, capped at ₹5,000 crore SEBI’s analysis indicates this will slash the number of RPTs requiring shareholder votes by approximately 60% for large corporates, alleviating compliance burdens while preserving minority protections via the ₹5,000 crore ceiling. Enhanced subsidiary governance rules propose audit-committee oversight only when subsidiary-level RPTs cross the lower of 10% of subsidiary turnover or the parent’s threshold. The overhaul also introduces: Streamlined omnibus approval provisions to formalize validity periods Relaxed disclosure norms, shifting from extensive “Industry Standards Forum” templates to proportionate information requirements based on transaction value. | Developed by SEBI’s Advisory Committee on LODR, comments were invited through August 25, 2025. The SEBI board endorsed the reforms in principle on September 12, 2025, and the revised RPT Industry Standards took effect on September 1, 2025, superseding prior circulars. Market observers hail the initiative as a balanced approach, fostering ease of business for large entities without compromising... --- > Tata Trust Governance Crisis deepens as govt intervenes amid trustee disputes and RBI listing concerns for Tata Sons’ vast business network. - Published: 2025-10-20 - Modified: 2025-10-20 - URL: https://www.maheshwariandco.com/press-releases/tata-trust-governance-crisis-and-govt-action/ India’s Tata Group, valued at over USD 180 billion, is facing an unprecedented governance crisis within its philanthropic arm, Tata Trusts, prompting swift government intervention. The dispute erupted when four Tata Trust trustees—Darius Khambata, Jehangir HC Jehangir, Pramit Jhaveri, and Mehli Mistry—alleged that Chairman Noel Tata and Tata Sons’ board, led by N. Chandrasekaran, were bypassing established governance protocols in appointing key positions and sharing critical information. Sources say the quartet had formed a de facto “super board,” undermining the authority of Noel Tata and the Tata Sons board. On October 7, Home Minister Amit Shah and Finance Minister Nirmala Sitharaman convened an urgent meeting with Noel Tata, Chandrasekaran, Vice-Chairman Venu Srinivasan, and trustee Darius Khambata at the Minister’s residence. The ministers conveyed that the Trusts’ majority shareholding in Tata Sons carries a “public responsibility” given the conglomerate’s systemic economic significance. They urged “restoring stability by whatever means necessary,” including the potential removal of any trustee whose actions threaten group cohesion. Complicating the backdrop is the Reserve Bank of India’s classification of Tata Sons as an “upper-layer” NBFC requiring a public listing by September 30, 2025. Tata Sons applied for deregistration in March 2024 to defer the mandate, and the RBI has yet to decide, though Governor Sanjay Malhotra affirmed that entities can continue operations until deregistration is finalized. The impasse over listing, combined with the internal trust feud, has raised concerns about the governance of over 400 Tata-affiliated companies, including more than 30 listed entities. Read in detail --- > Delhi High Court grants partial relief to Princeton University in its trademark case in India against Telangana’s Vagdevi Educational Society. - Published: 2025-10-14 - Modified: 2025-10-14 - URL: https://www.maheshwariandco.com/press-releases/princeton-trademark-case-in-india/ Date: September 26, 2025 Citation: 2025 SCC OnLine Del 6296 Bench: Navin Chawla and Renu Bhatnagar, JJ. Introduction In Trustees of Princeton University v. Vagdevi Educational Society, the Delhi High Court ruled in favour of protection of reputed foreign trademarks in India - even without their physical presence within the territory. The Court partly allowed Princeton University’s appeal against the Single Judge’s refusal to grant an injunction restraining a Telangana-based society from using the mark “PRINCETON” for educations services. The Division Bench recognized Princeton University’s prior use, goodwill, and reputation in India but denied a blanket injunction, noting the respondent’s long-standing use of the mark since 1991. However, the Court restrained the respondent from using the mark “PRINCETON” or any deceptively similar name for establishing new institutions during the pendency of the suit. Facts Princeton University (“Princeton/ Princeton University”), a globally renowned Ivy League institution founded in 1746, owns and uses the trademark “PRINCETON” in connection with its educational services and website Princeton. edu. The University claimed extensive goodwill and reputation in India due to its engagement with Indian students over decades. The respondent, Vagdevi Educational Society (“Vagdevi”), runs schools and colleges in Telangana under the name “Princeton”. It claimed to have adopted the name in 1991 as a creative combination of “Prince” and “ton,” referring to a place for education. Vagdeviargued that “Princeton” was a geographical term (Princeton, New Jersey) and hence not exclusively protectable. The Single Judge had dismissed Princeton University’s plea for an injunction, holding that the... --- > Delhi HC ruling on Roche Natco patent case India prioritizes access to medicine over evergreening claims. - Published: 2025-09-27 - Modified: 2025-09-27 - URL: https://www.maheshwariandco.com/press-releases/roche-natco-patent-case-india/ DHC reaffirms "Access to Medicine" to be prioritised and restrains "Evergreening" Decided on: March 24, 2025 Coram: Mini Pushkarna Citation: 2025 SCC OnLine Del 1826 Introduction The Delhi High Court recently delivered a critical judgment highlighting significant developments in India's patent jurisprudence, especially in pharmaceutical patents. This case is concerned with a patent infringement suit over a species patent for a drug calledRISDIPLAM and marketed in India by the brand name of EVRYSDI, which is an approved oral drug for the treatment of SMA (Spinal Muscular Atrophy), a rare and life-threatening neuro-muscular disease. The dispute began when the Roche "plaintiff" sought an interim injunction to prevent patent infringement against the Natco "defendant" for developing and manufacturing a generic version of the medicine. Roche also claimed patent validity till 2035, and an unopposed patent was granted in more than 60 jurisdictions. On the other hand, Natco, the "defendant”, challenged plaintiff's patent validity on multiple grounds under Section 64 of the Patents Act, highlighting obviousness and lack of inventive step in plaintiff's patent claim. In this case, the Court tried to balance the competing interests of rewarding innovations and the right to accessible healthcare. The Court considered Natco’s claims a credible challenge against Roche’s patent and refused any interim relief. Facts of the case The disputed patent suit "IN'397", which is a species patent for RISDIPLAM medicine, used for treating SMA (Spinal Muscular Atrophy), was filed by the plaintiff company "Roche" in 2015. The patent was granted in 2020 with a validity... --- > Supreme Court sets aside Karnataka HC order condoning 3,966-day delay; warns courts against excusing State negligence. - Published: 2025-09-25 - Modified: 2025-09-25 - URL: https://www.maheshwariandco.com/press-releases/sc-rejects-3966-day-delay-raps-state-laxity/ On September 12, 2025, the Hon’ble Supreme Court of India delivered a landmark judgement in the case of Shivamma (Dead) by LRs vs. Karnataka Housing Board & Ors. and through this judgement, the Hon’ble Court set aside the order passed by the Karnataka High Court which had condoned a delay of 3,966 days in filing a second appeal by the Karnataka Housing Board. The Hon’ble Court held that condonation of delay under Section 5 of the Limitation Act, 1963 is not to be granted casually and must be supported by sufficient cause for the entire period of delay. The Division Bench of the Hon’ble Court, comprising Hon’ble Justice J. B. Pardiwala and Hon’ble Justice R. Mahadevan, observed that government litigants cannot be given preferential treatment and must adhere to the same legal standards as private parties. The Hon’ble Court cautioned that constitutional courts should not act as surrogates for State laxity and must remain vigilant against condoning delays on superficial grounds. According to the judgement, a party seeking condonation must explain the entire delay period—from the expiry of limitation until the actual filing date. The Hon’ble Court clarified that it is not the length of delay but the adequacy of the explanation that is relevant. The Court also held that even a strong case on merits is no ground for condoning delay in the absence of sufficient cause. In the present case, the appellant had secured a favourable appellate decree in 2006 in a land dispute involving a partition suit.... --- > SC rules arbitral awards can be executed despite pending S.37 appeal if no stay is granted, ensuring speedy enforcement. - Published: 2025-09-25 - Modified: 2025-09-25 - URL: https://www.maheshwariandco.com/press-releases/enforcement-of-arbitral-awards-amid-pending-appeals/ CHAKARDHARI SUREKA Vs. PREM LATA SUREKA THROUGH SPA & ORS. Dispute between Chakardhari Sureka and Prem Lata Sureka (through SPA), raised a critical question of Law, i. e. , whether the executing Court should defer the proceedings qua execution of the arbitration award only because an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“Act”), is pending against rejection of an application under Section 34 of the Act. The facts of the case were that an objection under Section 34 of the Arbitration Act was preferred against the arbitral award. However, the same was rejected by the court. Thereafter, an appeal under Section 37 of the Act was filed by aggrieved party. However, the court did not pass any order regarding the stay on the implementation and operations of the award. The Hon’ble Supreme Court, after hearing all the parties, held that no interim stay was operating against the award, hence, the execution court cannot adjourn proceedings merely because an appeal is pending against the order passed under S. 34 of the Act. Furthermore, the Hon’be Court also held that the Executing Court shall be free to proceed with the execution of the award in accordance with the law. The significance of this case lies in clarifying the scope of powers of the Execution Court under the Arbitration and Conciliation Act, 1996, while upholding the rule of law and judicial efficiency. The judgment provides legal certainty that the pendency of an appeal under S. 37, in the... --- > Supreme Court says retired judges refuse tribunal appointments due to poor facilities, blaming the Centre and urging urgent reforms. - Published: 2025-09-23 - Modified: 2025-09-24 - URL: https://www.maheshwariandco.com/press-releases/retired-judges-refuse-tribunal-posts-sc/ On September 16, 2025, the Supreme Court of India expressed concern over the increasing reluctance of retired High Court Judges to accept appointments as members of Tribunals, especially in the National Green Tribunal (NGT). A bench comprising Justice B. V. Nagarathna and Justice R. Mahadevan noted that the unwillingness largely stems from inadequate facilities and infrastructure provided by the Union Government. The Union informed the Court that two retired Judges had recently declined appointments, forcing the selection process to restart, thereby causing further delays. The bench disapproved of such refusals but acknowledged that the lack of basic amenities was a genuine deterrent. Justice Nagarathna emphasized that retired Chief Justices and Judges, when appointed to Tribunals, are often deprived of essential facilities such as housing, stationery, official vehicles, and adequate office infrastructure. In some cases, Tribunal Chairpersons receive old, poorly maintained cars or have to request basic supplies, which the Court described as humiliating. The bench underlined that Tribunals were created by Parliament to handle specialized matters, but their effectiveness has been undermined by poor management and insufficient resources. Justice Nagarathna observed that if proper dignity and facilities could not be ensured, then Tribunals should be abolished altogether and their matters returned to High Courts. She also pointed out that several States had already abolished Administrative Tribunals after finding them ineffective. Justice Mahadevan highlighted a recent judgment by a bench of Justice Pardiwala and Justice Mahadevan, which directed the Union to upgrade facilities in National Company Law Tribunals (NCLTs). Building on... --- > supreme court in rajul manoj shah vs kiranbhai shakrabhai patel clarifies counter-claim rules under order viii rule 6a cpc. - Published: 2025-09-23 - Modified: 2025-09-24 - URL: https://www.maheshwariandco.com/press-releases/rajul-manoj-shah-vs-kiranbhai-shakrabhai-patel-case/ The case is between Rajul Manoj Shah @ Rajeshwari Rasiklal Sheth, and Kiranbhai Shakrabhai Patel, embodying a critical question of Law, i. e. , whether counterclaims can be filed by the Defendant against the Co-Defendant? The facts of the case were that a bungalow in a cooperative housing society situated near Stadium Char Rasta in Ahmedabad belongs to Rajeshwari Rasiklal Sheth’s father, and upon his demise, the said property was owned by her and her brother jointly. However, her brother has sold the said property to a third party, i. e. Defendant No. 2, without any partition of the suit property. Hence, the contention of the Rajeshwari Rasiklal Sheth was that her brother or his successors have no locus standi to sell their share without partition of the property. However, after the death of the brother, the Third party sued them and prayed for the specific performance of the Agreement to sell. The Trial Court rejected this application, holding that it was filed nine years after the suit was instituted and three years after issues were framed, and also because a counter-claim cannot be directed solely against a co-defendant. However, the Gujarat High Court reversed this decision, holding that the cause of action arose only after the Nazir’s appointment and allowed the counter-claim to be taken on record. The Supreme Court set aside the High Court’s order and restored the trial court’s decision. The Court held that under Order VIII Rule 6A CPC explicitly provides that a counter-claim must be... --- > Supreme Court rules that bail applications, including anticipatory bail, must be disposed of within 2 months to uphold personal liberty. - Published: 2025-09-23 - Modified: 2025-09-24 - URL: https://www.maheshwariandco.com/press-releases/sc-sets-2-month-limit-for-bail-applications/ On September 16, 2025, the Hon’ble Supreme Court of India delivered its judgment in the case of Anna Waman Bhalerao v. State of Maharashtra. Through this judgment, the Hon’ble Court mandated that all bail and anticipatory bail applications must be disposed of within a period of two months from the date of filing, holding that such applications cannot be kept pending for years together. The Hon’ble Court observed that prolonged pendency of such matters amounts to a violation of the fundamental right to personal liberty under Article 21 of the Constitution of India. The three-judge bench of the Hon’ble Court comprised Hon’ble Justice J. B. Pardiwala, Hon’ble Justice R. Mahadevan, and Hon’ble Justice Prasanna B. Varale. The present case arose out of anticipatory bail applications filed in the year 2019 by the accused persons in connection with offences punishable under Sections 420, 463, 464, 465, 467, 468, 471, 474 read with Section 34 of the Indian Penal Code. The said applications remained pending before the Hon’ble High Court of Bombay for nearly six years, and were ultimately rejected in 2025. Aggrieved thereby, the petitioners approached the Hon’ble Supreme Court contending that the prolonged pendency of their applications was violative of their rights under Articles 14 and 21 of the Constitution. The Hon’ble Court observed that indefinite pendency of bail and anticipatory bail applications defeats the very object of the remedy and amounts to denial of justice. The Hon’ble Court emphasized that matters involving personal liberty must be given priority, even... --- > MCA updates rules for cross-border mergers, requiring RBI approval and compliance with the Companies Act for foreign holding and Indian subsidiaries. - Published: 2025-09-22 - Modified: 2025-09-22 - URL: https://www.maheshwariandco.com/press-releases/mca-amends-rules-on-cross-border-mergers/ The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 lay down the procedure for mergers, amalgamations, and arrangements involving companies under the Companies Act, 2013. The Ministry of Corporate Affairs (MCA), through its notification dated 9th September 2024, amended the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, with effect from 17th September 2024. These rules govern both domestic and cross-border corporate restructuring, ensuring compliance with Indian law, regulatory approvals, and protection of stakeholders’ interests. A new sub-rule (5) under Rule 25A requires both entities to obtain prior approval from the Reserve Bank of India (RBI) before initiating the process. It further mandates that the Indian transferee company comply with Section 233 of the Companies Act, 2013, and file the application with the Central Government under the same section. The rule also clarifies that the declaration under sub-rule (4) must be furnished at the time of making the application. These changes strengthen regulatory oversight, streamline compliance requirements, and provide greater clarity for cross-border mergers involving foreign holding companies and Indian subsidiaries, ensuring alignment with both RBI regulations and the Companies Act, 2013. Read in detail --- > MCA widens eligibility for fast-track mergers, allowing SMEs and unlisted firms with borrowings under ₹200 crore to use the expedited process. - Published: 2025-09-22 - Modified: 2025-09-22 - URL: https://www.maheshwariandco.com/press-releases/mca-expands-scope-of-fast-track-mergers/ The Ministry of Corporate Affairs (MCA) has amended the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, to broaden the eligibility for fast-track mergers. This change, effective immediately, allows a wider range of companies, particularly small and medium-sized enterprises (SMEs), to utilize the expedited merger process under Section 233 of the Companies Act, 2013. Previously, the fast-track merger facility was limited to specific scenarios, such as mergers between small companies or between a holding company and its wholly-owned subsidiary. The new rules expand this to include unlisted companies with borrowings under ₹200 crore and no repayment defaults. Notably, the relaxed rules do not apply to non-profit entities under Section 8 of the Companies Act. The amendment aims to streamline corporate restructuring processes, facilitating quicker internal reorganisations for eligible companies. This expansion aligns with the government's 2025-26 Budget objectives to ease corporate restructuring norms. By increasing the number of companies eligible for fast-track mergers, the MCA seeks to reduce procedural delays and encourage efficient consolidation within the corporate sector. Read full judgement --- > SEBI IPO reforms 2025 ease public float norms, extend MPS timelines, expand anchor investor access, and simplify foreign investor entry. - Published: 2025-09-22 - Modified: 2025-09-22 - URL: https://www.maheshwariandco.com/press-releases/sebi-ipo-reforms-2025-key-changes-explained/ Introduction In September 2025, the Securities and Exchange Board of India (SEBI) rolled out a sweeping set of reforms to strengthen India’s capital markets and attract global investors. These changes focus on easing requirements for large initial public offerings (IPOs), revising norms on minimum public shareholding, widening the scope of anchor investors, and simplifying the entry process for foreign portfolio investors. Collectively, the reforms are designed to increase liquidity, enhance participation, and make Indian markets more competitive at the global level. Regulatory Background SEBI’s authority flows from the SEBI Act, 1992, which empowers it to regulate and protect investors while fostering market development. IPO and disclosure rules are primarily governed by the Securities Contracts (Regulation) Rules, 1957 (SCRR), the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (ICDR Regulations), and the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR Regulations). Before the 2025 amendments, companies—especially those with very large market capitalisations—faced stricter dilution requirements, limited flexibility in anchor allotments, and relatively shorter compliance timelines for achieving minimum public shareholding. Key Reforms Introduced 1. Reduced Minimum Public Offer/MPO For companies with post-issue market capitalisation above ₹5 lakh crore, the mandatory public float has been halved from 5% to 2. 5%. For issuers between ₹1 trillion and ₹5 trillion, revised thresholds apply (around 2. 75%) alongside fixed floor amounts, ensuring a balance between investor access and promoter dilution. 2. Extended Timelines for Minimum Public Shareholding (MPS) If public shareholding is below 15% at listing, companies now have 5 years to... --- > Finance Bill 2025 amends Section 72A, limiting loss carry-forward to the original 8-year period, curbing tax misuse in mergers and reorganisations. - Published: 2025-09-22 - Modified: 2025-10-06 - URL: https://www.maheshwariandco.com/press-releases/section-72a-amendment-in-finance-bill-2025/ Statutory Background Sections 72A and 72AA of the Income-tax Act, 1961 allow a merged or reorganised company to use the accumulated losses and unabsorbed depreciation of the predecessor, subject to certain conditions. These provisions were originally intended to support genuine business reorganisations and the revival of financially stressed companies. Objective of the Amendment The Finance Bill, 2025, aims to curb the practice of “evergreening” of losses, where companies repeatedly use mergers and reorganisations as a tool to extend the benefit of loss carry-forwards far beyond the intended period. Key Changes Introduced A new sub-section (6B) has been inserted in Section 72A, applicable to all mergers or business reorganisations taking place on or after 1 April 2025. Losses and unabsorbed depreciation of the transferor entity can now be carried forward by the successor only for the balance of the original 8-year period starting from when the loss was first recorded in the books of the original predecessor entity. The phrase original predecessor entity has been defined to mean the company that first incurred the loss in the earliest merger or reorganisation. Effective Date The revised framework will apply from the assessment year 2026-27 onwards, in respect of reorganisations completed on or after 1 April 2025. Position Before the Amendment Earlier, a merged entity could effectively get a fresh 8-year window to utilise losses, even if the predecessor had already exhausted some part of its period. Additionally, in the year of amalgamation, such losses could be set off not only against business... --- > NCLAT Logix case rules Section 7 IBC petition was fraudulent, recalls CIRP admission, and penalises creditor for misuse of insolvency law. - Published: 2025-09-22 - Modified: 2025-09-22 - URL: https://www.maheshwariandco.com/press-releases/nclat-logix-case-on-insolvency-misuse/ Background The Insolvency and Bankruptcy Code, 2016, was to provide a time-bound mechanism for the resolution of insolvent companies, focusing on reviving viable businesses instead of opting for liquidation. However, over the years, concerns have arisen about its misuse, with parties filing collusive or fraudulent petitions to have an unfair advantage. In a recent judgement by NCLAT in case of Logix Group the Principal bench held that insolvency proceedings cannot be used as an instrument of fraud between parties. Facts of the Case Logix Infrastructure Pvt. Ltd. launched the residential project “Blossom County” in Noida (17 towers, 2384 units), scheduled for 2013 but remained incomplete. On 20th October 2020, Logix executed an agreement with Experts Realty Professionals Pvt. Ltd. (Appellant/ Creditor) for a buy-back of 1,37,918 sq. ft. built area. The Appellant infused Rs. 15 Crore between October 2020 – February 2021, with Rs. 12. 88 Crore recorded as payable in minutes dated 15th December 2021. Upon non- payment, Appellant under Section 7 of IBC filed a petition before NCLT (CB (IB) No. 237/2023). NCLT admitted the petition on 14th July 2023 and appointed Mr. Pawan Kumar Goel as IPR. Application under Section 65 of IBC were filed by homebuyers and Respondents No. 2&3 alleging fraudulent and collusive initiation of CIPR, claiming appellant and corporate debtor as “related parties” under section 5(24). Issues Whether the Appellant and Respondent No. 1 (Logix) were “related parties” under Section 5(24) IBC. Whether the Section 7 petition was filed fraudulently and collusively, attracting Section... --- > Supreme Court holds State cannot invoke escheat against a valid Will with probate, reinforcing testamentary succession over intestate claims. - Published: 2025-09-22 - Modified: 2025-09-22 - URL: https://www.maheshwariandco.com/press-releases/supreme-court-escheat-ruling-on-valid-will/ On September 14, 2025, the Hon’ble Supreme Court of India delivered its judgment in State of Rajasthan v. Ajit Singh & Others in SLP (C) Nos. 14721-14723/2024. Through this judgment, the Hon’ble Court held that once a Will has been validly executed and probate has been granted by a competent court, the State cannot claim succession to the estate under the doctrine of escheat. The Hon’ble Court ruled that Section 29 of the Hindu Succession Act, 1956, which deals with escheat, applies only in cases of intestate succession where no heirs exist under the statutory scheme. Testamentary succession, once proved, overrides such claims by the State. The Division Bench comprised Hon’ble Justice B. V. Nagarathna and Hon’ble Justice S. C. Sharma. The case concerned the estate of Raja Bahadur Sardar Singh of Khetri, who executed a Will on October 30, 1985, bequeathing his properties to the Khetri Trust. After his death in 1987, the State of Rajasthan invoked the Rajasthan Escheats Regulation Act, 1956, contending that he had died intestate and without legal heirs. On this basis, the State claimed that the property vested in it by escheat. The Will was challenged but was upheld, and probate was granted in favour of Khetri Trust by the competent court. Dissatisfied, the State sought to contest the probate proceedings, insisting that escheat applied notwithstanding the Will. The matter ultimately reached the Supreme Court for authoritative determination of the State’s claim. The Hon’ble Supreme Court observed that the scheme of the Hindu Succession... --- > Maheshwari & Co., a renewable energy law firm in India, advises solar, wind, and hydro projects on compliance, contracts, financing, and dispute resolution. - Published: 2025-09-20 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/practice-areas/renewable-energy/ Home Renewable Energy MAHESHWARI & CO. stands as a premier law firm in India for renewable energy, offering legal services to wind, hydro and solar energy companies across the country. We provide specialized support throughout the project lifecycle, from project development and regulatory compliance to contract negotiation and financing. From site due diligence, drafting bid documents to negotiating EPC, power purchase agreements, equity structuring, and resolving construction or regulatory disputes, we work with you at every stage to ensure your project meets legal and regulatory goals while contributing to India’s clean energy growth. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Sector-Specific Expertise Solar Energy We assist solar developers, EPCs, and power buyers with land acquisition, rooftop leasing, regulatory approvals, and net metering. Clients often require help with PPA negotiation, REC registration, open access permissions, and disputes with DISCOMs or vendors. We support utility-scale, rooftop, and hybrid solar projects across states, ensuring compliance, bankability, and smooth execution. Wind Energy Wind clients engage us for land lease structuring, turbine supply and O&M agreements, SECI or state bid support, and power evacuation approvals. We help navigate site-specific risks, performance guarantee disputes, and change-in-law protections. Our legal support spans development, acquisition, and long-term operation of wind farms. Services Offered Advisory Services We provide comprehensive advisory services on regulatory compliance, permitting, environmental standards, land use, tax incentives, REC and carbon credits, and grid connection for solar, wind, hydro, and biomass energy... --- - Published: 2025-09-11 - Modified: 2025-09-11 - URL: https://www.maheshwariandco.com/our-team/sachin-sharma/ Home Sachin Sharma Associate Social Connect Linkedin Get In Touch Please feel free to contact us. We will get back to you with 1-2 business days. info@maheshwariandco. com B 7/1, Safdarjung Enclave Extension New Delhi 110029 Connect With Us Professional Profile Sachin Sharma is a practising Advocate and a graduate of Symbiosis Law School, Nagpur, with a strong foundation in corporate, civil, and criminal law. He brings diverse legal experience through internships with Law Firms, Multinational Corporations, and Corporate Legal Departments, with a particular focus on Arbitration, Contracts, Insolvency, Civil, Family and Criminal matters. His expertise extends to legal drafting, research, dispute resolution, and litigation support. Over the course of his professional journey, Sachin has gained practical exposure before District Courts, High Court, and the Supreme Court of India, which has sharpened his skills in advocacy and legal strategy. Alongside practice, he has contributed to the academic field by publishing research papers on International Relations, Cyber Law, and Medical Negligence in reputed journals. Beyond academics and practice, Sachin has actively participated in moot courts, Model UN conferences, workshops, and legal competitions, showcasing his commitment to continuous learning and excellence. His core interests lie in Civil Law, Criminal Law, Corporate Law, Family Law, Arbitration, and regulatory compliance. Sachin is passionate about corporate governance, accountability, and ethical legal practice, aspiring to contribute meaningfully to the legal profession while upholding the highest standards of integrity and fairness. --- - Published: 2025-09-11 - Modified: 2025-09-11 - URL: https://www.maheshwariandco.com/our-team/navya-saxena/ Home Navya Saxena Associate Social Connect Linkedin Get In Touch Please feel free to contact us. We will get back to you with 1-2 business days. info@maheshwariandco. com B 7/1, Safdarjung Enclave Extension New Delhi 110029 Connect With Us Professional Profile Navya brings extensive experience in corporate law. Her practice spans corporate advisory, commercial transactions, and regulatory compliance, with hands-on expertise in transactional structuring, due diligence, and negotiation of complex contracts. She has successfully advised on and drafted a wide range of agreements, including share subscription agreements, shareholders’ agreements, service agreements, commercial contracts, financial security arrangements, technology transfer agreements and employment agreements, ensuring that client objectives are safeguarded with precision and foresight. Navya has also been engaged in cross-border transactions and has contributed to compliance frameworks involving Companies Act, Competition Act, FEMA Regulations, SEBI Regulations, RBI Guidelines, Labour Laws, and Data protection frameworks, making her adept at addressing the legal and regulatory challenges faced by clients. She possesses a strong command of corporate governance issues, employment regulations, and data privacy compliance, ensuring that businesses remain aligned with evolving regulatory requirements. Her work spans a broad spectrum of industries, including FMCG, healthcare, education, insurance, and financial services. In addition, she is actively involved in Intellectual Property Rights, assisting clients with trademark prosecution, opposition, and rectification; patent protection and compliance; and geographical indication filings and renewals. She also supports copyright enforcement and IP due diligence, helping clients leverage their intangible assets for brand growth and market expansion. --- > Supreme Court upholds father’s conviction under POCSO Act for repeated assault on minor daughter; Section 29 presumption applied. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/bhanei-prasad-v-state-of-hp/ Decided on: 4 August 2025 Coram: Justice Aravind Kumar, Justice Sandeep Mehta Citation: 2025 SCC OnLine SC 1636 “It is now well settled that the testimony of a child victim, if found credible and trustworthy, requires no corroboration. ” Facts The present petition is of a child victim, under the age of ten at the time of the incident, who was sexually assaulted by her own father, who was convicted for it(for repeatedly committing aggravated penetrative sexual assault upon his own minor daughter), by the trial as well as the high court, eveluting through oral testimony, corroborating evidence pf her elder sister, forensic and medical records, sentended life imprisonment and fine under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and Section 506 of the Indian Penal Code has been affirmed. Section 29 of this act creates a statutory presumption of guilt, once foundational facts are established. Issues Whether the father’s conviction for repeatedly sexually assaulting his 10-year-old daughter under the POCSO Act and IPC should be interfered with by the Supreme Court. Whether the petitioner deserves interim bail despite two courts already confirming his guilt on clear and reliable evidence. Court Analysis “Such offences deserve nothing but the severest condemnation and deterrent punishment. To pardon such depravity under any guise would be a travesty of justice and a betrayal of the child protection mandate embedded in our constitutional and statutory framework. ” The Court held that such crimes must be strongly condemned... --- > n KKK Hydro Power v. HPSEB, SC upheld Commission’s sole authority on tariff fixation and PPA approval, rejecting claims for higher tariff. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/kkk-hydro-power-v-hpseb/ Decided on: August 29, 2025 Corum: Justice Sanjay Kumar, Justice N. V. Anjaria Citation: 2025 SCC OnLine SC 1847 Supreme Court Reaffirms Commission’s Exclusive Authority Over Tariff Fixation and PPA Approval Facts KKK Hydro Power Limited (Appellant) initially established a 3 MW Baragran Hydro Electric Power Project under an Implementation Agreement (IA) and Power Purchase Agreement (PPA) dated 30. 03. 2000, with a fixed tariff of Rs. 2. 50/- per kWh. The Himachal Pradesh Electricity Regulatory Commission (Commission) was constituted on 30. 12. 2000, and the 3 MW project was commissioned on 05. 08. 2004. The Appellant later sought to augment the project capacity to 4. 90 MW, leading to a supplementary IA on 05. 07. 2007. On 04. 12. 2007, the Commission conditionally approved a draft PPA for the 4. 90 MW capacity, explicitly stating that the tariff and other terms would be subject to the Himachal Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and Cogeneration by Distribution Licensee) Regulations, 2007 (Regulations of 2007). A PPA dated 11. 03. 2008 was subsequently executed, maintaining the Rs. 2. 50/- per kWh tariff but acknowledging its subservience to the Regulations of 2007. Following a tariff redetermination process, the Commission issued orders on 09/10. 02. 2010, enhancing the tariff for small hydel projects to Rs. 2. 95/- per kWh, specifically for PPAs that had stipulated Rs. 2. 87/- per kWh. Despite its PPA having a Rs. 2. 50/- per kWh tariff, the Appellant and HPSEB unilaterally executed a supplementary PPA... --- > Read the Supreme Court ruling in National Insurance Co. Ltd. v. Sunita Devi (2025) refining the pay-and-recover doctrine for cancelled insurance policies. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/national-insurance-co-v-sunita-devi/ Decided on: August 8, 2025 Corum: Justice K. Vinod Chandran, Justice N. V. Anjaria Citation: 2025 SCC OnLine SC 1647 Refining the “Pay and Recover” Doctrine in Cancelled Insurance Policies Facts The case originated from a fatal motor accident that occurred on August 22, 2005, in which one Dheeraj Singh (a 36-year-old computer engineer) died after his motorcycle was hit by a truck. The Motor Accident Claims Tribunal (MACT), Delhi, awarded a total compensation of ₹8,23,000/- to Sunita Devi and other legal heirs of the deceased. The appellant, National Insurance Company Limited (the insurer of the offending vehicle), contested its liability before the MACT and the Delhi High Court, arguing that the insurance policy for the truck had been cancelled prior to the accident due to the dishonour of the premium cheque. The insurer provided evidence that the policy was cancelled on May 4, 2005, and that both the vehicle owner and the Regional Transport Officer (RTO) were duly informed of this cancellation. Despite the policy cancellation being proven, both the MACT and the Delhi High Court directed the insurer to first satisfy the award and then recover the amount from the vehicle owner. During the litigation, 50% of the total compensation, along with interest (₹4,11,500 + interest), had already been deposited by the insurer pursuant to an interim court order (dated July 27, 2007) and was subsequently withdrawn by the claimants. Issues The core issue before the Supreme Court was whether the insurance company could avoid its liability to... --- > Supreme Court rules colour blindness alone can’t justify job termination; directs Telangana RTC to provide alternate job with pay protection. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/colour-blindness-not-valid-ground-for-termination/ Decided on: 1 August 2025 Coram: Justice J. K. Maheshwari and Justice Aravind Kumar Citation: 2025 INSC 920 The Supreme Court affirmed that Colour blindness alone can’t justify blanket job termination, deeming an employee unfit for all roles due to specific medical conditions. Facts In the present case, Joseph, the appellant, was appointed as a driver of the Telangana state transport, and he had passed all the medical requirements; however, during the regular medical tests, he was found to have colour blindness, which led to his retirement from the service, declared unfit for the post of driver. The appellant challenged the finding that he was unfit to work as a driver and, as an alternative, asked for another job if he was declared “medically unfit”. His appeal was rejected, and when he approached the Medical Board of the corporation’s hospital, it confirmed the earlier decision that he was unfit. He then requested alternate employment, but the corporation denied it, stating that the rules do not allow giving other jobs to drivers found to be colour blind, providing some monetary benefits, mentioning that alternate jobs are given only to a possible extent. The appellant then went to the High Court seeking a direction to the respondent corporation to provide him with an alternate employment his disability falls under the category of disablement under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, would be violative section 42 of the aforesaid act and also... --- > Learn how the Supreme Court clarified proprietorship as legal entity, ruling it as only a trade name and not a separate juristic person. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/proprietorship-as-legal-entity/ Decided on: 26 August 2025 Coram: Justice Vikram Nath and Justice Sandeep Mehta Citation: 2025 SCC OnLine SC 1825 The case addressed the question of whether a sole proprietorship can be recognized as a juristic person or is to be regarded solely as a trade name. Facts The property was leased to Aditya Motors (the lessee), a sole proprietorship concern of Pilla Durga Prasad (P. D. Prasad), under a registered lease deed on 31/04/2005. Further, it appeared that without the consent of the owner-appellant, Aditya Motors inducted M/s. Associated Auto Services Pvt. Ltd. After the lease ended, the lessee did not leave, so the owners sued for eviction, naming Aditya Motors (the business name) and others. The suit’s title was changed to name the actual person, Pilla Durga Prasad, instead of just “Aditya Motors”, after it was clarified that he was the sole proprietor. The defendant argued that since Aditya Motors (the trade name) was removed and replaced with the proprietor's name, the suit should be dismissed due to lack of cause of action. The trial court rejected this and said naming the proprietor was enough. The High Court disagreed, saying the concern should have been sued in its trade name. The appellants objected to the said application, stating that Aditya Motors was a proprietorship concern with Pilla Durga Prasad as its sole proprietor and since a proprietorship concern is not a juristic person, it would not make any difference if the proprietor was made a party as representative of Aditya Motors, which... --- > In DPCC v. Lodhi Property Co. Ltd., Supreme Court allows DPCC to seek compensatory damages or bank guarantees under Water and Air Acts. - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://www.maheshwariandco.com/press-releases/dpcc-v-lodhi-property-co-ltd/ Decided on: 4 August 2025 Coram: Justice P. S. Narasimha and Justice Manoj Misra Citation: 2025 SCC OnLine SC 1601 Facts The Delhi Pollution Control Committee (DPCC) appealed a 2012 Delhi High Court ruling that invalidated its practice of demanding fixed “environmental damages” and bank guarantees from builders as pre-conditions for environmental consents. In 2006, following directives from the Union Ministry of Environment, DPCC issued show-cause notices to several large residential and commercial projects that had allegedly started construction without obtaining mandatory “consent to establish” and “consent to operate” under the Water and Air Acts. DPCC asked these projects to pay fixed amounts or furnish bank guarantees to cover potential pollution damage. The builders challenged these notices in 38 writ petitions. A Single-Judge of the Delhi High Court asked two questions; (1) whether large projects (over 20,000 m²) still needed state Board consents even if they had central EIA clearance, and (2) whether DPCC could levy fixed penalties or demand bank guarantees under Sections 33A (Water Act) / 31A (Air Act). While the first question was answered in the affirmative, the second was answered in the negative, saying that a penalty requires explicit statutory authority, which sections 33A/31A did not provide. The judge held that DPCC’s monetary demands had no legal backing and ordered refunds of amounts collected. Two other single-judge benches reached the same conclusion in Bharti Realty Ltd. And again directing refunds. On appeal, a Division Bench of the Delhi High Court (2012) agreed. It held that Sections... --- > Geographical indications law firm in India offering legal services for GI registration, opposition, enforcement, and international protection. - Published: 2025-08-29 - Modified: 2026-01-28 - URL: https://www.maheshwariandco.com/practice-areas/intellectual-property/geographical-indications/ Home Top Patent Attorneys in India Our team of patent lawyers in India provides end-to-end patent services, from filing applications to prosecuting patents. We offer a comprehensive suite of services that cover all aspects, including patentability searches, drafting and filing of provisional and complete patent applications. Our experienced patent attorneys in India offer robust representation in opposition proceedings, infringement litigation and appeals. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Services Offered Drafting and Filing of Patent Applications Our patent lawyers in India prepare patent specifications, ensuring that all technical details are accurately described and claims are strategically crafted to secure the broadest possible protection. We manage the entire filing process, adhering to the procedural requirements of the Indian Patent Office. Patent Prosecution We offer patent prosecution services, handling all communications with the patent office on behalf of our clients. This includes responding to office actions, addressing examiner objections and providing necessary clarifications. Patent Portfolio Management We assist clients in developing and managing their patent portfolios, offering strategic advice on filing new patents, maintaining existing ones and licensing opportunities. Our experienced patent lawyers in India work closely with clients to align their patent strategy with their business goals. Patent Litigation and Dispute Resolution Our team of skilled patent attorneys in India handles patent oppositions, infringement litigation and appeals, protecting client’s intellectual property rights and resolving conflicts efficiently. Our strategic approach and deep understanding ensure favourable outcomes in... --- > Maheshwari & Co. white collar crimes law firm in India handling ED, CBI, SFIO, SEBI cases. Defence in fraud, PMLA, tax and cybercrime. Contact us today. - Published: 2025-08-19 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/practice-areas/white-collar-crimes/ Home White Collar Crimes Maheshwari & Co. is recognized as a leading white collar crime law firm in India, offering comprehensive legal services across the full spectrum of financial and corporate offences. As prominent white collar crime lawyers in India, we advise on matters related to offences including bank fraud, embezzlement, money laundering, cybercrime, bribery, tax evasion, and insider trading under Indian penal and regulatory laws. We assist clients during ED, CBI, SFIO, and SEBI investigations, help with court representation in white collar criminal litigation and enforcement actions across India. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Services Offered Enforcement Directorate (ED) Representation The Enforcement Directorate investigates offences under the Prevention of Money Laundering Act (PMLA) and FEMA. We assist clients with responding to ED summons, protecting assets from provisional attachment, and contesting adjudication proceedings before the PMLA Authority and Appellate Tribunal. PMLA Compliance and Legal Advisory The Prevention of Money Laundering Act imposes strict compliance requirements on reporting entities and individuals. We advise clients on obligations relating to identity verification, transaction reporting, and internal control systems. We also defend clients in proceedings involving alleged proceeds of crime. SFIO Investigation Defence The Serious Fraud Investigation Office is a specialized agency under the Ministry of Corporate Affairs tasked with probing serious financial frauds. We represent companies, directors, and auditors in SFIO investigations, including document review, legal representation, challenge evidence and settlements. CBI Investigation and Defence Strategy We... --- > Bombay High Court rules in favor of Travel Blue Products India Private Limited in a major design infringement dispute with Miniso. - Published: 2025-08-14 - Modified: 2025-08-19 - URL: https://www.maheshwariandco.com/press-releases/travel-blue-products-india-private-limited-case/ Introduction In a striking courtroom face-off, Travel Blue Products India Private Limited & Travel Blue Limited v. Miniso Life Style Private Limited & Miniso Hong Kong Ltd. , the Bombay High Court weighed in on allegations of design infringement and passing off. At the heart of the dispute was Travel Blue’s registered “Tranquility Neck Pillow,” a travel essential with a distinctive look that had been protected under India’s Designs Act since 2016 (with priority from 2015) and remains enforceable until 2030. Travel Blue, a global player in travel accessories, discovered in 2024 that Miniso was selling neck pillows uncannily similar to its own, right down to the colour combination. Upon a prima facie comparison, the Court noted a “striking overall similarity” between the two products and concluded that Miniso’s version was an unmistakable imitation, amounting to misrepresentation. The verdict? A swift interim injunction stopping Miniso from manufacturing or selling the infringing pillows. Key Legal Questions Before the Court The Court tackled three pivotal questions: Could Travel Blue claim a monopoly over the Tranquility Neck Pillow’s design? Was the design registrable, or was it purely dictated by function? Was the design genuinely novel? On all counts, the answers favoured Travel Blue. The Court held that the rival designs were clear imitations. Travel Blue’s design was found to be distinctive and aesthetically appealing, with no utilitarian functionality that could bar registration. Emphasizing Travel Blue’s continuous use of the design for over nine years, the Court also noted Miniso’s mala fide intent in... --- > Calcutta High Court upholds trade dress protection for Exide’s red and white packaging, citing long-standing use and consumer association. - Published: 2025-08-14 - Modified: 2025-08-14 - URL: https://www.maheshwariandco.com/press-releases/trade-dress-protection-in-exide-case/ Exide Industries Limited v Amara Raja Energy and Mobility Limited In a recent decision, the Calcutta High Court dealt with the issue of protectability of colour combinations in the context of trade dress in Exide Industries Ltd. v. Amara Raja Energy and Mobility Ltd. Exide, a long-established player in the battery industry, sought to restrain Amara from using a red and white packaging scheme for its recently rebranded batteries, alleging deceptive similarity with Exide’s longstanding trade dress. Amara argued that the red and white colour scheme was not inherently distinctive and had not acquired secondary meaning - capable of functioning as a source identifier for Exide. It also contended that red was a common industry colour and that no monopoly should be granted over such basic visual elements. Court recognized that colour combinations alone cannot be exclusively owned unless they have attained distinctiveness and secondary meaning. While acknowledging that red and white are widely used in the battery sector, the Court found merit in Exide’s claim on the basis of the overall trade dress - the specific colour combination and overall artistic elements, including the stylized representation of the rival trademarks. The court emphasized on the long-standing use and consumer association with Exide’s red and white packaging. Granting an interim injunction, the Court restrained Amara from using the impugned packaging. This judgment upheld settled legal principle - a colour or colour combination may be protectable only if it has acquired secondary meaning, but such protection does not equate to absolute... --- > Maheshwari & Co. advises on design intellectual property law firm in India, including design registration, protection, and enforcement across industries. - Published: 2025-08-06 - Modified: 2026-01-28 - URL: https://www.maheshwariandco.com/practice-areas/design-intellectual-property/ Home Intellectual Property As an IP law firm, we advice on prosecution and enforcement of intellectual property assets such as patent, trademark and copyrights, innovations, brands and creative works. We have a proven track record in intellectual property litigation, with skilled litigators handling disputes involving patents, trademarks, copyrights, trade secrets and unfair competition. We provide strategic guidance on global IP protection, assisting clients in navigating international regulations and securing IP rights across multiple jurisdictions. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Services Offered Trademark Services We assist clients in structuring and managing their trademark portfolios, conduct thorough clearance searches, guide clients through the trademark registration process, post-registration activities including filing renewal applications and maintaining trademark registrations. Read More Patent Services Our firm supports clients in preparing and filing patent applications as per the Indian Patents Act. We handle all necessary legal formalities, including drafting patent applications, conducting prior art searches, and ensuring compliance with patent registration requirements. Read More Intellectual Property Litigation We specialise in intellectual property litigation, offering skilled representation in patent, trademark and copyright matters. We handle patent prosecution proceedings and represent clients in patent litigation matters. Read More IP Management and Strategy We conduct intellectual property due diligence assessments to evaluate the strength and value of client’s IP portfolios and draft IP licensing agreements and technology transfer agreements to facilitate the lawful use and transfer of intellectual property rights. Design Registration We excel... --- --- ## Posts > SEBI Settlement Regulations 2026 explained for promoters and directors: the new settlement formula, multipliers, fast-track route and 90-day window. - Published: 2026-10-22 - Modified: 2026-10-22 - URL: https://www.maheshwariandco.com/blog/sebi-settlement-regulations-2026-promoters-directors/ - Categories: Regulatory & Compliance - Tags: Consent Order, Corporate Governance, Fast Track Settlement, Independent Directors, Key Managerial Personnel, SEBI Enforcement, SEBI Settlement, SEBI Settlement Regulations 2026, Securities Law, Settlement Amount Formula SEBI notified the Settlement of Administrative and Civil Proceedings Regulations, 2026 on 6 October 2026. They replace the 2018 regulations. Promoters, directors, key managerial personnel, companies and intermediaries facing SEBI proceedings are all affected. The regulations come into force on the day after the 30th day from publication in the Official Gazette. SEBI’s own numbers explain the change. Its Board memorandum for the 24 September 2026 meeting says 1,576 settlement applications were filed in the last three years. Of these, 568 ended in settlement. Another 640 were returned, rejected or withdrawn, which is about 40% of the total. Explore More: Corporate and Commercial Why did SEBI Replace the 2018 Regulations? SEBI looked at cases where a settlement was proposed but not accepted, and a penalty was imposed later. The settlement amounts proposed were on average eight times the penalty finally imposed. The memorandum says this difference defeated the purpose of settlement. The old method also counted wrongful gains twice. A gain could set the base amount, and the same gain then had to be disgorged with interest. The new regulations keep gains out of the base amount and deal with them separately. Commentators had raised similar points. An article in the ICSI’s Chartered Secretary journal (January 2026), by M. S. Sahoo, a former IBBI chairperson, and Sumit Agrawal, says most cases fell into the residuary row of the base amount tables. A gain of ₹1 crore and a gain of ₹1 therefore got the same base amount. The authors also... --- > IP protection for startups in India: audit IP early, secure ownership, file trademarks and provisional patents, and use DPIIT fee rebates. Read the guide. - Published: 2026-10-21 - Modified: 2026-10-21 - URL: https://www.maheshwariandco.com/blog/ip-protection-for-startups-india/ - Categories: Intellectual Property - Tags: DPIIT recognition, Intellectual Property Rights, IP assignment agreement, IP protection for startups, Madrid Protocol, NDA for startups, Patent Filing India, PCT application, provisional patent, Startup India, startup legal compliance, trade secrets India, trademark registration India Introduction Innovation and technology are the driving forces behind modern startups that substantiate this century’s entrepreneurial revolution. However, despite their agility and innovative potential, startups often lack the legal and structural support necessary to safeguard their Intellectual Property (IP). As they navigate limited resources, market uncertainties, and increasing competition, the risk of imitation, infringement, and ownership disputes can pose significant challenges to their growth and sustainability. With a primary focus on product development, market entry, and customer acquisition, startups may overlook the importance of protecting the IP underlying their products, services, brands, and technological innovations. Delaying IP protection can expose them to unauthorised use, loss of competitive advantage, and costly legal disputes. A well-defined IP strategy is therefore essential not only to safeguard innovation but also to enhance business valuation, strengthen investor confidence, and create opportunities for commercialisation and licensing. By identifying, securing, and strategically managing their IP assets at an early stage, startups can protect their innovations, establish a stronger market presence, and support long-term business growth. This blog explores key strategies that startups can adopt to protect their IPand maximise its commercial value. Key Strategies 1. Audit and protect early A startup should list about all brands, code, designs, and know- how which it has created and match each of them to the correct category of rights for their protection. The startup must prioritize this before disclosing or launching their IP to third parties since demos and pitch also destroy their IP novelty. As per the Indian Patent... --- > Unilateral appointment of arbitrator is invalid after CORE II. Learn Section 12(5) rules, key SC rulings and how to challenge a one-sided appointment. - Published: 2026-10-17 - Modified: 2026-10-19 - URL: https://www.maheshwariandco.com/blog/unilateral-appointment-of-arbitrator/ - Categories: Arbitration - Tags: Arbitration and Conciliation Act 1996, Arbitration Law India, Bharat Broadband, CORE II Judgment, Perkins Eastman, Section 12(5), Seventh Schedule, TRF Ltd v Energo Engineering, Unilateral Appointment of Arbitrator Imagine you sign a contract, a dispute erupts, and then you discover that the arbitration clause in the contract lets the other side (usually the dominating party) pick the arbitrator on its own, or it hands you a panel it draws and tells you to choose from that. Doesn’t it feel one-sided? Yes, it does, and the Supreme Court now agrees as well. This article explains why a unilateral appointment of an arbitrator is largely impermissible, how Section 12(5) of the Arbitration & Conciliation Act 1996 (“Act”) rules on the ineligibility of arbitrator function, and what you can do about it. Explore More: Arbitration Law What Section 12(5) of the Act and the Seventh Schedule say Post the 2015 Amendment, the foundation of any challenge lies in Section 12 of the Act. Section 12(5) of the Act says that, whatever the parties may have agreed earlier, a person whose relationship with a party, its counsel or the subject-matter falls within the Seventh Schedule, drawn from the IBA Guidelines on Conflicts of Interest cannot be appointed as an arbitrator. The ineligibility thus operates by force of the law, and any appointment made in defiance of it is void. The Evolution of Court’s Authority As most people, the courts’ worry was that a person who has a stake in the outcome, or who answers to one of the parties, should not be the one choosing who decides the dispute. In order to ensure this is followed, the Hon’ble Court in TRF Ltd.... --- > Civil Drone Bill 2025 explained: universal registration, type certification, mandatory insurance and criminal penalties for drone operators in India. - Published: 2026-10-16 - Modified: 2026-10-19 - URL: https://www.maheshwariandco.com/blog/civil-drone-bill-2025-operators-businesses/ - Categories: Aviation - Tags: Aviation Law, Civil Drone Bill 2025, DGCA, Digital Sky, Drone Bill India, Drone Insurance, Drone Laws India, Drone Registration, Drone Rules 2021, Regulatory Compliance, Type Certification, Unmanned Aircraft Systems On 16 September 2025, the Ministry of Civil Aviation (MoCA) released the draft Civil Drone (Promotion and Regulation) Bill, 2025 (hereafter the “Bill”) which is the most extensive legislative revision in the governance of the unmanned aircraft systems in India to date. The Bill proposes a dedicated statutory framework for civilian drones, replacing the Drone Rules, 2021 and introducing a more comprehensive regime for compliance and enforcement. The civilian drone industry in India has experienced exponential growth in the last decade fuelled by technological advancements, a reduction in hardware costs, and the growing commercial applications across agriculture, logistics, surveillance, and emergency response. This development has led to a strong legal framework which is capable of tackling the airspace management, public safety, national security and industrial promotion at the same time. The unmanned aircraft systems were previously regulated under the Drone Rules, 2021, under the Aircraft Act, 1934 and are now incorporated in the Bharatiya Vayuyan Adhiniyam, 2024. The 2021 Rules marked a positive step above the previous legislative landscape, but they were identified as having a number of key limitations: a disjointed legislative framework, inadequate penal deterrence and an exemption-laden structure poorly adapted to the sector's changing risk profile. The draft Bill aims to do just that, offering a dedicated statutory framework for all civilian unmanned aircraft systems (UAS) with a maximum all up weight of less than or equal to 500Kg. It is said to have twin goals of fostering innovation and industrial development, and ensure safety, security and... --- > India’s IBC moratorium on leased aircraft now ends at two months. Our Cape Town Convention India guide covers the CTC Act, 2026 Rules and lessor steps. - Published: 2026-10-15 - Modified: 2026-10-21 - URL: https://www.maheshwariandco.com/blog/cape-town-convention-india-aircraft-insolvency/ - Categories: Aviation - Tags: Aircraft Insolvency, Aircraft Leasing, Aircraft Lessors, Aviation Law India, Cape Town Convention, CTC Act 2025, CTC Rules 2026, IBC, Insolvency and Bankruptcy Code Introduction Aircraft flown by Indian carriers are mostly leased from foreign lessors. Their pricing is determined by one question. What happens if the airline fails, how quickly can the aircraft be recovered? This position was not settled as per the Indian law. In 2008, India acceded to the Cape Town Convention and its Aircraft Protocol, but the Insolvency and Bankruptcy Code, 2016 (“IBC”) prevented the repossession of the leased aircraft once an airline entered into insolvency. The conflict peaked in the Go First insolvency case in 2023, when lessors could not recover their aircraft for nearly a year despite holding irrevocable de-registration and export request authorisations (“IDERAs”). In view of these developments, Parliament passed the Protection of Interests in Aircraft Objects Act, 2025 (“CTC Act”), and the Central Government notified the Protection of Interests in Aircraft Objects Rules, 2026 (“CTC Rules”) on 30 January 2026. Taken together, they give statutory effect to the Cape Town regime and limit the IBC moratorium over qualifying aircraft at two months. This article examines the earlier position, the key changes and the issues that remain open. Explore More: Civil Aviation What was the Position Before the CTC Act? Under Article XI of the Aircraft Protocol to the Cape Town Convention, India opted for Alternative A which requires the insolvency administrator or debtor to give possession of the aircraft to the creditor by the end of a fixed “waiting period”, unless defaults are cured and future obligations assumed. India declared this period to be two... --- > Understand the Accounting Standards 22 amendment notified by MCA on 10 March 2026: Pillar Two deferred tax exception, Para 32A–32D disclosures and compliance steps. - Published: 2026-10-14 - Modified: 2026-10-15 - URL: https://www.maheshwariandco.com/blog/accounting-standards-22-amendment-pillar-two/ - Categories: Corporate Tax - Tags: Accounting Standards India, AS 22 Amendment, Companies (Accounting Standards) Amendment Rules 2026, Corporate Tax Compliance, Deferred Tax, Financial Reporting, Global Minimum Tax, International Taxation, MCA Notification, Pillar Two, QDMTT, Top-up Tax This paper deals with the Companies (Accounting Standard) Amendment Rules, 2026 issued by the Ministry of Corporate Affairs dated 10 March 2026 which led to changes in Accounting Standard 22 on taxes on income. The changes were due to the OECD's Pillar Two framework, an international plan meant to force big multinational corporations to pay an effective tax rate of at least fifteen percent, no matter where their profits are generated. The amendment first extends the definition of the standard definition of deferred tax, which requires timing differences to recognize deferred tax assets or liabilities, to top-up taxes that are worked out for a consolidated and group-wide basis. Instead of that relief, a series of disclosure obligations are added with a set of stages, with companies having to make a statement that the exception has been applied to them, report on the current tax cost to which they are subject, and disclose a forward-looking and measurable amount of their exposure. The study explains the rationale behind the regulation, examines the relationship between exemption and transparency, identifies stakeholders impacted by the regulation, and provides guidance on the compliance actions that finance and accounting functions should be taking to prepare for reporting requirements ahead of FY 2025-26. The amendment of the Companies (Accounting Standards) Rules, 2026, is integrated into the Creation of International Tax Regime and introduces the term ‘Top-up taxes’. The Companies (Accounting Standards) Amendment Rules, 2026 (Amendment 2026) is a part of the Creation of International Tax Regime, and this... --- > RBI Market Risk Directions 2026 explained: applicability, SSA capital computation, trading book rules, Pillar 3 disclosures and the 1 April 2027 deadline. - Published: 2026-10-13 - Modified: 2026-10-13 - URL: https://www.maheshwariandco.com/blog/rbi-market-risk-directions/ - Categories: Banking & Finance - Tags: Banking Regulation, Basel III, Capital Adequacy, Commercial Banks, Market Risk, Pillar 3 Disclosures, RBI Market Risk Directions 2026, Reserve Bank of India, Simplified Standardized Approach On 21st September 2026, the Reserve Bank of India issued (Commercials Banks – Minimum Capital Requirements for Market Risk) Directions, 2026. The Directions aim to align the market risk guidelines with the revised Basel III framework. The Directions will take effect from 1st April 2027, ensuring sufficient time for banks to accommodate as per the directions so issued. It is significant to note that to ensure smooth implementation, intermediate (transition) scalars have been in effect since April 1, 2024. For the purpose of applicability, these Directions shall apply to all Commercial Banks, including but not limited to banking companies, small finance banks, payment banks, local area banks, and SBI. These Directions prescribe the minimum regulatory capital that commercial banks must maintain against market risk exposures as market risk generally arises from adverse movements in the following: Interest rates Foreign Exchange rates Equity prices Commodity prices Trading book positions The framework is intended to ensure that banks hold sufficient capital to absorb potential losses from market price fluctuations and to strengthen the resilience of the banking system. Further, Chapter II of the framework specifies the distinction between banking book and trading book. Trading book includes all instruments that are classified as “Held for Trading” as per Reserve Bank of India (Commercial Banks – Classification, Valuation, and Operation of Investment Portfolio) Directions, 2025. For example, instruments in the correlation trading portfolio; instruments that would give rise to a net short credit or equity position in the banking book; or instruments resulting from... --- > Project-wise insolvency under the IBC explained: key rulings from Umang Realtech to Supertech and the 2026 amendment that ring-fences real estate projects. - Published: 2026-10-10 - Modified: 2026-10-10 - URL: https://www.maheshwariandco.com/blog/project-wise-insolvency-india/ - Categories: Insolvency & Bankruptcy - Tags: Homebuyers Rights, IBC Amendment 2026, Insolvency and Bankruptcy Code, NCLAT Judgments, Project-Wise CIRP, Project-Wise Insolvency, Real Estate Insolvency, Real Estate Law India, reverse CIRP, Supertech Case, Umang Realtech Ring-Fencing Failure: The Legal and Statutory Evolution of Project-Wise CIRP in Indian Real Estate What Happens When one Troubled Real Estate Project Puts an Entire Developer at Risk? The Insolvency and Bankruptcy Code, 2016 (IBC) was originally built as a monolithic architecture. Its primary mandate was clear: when a company defaults, the entirety of its corporate entity must be pulled into the Corporate Insolvency Resolution Process (CIRP). While this unified entity approach worked seamlessly for manufacturing units or simple corporate structures, its application to the real estate sector triggered catastrophic systemic failures. In real estate, a single developer frequently manages dozens of independent housing projects across varying stages of lifecycle, funding, and construction. Under the traditional monolithic framework, a default in a single project gave institutional financial creditors or even an individual homebuyer subject to meeting the thresholds as set out for homebuyers, the leverage to push the entire parent developer entity into insolvency process. The consequences of this structural flaw were devastating. The admission of a whole corporate Real Estate Entity into CIRP automatically froze all bank accounts, halted construction across every single active site, and trapped thousands of innocent allottees who had purchased units in completely healthy, solvent, and on-time projects. It became glaringly obvious that the real estate sector required a specialized asset-specific approach rather than an enterprise-wide liquidation mechanism. Explore More: Insolvency & Bankruptcy Lawyers in India Judicial Intervention: The Beginning of Project-Wise CIRP To bridge this operational crisis, the Indian judiciary initiated a series of... --- > Director liability under Competition Act explained: Section 48, the due diligence defence, CCI orders and how Section 166 duties shape board compliance. - Published: 2026-10-09 - Modified: 2026-10-09 - URL: https://www.maheshwariandco.com/blog/director-liability-under-competition-act/ - Categories: Regulatory & Compliance - Tags: CCI, Companies Act 2013, Competition Act 2002, Competition Amendment Act 2023, Competition Commission of India, Competition Compliance, Corporate Governance, Director Liability, Directors Duties, Independent Directors, Section 166, Section 48 Introduction In August 2026, the CCI fined two agro-input dealer associations for running a cartel, The case began when Ulink Agritech complained that they had boycotted online agri-input platforms. Four individuals were also held liable. This shows that a company or association cannot absorb the blame of the people running it. For directors, this leaves a question that the Companies Act, 2013 does not clearly address. It says nothing about competition compliance expressly. But the way CCI applies Section 48 means that in practice, directors are expected to look out for competition law breaches. The Companies Act requires directors to act in the company’s best interests, while the Competition Act imposes personal liability for conduct that harms market competition. This blog argues that the duty of care under Section 166(3) should be read to include competition law oversight, and that Section 48 of the Competition Act supports this reading. Explore More: Corporate Law Firm in India Section 48: Personal Liability Section 27 of the Competition Act is the main provision for breaches of Sections 3 and 4, and in practice it falls mainly on the companies involved. For cartels, the penalty can reach up to three times the profit or 10% of turnover for each year the cartel continued, whichever is higher. Section 48 goes a step further and makes the individuals behind a company answerable. Section 48, as amended by the Competition (Amendment) Act, 2023, operates in two ways. Under Section 48(1), any person who was in charge of... --- > Trademark rules in India 2026 explained: e-KYC, the well-known mark SOP, the draft practice manual and how they compare with the pre-2026 framework. - Published: 2026-10-06 - Modified: 2026-10-06 - URL: https://www.maheshwariandco.com/blog/trademark-rules-india-2026/ - Categories: Intellectual Property - Tags: Intellectual Property, IP India, Trade Marks Act 1999, Trade Marks Rules 2017, Trademark Compliance, Trademark e-KYC, Trademark Law, Trademark Law India, trademark registration India, Trademark Rules 2026 Introduction There have been significant developments in the trademark framework in India in 2026. These developments carry significant weightage for all Intellectual Property stakeholders. It is also imperative to understand the difference between amendments to the existing statutory frameworks and Standard Operating Procedures (SOPs), digital-compliance measures, and procedural guidance rolled out recently. Although, the statutory framework governing the trademark ecosystem is still under the Trade Marks Act, 1997 and the Trade Marks Rule, 2017, these developments shall complement the existing framework and provide for improvements in the compliances, digital infrastructure, procedure for registration and transparency in the registration process. Therefore, these developments should be considered supplementary changes rather than transformative changes. Explore More: Intellectual Property law firm india Trademark Framework: Pre-2026 Position and 2026 Developments Prior to these developments the framework was based on the Trade Marks Act 1997 and Trade Marks Rule 2017. The registration process generally involved conducting a trademark search, identifying the relevant class, filing the application, examination by the Trade Marks Registry, responding to objections, publication in the Trade Marks Journal, and, where no successful opposition was filed, final registration of the mark. Although the option of online filing was available at concessional fees for eligible entities. As stated above, these developments were not aimed to change the foundational groundwork of the Trade Marks Act 1997 and Trade Marks Rules 2017, they have placed an increased emphasis on standardising the procedures and digital compliance. The developments have introduced SOP’s and procedural guidelines aimed at standardisations of... --- > Use this startup legal checklist before your next fundraise or hire. Cover founders agreements, IP, POSH, investor due diligence and FEMA rules in India. - Published: 2026-10-01 - Modified: 2026-10-01 - URL: https://www.maheshwariandco.com/blog/startup-legal-checklist-india/ - Categories: Setting Up Business - Tags: employment law for startups, FEMA compliance, founders agreement, intellectual property for startups, investor readiness, legal compliance for startups, POSH compliance, startup due diligence, startup law India, startup legal checklist Every founder knows the thrill and triumph of seeing the first customer, collecting their first payment and first employee, and first investor. But, somewhere amidst the excitement and chaos of building a business, there is something important that is forgotten, ignored, or left for later. That thing is none other than the legal foundation of the startup. While it is understandable that legal formalities may not be the top priority when building a business especially at the beginning legal issues rarely appear in isolation. There is always context around legal problems, and that context is often a significant event for your business. That is why, as you build your startup, it is helpful to ask yourself five important questions regarding your legal foundation before your next big business event. Legal Questions to Ask Yourself Before Your Next Big Business Event You and your co-founders started the business together have you ironed out the details? Is your business actually owning what it claims to own? Your first investor has shown interest in it, are you investor-ready? Your first ten employees can create ten legal challenges for you are you prepared? As you scale, have you evaluated the legal requirements of expansion? Let us elaborate: 1. You and your co-founders started the business together have you ironed out the details? Most startups begin with an idea and a couple of friends who believe in the idea more than anything else. As a startup grows, its various aspects get split between the co-founders,... --- > Know your homebuyer rights under IBC when a builder faces insolvency: claim filing, CoC voting, refund vs possession, and RERA vs NCLT options - Published: 2026-09-30 - Modified: 2026-09-30 - URL: https://www.maheshwariandco.com/blog/homebuyer-rights-under-ibc/ - Categories: Insolvency & Bankruptcy - Tags: builder insolvency, CIRP homebuyers, homebuyer rights under IBC, homebuyers financial creditors, IBC Amendment 2026, NCLT real estate, RERA vs IBC, reverse CIRP, Section 5(8)(f) IBC Investing the hard-earned money in purchasing an apartment is not only about creating a financial asset, rather, at the back of it, the decision is the product of years of savings, EMIs, and long-term planning. And when the homebuyers come across the news about the builder himself filing for insolvency or getting dragged before the National Company Law Tribunal (NCLT), the homebuyers face genuine concern regarding: What happens to the flat they booked? Will they get possession, or will they get their money back and how much of it? This blog examines the legal framework governing builder insolvency and homebuyer rights under the Insolvency and Bankruptcy Code, 2016 ("IBC"), and explains, in practical terms, what options are available once a developer is admitted into the Corporate Insolvency Resolution Process ("CIRP"). Comprehending the Implications of Insolvency for a Property Development Project If a builder (called the "corporate debtor" in the IBC) fails to meet a payment obligation above the specified limit, a financial creditor, an operational creditor, or the company itself can file with the NCLT to start the CIRP. Upon admission, a moratorium under Section 14 of the IBC takes effect. This moratorium halts all ongoing lawsuits, execution processes, and recovery actions aimed at the builder, encompassing cases before consumer forums and, in most situations, RERA authorities. An Interim Resolution Professional ("IRP"), and later a Resolution Professional ("RP"), assumes control of the company's management, while the previous board of directors is suspended. At this moment, purchasers frequently inquire: builders in... --- > Check if your business needs an industrial licence in India under IDRA 1951, which industries are covered, and key compliance after grant. - Published: 2026-09-29 - Modified: 2026-09-29 - URL: https://www.maheshwariandco.com/blog/industrial-licence-in-india/ - Categories: Regulatory & Compliance - Tags: compulsory licensing India, defence industrial licence, DPIIT industrial licence, IDRA 1951, industrial entrepreneur memorandum, industrial licence in India, industrial license Introduction Industrial Licence is an important regulatory approval which allows an entity to commence the manufacturing of products falling within the ambit of notified industries that require the licence. This framework is primarily governed by Section 11 of the Industries (Development and Regulation) Act, 1951 (“IDRA”) and applicable policies and notifications brought in effect by the central government. The objective behind the regulatory requirements in the industrial and manufacturing sector is to address national security, environmental concerns, strategic interests and public safety. Industrial licence is a very important aspect of such regulatory requirements. An industrial licence is required by all the industries that fall within the ambit of the list of industries that require a mandatory industrial licence, the list broadly covers the industries which work in defence and strategic products, hazardous chemicals and other such industries that affect public safety and national security. Importance of Industrial Licence Due to policy changes brought in effect following the economic liberalization, now most of the sectors do not require an industrial licence. However, industries involved in sensitive sectors that directly or indirectly affect national security and public safety still require a mandatory industrial licence. Industrial Licence allows the government to monitor the activities of the entities engaged in the sensitive sectors that might affect the national security and public safety, while allowing supervised growth in such sectors. In addition to the above stated, industrial licence also allows the government to implement broader policy objectives, like balanced regional development, protection of small scale... --- > UAE Class 33 trademark filings are now open for wines and spirits. See how alcohol brands can secure direct protection and review portfolios. - Published: 2026-09-28 - Modified: 2026-09-28 - URL: https://www.maheshwariandco.com/blog/uae-class-33-trademark-alcohol-brands/ - Categories: Intellectual Property - Tags: alcoholic beverage trademark, anti-counterfeiting UAE, Class 33 trademark, GCC trademark, intellectual property UAE, Nice Classification, spirits brand protection, trademark law UAE, UAE Class 33 trademark, UAE Ministry of Economy, UAE trademark registration, wine trademark Introduction For decades, the United Arab Emirates (UAE) presented a unique challenge for global beverage brands seeking to establish and protect their intellectual property rights. As one of the world’s leading hubs for tourism, hospitality and luxury retail, the UAE has long supported a thriving market for premium wines, spirits and other alcoholic beverages. However, its trademark registration framework presented a notable gap: Nice Class 33, which covers alcoholic beverages other than beer, was not available for direct national trademark filings. As a result, brand owners were required to rely on alternative strategies to protect their alcoholic beverage brands, including seeking registration under Class 32, which primarily covers beer and non-alcoholic beverages, or Class 35, which covers retail and related services. While these approaches offered some degree of protection, they did not provide the same direct and comprehensive protection for the underlying alcoholic beverage goods. Explore More: International Trademark Registration Procedures in India This position has now changed. The UAE Ministry of Economy has begun accepting direct national trademark applications under Nice Class 33, marking a significant development in the country’s trademark landscape for the alcoholic beverage industry. The change brings the UAE’s national trademark framework closer to the internationally recognised Nice Classification system and provides brand owners with a more direct avenue for securing trademark protection for wines, spirits, liqueurs, whisky, vodka, gin, rum and other alcoholic beverages. The Nice Classification is an internationally recognised system used to categorise goods and services for trademark registration. Under this system, Class... --- > RBI withdraws FEMA circulars via A.P. (DIR Series) Circular No. 21. See what it means for ECBs, compliance manuals and cross-border deals. - Published: 2026-09-26 - Modified: 2026-09-26 - URL: https://www.maheshwariandco.com/blog/rbi-withdraws-fema-circulars/ - Categories: Banking & Finance - Tags: Banking and Finance Law, cross-border transactions, ECB, External Commercial Borrowings, FDI, FEMA, FEMA compliance, Foreign Exchange Management Act, Money Transfer Service Scheme, RBI Circular, RBI Notification 2026, upee Denominated Bonds Introduction India’s foreign exchange regulatory framework has evolved considerably over the past two decades, keeping pace with the increasing volume and complexity of cross-border transactions. As the regulatory framework has developed, several older circulars have become redundant, been superseded by subsequent regulations, or ceased to have practical relevance. Against this backdrop, the Reserve Bank of India (“RBI”), on 8 September 2026, issued A. P. (DIR Series) Circular No. 21, withdrawing seven earlier circulars issued under the Foreign Exchange Management Act, 1999 (“FEMA”). The measure forms part of RBI’s ongoing initiative to rationalize and streamline the FEMA regulatory framework. While the withdrawal of these circulars does not introduce a new substantive compliance requirement by itself, it is an important development for businesses, authorized persons and legal professionals dealing with cross-border transactions. What has RBI changed? The latest circular withdraws seven such legacy circulars, covering areas including: ECBs denominated in Indian Rupees; the definition of the infrastructure sector for ECB purposes; certain borrowing and lending transactions involving rupee-denominated bonds; import of services, technical know-how and license fees under the earlier ECB framework; the Money Transfer Service Scheme; and Why is this important? At first glance, withdrawal of obsolete circulars may appear to be a housekeeping exercise. However, regulatory clarity is particularly important in the foreign exchange space because businesses frequently rely on a combination of FEMA provisions, RBI directions, regulations, circulars and administrative guidance when structuring cross-border transactions. A fragmented regulatory history can create uncertainty when an organization attempts to determine whether... --- > The EPF wage ceiling is now ₹25,000 under the Code on Social Security, 2020. See what S.O. 5109(E) changes for employers and payroll compliance. - Published: 2026-09-25 - Modified: 2026-09-25 - URL: https://www.maheshwariandco.com/blog/epf-wage-ceiling-25000-code-on-social-security/ - Categories: Labour & Employment - Tags: Code on Social Security 2020, Code on Wages 2019, Employer PF Contribution, Employment Law India, EPF Compliance, EPF Wage Ceiling, HR Compliance, Labour Codes India, Ministry of Labour and Employment, Payroll Compliance, PF Wage Limit, S.O. 5109(E) On 17 September 2026, the Ministry of Labour and Employment notified a revised wage ceiling of INR 25,000 per month for the purposes of Chapter III of the Code on Social Security, 2020. The notification (S. O. 5109(E)) was issued under clause (89) of Section 2 of the Code, and it supersedes the Ministry's earlier notification S. O. 2702(E) dated 29 May 2026 except as regards actions already taken or omitted under that earlier notification. The Legal Basis Section 2(88) of the Code defines "wages" and Section 2(89) empowers the Central Government to prescribe a wage ceiling for specific statutory purposes. Chapter III of the Code deals with Employees' Provident Fund provisions consolidating what was earlier governed separately under the EPF and Miscellaneous Provisions Act, 1952. The wage ceiling under this provision determines the income threshold up to which an employee is statutorily brought within the ambit of mandatory EPF coverage. What Changed New ceiling: INR 25,000/month Supersedes: S. O. 2702(E), dated 29 May 2026 Effective from: 17 September 2026 Savings clause: Actions taken or omitted under the superseded notification before this supersession remain unaffected, a standard safeguard against retrospective disruption of accrued rights and obligations. Why This Matters For employers, a revised wage ceiling directly affects the pool of employees who fall within mandatory PF coverage. Any upward revision expands the number of employees statutorily entitled to PF contributions, which have downstream implications for: Payroll structuring and CTC calculations Contribution obligations (employer and employee share) Compliance audits and onboarding... --- > RERA vs NCLT vs NCDRC: know which forum a home buyer should approach for delay in possession, refund, compensation or insolvency against a builder. - Published: 2026-09-24 - Modified: 2026-09-25 - URL: https://www.maheshwariandco.com/blog/rera-vs-nclt-vs-ncdrc/ - Categories: Real Estate - Tags: Consumer Court, RERA complaint Introduction Real estate in India constitutes a significant area of property law and encompasses transactions and legal rights relating to land and buildings, including their ownership, possession, transfer, development, lease, and use. Now the very first question which pop’s up in the mind of a real estate customer is that where to file their grievances. In India, there are mainly 3 forums which can redress the matters related to the real estate namely (i) Real Estate Regulatory Authority (RERA) (ii) National Consumer Dispute Redressal Commission (NCDRC) (iii) National Company Law Tribunal (NCLT). Real Estate Regulatory Authority (RERA) In 2016, the Parliament passed this act in order to bring accountability, transparency and efficiency in the Indian real estate sector. The enactment of RERA provided a representation to the real estate buyers and also a protection against any kind of fraud, cheating or any kind of malice committed by the developers on the buyers. RERA plays a very pivotal part to meet the country’s housing infrastructure needs and requirements. Earlier, the real estate sector was striving as there was no proper codified law for the real estates. Before RERA, the real estate transaction was mostly governed with a blend of general property laws, contract law, TPA act, Registration Act, Special Relief Act etc. RERA provided a centralized comprehensive framework for regulating the real estate sector. Also, it provided for numerous things which were earlier missing from the preceding laws from which it was earlier governed, like: Mandatory registration of projects under RERA... --- > DPDP Consent Manager rules take effect 13 Nov 2026. See what data fiduciaries must do: API integration, consent records, deadlines and penalties. - Published: 2026-09-23 - Modified: 2026-09-25 - URL: https://www.maheshwariandco.com/blog/dpdp-consent-manager-framework-november-2026/ - Categories: Information Technology - Tags: Consent Management, Consent Manager Framework, Data Fiduciary, Data Principal, Data Privacy Regulation, Data Protection Board of India, Data Protection Law India, DPDP Act 2023, DPDP Compliance, DPDP Consent Manager, DPDP Penalties, DPDP Rules 2025, Personal Data Protection, Privacy Compliance India The Digital Personal Data Protection Act, 2023 (DPDPA), together with the Digital Personal Data Protection Rules, 2025 (DPDP Rules), establishes India's first comprehensive statutory framework governing the collection, processing, storage, and transfer of digital personal data (Ministry of Electronics & Information Technology, 2025). The framework is implemented in three phases: the Consent Manager Framework under Rule 4 becomes operational on 13 November 2026, with full substantive compliance across remaining obligations due by 13 May 2027. The November 2026 deadline constitutes Phase II implementation and is the first operational milestone requiring concrete technical and infrastructural modification by organizations processing personal data. Unlike Phase I, which established institutional infrastructure, Phase II introduces functional intermediary infrastructure that directly affects data processing operations across sectors. Related: Regulatory and Compliance Law Firms 1. Regulatory Context: The DPDPA Implementation Timeline The DPDP Rules implement the DPDPA through a structured three-phase approach, providing organizations an extended implementation period with clear milestones. Phase I (13 November 2025) established institutional infrastructure, including the constitution of the Data Protection Board of India (DPBI). Phase II (13 November 2026) operationalizes the Consent Manager registration framework under Rule 4; the central government is expected to operationalize the framework between June and August 2026, enabling Data Principals to manage, review, or withdraw consent across multiple services through interoperable platforms. Phase III (13 May 2027) activates all substantive obligations, including notice requirements, consent mechanisms, security safeguards, breach notification protocols, and data subject rights mechanisms. November 2026 is expected to mark the end of the... --- > Green hydrogen water rights in India decide bankability. Learn the State approvals, CGWA NOCs, CRZ clearance and lender checks every project needs - Published: 2026-09-22 - Modified: 2026-09-22 - URL: https://www.maheshwariandco.com/blog/green-hydrogen-water-rights-in-india/ - Categories: Energy & Infrastructure - Tags: Energy and Infrastructure Law, ESG Compliance, Green Hydrogen, Green Hydrogen Water Rights, Groundwater Regulation, National Green Hydrogen Mission, Project Finance, Water Law India Every green hydrogen project in India includes budgets for land, renewable power and electrolyser. Yet very few account for cost of water. Water is the one of the critical inputs that is not owned by the developer. Its access depends upon permission from a State government, amid competing claims from farmers and cities. This article explores the regulatory framework that governs water approvals, and its growing importance among lenders and European offtakers, and how the resulting risks can be managed contractually. Explore More: Renewable Energy 1. Why Water has Become a Legal Question Chemically, approximately nine litres of pure water are required to produce one kilogram of hydrogen via electrolysis. But this is an ideal number since the theoretical requirement does not reflect the real demand of an operating plant. A plant may need additional water for treatment, cooling, electrolyser operation, purification losses, which can increase actual water requirements can on a substantial level. Recent studies suggest that commercial electrolysis requires around roughly 10-22 litres per kilogram of hydrogen, while total water demand including cooling can be significantly higher, considering electrolyser technology, cooling system and climatic conditions. Applying the above math to the National Green Hydrogen Mission’s (NGHM) target of 5 million tonnes of green hydrogen per year by 2030, water requirement of 20 litres per kilogram would translate into roughly 100 million cubic metres of water each year. At a national level, the requirement seems relatively small when compared against India’s total water usage. But locally, the impact can... --- > AI copyright law in India explained: who owns AI-generated works, how deepfakes are regulated under the 2026 IT Rules, and personality rights remedies - Published: 2026-09-21 - Modified: 2026-09-21 - URL: https://www.maheshwariandco.com/blog/ai-copyright-law-india-deepfakes/ - Categories: Intellectual Property - Tags: AI Copyright Law India, AI-generated works, copyright act 1957, deepfake laws India, generative AI copyright, Intellectual Property Law India, IT Rules 2026, Personality Rights, publicity rights, synthetically generated information Abstract Generative Artificial Intelligence (AI) has revolutionized the production, reproduction and dissemination of creative works, as well as posing intricate challenges for copyright law. A major type of synthetic media, deepfakes also pose further issues regarding copyright violations, personality rights, privacy concerns, and intermediary liability. While the Copyright Act, 1957 in India contains a statutory framework to address computer-generated works, it does not provide a clear answer on authorship and ownership issues for AI-generated works. In recent developments, in 2026, the Copyright Office took a stance on the issue of AI authorship and the Information Technology Rules on Synthetically Generated Information have also been updated. The article explores the legal landscape surrounding AI-generated works and deepfakes in India, outlines existing challenges, and reviews the importance of establishing a fair balance to accommodate technological advancements while safeguarding creators and individuals. 1. Introduction AI has revolutionized the way creative content is created, reproduced and distributed. Today, generative AI can create images, music, videos, literary works and even very realistic digital avatars. One of the most controversial applications of this technology is the creation of synthetically generated or manipulated voice and video that makes a person look, sound, or act like as if they had done or said something that they actually did not. As AI-generated content becomes more prevalent, there is a complex challenge for copyright law: who has the copyright to a work created with AI's help and what is the situation if AI is used to reproduce or manipulate a... --- > Private placement under Companies Act 2013 explained: Section 42 limits, PAS-4 and PAS-3 filings, 60-day allotment rule, penalties and investor checks - Published: 2026-09-19 - Modified: 2026-09-19 - URL: https://www.maheshwariandco.com/blog/private-placement-under-companies-act-2013/ - Categories: Corporate - Tags: Companies Act 2013, Corporate Governance, Corporate Law India, FEMA compliance, Form PAS-3, Form PAS-4, Fundraising Compliance, Preferential Allotment, Private Company Funding, Private Placement, Section 42, Share Allotment For many companies, particularly closely held and unlisted companies, private placement is a practical way of raising funds without going through the extensive process involved in a public issue. It allows a company to approach a limited set of identified investors and raise capital on mutually agreed terms. The principal provision governing private placement is Section 42 of the Companies Act, 2013, read with Rule 14 of the Companies (Prospectus and Allotment of Securities) Rules, 2014. Depending on the nature of the securities and the investors involved, provisions relating to preferential allotment, valuation, foreign investment and securities regulations may also apply. What Does the Law Permit? A private placement is essentially an offer or invitation by a company to a select group of identified people to subscribe to its securities. It is not an offer to the public and, therefore, the company cannot treat it as an open fundraising exercise. A company cannot make a private placement to more than 200 persons in aggregate in a financial year for each kind of security, subject to the exclusions and conditions prescribed under the law, including those relating to Qualified Institutional Buyers and employees under an employee stock option scheme. A private placement cannot be advertised or marketed to the general public. The company must approach identified investors in the manner prescribed under the Act. Some of the key Compliances Before proceeding with a private placement, the company should ensure that the proposal has the necessary Board and shareholders' approvals, wherever applicable.... --- > CSR Amendment Rules 2026 let companies route CSR funds via ZCZP instruments on the Social Stock Exchange. Learn the 10% cap, due diligence and key changes. - Published: 2026-09-18 - Modified: 2026-09-20 - URL: https://www.maheshwariandco.com/blog/csr-amendment-rules-2026-zczp-social-stock-exchange/ - Categories: Corporate - Tags: Corporate Law, Corporate Social Responsibility, CSR Amendment Rules 2026, CSR Compliance India, CSR Policy Rules, MCA Notification 2026, Non-Profit Funding India, SEBI Social Stock Exchange, Section 135 Companies Act, Social Stock Exchange, ZCZP Instruments, Zero Coupon Zero Principal Introduction Corporate Social Responsibility (CSR) can be understood as a business model that allows and encourages companies to give back to the community that it derives its profits from. It is a self-regulating business model that makes the company accountable to itself, its stakeholders and most importantly the public. Therefore, CSR allows companies to operate in a manner that enhances community and environment rather than destroying it. The mandate of undertaking CSR activities is enforced by the Companies Act 2013 read with the Companies (Corporate Social Responsibility Policy) Rules, 2014, the legislations mandate that the qualifying companies must allocate not less than 2% of the average net profits of the immediately preceding 3 years on CSR activities. Explore More: CSR and Rural Governance The Ministry of Corporate affairs in furtherance of its powers under Section 135 and Section 469 (1) & (2) brought in effect the recent amendment to the CSR Rules vide the gazette notification dated 27/05/2026. The Companies (CSR Policy) Amendment Rules, 2026 have now allowed companies to undertake CSR activities through a new financial instrument which is issued by the Non Profit Organisations listed on Social Stock Exchanges. The new financial instrument proposed by the Companies (CSR Policy) Amendment Rules, 2026 is Zero Coupon Zero Principal (ZCZP). It is a specialised financial instrument issued specifically by non profit organisations on the Social Stock Exchange to raise transparent philanthropic funding for social causes. The Companies (CSR Policy) Amendment Rules, 2026 elaborate and insert a formal definition in Rule... --- > AI hallucinated case law led the Supreme Court to set aside NCLT and NCLAT orders. What the zero-tolerance rule means for lawyers and judges. - Published: 2026-09-17 - Modified: 2026-09-17 - URL: https://www.maheshwariandco.com/blog/ai-hallucinated-case-law/ - Categories: Litigation - Tags: 2026 INSC 668, AI Hallucinated Case Law, AI Hallucination, AI in Legal Research, Bar Council of India, Fake Case Citations, Judicial Ethics, Legal Technology, NCLAT, NCLT, nsolvency and Bankruptcy Code, Section 7 IBC, Supreme Court of India Introduction Artificial Intelligence (AI) has made things easier, faster and more efficient. A major concern regarding AI is its reliability and credibility. Artificial intelligence can also produce information that appears to be true and credible but is in fact false or nonexistent. With the increasing use of AI in legal research and decision-making, there is a growing risk of AI generating fabricated case law, incorrect citations, or non-existent judicial precedents. Such erroneous legal information presented as fact is commonly referred to as a “legal hallucination. ” AI Hallucination in Litigation The growing trend of using AI can also be observed in the legal field. In the current scenario, lawyers and legal counsel increasingly use AI for legal research and other professional purposes. The rapid integration of Large Language Models (LLMs) and generative artificial intelligence into legal practice has transformed legal research, document drafting, and workflow automation. However, this technological advancement has also introduced a significant vulnerability known as legal hallucination. Generative artificial intelligence systems are fundamentally based on probabilistic next token prediction, not on deterministic legal reasoning or factual verification. So, when prompted to search for judicial precedents supporting a certain proposition, these systems may prioritise linguistic fluency and relevance over factual accuracy. This can lead to the confident production of fabricated case law, incorrect citations, fictional judge names, made up legal principles and non-existent paragraph extracts. A legal system founded on the doctrine of stare decisis, where the foundation of legal authority lies in judicial precedent, the creation of... --- > BIS Amendment Regulations 2026 explained: 5-year licence validity, annual fees, 90-day suspension, Scheme-II self-declaration and MSME fee concessions. - Published: 2026-09-16 - Modified: 2026-09-23 - URL: https://www.maheshwariandco.com/blog/bis-amendment-regulations-2026/ - Categories: Regulatory & Compliance - Tags: BIS Amendment Regulations 2026, BIS Annual Fee, BIS Certification, BIS Conformity Assessment Regulations, BIS Licence Validity, BIS Scheme-II, Bureau of Indian Standards, Certificate of Conformity, ISI Mark Licence, Self Declaration of Conformity On 25 February 2026 the Bureau of Indian Standards quietly rewrote the rulebook that governs how manufacturers and importers get and keep the right to use the ISI mark. The Bureau of Indian Standards (Conformity Assessment) Amendment Regulations, 2026 amend the parent Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 which has since June, 2018 governed the grant continuation suspension and cancellation of licences to use the Standard Mark and of certificates of conformity. Nothing in the amendment touches the underlying statute. What it does touch is the machinery. The fee a licensee pays and when it falls due how long a licence lasts before renewal what happens the moment payment lapses and a reconceived Scheme-II that lets a new category of applicant reach the certified market without a full factory audit. This piece works through the statutory foundation the amendment rests on, sets out precisely what has changed and then goes further than a straight compliance digest would. It asks who actually benefits who carries more risk than before and where the framework still looks unsettled. 1. The Statutory Architecture Behind the Amendment BIS draws its authority from the Bureau of Indian Standards Act 2016 which repealed the 1986 statute of the same name and established the Bureau as a body corporate under the Department of Consumer Affairs. Section 12 empowers the Bureau to notify a conformity assessment scheme for any goods article process system or service. Section 13 empowers the Director General to grant a certificate of conformity... --- > Planning a green hydrogen investment in India? Check NGHM incentives, PESO licences, EC exemptions, land, water and offtake risks before you commit capital. - Published: 2026-09-15 - Modified: 2026-09-16 - URL: https://www.maheshwariandco.com/blog/green-hydrogen-investment-in-india/ - Categories: Green Hydrogen Mission - Tags: due diligence, Energy Regulation India, Environmental Clearance, fdi in India, Green Ammonia, Green Hydrogen India, Green Hydrogen Investment, National Green Hydrogen Mission, oreign Investment India, PESO Licence, Renewable Energy Law, SIGHT Scheme India is entering the next big energy renaissance with the National Green Hydrogen Mission (“NGHM”). The mission has transformed the country’s hydrogen ambitions from policy intent to transactional reality. For the entrepreneurs, it is not just an environmental solution, it is one of the most powerful future business avenues of the decade. With tenders now being awarded, price benchmarks being established, and states competing for investment, foreign investors are no longer evaluating a nascent sector. They are navigating an evolving regulatory market. The business offers long-term contracts, high-revenue generating potential, and massive scalability for early entrants. With a desire to position India as a global hub for clean hydrogen, the sector creates a massive first-mover advantage for entrepreneurs to enter early, capture market share, and build a cutting-edge, future-ready, energy business. In comparison to the already established energy verticals, Green Hydrogen in India lies at the intersection of various regulatory domains such as renewable energy, hazardous chemicals, explosives, environmental clearance, land, state industrial policy, and emerging carbon market framework, none of which was originally developed with hydrogen in mind. Investors who view this simply as an “ESG compliance exercise” may underestimate the risks that determine project bankability. This article outlines the principal due-diligence areas a foreign investor, whether a strategic offtaker, a private equity sponsor, or a project developer should investigate, before investing capital in an Indian Green Hydrogen or green ammonia project. Explore More: Green Hydrogen Mission Regulatory Architecture The NGHM comprising a budget of INR 19,744 crore and... --- > Received an ED summons under Section 50 PMLA? Understand your rights, what you must produce, and the risks of a wrong answer before you appear. - Published: 2026-09-14 - Modified: 2026-09-15 - URL: https://www.maheshwariandco.com/blog/ed-summons-under-section-50-pmla/ - Categories: Criminal Law - Tags: ECIR, ED Summons, Enforcement Directorate, Money Laundering Law, PMLA 2002, PMLA Arrest, Rights Under PMLA, Section 50 PMLA, Statement Under Oath, White-collar crime India Introduction The Prevention of Money Laundering Act, 2002 (PMLA) was passed to: Curb the laundering of illicit funds; and Enable confiscation of assets derived from such type of activity. The Act was passed in 2002, but the Act and Rules came into force from 1 July 2005. Banks and financial institutions have to make sure they: Know who their customers are; Keep records of all the transactions that take place; and Tell the Financial Intelligence Unit-India if they think something suspicious is going on. The rules were made stronger in 2005, 2009 and 2012. The courts also made some important decisions, like the one on 24 November 2017, to help with this. The Financial Intelligence Unit-India is still the one that gets these reports about activities from banks and financial institutions. The Supreme Court struck down the restrictive twin conditions for bail under Section 45 as violative of Articles 14 and 21 of the Constitution. An investigation by the ED begins with the registration of an Enforcement Case Information Report (ECIR). Unlike a First Information Report (FIR), which is registered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC), an ECIR has no statutory foundation. Explore More: Criminal Defense Law Firm The Scope of Section 50 The Director of the Enforcement Directorate has a lot of power under Section 50 of the Act. The Enforcement Directorate can: Summon someone to their office; Ask them to bring documents; and Question them under oath. The Enforcement Directorate can ask anyone... --- > The Supreme Court has clarified corporate criminal liability in India, ruling a company can be prosecuted even if no officer is named - Published: 2026-09-11 - Modified: 2026-09-11 - URL: https://www.maheshwariandco.com/blog/corporate-criminal-liability-in-india/ - Categories: Criminal Law - Tags: Corporate Criminal Liability, Corporate Governance, Corporate Mens Rea, Criminal Law India, Director Liability, Supreme Court judgments, White Collar Crime A company, in the eyes of law, is a separate legal person. But unlike an individual, it cannot think, speak or act on its own. Every corporate decision is ultimately taken by people—directors, officers, employees or other people acting with the authority of the company. This creates an interesting legal question when criminal proceedings are initiated against a company. If the prosecution alleges that the company had the necessary criminal intent, but the particular individual who acted on behalf of the company has not been identified or made an accused, can the proceedings against the company still continue? The Supreme Court recently considered this question in Sanofi India Ltd. v. Central Bureau of Investigation, and its decision has important implications for companies and their management. The Court held that criminal proceedings against a company cannot be brought to an end merely because the individual natural person through whom the alleged offence was committed has not been identified or arraigned as an accused. The Issue Before the Court The proceedings arose from allegations concerning the supply of pharmaceutical products to the Bhabha Atomic Research Centre. The allegations involved, among other things, a conspiracy relating to the procurement of medicines. Sanofi India approached the Supreme Court challenging the continuation of the criminal proceedings. One of the central arguments was that where an offence requires mens rea, or a guilty intention, the company could not be prosecuted unless the individual officer or employee responsible for the alleged conduct was identified and prosecuted. The... --- > MRO setup in India: DGCA CAR-145 approval, AAI airport land leases, customs duty exemptions and 5% GST on MRO services, explained by our aviation lawyers. - Published: 2026-09-10 - Modified: 2026-09-11 - URL: https://www.maheshwariandco.com/blog/setting-up-an-mro-facility-in-india/ - Categories: Aviation - Tags: AAI land lease, aircraft maintenance India, Aviation Law India, aviation regulatory compliance, customs duty exemption, DGCA CAR-145, FDI in Aviation, GST on MRO services, MRO setup in India Approvals, Customs and Airport Land, and why the Three of them run on Different Clocks What does it actually take, in law, to open the doors of an aircraft maintenance facility in India? Most feasibility studies stall at the same point, because promoters treat the project as one licensing exercise when it is really three running in parallel on different clocks. Airworthiness approval sits with the Directorate General of Civil Aviation. Land and airside access sit with the airport operator, which will be either the Airports Authority of India or a private concessionaire holding a state lease. Duty and tax treatment sits with the customs and goods and services tax administration, and that is where the margin is usually won or lost. The MRO setup India legal requirements set out below follows that division deliberately, because an applicant who sequences them badly ends up holding a lease over land it cannot build on and a hangar it cannot certify. Explore More: Civil Aviation Law Firm The Statute You Are Now Regulated Under The Aircraft Act, 1934 has been repealed and replaced by the Bharatiya Vayuyan Adhiniyam, 2024, which commenced on 1 January 2025. The Aircraft Rules, 1937 continue in force under the savings provision of the new Act, and that continuity matters more than the change of name. The entire approval architecture for a maintenance business still hangs off Rule 133B of those Rules, which requires that the performance and certification of maintenance of India controlled aircraft and of components... --- > Patent infringement damages in India now run into hundreds of crores. See how the Delhi High Court calculates awards and what Ericsson v Lava changed. - Published: 2026-09-08 - Modified: 2026-09-08 - URL: https://www.maheshwariandco.com/blog/patent-infringement-damages-in-india/ - Categories: Intellectual Property - Tags: Delhi High Court, FRAND Licensing, IP Enforcement, IP Litigation India, IPD Rules 2022, patent, Patent Damages, Patent Infringement, Patents Act 1970, Standard Essential Patents Introduction The patent enforcement ecosystem in India has been undergoing a massive paradigm shift. The previous notion of India as a jurisdiction where patent enforcement awards were merely considered as symbolic, Indian courts are now delivering extensive damages which are at par with United States and Europe enforcement standards. This shift puts a positive spotlight on the Indian IP ecosystem for Multinational Corporations with intellectual property rights in India. It highlights that IP rights are treated seriously by the adjudicating bodies. A few years back, such exorbitant damages were unimaginable. The standard damages awarded ranged between 1-5 lakhs and in very rare cases it might have gone up to 1 crore. However, within these 5 years this standard has been completely changed. In 2024 alone, Indian courts awarded over 460 crores (approximately US$55 million) in just two major patent cases. The highest single award reached 244 crores (approximately US$27 million) in a telecommunications patent dispute, while a second case delivered 217 crores (approximately US$24 million) for antenna technology infringement. It is imperative to understand that these changes did not stem from a sudden or erratic mood swing of the judicial establishments, rather they are a collective consequence of institutional reforms that created intellectual property courts with modern procedural laws, policy initiative and judicial decision that provided frameworks for damage calculation in cases. Explore More: Patent Attorneys in India Evolving Foundation IP dedicated benches are imperative as IP disputes are quite technical in nature and thereby require more than the general... --- > Learn about breach of contract issues for business in India, legal remedies and steps to prevent disputes. Discover essential tips to safeguard your interests. - Published: 2026-09-07 - Modified: 2026-09-07 - URL: https://www.maheshwariandco.com/blog/insights-into-breach-of-contract-issues-for-business-in-india/ - Categories: BUSINESS LAW Contracts are the lifeblood of commercial transactions. However, when one party fails to honour their obligations, it can create substantial legal and financial consequences. Breach of contract issues for business in India is governed by the Indian Contract Act, 1872, which provides detailed provisions for dealing with both actual and anticipatory breaches . Interestingly, breaches aren’t just about failed deliveries or payment defaults; they encompass a range of actions, including violation of confidentiality or non-compete clauses, failure in performance of services and disputes over contract terms . A breach can be categorized into minor, material or fundamental, depending on its impact. Businesses must be prepared to address these issues strategically, whether through compensation, specific performance or other legal remedies. Understanding the Types of Breach of Contract Breach of Contract Issues for Business are not always straightforward. They can vary significantly based on the circumstances and the nature of the obligations involved. Let’s explore some common types: 1. Actual Breach vs. Anticipatory Breach: An actual breach occurs when one party fails to perform their obligations when they are due. For instance, if a supplier does not deliver goods on the agreed date, it constitutes an actual breach. Under Section 37 of the Indian Contract Act, 1872, the non-breaching party can seek immediate remedies like damages or even terminate the contract . An anticipatory breach, on the other hand, happens when one party indicates—either through words or actions—that they will not fulfil their future obligations. The Indian courts allow the non-breaching party... --- > Received a DRT notice? Learn the response timelines, limitation periods, defences, recovery certificate process and appeal requirements for borrowers and guarantors. - Published: 2026-09-07 - Modified: 2026-09-07 - URL: https://www.maheshwariandco.com/blog/drt-notice-response-time-defences/ - Categories: Banking & Finance - Tags: Banking Law, Borrower Rights, Debt Recovery, Debt Recovery Tribunal, DRT Appeal, DRT Limitation, DRT Notice, DRT Proceedings, DRT Written Statement, Guarantor Rights, Loan Recovery, RDB Act, Recovery Certificate, SARFAESI Introduction The Debts Recovery Tribunal, also known as DRT, follows certain rules which relate to the time limits mentioned in the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act or the Act). These limits are not merely procedural requirements and instead are factors which influence the right of the borrower or guarantor depending on the stage of recovery proceedings in question. If one does not follow the deadline established by law, it may lead to an order being made ex parte or may mean the loss of the right of appeal or dismissing the claim on time grounds. Explore More: Banking and Finance Law Firm Classification of the Account as a Non-Performing Asset The classification of a loan account as a Non-Performing Asset (NPA) usually marks the prior step in the recovery process. As per the rules issued by the Reserve Bank of India, an account can only be classified as NPA if default continues for a period of 90 days. This classification does not happen as per the provisions of the RDB Act; instead, is a regulatory requirement before approaching the Tribunal. Institution of the Original Application u/s 19 of the RDB Act For recovering the debt, the bank should file the Original Application (OA) before the DRT with territorial jurisdiction under Section 19 of the Act. The Act does not provide for a specific time limit within which the OA should be filed after the default. However, the application will have to comply with the general limitation... --- > The Supreme Court's Section 138 NI Act new guidelines change how cheque bounce cases are filed, served, settled and compounded. Here's what they mean. - Published: 2026-09-04 - Modified: 2026-09-07 - URL: https://www.maheshwariandco.com/blog/section-138-ni-act-new-guidelines-by-sc/ - Categories: Litigation - Tags: Cheque Bounce Case, Cheque Dishonour, Commercial Disputes, Compounding of Offences, Criminal Litigation, Negotiable Instruments Act, Section 138 NI Act, Supreme Court judgments Introduction A cheque is supposed to offer something close to certainty in a commercial transaction. When a cheque is issued, the recipient ordinarily expects that it will be honoured when presented. A dishonoured cheque, therefore, is not merely a failed payment; it can have wider consequences for the credibility and discipline of commercial dealings. This is one of the reasons why dishonour of cheques was made a criminal offence under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). At the same time, the sheer volume of cheque-bounce litigation has created a problem of its own. Cases intended to secure payment often remain pending for years, defeating the very commercial purpose for which the provision was introduced. Over the years, the Supreme Court has repeatedly attempted to address this problem. The latest intervention in Sanjabij Tari v. Kishore S. Borcar & Anr. (2025) is significant because it goes beyond laying down legal principles. The Court has attempted to bring greater structure to the way Section 138 complaints are filed, summons are served, accused persons respond, settlement is explored and cases are ultimately brought to an end. The judgment, therefore, deserves attention not only for what it says about cheque dishonour, but also for what it says about the future conduct of these cases. Explore More: Litigation Law Firm in India How Section 138 Reached This Point Section 138 was introduced into the NI Act to attach penal consequences to the dishonour of cheques for insufficiency of funds. The provision... --- > Corporate compliance in India is shifting under the Corporate Laws (Amendment) Bill 2026. What decriminalisation and small company relief mean for you. - Published: 2026-09-02 - Modified: 2026-09-02 - URL: https://www.maheshwariandco.com/blog/corporate-compliance-in-india/ - Categories: Corporate & Commercial - Tags: Companies Act 2013, Corporate Compliance, Corporate Governance India, Corporate Laws Amendment Bill 2026, Decriminalisation of Offences, Doing Business in India, LLP Act 2008, Regulatory Reform India, Small Company Compliance Corporate compliance has become an unavoidable part of doing business in India. For, particularly smaller and growing businesses, it can sometimes feel like a never-ending list of filings, approvals and procedural requirements. The Corporate Laws (Amendment) Bill 2026 has brought that discussion into sharper focus. Amendments relating to penalties, small companies and a number of procedural requirements. At the heart of these proposed changes is a question which businesses have been asking for some time: does every compliance failure really guarantee the same regulatory response? Let us take a simple example. A company may miss a filing deadline or fail to comply with a procedural requirement. That is a contravention and should not simply be ignored. But it is difficult to place such a lapse on the same footing as deliberate fraud, suppression of material information or misuse of company funds. The Bill proposes to decriminalize certain offences and provide for monetary penalties in specified cases. The fear of criminal consequences can sometimes make an otherwise straightforward compliance issue unnecessarily complicated. At the same time, a monetary penalty is not an excuse for companies to become casual about their obligations. The distinction is really about proportionality. Explore More: The Corporate Laws (Amendment) Bill, 2026 The Smaller the Business, the Bigger the Impact of Compliance Costs The Bill proposes to increase the thresholds for determining whether a company qualifies as a “small company. ” For a large corporate group, engaging professionals and maintaining an extensive compliance structure is part of the... --- > How the limitation period for money recovery suit in India works under Article 113, and when an acknowledgment or part payment restarts the three-year clock. - Published: 2026-08-31 - Modified: 2026-09-01 - URL: https://www.maheshwariandco.com/blog/money-recovery-suit-limitation-period-in-india/ - Categories: Litigation - Tags: Acknowledgment of Debt, Article 113, Civil Litigation India, Debt Recovery, Indian Contract Act 1872, Limitation Act 1963, Money Recovery Suit, Supreme Court judgments Introduction The way courts in India handle civil disputes is based on an idea: the law helps people who pay attention to their rights, not those who ignore them. This idea is often stated in Latin as "vigilantibus non dormientibus jura subveniunt". Based on this idea, civil law introduced the limitation Act, which makes sure that a party approaches court at the first instance after they become aware about infringement of their right(s). It makes sure people start proceedings within a reasonable time. This protects the people being sued from claims where the evidence may be gone and people may not remember things clearly. Explore More: Litigation Law Firm in India For people, banks and companies, who want to recover the money, it is very important to know within what time period they have to file a lawsuit to get their money recovered. If such a time period is miscalculated, they may not be able to recover their money back even if they are legally entitled to it. The Act also says that if someone acknowledges a debt in writing or makes a part payment it can restart the clock for filing a lawsuit. The rules about lawsuits for money recovery are always changing to deal with the complexities of business. This includes things like company reports and whether emails and WhatsApp messages can be used as evidence. This analysis looks at the laws about the time period within which aggrieved party will have to file lawsuits for money recovery... --- > SEBI’s SME IPO review could reshape how smaller businesses access public capital while balancing compliance, governance and investor protection. - Published: 2026-08-27 - Modified: 2026-08-31 - URL: https://www.maheshwariandco.com/blog/sme-ipo-reform-access-growth-and-investor-protection/ - Categories: Regulatory & Compliance - Tags: capital markets India, Corporate Governance, due diligence, Investor Protection, IPO readiness, listing compliance, regulatory reform, SEBI Regulations, SME IPO, SME listing India SEBI’s review of the SME IPO framework could mark the beginning of a more fundamental conversation about how India wants its smaller businesses to access public capital. There was a time when going public was largely considered the destination of a company that had already reached a certain scale. That assumption is changing. Over the last few years, India’s capital markets have increasingly opened their doors to smaller businesses. The SME segment has emerged as an important avenue for companies seeking growth capital, visibility and an eventual transition into the mainstream listed market. Related: Regulatory and Compliance Law Firms But success creates its own questions. As the SME IPO market has expanded, so has the regulatory conversation around whether the existing framework remains proportionate to the businesses it is intended to serve. It goes to the heart of a much larger question: How do we make India's capital markets deeper and more accessible without compromising the safeguards that make those markets credible in the first place? For a growing business, an SME listing can mean much more than raising money. It can provide access to institutional visibility, improve credibility with customers and lenders, create a mechanism for existing investors to realize value and establish a platform for future growth. For promoters, however, the decision to list also changes the nature of the business. That transition is significant. The real question, therefore, is not whether smaller companies should have access to public markets. It is whether the regulatory architecture surrounding that... --- > FDI in aviation sector in India allows up to 100% foreign capital, but SOEC rules keep ownership and control with Indian nationals. Know the limits. - Published: 2026-08-26 - Modified: 2026-08-27 - URL: https://www.maheshwariandco.com/blog/fdi-in-aviation-sector-in-india/ - Categories: Aviation - Tags: Air Operator Certificate, Aircraft Rules 1937, Aviation Law in India, Consolidated FDI Policy, Corporate Law in India, DGCA Regulations, FDI in Aviation Sector, foreign investment in India, Shareholder Agreement, Substantial Ownership and Effective Control Foreign capital can now reach almost every layer of an Indian airline's balance sheet, but control cannot. Every foreign strategic investor and private equity sponsor must internalize before drafting term sheets for a domestic carrier. The percentage of equity a foreign party may hold and the degree of control it may exercise are governed by two separate legal regimes that do not move together, and the gap between them is where most aviation deals in India succeed or unravel. This article sets out the regulatory mechanics of FDI in the aviation sector in India, the statutory Substantial Ownership and Effective Control (SOEC) test, and the shareholder agreement drafting choices that determine whether a transaction clears DGCA scrutiny or jeopardises the target's Air Operator Certificate. Regulatory Landscape Thresholds and Investment Routes Foreign investment in a Domestic Scheduled Passenger Airline (also described as a Scheduled Air Transport Service) is governed by the Consolidated FDI Policy read with the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, and overlaid by sectoral conditions notified by the Ministry of Civil Aviation. The percentage limits are as follow: Foreign airlines may invest up to 49% in a scheduled passenger airline, and this ceiling is firm. A foreign carrier cannot cross 49% in a domestic scheduled operator by any route. Non-airline foreign investors (private equity, sovereign funds, financial strategics) may invest up to 100%, with the 49% automatic-route cap applying to the portion that flows without prior approval, and any investment beyond 49% requiring government approval. Non-Resident Indians... --- > How ESG capital allocation in India is reshaping dividend and buyback decisions under BRSR Core, Section 123 and the climate finance taxonomy. - Published: 2026-08-25 - Modified: 2026-08-25 - URL: https://www.maheshwariandco.com/blog/esg-capital-allocation-in-india/ - Categories: Corporate - Tags: climate finance taxonomy, climate transition finance, Corporate Governance India, dividend distribution India, ESG capital allocation, RSR Core, SEBI ESG disclosures, Section 123 Companies Act 2013, share buyback Companies Act, sustainable finance An examination of the emerging tension between shareholder distributions and climate capital expenditure, and a proposal for embedding carbon accountability into India's corporate payout architecture Abstract Year after year, boards around the world find themselves making an often-overlooked but significant decision regarding the portion of the surplus generated during the year which is to be paid out as dividends and buybacks versus the amount which is to be reinvested to decarbonize operations. For many years, such a decision had not been an issue-capital allocation had been about the return on equity, not about carbon emissions. The situation is different today. Regulatory bodies, institutional investors and credit rating agencies have started viewing the carbon footprint of corporations as a financially relevant variable. This article sets out the framework of laws and regulations in respect of corporate pay-outs in India, analyzes the global experience in this area and suggests the use of a “Carbon-Adjusted Payout Ratio” as a governance device for Indian companies. Explore More: Renewable Energy Two Competing Claims on the Corporate Purse Traditionally, corporate law has viewed dividend distributions as an issue that was to remain internal to the company and its shareholders. According to the provisions of the Companies Act, 2013, dividend can be declared only from profits after accounting for depreciation and taking into account the restrictions contained in Section 123 of the Act. Share repurchase is permissible under Section 68 of the Act, but it is capped at twenty-five percent of the paid-up capital and free reserves... --- > Fast track merger under Section 233 now covers more companies after the 2025 CAA amendment. Know the eligibility, RD route, timelines and tax gaps. - Published: 2026-08-24 - Modified: 2026-08-25 - URL: https://www.maheshwariandco.com/blog/fast-track-merger-under-section-233/ - Categories: Mergers & Acquisitions - Tags: CAA Amendment Rules 2025, company law India, Corporate Restructuring, Fast Track Merger, Mergers and Amalgamations, NCLT, Rule 25 CAA Rules, Section 233 Companies Act 2013 Introduction Mergers and Amalgamation are an integral part of a company’s growth; they act as important strategies for companies to increase their profits. However, the procedure for Mergers and Amalgamation is a very long and strenuous one, which must be fulfilled before the company’s merger as detailed out under Sections 230 to 232 of the Companies Act, 2013. Although the elongated timeline for the procedure is necessary to maintain the careful scrutiny and diligence to protect the stakeholders of the companies, certain instances require that the process be accelerated. Fast-track mergers were introduced in 2016 under Section 233 of the Companies Act 2013, and Rule 25 of the Companies (Compromises, Arrangements, and Amalgamations) Rules 2016, based on the Irani Committee Report of 2005. Explore More: Merger & Amalgamation in India They are part of the ease of doing business proceedings that allows companies to bypass the long proceedings under NCLT, this allows companies to approach the Regional Director instead of the NCLT to get approval for their schemes of merger and amalgamation. The benefits range from efficiency and reduced costs to reduced operational costs. Provided under Section 233 of the Companies Act, 2013, this provision allows certain categories of companies to escape the broader NCLT scrutiny and approval is granted through the Central Government, Regional Director, Registrar of Companies and Official Liquidator. It is read with Rule 25 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 and related amendments and notifications issued from time to time for this purpose.... --- > SEBI's new sponsor norms make beneficial ownership disclosure in India a governance test. See what your company should review before regulators ask. - Published: 2026-08-22 - Modified: 2026-08-22 - URL: https://www.maheshwariandco.com/blog/beneficial-ownership-disclosure-in-india/ - Categories: Regulatory & Compliance - Tags: Beneficial Ownership Disclosure, Corporate Compliance, Corporate Governance India, Ownership Structure, Regulatory Disclosure, SEBI Regulations, Significant Beneficial Owner, Ultimate Beneficial Owner There was a time when a company's balance sheet told most of its story. Today, it is rarely enough. Investors want to know who actually controls a business. Regulators want to know where the money comes from. Customers want to know whether the organization they are dealing with is trustworthy. And increasingly, businesses themselves are discovering that their ownership structure and governance practices can be just as important as their financial performance. A recent move by the Securities and Exchange Board of India (SEBI) brings this changing reality into sharper focus. SEBI’s Message: Look Beyond the Company on Paper SEBI has strengthened disclosure requirements for entities seeking to sponsor mutual funds, including information relating to ownership structure, ultimate beneficial owners, financial strength, regulatory history and governance. The move is part of a broader effort to make the registration process more transparent and allow regulators to undertake more meaningful due diligence. At first glance, this may appear to be a development limited to the mutual fund industry. It isn't. There is a larger message here for Corporate India. The regulator increasingly wants to know the story behind the company. A corporate structure can look perfectly clean on paper. There may be multiple companies, holding entities, investment vehicles, trusts and subsidiaries sitting between the business and its ultimate owners. Legally, each entity may have a separate identity. But from a regulatory perspective, the most important question is often: Who ultimately owns, controls or benefits from the structure? Transparency Is Becoming a Business... --- > Consent Manager under DPDP Rules 2025: registration under Rule 4, ₹2 crore net worth, Part B duties and the 13 November 2026 deadline explained for businesses. - Published: 2026-08-21 - Modified: 2026-08-22 - URL: https://www.maheshwariandco.com/blog/consent-manager-under-dpdp-rules/ - Categories: Regulatory & Compliance - Tags: Consent Management, Consent Manager, Data Fiduciary Compliance, Data Governance, Data Principal Rights, Data privacy law India, Data Protection Board of India, DPDP Act 2023, DPDP Rules 2025, Rule 4 DPDP Rules Digital Personal Data Protection Rules, 2025 (hereinafter ‘the DPDP Rules’), which was notified and published in the e-Gazette on 13th November, 2025, gave operational shape to one of the more distinctive features of the Digital Personal Data Protection Act, 2023 (hereinafter ‘the DPDPA): a registered, neutral intermediary, the Consent Manager, through whom a Data Principal may give, manage, review or withdraw consent across multiple Data Fiduciaries on a single interoperable platform. Rule 4 will come into force on 13th November, 2026, giving prospective Consent Managers a measured twelve-month runway to reach the floor. Explore More: Digital Personal Data Protection Act, 2023 1. The Statutory Anchor The architecture sits on three short pillars of the DPDPA rather than on the Rules alone. Section 2(g) of the Act defines a Consent Manager as “a person registered with the Board, who acts as a single point of contact to enable a Data Principal to give, manage, review or withdraw her consent through an accessible, transparent and interoperable platform”. Section 6(7) to (9) marks that definition operational by empowering the Data Principal “to give, manage, review or withdraw her consent to the Data Fiduciary through a Consent Manager,” requiring the Consent Manager to be registered with the Board. Section 13 of the Act places an accompanying obligation on Data Fiduciaries and Consent Managers to provide grievance redressal. Three features of this formulation merits emphasis. First, registration is mandatory and structural, not optional. Second, the function operates as a single point of contact across multiple... --- > The FEMA Guarantee Regulations 2026 replace the 2000 rules with a principle-based regime. Know Form GRN reporting, LSF and invocation rules. - Published: 2026-08-20 - Modified: 2026-08-21 - URL: https://www.maheshwariandco.com/blog/fema-guarantee-regulations-2026/ - Categories: Banking & Finance - Tags: Authorised Dealer Bank, Banking and Finance Law, Corporate Guarantee, Cross-Border Guarantee, External Commercial Borrowing, FEMA 1999, FEMA Guarantee Regulations 2026, Foreign Exchange Regulations, Form GRN, Overseas Investment, RBI Compliance Introduction A cross-border guarantee is easy to describe but difficult to regulate. No money necessarily moves when it is issued; yet, on invocation, a contingent promise can become an immediate foreign-exchange liability. The Foreign Exchange Management (Guarantees) Regulations, 2026 (hereinafter “the 2026 Regulations”) respond to this problem by replacing the Foreign Exchange Management (Guarantees) Regulations, 2000 (hereinafter “the 2000 Regulations”). The change is commonly presented as a move from a transaction-specific regime to a principles-based one. That description is accurate, but an incomplete one. The more significant change is institutional. The Reserve Bank of India (hereinafter “RBI”) has moved the regulatory checkpoint from the entrance to the transaction to the entire life of the guarantee. Under the old framework, the central question was whether a proposed guarantee fitted within an expressly permitted category. Under the new framework, the first question is whether the underlying economic relationship is lawful; the continuing questions are who bears the reporting duty, whether every material change has been captured, and whether invocation remains capable of lawful settlement. Permission has therefore been widened, while responsibility has been decentralised. Explore More: Banking and Finance Law Firm From Specific Permissions to a Role-Based Framework The 2000 Regulations began with a general prohibition and then identified particular circumstances in which AD banks and other persons could give guarantees. Over time, additional permissions and conditions accumulated across circulars and Master Directions. The result was a fragmented inquiry: counsel often had to locate the transaction within the guarantee regulations, the external... --- > Aircraft maintenance reserve clauses decide who pays at redelivery. How to draft reserve rates, escrow custody, and return conditions that avoid disputes. - Published: 2026-08-19 - Modified: 2026-08-19 - URL: https://www.maheshwariandco.com/blog/aircraft-maintenance-reserve-clauses/ - Categories: Aviation - Tags: Aircraft Lease Agreement, Aircraft Leasing, Aviation Law, Aviation Regulation India, Dispute Resolution, Maintenance Reserves, Redelivery Conditions, Supplemental Rent Aircraft maintenance reserve clauses and redelivery conditions are the two provisions most likely to trigger multi-million dollar disputes at the end of an aircraft lease agreement. When a maintenance reserve fund is poorly drafted, the ambiguity surfaces precisely when exposure is highest The result is protracted litigation over engine life limited part valuations, deferred defects, incomplete back-to-birth records, and the boundary between fair wear and tear and a reimbursable maintenance event. Explore More: Aviation Law Mechanics of Maintenance Reserve Funds (MRFs) Maintenance Reserve Funds, frequently designated as Supplemental Rent in the operative lease documentation, function as risk-mitigation instruments through which a lessor secures a dedicated funding source for the eventual cost of major maintenance events. Under a dry operating lease, where the lessee assumes full operational, insurance, and maintenance responsibility for the asset, the lessor bears residual value risk should the lessee fail to preserve the airframe and engines to the contractually mandated standard. Supplemental Rent addresses this exposure by requiring the lessee to remit periodic payments, calculated by reference to utilization, into a reserve against which qualifying maintenance expenditure is later reimbursed. A flag carrier or investment-grade major airline routinely negotiates a reserve-free structure, substituting an end-of-lease maintenance adjustment or a maintenance-adjusted return condition backed by the lessee's balance sheet. Middle-market operators, start-up carriers, and lessees in distressed jurisdictions present materially higher default and redelivery risk, and lessors will insist on cash Supplemental Rent to eliminate reliance on the lessee's continued solvency at the point of a heavy check.... --- > GPS spoofing law in India: how the BVA 2024, IT Act, BNS and wireless telegraphy rules apply to attacks on civil aircraft — and where the gaps still are. - Published: 2026-08-18 - Modified: 2026-08-18 - URL: https://www.maheshwariandco.com/blog/gps-spoofing-law-in-india/ - Categories: Aviation - Tags: Air Safety, Aviation Cybersecurity, Aviation Law India, Bharatiya Vayuyan Adhiniyam 2024, Cyber Terrorism, DGCA, GNSS Interference, GPS Spoofing GPS spoofing attacks to civil aviation infrastructure is one of the most advanced and little-known threats to aeronautical safety. India being one of the world's fastest-growing civil aviation markets and a country with geopolitically sensitive airspace, is increasingly exposed to such threats. GPS spoofing is the intentional transmission of fake Global Navigation Satellite System (GNSS) signals which deceives a receiver into calculating an incorrect position, velocity or time. This has progressed from a vulnerability to a real threat across the globe. While GPS jamming simply prevents the navigation signal from being received, spoofing is a more complex attack in which the spoofed signal sends falsified navigation data, which may cause the aircraft to fly off course and the instrument system to show what appears to be normal parameters. One of the most significant risks of spoofing is that the counterfeit signal may initially be treated by the receiver as authentic, making the interference more difficult to detect. The threat is real and imminent for India, since the middle of 2023, and growing in volume as 2024 progressed, various Indian airlines, such as IndiGo, Air India and Air India Express, reported instances of GPS spoofing and interference in or near airspace adjacent to Pakistan, Afghanistan and the Middle East, which has historically been the domain of electronic warfare activity. The Directorate General of Civil Aviation (DGCA) welcomed these reports in safety circulars and the issue was given due significance in the aviation regulatory fraternities. 1. Understanding GPS Spoofing: Technical Foundations for... --- > The Indian Patent Office AI guidelines set out how examiners may use AI, what is prohibited, and why human oversight still decides your patent. - Published: 2026-08-17 - Modified: 2026-08-17 - URL: https://www.maheshwariandco.com/blog/indian-patent-office-ai-guidelines/ - Categories: Intellectual Property - Tags: AI Governance, AI Regulation India, Artificial Intelligence, CGPDTM, indian patent office, Intellectual Property Law, legal tech, Patent Examination, Patent Prosecution, Patents Act 1970 Introduction The Indian Patent Act, 1970, lays the foundational framework for Patents in India, this framework incorporates the process and the requisites for obtaining the patent registration by an applicant. Patent examination is a vital step in the entire process, it is through this step that the eligibility of an invention to obtain a patent registration is determined. With the advancement of Artificial Intelligence technology and its ever widening uses, the Office of Controller General of Patents, Designs & Trade Marks published the Guidelines for the Use of Artificial Intelligence in Patent Examination Procedures (“Indian Patent Office AI guidelines”) on August 7, 2026. These guidelines lay the foundation for the examiners to efficiently use AI tools in the examination process to boost the output without compromising the standards of examination of patent applications. Furthermore, striking the right balance of AI usage and human oversight and accountability, with these guidelines is of utmost importance because of the confidential and secure nature of the patent applications. Explore More: Intellectual Property Objective These patent examination guidelines are in furtherance of various policy documents issued by the Government of India that emphasize upon and supplement the idea that AI technology should be incorporated and utilised in a structured and responsible manner in public functions. These documents recognise its utility in improving efficiency and public service delivery, while emphasising human oversight, accountability, safety, transparency, privacy, risk-based governance, and institutional safeguards. While these guidelines lay the affirmative framework for incorporation of AI technology in public functions,... --- > How patents and trademarks lapse in India, why restoration often fails, and how to build an IP renewal framework that protects your IP portfolio from a missed date. - Published: 2026-08-14 - Modified: 2026-08-14 - URL: https://www.maheshwariandco.com/blog/ip-renewals-patent-trademark-maintenance-india/ - Categories: Intellectual Property - Tags: annuity payment, Form 15 restoration, Form TM-R, IP maintenance, patent renewal fees India, patent restoration Section 60, Rule 80 Form 4, Section 53 Patents Act, trademark renewal India, trademark restoration Section 25 Real-World Lessons in Portfolio Disintegration An intellectual property portfolio is one of the few corporate assets that can be destroyed not by litigation, competition, or market forces, but by an unopened envelope. A patent that survived a three-year prosecution battle, two examination reports, and a pre-grant opposition can cease to exist because a renewal fee of a few thousand rupees went unpaid on a date nobody was watching. The asset does not degrade. It disappears. This is the asymmetry that defines IP maintenance, and it is the reason most portfolio failures never make it into a boardroom deck: the loss is administrative in origin but catastrophic in effect. The Asymmetric Risk of IP Maintenance Consider the arithmetic that legal departments routinely ignore. A single pharmaceutical patent may represent eight-figure R&D expenditure, years of clinical and regulatory groundwork, and a market position competitors cannot replicate. The annuity that keeps it alive is trivial by comparison. Yet the trivial payment carries the entire weight of the investment behind it. Miss it, and the exclusivity evaporates; the invention falls into the public domain, and the money spent generating it becomes a gift to every competitor in the class. The organizational failure is one of category. Maintenance gets filed under back-office administration rather than what it actually is: a recurring, hard-deadline risk exposure sitting on the balance sheet. Nobody assigns a risk officer to "did we pay the annuity," because the payment feels clerical. The consequence of missing it is anything but. What follows... --- > DPDP Act compliance obligations take full effect on 13 May 2027. Here is how Indian businesses should map data, review vendor contracts and prepare now. - Published: 2026-08-13 - Modified: 2026-08-14 - URL: https://www.maheshwariandco.com/blog/dpdp-act-compliance-for-businesses/ - Categories: Regulatory & Compliance - Tags: Corporate Compliance India, Data Breach Reporting, Data Fiduciary Obligations, Data Privacy Compliance, Data Protection Law India, DPDP Act, DPDP Compliance, DPDP Rules 2025, Startup Compliance For many businesses, data protection compliance still feels like a deadline that belongs somewhere in the future. India's data protection framework has moved significantly closer to becoming an operational reality. The Digital Personal Data Protection Act, 2023 ("DPDP Act") was enacted in August 2023, and the Digital Personal Data Protection Rules, 2025 ("DPDP Rules") were notified in November 2025. The Government has adopted a phased approach for bringing the framework into force, giving businesses time to prepare. That transition period should not, however, be mistaken for a period of inaction. The real question is therefore not whether a company will need to comply. It is whether it will be ready when compliance becomes enforceable. Explore More: DPDP Act Compliance The Law Has Moved Beyond the Privacy-Policy Stage Data protection discussions in India have often centered around one familiar document: the privacy policy. A business may have a perfectly worded privacy policy and still have questions that remain unanswered: What personal data is the business actually collecting? Why is each category of data being collected? Where is that data stored? Who within the organization can access it? Which third-party vendors receive it? How long is it retained? And that is where many businesses may find the real compliance challenge. The 18-Month Window Should be Used as Preparation Time The Government has adopted a similar phased approach for the DPDP Act itself. Several substantive provisions, including provisions dealing with obligations of Data Fiduciaries and rights of Data Principals, are scheduled to take... --- > How decrees are executed under Order XXI CPC in India. The execution petition and modes of execution. - Published: 2026-08-11 - Modified: 2026-08-14 - URL: https://www.maheshwariandco.com/blog/execution-of-decree-order-xxi-cpc/ - Categories: Litigation - Tags: attachment of property CPC, decree execution petition, garnishee order, modes of execution of decree, money decree, Order XXI CPC, Order XXI Rule 11, proclamation of sale, Section 51 CPC, Section 60 CPC attachment, setting aside sale, warrant of possession In civil litigation, conclusions may appear with the issuance of the judgment or decree. However, the process actually ends when successful execution of the decree takes place. It is often stated that only thereafter the actual difficulties arise for the decree-holder. The Code of Civil Procedure, 1908 (CPC), in its Order XXI, elaborates on the ways of executing the decree or order. The article covers Order XXI CPC executions with the summation of the execution petition, methods of attachment, and the ways of recovering the decree. Decree and Decree Execution: Understanding the Basic As defined under Section 2(2) of the CPC, a decree is the formal recognition of adjudication, which concludes the rights of the parties concerning the issue at hand in such a case. The process of “execution”, however, is the legal method whereby a decree-holder, the party receiving the decree, gets the execution of the decree through the means of law against a judgement-debtor. Section 2(10) of the CPC defines a judgment debtor. A judgment-debtor is any individual who has been the target of a decree or an order that can be carried out. A deceased judgement-debtor's legal representative is not included in the definition. The basic principle of execution is that the executing court cannot go beyond the decree. It is supposed to take the decree as it is and execute as per the terms of the decree itself. In rare cases, a decree which is null and void i. e. made by the court, without inherent... --- > A guide to SEZ benefits in India, the tax benefits and compliance rules under the SEZ Act, and the application process for setting up an SEZ unit. - Published: 2026-08-10 - Modified: 2026-08-11 - URL: https://www.maheshwariandco.com/blog/exploring-investment-opportunities-in-indias-sezs/ - Categories: Corporate Exploring Investment Opportunities In India. SEZ Benefits in India Special Economic Zones remain one of the most established routes for export-oriented businesses and foreign investors to operate within India under a distinct fiscal and regulatory framework. This guide sets out what an SEZ and SEZ benefits in India available under the SEZ Act, 2005 and the SEZ Rules, 2006, the compliance obligations that attach to an SEZ unit, and the process for applying to set up in a Special Economic Zone. It also records the recent regulatory developments that have reshaped SEZ policy, including the Special Economic Zones (Amendment) Rules, 2025 and the concessional duty window notified for supplies to the domestic market. Several of the tax positions described below carry sunset dates and conditions; each load-bearing figure and statutory reference should be verified against the current statute and notifications before it is relied upon. Explore More: Borrowing and Lending Rules Under FEMA What Is Special Economic Zone? A Special Economic Zone (SEZ) is a designated area within a country, A precisely defined duty-free enclave, considered as foreign territory for trade operations, customs duties, and tariffs. Items and services entering the SEZ zone from the domestic tariff area are regarded as exports, whereas items and services arriving from the SEZ are classified as imports. The SEZ Act of 2005, in conjunction with the SEZ Rules, streamlines processes and offers a one-stop solution for matters involving both the Central and State Governments. The SEZ policy was first announced in the year... --- > Received a trademark examination report or Form TM-O? Learn the 30-day and 2-month deadlines, Section 9 & 11 defences, and how to file a winning reply in India. - Published: 2026-08-10 - Modified: 2026-08-10 - URL: https://www.maheshwariandco.com/blog/trademark-objection-opposition-reply-india/ - Categories: Intellectual Property If you are reading this with an Examination Report or a Notice of Opposition on Form TM-O open on your desk, understand one thing before anything else: your mark is not dead, but it is on a timer. The single most common reason perfectly registrable marks are lost in India is a lapsed deadline. The registry does not send reminders. It simply updates the status to "Abandoned" or "Refused," and the application you paid for, waited on, and built a brand around ceases to exist. Before responding to a trademark objection or opposition, you need to know exactly which of two very different situations you are in. 1. Objection or Opposition? The Diagnosis Determines Everything These two documents look similar to a non-specialist and are routinely confused. They are governed by different provisions, come from different adversaries, and run on different clocks. An Examination Report (Objection) is raised by the Trade Marks Registry itself, after examination of your Form TM-A application. The Examiner is asserting that your mark falls foul of the absolute grounds under Section 9 (it is descriptive, non-distinctive, or generic) and/or the relative grounds under Section 11 (it conflicts with earlier identical or deceptively similar marks on the Register). This is an internal Registry objection — your fight is with the Examiner. The 30-day rule A reply to the Examination Report must be filed within 30 days from the date of receipt (i. e. , the date the report is uploaded and communicated). Miss it, and the... --- > How high-net-worth families in India structure wealth. Wealth Planning for HNIs in India from trusts and family offices to succession planning options. - Published: 2026-08-08 - Modified: 2026-08-08 - URL: https://www.maheshwariandco.com/blog/wealth-planning-for-hnis-in-india/ - Categories: Family Law - Tags: Cross-border inheritance India, Estate planning for HNIs, EstateTaxIndia, high-net-worth individuals in India, HNIs, HNIs in India, Inheritance tax planning, Inheritance tax planning India, InheritancePlanning, PrivateTrusts, SuccessionLaw, WealthManagement While India does not currently impose an inheritance tax or estate duty, the growing global trend toward wealth taxation, along with increasing scrutiny of high-net-worth individuals (HNIs), necessitates proactive succession and estate planning. For HNIs in India, legacy planning is not merely about transferring wealth—it involves strategic legal structuring to minimise future tax liabilities, ensure smooth intergenerational transition, and mitigate risks of litigation or fragmentation of assets. This article explores key legal strategies and instruments that HNIs in India should consider for effective inheritance tax planning, keeping in mind Indian regulations and international developments. Related: High Networth Individuals Succession Planning for NRIs and Globally Mobile HNIs in India A significant and growing category of Indian high-net-worth families now spans multiple countries, with non-resident Indian (NRI) members, overseas-born heirs, and assets scattered across several jurisdictions. For these families, succession planning is rarely governed by Indian law alone. The domicile of each family member, the situs of each asset, and the interaction between Indian succession law and foreign probate regimes all shape how wealth actually passes on death. An NRI holding property in India, for instance, may find that Indian succession and probate rules govern that asset even where the rest of the estate is administered abroad, while an Indian resident with children settled overseas must plan for heirs who may later become subject to estate tax in the United States or the United Kingdom. Coordinated, cross-jurisdictional structuring, aligning wills, trusts, nominations, and holding vehicles across every relevant country, is therefore essential... --- > A guide to aviation legal and regulatory compliance in India, covering aircraft leasing, finance, airport PPPs, foreign investment and dispute resolution. - Published: 2026-08-07 - Modified: 2026-08-14 - URL: https://www.maheshwariandco.com/blog/aviation-law-firm-india-legal-guide/ - Categories: Aviation - Tags: aircraft leasing lawyer, aviation finance legal, aviation legal services India, aviation regulatory compliance, DGCA compliance India's aviation sector is one of the fastest-growing in the world, and for the businesses driving it, working with the right aviation law firm in India has become as important as operational efficiency. Aviation legal and regulatory compliance in India now spans airport expansion, aircraft leasing and finance, cross-border repossession, foreign investment, drone technology and dispute resolution. India's aviation sector is no longer just about airlines carrying passengers from one city to another. It has evolved into one of the country's fastest-growing industries, driven by airport expansion, international connectivity, cargo movement, aircraft leasing, MRO facilities, drone technology, digital aviation platforms, foreign investment, and emerging aerospace businesses. As India strengthens its ambition of becoming a global aviation hub, legal and regulatory compliance has become just as important as operational efficiency. For aviation companies, investors, airport developers, aircraft lessors, technology providers and logistics businesses, the legal landscape is becoming increasingly sophisticated. Those who proactively address regulatory risks today will be the ones best positioned to capitalize on tomorrow's opportunities. India's Aviation Story is Entering a New Phase Every few months, India's aviation industry seems to make headlines for a different reason. One day it is an airline placing one of the world's largest aircraft orders. Another day it is the expansion of airport infrastructure, increased regulatory oversight or the government's ambition of positioning India as a global aviation hub. Behind each of these developments lies something that receives far less attention—the legal framework that enables these businesses to grow with confidence. In... --- > Learn incorporating a business in India as a foreign investor. This guide covers legal requirements, registration procedures, compliance, and benefits. - Published: 2026-08-07 - Modified: 2026-08-08 - URL: https://www.maheshwariandco.com/blog/guide-to-incorporating-a-business-in-india-legal-requirements-procedures-and-benefits-for-foreign-investors/ - Categories: Setting Up Business - Tags: BusinessInIndia, CompaniesAct2013, CompanyIncorporation, CorporateLaw, FDIIndia, FEMACompliance, ForeignInvestment, GSTIndia, IndiaMarket, MCA, PrivateLimitedCompany, RBI, RegulatoryCompliance India has emerged as a lucrative destination for foreign investors seeking to expand their business operations due to its rapidly growing economy, strategic geographical location, and vast consumer base. For those looking at incorporating a business in India, understanding the legal landscape is paramount to ensure compliance with the country's regulations and to avoid potential legal pitfalls. The process of incorporating a business in India involves a series of legal steps and compliance requirements that must be meticulously followed. These procedures are designed to ensure that the business operates within the legal framework set by the Indian government. Adhering to these regulations not only helps in avoiding legal issues but also instills confidence among stakeholders, including investors, partners, and customers. Foreign investors must be aware of the legal requirements for foreign investors in India, which include obtaining necessary approvals, complying with the Foreign Exchange Management Act (FEMA), and adhering to sector-specific guidelines. Proper legal due diligence during the incorporation process can prevent future disputes and ensure smooth business operations. Explore More: Corporate Law Firm in India Why Incorporate a Business in India? Incorporating a business in India offers numerous benefits for foreign investors. India’s dynamic economy, large consumer market, and strategic location make it an attractive destination for international businesses. Advantages of the Indian Market Economic Growth: India is one of the fastest-growing economies in the world, with a GDP growth rate that consistently ranks among the highest globally. This economic growth provides a robust environment for business expansion and... --- > Learn the key components of a Commercial Lease Agreement, including rent terms, maintenance, and subleasing. Ensure legal compliance and protect your business interests effectively. - Published: 2026-08-06 - Modified: 2026-08-06 - URL: https://www.maheshwariandco.com/blog/commercial-lease-agreement/ - Categories: Real Estate A Commercial Lease Agreement is a legally binding contract between a landlord and a business tenant, outlining the terms under which the tenant occupies and uses a commercial property. It is essential to ensure that this agreement is clear and comprehensive to avoid future disputes. Key elements typically included in a Commercial Lease Agreement are lease duration, rent and payment terms, security deposit, property usage, maintenance responsibilities, and termination provisions. Properly addressing these elements safeguards the interests of both parties, providing a foundation for a stable and productive leasing relationship. Understanding the terms is crucial for tenants to make informed decisions and protect their interests. Hiring a commercial lease lawyer can help you navigate complex lease terms and protect your business interests. What is a Commercial Lease Agreement? A Commercial Lease Agreement is a legal contract between a landlord (lessor) and a business tenant (lessee) that defines the terms of leasing commercial real estate, such as offices, retail spaces, or industrial properties, for business purposes. This type of agreement differs from residential leases due to its complexity, longer durations, and the necessity for specialized clauses addressing the nature of the tenant’s business. Key legal definitions include: Lessor and Lessee: The lessor is the property owner who leases out the premises, while the lessee is the business entity renting the space. Premises: Refers to the commercial property being leased. Consideration: A crucial element under contract law, this refers to the exchange of rent for the right to occupy and use the... --- > How GI protection guards India's handloom heritage, where enforcement fails, and the copyright and design law gaps textile businesses must understand. - Published: 2026-08-06 - Modified: 2026-08-06 - URL: https://www.maheshwariandco.com/blog/geographical-indication-protection-handloom-india/ - Categories: Intellectual Property - Tags: Banarasi Kanchipuram Pochampally GI, counterfeit handloom sarees, GI Act 1999, GI tag handloom, handloom GI protection Step into any big shopping mall or open up an online e-commerce platform in India, and you will be overwhelmed with the number of "Banarasi" sarees made of silk, "Pochampally" ikats, and "Kanchipuram" silks. They are cheap, colorful, and easily available. However, the issue is that most of these items have not been produced using any traditional wooden loom. They are commercially manufactured in power loom factories, replicating the designs which were perfected by weaving communities over generations. It is not only unfair but also amounts to robbing them of their identity when a master craftsman takes three months in making one saree. Despite the substantial laws that India has established against such practices of Geographical Indications (GI) and Intellectual Property (IP), there is still a huge difference between the law and its application. The Legal Framework: GIs and Handlooms To know about the protection of the arts in India, one must first understand about the Geographical Indications of Goods (Registration and Protection) Act, 1999 that became effective from September 2003. The law was enacted in order to satisfy the country's obligations in accordance with the TRIPS Agreement by the WTO. To put it simply, having a GI mark gives an authorized artisan from a particular region the right to use the traditional name of the said product. Should any other person outside the region sell similar goods, the registered weaver can file a lawsuit against them. With the large amount of history in textiles in India, handlooms contribute to... --- > How technical due diligence protects value in aircraft deals. Maintenance records, LLP traceability, Cape Town title checks and contractual risk allocation. - Published: 2026-08-05 - Modified: 2026-08-05 - URL: https://www.maheshwariandco.com/blog/technical-due-diligence-aviation-transactions/ - Categories: Aviation - Tags: aircraft acquisition legal, aircraft due diligence, aircraft leasing due diligence, aircraft maintenance records, aviation transaction due diligence As aircraft acquisitions, leasing arrangements and cross-border financing transactions continue to grow in complexity, technical due diligence has evolved far beyond an engineering inspection. Today, it is a critical legal and commercial exercise that helps identify risks, preserve asset value and ensure that the transaction proceeds without unexpected surprises after closing. In aviation, an aircraft's true value is not determined solely by its condition on the tarmac—it is equally defined by the strength of its maintenance records, regulatory compliance and legal history. A well-maintained aircraft with incomplete documentation can become a costly liability, while a technically compliant asset supported by robust records inspires confidence among buyers, financiers and lessors alike. For aviation businesses, the real question is no longer whether technical due diligence should be undertaken, but how effectively its findings are translated into contractual protection. More Than an Engineering Exercise Technical due diligence is often associated with inspections, maintenance reviews and logbook verification. While these remain fundamental, the process extends much further. Every technical finding has the potential to influence the legal and commercial structure of a transaction. A missing maintenance record, an unresolved Airworthiness Directive, incomplete engine documentation or an irregularity in ownership records can affect the purchase price, delay financing, trigger additional regulatory obligations or even result in post-closing disputes. For this reason, technical due diligence should be viewed as a collaborative exercise between engineers, technical consultants and legal advisors. While technical experts identify operational issues, legal counsel assesses how those findings impact contractual rights, regulatory compliance... --- > Rule 9B mandates dematerialisation of private company shares. Learn ISIN, PAS-6 filing deadlines, exemptions & Section 450 penalties for non-compliance. - Published: 2026-08-03 - Modified: 2026-08-03 - URL: https://www.maheshwariandco.com/blog/rule-9b-dematerialisation-private-company-shares/ - Categories: Corporate Rule 9B Compliance Goes Beyond Obtaining an ISIN — Here's What Every Private Company Should Know For years, private companies in India have managed shareholding through physical share certificates, manual registers and traditional transfer procedures. That approach has now fundamentally changed. With the introduction of Rule 9B of the Companies (Prospectus and Allotment of Securities) Rules, 2014, the Ministry of Corporate Affairs (MCA) has extended the dematerialisation framework to a vast majority of private companies. As a result, lakhs of companies that never had to deal with depositories, ISINs or reconciliation of share capital must now comply with an entirely new regulatory framework. However, many companies continue to believe that obtaining an ISIN is the end of the compliance process. It is not. Dematerialisation under Rule 9B is an ongoing compliance obligation involving periodic filings, reconciliation of share capital and restrictions on future corporate actions in case of default. Companies that overlook these continuing requirements may face operational hurdles during fundraising, restructuring, buy-backs, ESOP implementation or even routine share transfers. This article explains what Rule 9B requires, who it applies to, the importance of Form PAS-6, and why companies should review their compliance status sooner rather than later. Why Rule 9B Matters India has steadily been moving towards a completely digital securities ecosystem. While listed companies and unlisted public companies had already transitioned to electronic securities, private companies largely continued to operate through physical share certificates. Recognising the need for greater transparency, improved governance and seamless transferability of securities, the... --- > A guide to joint venture disputes arbitration in India. Its causes, arbitration clauses, enforcement under Section 36 & remedies for JV partners in 2026. - Published: 2026-08-03 - Modified: 2026-08-03 - URL: https://www.maheshwariandco.com/blog/joint-venture-disputes-arbitration-in-india/ - Categories: Corporate & Commercial - Tags: Arbitration and Conciliation Act 1996, Arbitration in India, Companies Act 2013, Cross-Border JV Disputes, Dispute Resolution India, enforcement of arbitral award JV, FEMA 1999, IBC 2016 JV, ICC SIAC MCIA Arbitration, Joint Venture Arbitration, joint venture arbitration clause, Joint Venture Disputes, JV dispute resolution, oppression and mismanagement JV, Section 241 Companies Act, Section 36 Arbitration, shareholder disputes joint venture When two companies pool capital, assets and control, the upside is shared, but so is the risk of conflict. Joint venture disputes arbitration in India has become the default route for resolving these breakdowns, chosen for its speed, confidentiality and cross-border enforceability over traditional litigation. This guide explains why JV disputes arise, how arbitration resolves them, and the enforcement mechanisms and legal remedies available to aggrieved partners under Indian law. Introduction to Joint Venture Disputes Joint Ventures refer to the organizational structure where there are joint control, assets or resources pooling and mutual profit-sharing between two or more companies. In India, Joint Ventures are governed by Companies Act,2013; FEMA,1999 and various other sector-specific regulations. Joint Venture Disputes are the ones that occur when collaborative organizations or businesses between the parties break down owing to breaches, violations or conflicting expectations. The most common reasons for JV Disputes are the management conflicts, differences in opinions, breach of contractual clauses and governance failures. Nowadays, in the cases of international JVs; cultural imbalances are one of the core reasons for the disputes between the entities. Due to the increase in the various types of disputes and misalignments, the nature of the JV Disputes has been constantly evolving. The adjudication and resolution of these disputes have also been revolutionized with time. This Blog aims to explain the evolving nature of Joint Venture Disputes. Moreover, it also mentions the relevance of Arbitration in dispute resolution and various methods of enforcement and the available legal remedies. Explore... --- > A 2026 guide to GST return filing in India. Types of GST returns, process, new 3-year time bar, GSTR-3B hard-locking, due dates & late-filing penalties. - Published: 2026-08-03 - Modified: 2026-08-05 - URL: https://www.maheshwariandco.com/blog/gst-return-filing-in-india/ - Categories: Compliance - Tags: Documents required for GST return filing, GST compliance India, GST filing portal login steps, GST filing process, GST return filing fees for businesses, GST return filing for small businesses, GST return filing India, Penalties for late GST filing GST return filing in India is a core compliance obligation for every registered taxpayer and the rules changed significantly in 2025. Filing correctly and on time not only keeps you on the right side of the law, but also protects your Input Tax Credit and shields your business from penalties, interest, and the new three-year permanent filing bar. This updated 2026 guide breaks down the types of GST returns, the step-by-step filing process, current due dates, and the major recent changes every business must know. GST Return Filing is a key part of following regulatory tax rules and getting the most out of the goods and services tax system. Filing correctly and on time not only keeps you on the right side of the law, but also helps keep your business financially healthy, trustworthy, and able to claim tax credits. Whether you're new to GST or have been filing for years, it's important to understand the ins and outs of GST Return Filing. This article breaks down the basics, details and smart ways to file GST returns. It aims to help businesses stay compliant while also saving money where possible. Related: best tax law firm Key GST Changes in 2025–26 You Must Know Before getting into the basics, three major changes have reshaped GST return filing in India and directly affect how you must file: The 3-Year Permanent Time Bar: From the July 2025 tax period onwards, the GST portal permanently blocks the filing of any return (GSTR-1, GSTR-3B, GSTR-4,... --- > Can a RERA tribunal override an arbitration clause in real estate disputes? A real estate lawyer explains homebuyer rights, key rulings & your best forum in 2026. - Published: 2026-08-03 - Modified: 2026-08-03 - URL: https://www.maheshwariandco.com/blog/rera-overer-arbitration-in-real-estate-disputes/ - Categories: Real Estate - Tags: Arbitration Clause in Real Estate, Delayed Possession Legal Remedies, Homebuyer Rights, homebuyer rights RERA, Jurisdictional Conflict, non-arbitrable disputes, Real Estate Disputes, Real Estate Regulation Act, RERA Legal Precedents, RERA overriding arbitration clause, RERA Tribunal, RERA vs Arbitration If you are a homebuyer facing delayed possession, one of the first questions a real estate lawyer will help you answer is this: when your builder's agreement to sale contains an arbitration clause, are you forced into private arbitration, or can you approach the RERA Tribunal instead? This single jurisdictional question decides how fast, how cheaply, and how effectively you recover your money. This blog explains, in practical terms, how RERA overrides arbitration clauses in real estate disputes, what the courts have held, and where a real estate lawyer adds decisive value. One of the most significant contractual breaches made by the Developer under an agreement to sale is the default or delay in delivering possession of the Apartment/plot to the homebuyers. Such delays often give rise to Real Estate Disputes, leading homebuyers to question whether they should approach the RERA Tribunal established under the Real Estate (Regulation and Development) Act of 2016 for the adjudication of their claims or turn to the Arbitral Tribunal established under the Arbitration and Conciliation Act of 1996, especially when an arbitration clause is already present in the agreement to sale. Through this blog, the author aims to analyse various legal provisions, judicial precedents, and specific instances wherein the homebuyer may be entitled to approach the RERA Tribunal for seeking relief despite the existence of an arbitration clause in the agreement to sale. The blog further seeks to resolve the jurisdictional dilemma between the two authorities. Provisions Under the Real Estate Regulatory Authority Act,... --- > The MCA's Companies Compliance Facilitation Scheme 2026 offers reduced fees and penalty immunity for pending filings. Learn eligibility, forms & deadlines. - Published: 2026-07-31 - Modified: 2026-08-03 - URL: https://www.maheshwariandco.com/blog/companies-compliance-facilitation-scheme-2026/ - Categories: Compliance For many businesses, regulatory compliance often takes a backseat while management focuses on growth, expansion and day-to-day operations. However, delayed statutory filings under the Companies Act, 2013 can gradually accumulate into significant additional costs, regulatory scrutiny and legal consequences. Recognising these practical challenges, the Ministry of Corporate Affairs (MCA) has introduced the Companies Compliance Facilitation Scheme, 2026 (CCFS Scheme)—a welcome initiative that offers companies a valuable opportunity to regularise long-pending compliances at substantially reduced costs. With the Scheme available only until 31 August 2026, companies should carefully evaluate whether they can utilise this one-time window to bring their statutory records up to date and avoid unnecessary financial and legal exposure. Why the CCFS Scheme Matters India today has nearly 20 lakh active companies, reflecting the country's rapidly growing entrepreneurial ecosystem and the Government's continued focus on improving the ease of doing business. States such as Maharashtra, Delhi and West Bengal account for a significant share of these registered entities. As businesses continue to grow, many companies—particularly startups, MSMEs, family-owned businesses and inactive companies—often find themselves burdened with pending annual filings, accumulated additional fees and compliance defaults. The CCFS Scheme acknowledges these realities and provides a practical mechanism to help companies restore compliance without bearing the full financial burden of accumulated additional filing fees. Understanding the Scheme Under the Companies Act, 2013, every company is required to file its annual financial statements and annual returns within the prescribed timelines. Delays attract additional fees under Section 403 of the Act read with... --- > The Delhi HC in Laksh Vir Singh Yadav upheld the right to be forgotten under Article 21. Learn how de-indexing balances privacy and public interest. - Published: 2026-07-30 - Modified: 2026-07-30 - URL: https://www.maheshwariandco.com/blog/right-to-be-forgotten-de-indexing-india/ - Categories: Intellectual Property The Delhi High Court, in its recent judgement of Laksh Vir Singh Yadav v. Union of India, stated that the right to be forgotten is an integral part of the Right to Privacy guaranteed under Article 21 of the Indian Constitution. This is a significant hurdle to overcome; however, the guidelines and directions issued by the Delhi High Court chart a possible way of achieving what one thought unachievable due to the never-dying digital footprint of an individual. In Laksh Vir Singh Yadav v. Union of India, the High Court categorically held that disputes that formally resolved through acquittals, discharges, quashings, or mutual settlements, as well as to individuals involved in purely private matrimonial and civil conflicts could be made subject to the Right to be Forgotten. What Is the Right to Be Forgotten in India? Informational privacy i. e an individual’s right to exercise control over their own digital existence has been declared an important facet of the Right to Privacy under Article 21 of the Constitution in the recent judgement. The right to be forgotten becomes pertinent in the digital era, where a person’s most harrowing experiences can be accessed at the click of a mouse. The right to be forgotten ensures that a person is not perpetually defined by past unfortunate events especially if proceedings against such person have ended in acquittals, discharges or mutual settlements. The landmark case of Justice K. S. Puttaswamy v. Union of India brought the Right to Privacy within India’s ambit but... --- > How the Aircraft Accident Investigation Rules 2025 reshape India's AAIB framework — and why institutional independence under Rules 11 and 12 still matters. - Published: 2026-07-29 - Modified: 2026-07-29 - URL: https://www.maheshwariandco.com/blog/aircraft-accident-investigation-rules-2025/ - Categories: Regulatory & Compliance - Tags: AAIB, Administrative Law, Air Safety Investigations, Aircraft Accident Investigation Rules 2025, Aviation Law, Aviation Safety, DGCA, ICAO Annex 13, Indian Aviation Regulation, Institutional Independence Every civil aviation accident triggers two inquiries: one that seeks accountability, and the other that seeks to determine the cause of the accident. Both of them have a distinct purpose. While the former may lead to regulatory, civil or criminal consequences, the latter is directed towards identifying safety deficiencies to prevent recurrence. The effectiveness of such safety investigations depends not only on technical expertise but also on the institutional independence of the investigating authority from the manufacturer, operator and regulator whose conduct may itself come under scrutiny. On November 7, 2025, the Aircraft (Investigation of Accidents and Incidents) Rules were notified by the Ministry of Civil Aviation, replacing the earlier 2017 framework, broadly reflecting this principle of safety and aligning with the ICAO’s Annexure 13. The 2025 Rules expressly recognize that the objective of an accident investigation is to improve aviation safety by identifying causes and contributing factors, rather than attributing blame or determining civil or criminal liability. Why Independence Matters for Aviation Safety Annexure 13 to the Convention on International Civil Aviation issued by the International Civil Aviation Organization (ICAO) establishes independence as the fundamental pre-requisite for credible findings. The rationale behind this is to ensure that the authority which is involved in regulating airspace, certifying aircraft and licensing operators should be held accountable and face challenges regarding the credibility of its findings, no matter what its conclusions are to ensure procedural integrity. This is the reason various jurisdictions have separated safety investigators from safety regulators. Institutional independence extends... --- > How is white collar crime under BNS 2023 punished compared to the IPC? Compare Sections 111, 316, 318 and 336, penalties and recent Indian cases. - Published: 2026-07-28 - Modified: 2026-07-29 - URL: https://www.maheshwariandco.com/blog/white-collar-crime-under-bns-2023-vs-ipc/ - Categories: Criminal Law - Tags: Bank Fraud, Bharatiya Nyaya Sanhita, BNS 2023, Corporate Fraud, Criminal Law India, Economic Offences, IPC 1860, money laundering, Section 111 BNS, White Collar Crime Introduction In contemporary times, with the modernization of crimes, white collar crime has evolved to be a more complex and rapidly growing category of offences. White-collar crimes are different from traditional crimes, where the basic element is breach of trust and fraudulent practices carried out by practicing unethical business with the objective of gaining money. The term ‘white-collar crime’ was initially coined by the criminologist and sociologist Edwin H. Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”. It was basically believed that members of the high strata were most capable and easily able to engage in such illicit activities before Sutherland conceptualized this thing. Unlike other crimes, white-collar crimes are very distinct, as they are harmful to society, and are committed by highly educated and well-influential individuals who have abused their high positions and have acted against their official and ethical responsibilities. In other crimes, the intent may form part of the crime at a later stage, but here the perpetrator is well aware of the consequences of the crime he is committing and has the intent from the beginning. (Rahul Dinesh Surana vs. The Senior Assistant Director, Serious Fraud Investigation Office, Crl. O. P. No. 21728 of 2022) The white-collar crimes include Fraud, Insider trading, Ponzi scheme, identity theft, embezzlement, counterfeiting, spying and tax evasion, also known as espionage. BNS 2023 vs IPC 1860: How White Collar Crime Provisions Compare Recently, in 2023, the new... --- > The Bhartiya Vayuyan Adhiniyam 2024 replaces the Aircraft Act 1934. See what India's new aviation law means for airlines, airports and investors. - Published: 2026-07-27 - Modified: 2026-07-27 - URL: https://www.maheshwariandco.com/blog/bhartiya-vayuyan-adhiniyam-2024/ - Categories: Regulatory & Compliance - Tags: Aircraft Act 1934, Aircraft Leasing India, Aviation Investment India, Aviation Law India, Bhartiya Vayuyan Adhiniyam 2024, Civil Aviation Compliance, DGCA Regulations, Drone Regulations India, Indian Regulatory Updates, MRO India India's aviation industry is entering a defining phase. With passenger traffic continuing to grow, regional connectivity expanding under the UDAN scheme, increasing investment in airport infrastructure, and the Government's vision of establishing India as a global aviation and MRO hub, the legal framework governing civil aviation has undergone its most significant transformation in nearly a century. The enactment of the Bhartiya Vayuyan Adhiniyam, 2024 replaces the colonial-era Aircraft Act, 1934 with a modern legislative framework designed for today's aviation ecosystem. For airlines, airport operators, MRO providers, aviation startups, aircraft lessors, drone companies, investors and financiers, this is far more than a statutory update—it is a regulatory shift that will influence compliance strategies, investment decisions and commercial operations for years to come. Explore More: Civil Aviation Law Firm Why the Bhartiya Vayuyan Adhiniyam, 2024 Matters for Aviation Businesses As India's aviation market expands, businesses require regulatory certainty. Delays in licensing, overlapping regulatory powers, evolving safety obligations and increasing enforcement actions directly impact operational efficiency and investment confidence. The new legislation seeks to address many of these longstanding challenges by: providing clearer institutional responsibilities; strengthening regulatory oversight; aligning Indian aviation law with international standards; and creating a more adaptable framework capable of accommodating emerging technologies. For businesses operating in or investing in the aviation sector, understanding these changes has become an important element of risk management and strategic planning. Key Commercial Takeaways 1. Greater Regulatory Clarity The Act clearly defines the respective roles of the DGCA, BCAS and AAIB, reducing regulatory overlap... --- > Green energy incentives in India are reshaping investment and compliance. Understand the schemes, carbon market rules and legal risks before you commit. - Published: 2026-07-27 - Modified: 2026-07-27 - URL: https://www.maheshwariandco.com/blog/green-energy-incentives-in-india/ - Categories: Green Hydrogen Mission - Tags: Carbon Credit Trading Scheme, Energy Regulatory Compliance, ESG Compliance, Foreign Investment India, Green Energy Incentives, Green Hydrogen, Renewable Energy Law India World Nature Conservation Day: A Regulatory Opportunity for Sustainable Growth World Nature Conservation Day serves as a reminder that economic progress and environmental responsibility are no longer competing objectives—they are complementary pillars of sustainable development. As India accelerates its clean energy transition, the legal and regulatory framework governing renewable energy has become equally significant as the technology driving it. For businesses, investors, manufacturers, infrastructure developers, lenders and multinational corporations, India's green energy ecosystem presents unprecedented opportunities. However, these opportunities are accompanied by an increasingly sophisticated regulatory landscape involving multiple ministries, sectoral regulators, incentive schemes, compliance obligations and evolving carbon market mechanisms. Understanding this regulatory architecture is becoming a strategic business imperative rather than merely a compliance exercise. Explore More: Renewable Energy India's Climate Commitments Are Driving Regulatory Reform India's commitment under the Paris Agreement and the ambitious Panchamrit announcements at COP26 have transformed renewable energy from a policy objective into a national economic strategy. The targets—including 500 GW of non-fossil fuel capacity by 2030, sourcing 50% of electricity from renewable energy, reducing emissions intensity by 45%, and achieving Net Zero by 2070—are driving significant legislative and policy reforms across the energy sector. These commitments have resulted in an incentive-led regulatory framework that seeks to encourage investment while ensuring energy security, domestic manufacturing, technological innovation and long-term sustainability. For businesses entering this sector, regulatory awareness has become as important as commercial viability. The Incentive Ecosystem: More Than Financial Support India's renewable energy framework extends well beyond subsidies. It represents an integrated... --- > Died without a Will? Learn how intestate succession in India works — who inherits under Hindu, Muslim, Christian & Parsi laws, and why estate planning matters. - Published: 2026-07-25 - Modified: 2026-07-25 - URL: https://www.maheshwariandco.com/blog/intestate-succession-in-india/ - Categories: Family Law - Tags: Estate Planning India, Hindu Succession Act 1956, HUF succession, Indian Succession Act 1925, inheritance laws in India, intestate succession, intestate succession in India, legal heir certificate, legal heirs in India, letters of administration, Muslim personal law inheritance, property inheritance without will, succession certificate, wealth succession planning, will drafting Introduction For many families and business owners, wealth is built over decades through dedication, prudent investments, and careful planning. Surprisingly, while significant attention is often given to acquiring assets, comparatively little thought is given to how those assets will pass to the next generation. A common misconception is that family members will automatically inherit property in the manner the deceased intended. In reality, where a person dies without leaving a valid Will, the distribution of assets is governed by statutory succession laws, which may differ significantly from personal expectations. Related: Family Law The absence of proper estate planning frequently results in: disputes among family members; delays in accessing bank accounts, investments and immovable property; prolonged court proceedings; uncertainty for family-owned businesses; and unnecessary financial and emotional costs. Understanding the law governing intestate succession is therefore not merely a legal exercise—it is an essential component of effective wealth management and family governance. Why Intestate Succession Matters The legal framework governing intestate succession determines who inherits, in what proportion, and through which legal process. However, statutory succession cannot account for individual family circumstances. For example: Should one child who has cared for elderly parents receive a larger share? Should a differently-abled child receive additional financial protection? Should a family business pass to the member actively managing it? Should charitable institutions or trusted caregivers receive any benefit? Without a Will, these personal wishes generally have no legal effect. The law follows predetermined statutory rules rather than individual intentions. For entrepreneurs, promoters, professionals and... --- > The CCI IndiGo case shows DGCA oversight does not shield airlines from competition law. We unpack the abuse of dominance probe and its wider impact. - Published: 2026-07-23 - Modified: 2026-07-23 - URL: https://www.maheshwariandco.com/blog/cci-indigo-case-abuse-of-dominance/ - Categories: Regulatory & Compliance - Tags: Abuse of Dominant Position, Antitrust India, Aviation Law India, CCI IndiGo Case, Competition Act 2002, Competition Commission of India, Competition Law, DGCA, InterGlobe Aviation, Regulatory Overlap In early December 2025, widespread flight cancellations by IndiGo disrupted domestic air travel across India, leaving thousands of passengers stranded and contributing to a sharp increase in airfares. The operational disruption soon became a legal one for India's largest carrier. A stranded passenger alleging abuse of dominant position filed a complaint with the Competition Commission of India (CCI). n its preliminary response before the CCI, IndiGo challenged the Commission's jurisdiction rather than responding to the allegations on their merits. This contention was dismissed by the CCI in its order dated February 4, 2026, in Kartikeya Rawal v. InterGlobe Aviation Limited which clarified the principles governing the Commission's jurisdiction alongside that of the Directorate General of Civil Aviation (DGCA). Explore More: Competition Law And Market Dynamics In India’s Aviation Sector Facts and the Case History The legal discussion stemmed from the grievance of an individual passenger. Kartikeya Rawal had purchased an IndiGo ticket for a return journey on the Delhi-Goa-Bengaluru route for INR 7,173/- (Rupees Seven Thousand One Hundred and Seventy-Three only). The flights were cancelled just hours before departure, without offering any alternate arrangements. When he tried to rebook, he found that IndiGo's own fares on the same route had risen sharply, which forced him to travel two days later at a fare of ₹17,000. The hike experienced by him was far from unique because IndiGo's cancellations that week affected an estimated three lakh passengers nationwide. The Ministry of Civil Aviation later fined the airline over ₹22 crore for the... --- > India's FDI inflows may rebound to USD 15 billion in FY27. Learn how FDI compliance in India under FEMA & RBI rules prepares your business for investment. - Published: 2026-07-22 - Modified: 2026-08-14 - URL: https://www.maheshwariandco.com/blog/fdi-compliance-in-india-is-your-business-ready/ - Categories: Foreign Direct Investment - Tags: cross-border transactions, External Commercial Borrowings, FDI Compliance, FDI Policy 2026, FDI Reporting Requirements, FEMA Advisory, FEMA compliance, Foreign Direct Investment India, foreign investment in India, Joint Ventures India, ODI Compliance, RBI regulations India's foreign investment story appears to be entering another growth phase. Recent projections indicate that India's net Foreign Direct Investment (FDI) inflows are likely to rebound to nearly USD 15 billion in FY27, driven by healthy gross inflows, easing repatriation outflows and continued policy support for foreign investment. For businesses, this is more than an encouraging economic indicator—it is a signal that India's investment landscape is becoming increasingly attractive for global investors. However, with increased investment comes increased regulatory responsibility. Explore More: Foreign Direct Investment Law Firm Beyond Investment—the Compliance Challenge Every foreign investment transaction involves far more than capital infusion. Businesses must navigate a complex framework under the Foreign Exchange Management Act, 1999 (FEMA), Reserve Bank of India (RBI) regulations and sector-specific FDI policies. Whether an overseas investor is establishing operations in India or an Indian company is raising foreign capital, compliance obligations arise at every stage of the transaction, including: Structuring the investment route Sectoral caps and government approval requirements Pricing guidelines Share issuance and transfer compliance RBI reporting requirements Beneficial ownership disclosures Cross-border fund flows Exit and repatriation mechanisms Even technically sound commercial transactions may encounter delays or regulatory scrutiny if these requirements are not addressed proactively. What This Means for Businesses The anticipated rise in FDI is expected to generate increased activity across several sectors, including manufacturing, infrastructure, renewable energy, technology, pharmaceuticals and Global Capability Centres (GCCs). Businesses planning expansion, strategic collaborations, joint ventures or overseas investments should evaluate their FEMA compliance framework before executing transactions.... --- > When does a competitor's use of your trademark in meta tags amount to passing off in India? Key tests, court rulings, and how to protect your brand online. - Published: 2026-07-21 - Modified: 2026-07-23 - URL: https://www.maheshwariandco.com/blog/trademark-in-meta-tags/ - Categories: Intellectual Property - Tags: brand protection online, digital brand audit, Google Ads trademark policy, initial interest confusion, Intellectual Property India, keyword advertising trademark, meta tags legal issues, passing off India, SEO and trademark law, Trade Marks Act 1999, trademark in meta tags, trademark infringement Your company has invested years building its brand, improving Google rankings, and earning customer trust. Yet overnight, a competitor begins appearing whenever customers search for your business—using your trademark as a keyword or embedding it within hidden website code. At first glance, it appears to be smart digital marketing. In reality, it could expose both businesses to significant trademark disputes, reputational damage, and costly litigation. As businesses increasingly compete online, the intersection of SEO strategy and trademark law has become a critical risk area for marketing teams, founders, and in-house legal departments alike. Under Indian law, the question is narrower and more technical: When does a competitor’s use of your trademark in SEO and meta tags amount to “passing off”? This article breaks that down in practical, business-friendly terms, with reference to Indian case law and generally accepted legal principles. Explore More: Intellectual Property law firm india What is “passing off” in India? Passing off is a common law remedy. In simple terms, it stops someone from dishonestly riding on the reputation and goodwill of your brand. Indian courts apply a three-fold test (adapted from the classic English case Reckitt & Colman v Borden and followed in Indian decisions, including Cadila Health Care Ltd v Cadila Pharmaceuticals Ltd: Goodwill: You have built up reputation and goodwill in the mark, name, get-up or trade dress. Misrepresentation: The defendant makes a misrepresentation (intentional or not) that is likely to lead the public to believe that their goods or services are yours, or... --- > Bharatiya Vayuyan Adhiniyam 2024 raises the bar on passenger rights. Know the refund, compensation and DGCA compliance rules airlines must follow in India. - Published: 2026-07-20 - Modified: 2026-07-20 - URL: https://www.maheshwariandco.com/blog/bharatiya-vayuyan-adhiniyam-2024-passenger-rights/ - Categories: Regulatory & Compliance - Tags: Air Passenger Rights India, Aircraft Act 1934, Airline Compliance, Aviation Law India, aviation regulatory compliance, Bharatiya Vayuyan Adhiniyam 2024, Civil Aviation Requirements, Denied Boarding Compensation, DGCA Penalties, DGCA Regulations, Flight Cancellation Compensation, Passenger Charter India India's New Aviation Law Raises the Compliance Bar India's aviation sector is expanding at an unprecedented pace. With rising passenger traffic, increasing airline competition, digital ticketing platforms and growing consumer awareness, passenger disputes have become a significant regulatory and reputational concern. The enactment of the Bharatiya Vayuyan Adhiniyam, 2024 marks one of the most important reforms in Indian civil aviation in decades. While much attention has focused on the replacement of the colonial-era Aircraft Act, 1934, the more significant development for airlines and aviation businesses is the Government's clear intention to strengthen regulatory oversight and improve enforcement of passenger rights. For airlines, airport operators, charter operators, travel aggregators and aviation service providers, passenger rights are no longer merely a customer service issue—they have become an integral part of regulatory compliance, operational governance and brand management. This article examines how the new legal framework reshapes passenger rights and what businesses operating in the aviation ecosystem should be doing to minimise regulatory and commercial risk. A Shift from Administrative Guidance to Stronger Statutory Oversight For many years, passenger rights in India were primarily governed through the Directorate General of Civil Aviation's (DGCA) Civil Aviation Requirements (CARs) and the Ministry of Civil Aviation's Passenger Charter. Although these regulations provided detailed guidance on compensation, refunds and passenger facilities, enforcement largely depended upon administrative mechanisms. The Bharatiya Vayuyan Adhiniyam, 2024 changes this landscape by providing a stronger legislative foundation for aviation regulation. Together with the existing CARs and India's obligations under the Montreal Convention, the... --- > AI regulations in Indian courts explained: key rules in the 2026 draft, how they compare with the EU AI Act and US laws, and what businesses must do now. - Published: 2026-07-20 - Modified: 2026-07-21 - URL: https://www.maheshwariandco.com/blog/ai-regulations-in-indian-courts/ - Categories: Information Technology - Tags: AI Compliance, AI Governance, AI in Courts, AI regulations in India, Artificial Intelligence Law, DATA Protection, DPDPA 2023, EU AI Act, legal tech, Supreme Court of India, Technology Law, US AI Laws Artificial Intelligence has rapidly moved from being an efficiency tool to becoming a strategic business asset. However, as organisations increasingly rely on AI for decision-making, content generation, legal support and customer engagement, regulators across the world are introducing comprehensive governance frameworks to address concerns around transparency, accountability and data protection. India's proposed Regulations for Use of Artificial Intelligence in Courts, 2026, issued by the Supreme Court, are another significant step in this evolving landscape. Although directed at judicial institutions, the draft regulations provide valuable insights into the standards of AI governance that businesses, legal departments, technology providers and AI developers should begin preparing for. Explore More: Artificial Intelligence Why This Matters for Business Although the regulations are intended for courts, they reflect broader regulatory expectations regarding AI governance in India. Organisations that use AI-powered legal tools, document automation, contract review systems, compliance software or generative AI platforms should closely monitor these developments. The draft reinforces several principles that are increasingly becoming global best practices: Human oversight over AI-generated outputs Transparency regarding AI usage Accountability for AI-generated errors Data governance and cybersecurity Regular auditing of AI systems India’s ai draft rules India’s draft “Regulations for Use of Artificial Intelligence in Courts, 2026” takes a very clear stance: AI can assist the justice system, but it cannot replace human judges. The proposed regulations are intended to govern the use of AI in judicial, adjudicatory and administrative functions of the Supreme Court, High Courts, tribunals and statutory commissions performing adjudicatory functions. The draft... --- > Facing wrongful termination in India? Know your remedies under the Industrial Relations Code 2020, reinstatement, back wages, compensation and how to file. - Published: 2026-07-18 - Modified: 2026-07-18 - URL: https://www.maheshwariandco.com/blog/wrongful-termination-in-india/ - Categories: Employment - Tags: back wages, domestic enquiry, employee rights India, Employment Law, illegal termination, Industrial Relations Code 2020, Industrial Tribunal, labour law India, natural justice, retrenchment, retrenchment compensation, termination of employment, unfair dismissal, unfair dismissal in India, wrongful termination India Introduction The recent overhaul of Indian labour laws has clarified several aspects of job security, particularly the distinction between lawful termination, retrenchment and unfair dismissal. It has also required both employers and employees to revisit how termination decisions are assessed under the Industrial Relations Code, 2020. Against this backdrop, the procedure to be followed in cases of wrongful termination, as opposed to lawful termination or retrenchment, assumes practical importance not only for lawyers but also for anyone entering the modern workforce. The article therefore examines wrongful termination, retrenchment, procedural safeguards and remedies under the Code, including the circumstances in which reinstatement, backwages or compensation may be granted. This article explains the technical definitions that shape the labour law landscape and breaks down the essential legal mechanisms and procedural safeguards available to an employee or worker challenging an unfair termination. Explore More: Labour & Employment Law Firm Definitional challenges There is a marked difference between a “worker” and an “employee” despite laymen using the terms interchangeably. The significance of understanding these definitional clauses lies in the fact that only persons that fall within the ambit of these definitional clauses may avail the recourses and remedies. Workers are defined under Section 2(zr) of the Industrial Relations Code, 2020 (hereinafter, “Code”) as persons employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work. Pertinently, the definition does not include apprentices, which are covered under Apprentices Act, 1961 i. e. persons employed in managerial or administrative capacity, and supervisory... --- > EPF Scheme 2026 replaces the 1952 framework. Know the key compliance changes for private employers, from digital filings to the revised penalty regime. - Published: 2026-07-16 - Modified: 2026-07-16 - URL: https://www.maheshwariandco.com/blog/epf-scheme-2026/ - Categories: Employment - Tags: Code on Social Security 2020, Employees Provident Fund, Employment Law India, EPF Amnesty 2026, EPF Scheme 2026, HR Compliance India, Labour Law Compliance India, Principal Employer Liability, Provident Fund for Employers On 29 June 2026, the Ministry of Labour and Employment notified the Employees' Provident Fund Scheme, 2026 (hereinafter ‘Scheme’) under Section 15 of the Code on Social Security, 2020, formally replacing the Employees' Provident Fund Scheme, 1952. At first glance, the notification appears to be a significant legislative shift. However, a closer reading reveals that the Scheme is less a departure from the existing provident fund regime and more a continuation of it under a new statutory framework. For most private employers, the core obligations relating to provident fund contributions, employee membership and record maintenance remain substantially unchanged. The more meaningful changes lie in the Scheme's emphasis on digital compliance, its alignment with the Code on Social Security, 2020, and a more balanced enforcement framework that seeks to encourage compliance rather than merely penalise default. Against this backdrop, employers should view the Scheme not merely as a replacement of the 1952 framework, but as an opportunity to reexamine internal compliance processes and governance mechanisms. Explore More: Labour & Employment Law Firm The New Legislative Framework The most significant legal change introduced by the Scheme is structural rather than substantive. The new regime now derives its authority from the Code on Social Security, 2020 instead of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. This transition aligns provident fund administration with the broader objective of consolidating India's labour laws into a unified statutory framework. While the legislative foundation has changed, the fundamental principles governing employer contributions, employee membership and provident... --- > How the AWAS v DGCA ruling on IDERA and aircraft deregistration shaped the Cape Town Convention Act 2025, and what it means for lessors in India. - Published: 2026-07-14 - Modified: 2026-07-15 - URL: https://www.maheshwariandco.com/blog/cape-town-convention-act-2025/ - Categories: Banking & Finance - Tags: Aircraft Deregistration India, Aircraft Financing, Aircraft Leasing India, Aircraft Protocol, Aircraft Repossession, Aircraft Rules 1937, Aviation Law India, AWAS v DGCA, Cape Town Convention Act 2025, DGCA, Go First Insolvency, IBC and Aviation, IDERA, Lessor Rights Leasing in Aviation Sector is dependent on the lessors’ ability to recover the aircraft quickly in case the lessee airline defaults. However, delays in deregistration cause financing risk and ultimately raise the borrowing costs for airlines. The Delhi High Court’s ruling in AWAS 39423 Ireland Ltd. v. DGCA holds immense significance in this context. Almost a decade later, following the developments in the Indian Aviation, such as the Go First Insolvency and the enactment of Cape Town Convention Act, 2025; there is a need to revisit the judgment from a fresh perspective. Explore More: Civil Aviation Law Firm The adoption of the Cape Town Convention, 2001(hereinafter “Cape Town Convention”) and the Aircraft Protocol, 2001 (hereinafter “Aircraft Protocol”) was a decisive step in establishing an efficient legal regime for governing aircraft repossession and deregistration. Both these legal instruments established a uniform international framework for the protection of rights of creditors, lessors and financiers by providing efficient remedies upon default. One of the most significant developments was the introduction of Irrevocable Deregistration and Export Request Authorisation ("IDERA"), which enables the authorised party, including a lessor or financier, to procure the deregistration and export of an aircraft upon contractual default by the lessee. Upon acceding to the Aircraft Protocol and the Cape Town Convention in 2008, India filed declarations recognising creditor rights, including prompt deregistration of aircraft when an airline defaults under Article XIII of the Aircraft Protocol. However, these international obligations operated without a comprehensive domestic legislative framework, thereby compelling the courts... --- - Published: 2026-07-13 - Modified: 2026-07-13 - URL: https://www.maheshwariandco.com/blog/governance-and-legal-risk-in-aviation-mergers-the-boeing-mcdonnell-douglas-case/ - Categories: Corporate & Commercial Mergers in heavily regulated, safety- critical industries present a distinct category of legal risk, one that extends well beyond the antitrust clearance that dominates deal headlines. The 1997 merger between The Boeing Company and McDonnell Douglas Corporation remains the paradigmatic illustrations of this proposition. Structured as a stock- for- stock combination valued at approximately 13. 3 billion Dollars, the transaction cleared regulatory review with conditions that appeared, at the time, to adequately address competitive concerns. Yet the governance architecture adopted in the aftermath of the deal is now widely cited by regulators, litigants, and corporate governance scholars, as a contributing factor in the systemic failures that culminated in the 737 MAX grounding some two decades later. For legal practitioners advising on mergers in regulated sectors, the Boeing- McDonnell Douglas transaction offers a cautionary study in the limits of antitrust- centric deal review and the enduring importance of post- merger governance integration. Deal Structure and Regulatory Clearance At the time of the Merger, Boeing and McDonnell Douglas were two of only three major manufactures of large commercial aircraft, the third being the European consortium Airbus. A combination of this magnitude would ordinarily invite intense scrutiny under Section 7 of the Clayton Act, which prohibits acquisitions whose effect may be substantially to lessen competition. The Federal Trade Commission, however, closed its investigation without imposing conditions, reasoning that McDonnell Douglas's commercial aircraft division was no longer a meaningful competitive constraint on Boeing, its commercial order book had dwindled, and its long-term viability as... --- > A predicate offence under PMLA is the legal trigger for every ED probe. Here's why it matters and what happens when the underlying case collapses. - Published: 2026-07-09 - Modified: 2026-07-09 - URL: https://www.maheshwariandco.com/blog/predicate-offence-under-pmla/ - Categories: Criminal Law - Tags: ECIR, ED Investigation, Enforcement Directorate, financial crime law, money laundering law india, PMLA, PMLA proceedings quashed, predicate offence, Proceeds of Crime, scheduled offence, White-collar crime India Introduction The Directorate of Enforcement (ED) is one of the few enforcement agencies in the Indian white-collar crime space that commands the most attention. Armed with the powers under the draconian provisions of the Prevention of Money Laundering Act, 2002 (PMLA), the ED is busy investigating high-profile cases of multi-crore financial frauds, political corruption and corporate irregularities. However, it is a misconception that the ED can launch a money laundering probe on a whim, on the discovery of a financial irregularity. In fact, the legal trigger for any ED action is based on a fundamental concept called the “Predicate Offence”. Explore More: Enforcement Directorate Lawyer in India Defining The Predicate Offence Under PMLA To understand a predicate offence (interchangeably referred to as a "scheduled offence"), one must look at how the PMLA structures the crime of money laundering. Under Section 3 of the PMLA, money laundering is defined as directly or indirectly attempting, knowingly assisting, or being involved in any process or activity connected with the "proceeds of crime". The crucial link here is the term "proceeds of crime," which is explicitly defined under Section 2(1)(u) of the Act: “"proceeds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property. ” A scheduled offence, defined under Section 2(1)(y), is an offence listed systematically within Parts A and B of the Schedule of the PMLA Act. This extensive Schedule... --- > Explore competition law in aviation sector in India, CCI's role, cartelisation risks, Sections 3 & 4 of the Competition Act, and airline liability. - Published: 2026-07-08 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/competition-law-in-aviation-sector-in-india/ - Categories: Regulatory & Compliance - Tags: abuse of dominance, airline pricing regulation, anti-competitive agreements, Aviation Law India, aviation regulatory compliance, cartelisation, CCI, Competition Act 2002, competition law India, Indian Aviation Sector, oligopoly market, Section 3 Competition Act Over the last two decades, India's civil aviation sector has undergone a remarkable transformation, driven by economic liberalisation, increased private sector participation, growing passenger demand, and sustained investment in airport infrastructure. Today, India is recognised as one of the world's fastest-growing aviation markets, supported by a rapidly expanding middle class, rising disposable incomes, and government initiatives aimed at strengthening regional and international connectivity. The sector's growth has significantly improved connectivity, promoted trade and tourism, generated employment, and contributed to the country's economic development. At the same time, the domestic airline industry has evolved into a highly concentrated market, where a limited number of airlines account for a substantial share of passenger traffic. Such a market structure is commonly described as an oligopoly. An oligopolistic market is not inherently anti-competitive. However, the presence of a small number of dominant market participants creates conditions where airlines closely monitor one another's pricing, capacity, route networks, and commercial strategies. This raises important competition law concerns, particularly where independent commercial conduct may be misunderstood for unlawful coordination. One of the most significant concerns in such markets is cartelisation. A cartel involves an agreement or understanding between competing enterprises to coordinate their commercial conduct, such as fixing prices, allocating markets, restricting capacity, or rigging bids. These arrangements undermine competition by reducing consumer choice, increasing prices, and discouraging innovation. Consequently, the Competition Commission of India (CCI) plays a crucial role in preserving competitive markets while recognising that similarities in commercial behaviour may legitimately arise from common economic... --- > India USTR Priority Watch List explained: 15 years of patent disputes, Section 3(d), compulsory licensing, and how the 2026 EU FTA shifts the equation. - Published: 2026-07-07 - Modified: 2026-07-13 - URL: https://www.maheshwariandco.com/blog/india-ustr-priority-watch-list-eu-fta/ - Categories: Intellectual Property - Tags: compulsory licensing, Data Exclusivity, India EU FTA 2026, India Priority Watch List, IP Law India, pharmaceutical patents India, Section 3(d) Patents Act, Trade Secrets Law, TRIPS Agreement, US India Trade Relations, USTR Special 301 Report Introduction For over 15 years, the United States Trade Representative has retained India on its “Priority Watch List “under the annual special 301 report (a congressionally mandated annual review of the global state of intellectual property rights protection and enforcement). This reflects ongoing US frustration over continuous challenges in India's intellectual property protection, enforcement gaps and restrictive market access barriers. The clash between them is because of US government strict corporate IP protection laws and India's efforts to prioritize domestic public interest, affordable healthcare and legal sovereignty. 8 countries are currently on the priority watch list: Argentina, Chile, China, Indonesia, Russia, India, Mexico and Venezuela. Priority Watch List means countries with serious IP deficiencies that warrant bilateral attention and action plans. Mainly India, China and Russia are historically placed for ongoing market access and counterfeiting issues. The India-EU FTA was signed in January 2026 and stated as “Mother of all deals”. Special 301 status acts as an aggressive diplomatic pressure tool that signals that the US will prioritize heavy bilateral pressure through channels like US-India trade policy forum. Explore More: Patent Attorneys in India Special 301 Report: Statutory Mandates And Scope The 301 report is the annual report that is issued by US trade representatives mandated by Section 182 of US Trade Act 1974, which was first published in 1989 with the purpose to identify the countries whose IPR regimes negatively affect US businesses and to encourage improvements in global IP environment. According to section 182 of the Trade Act,... --- > ESG disclosure in aviation now demands proof before claims. Explore greenwashing rulings, SEBI BRSR gaps & compliance steps for airlines across EU, UK, India. - Published: 2026-07-06 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/esg-disclosure-in-aviation/ - Categories: Regulatory & Compliance - Tags: Airline Sustainability Claims, ASA Rulings, Aviation Law, Consumer Protection Law, Cross-Border Compliance, CSRD Compliance, Environmental Claims Regulation, ESG Disclosure, Greenwashing, SEBI BRSR, Securities Disclosure, Sustainable Aviation Fuel Airlines are increasingly finding that promotional language about sustainability doesn't hold up once regulators start asking for proof. This piece traces that pressure point through recent decisions by the UK's Advertising Standards Authority against carriers including Lufthansa, Etihad, Air France, and Virgin Atlantic, and places those decisions alongside newer disclosure requirements taking shape across the EU, the US, and India. The central argument is that enforcement itself has changed character: rather than waiting for a claim to be challenged and disproven, regulators now expect companies to have evidence in hand before a claim is ever published. To make that risk easier to navigate, the discussion is organized around four distinct exposure types- advertising and consumer protection, securities disclosure, civil litigation, and gaps in enforcement infrastructure, before turning to the added difficulty multinational carriers face when a claim acceptable in one country remains legally risky in another. It ends with a short set of compliance recommendations aimed at legal and sustainability teams working across several regulatory systems at once. Explore More: Civil Aviation Law Firm Why Regulators Are No Longer Waiting for Airlines to Prove Their Green Claims Three airlines, one ruling. In December 2023, the UK's Advertising Standards Authority pulled ads from Air France, Lufthansa, and Etihad in a single sweep. None of them had lied outright. The language was the soft, reassuring kind, such as, "committed to protecting the future," "fly more sustainably" that is the sort of phrasing that sounds fine until someone asks you to prove it.... --- > Learn how pharmaceutical patent in India balance TRIPS obligations with public health through compulsory licensing, Section 3(d) and generic drug access. - Published: 2026-07-06 - Modified: 2026-07-06 - URL: https://www.maheshwariandco.com/blog/pharmaceutical-patent-in-india-trips/ - Categories: Intellectual Property - Tags: compulsory licensing, Doha Declaration, generic drugs India, Indian Patent Law, Natco Bayer case, Novartis Glivec case, patent evergreening, pharmaceutical patents India, public health and patents, Section 3(d) Patents Act, TRIPS Agreement Introduction A disease is not capable of discrimination, however, access to treatment often does discriminate. Around the world, there are millions stuck in a cycle of poverty, leading to poor nutrition and health, life-long. Just like limited access to food and nutrition, this section of the society has limited to absolutely no access to medical needs or affordable medication. Around the same world, are global pharmaceutical giants, spending large amount of time, effort and money in research and development of new and specialized pharmaceutical products. It is important to understand the interests of these pharmaceutical players and life sciences companies; however, balancing these interests against the needs of millions living in poverty remains a significant challenge. Innovation and access to medicines is therefore, exist in a state of constant tension. The patent system in India tries to maintain this balance by having patent rules and safeguards that also simultaneously protect public interest. Tools such as compulsory licensing and restrictions on patent evergreening are some of such safeguards. The aim is to make ensure access to affordable medicines and also at the same time, encourage pharmaceutical companies to engage in Research and Development. Explore More: Intellectual Property law firm india Pharmaceutical Patent Architecture & TRIPS India, as a founding Member of the World Trade Organization (WTO), became bound by the TRIPS Agreement in 1995. India’s commitments to the TRIPS obligations were complete when product patent protection for pharmaceuticals and agrochemicals was introduced in 2005. The Indian Patent framework has been created... --- > Explore the draft Supreme Court AI Regulations 2026 — permitted AI uses, prohibitions, liability rules and governance framework for Indian courts. - Published: 2026-07-04 - Modified: 2026-07-06 - URL: https://www.maheshwariandco.com/blog/supreme-court-ai-regulations-2026/ - Categories: Information Technology - Tags: AI Governance India, AI in Indian Courts, AI in Legal System, AI Liability India, Artificial Intelligence in Judiciary, Court Technology, DPDPA 2023, Draft AI Regulations India, Judicial Independence, Legal Technology India, Supreme Court AI Regulations 2026, Supreme Court of India I. Introduction On June 3rd, 2026, the Supreme Court of India released a preliminary draft named ‘‘Regulations for Use of Artificial Intelligence (AI) in Courts, 2026’, regulating the usage of artificial intelligence in the courts across India. These regulations play a major role in the promotion of the adoption of the use of artificial intelligence across the judicial system while upholding the principle of judicial independence, data protection, transparency, accountability and the principle of primacy. Currently, the draft has been published and is in a nascent phase, inviting comments and suggestions from the relevant stakeholders by 20th June 2026. The regulation, upon coming into force, will have its application across all judicial, administrative and adjudicatory functions of the Supreme Court and all other courts, tribunals and statutory commissions. The regulation, through its principles and exhaustive lists, has sought to delineate areas in which the use of artificial intelligence can be employed for assistive and administrative purposes, and where its use must be replaced by human intellect. Furthermore, the regulations establish institutional mechanisms responsible for policy formulation and execution, grievance redressal, specialised capacity building, and training methodologies. As the consultation process is currently awaiting comments and suggestions from the stakeholders, the far-reaching implications and effects of the integration of artificial intelligence in the justice system warrant closer scrutiny. Explore More: Artificial Intelligence II. Guiding Principles Of The Draft Regulations The regulations strive to strike a balance between “complement” and “compromise” by nullifying overreach and limiting the usage to assistive purposes. “Regulation... --- > The Corporate Laws Amendment Bill 2026 reshapes compliance for company secretaries. Decriminalisation, NFRA powers, buy-back rules and more explained. - Published: 2026-07-03 - Modified: 2026-07-06 - URL: https://www.maheshwariandco.com/blog/corporate-laws-amendment-bill-2026-cs-guide/ - Categories: Corporate - Tags: Companies Act 2013, Company Secretary Compliance, Corporate Laws Amendment Bill 2026, Decriminalisation of Corporate Offences, IBBI Valuation Authority, LLP Act 2008, NFRA On 23 March 2026, Nirmala Sitharaman brought forward the Corporate Laws (Amendment) Bill, 2026 (Bill No 85 of 2026) in Lok Sabha. Very likely this Bill is the biggest change to the Companies Act, 2013 and Limited Liability Partnership Act, 2008 that the government has made in one shot. The Bill with 107 clauses is a continuation of the Company Law Committee Report, 2022 and High-Level Committee on Non-Financial Regulatory Reforms, 2025. At the moment, it has been handed over to the 31-member Joint Parliamentary Committee (which on 24 June 2026 also considered the Finance Ministry and National Financial Reporting Authority (NFRA) submissions) for deliberation and submission of the report is due by the Monsoon Session. For the Company Secretaries, the passing of this Bill will be a total transformation of the compliance calendars, board meetings and risk sharing categories. Explore More: Corporate Law Firm in India From Criminal Liability to Civil Adjudication The main focus of the Bill is on decriminalization. xa A number of procedural defaults e. g. , deliberately not providing information to the Registrar, violation of the prescribed Rules, failing in the maintenance of books of account, and not responding to the Registrar’s requisitions get shifted from being offences punishable with imprisonment to being civil penalties to be decided through a new electronic In-House Adjudication Mechanism. Minor filing or documentation irregularities which earlier imposed personal criminal liabilities on promoters, directors, and KMPs will now result in mere monetary penalties imposed administratively, lowering litigation risks without weakening... --- > Understand DGCA's Comprehensive Special Audit framework, its scope, findings classification, and what it means for Indian aviation compliance. - Published: 2026-07-01 - Modified: 2026-07-06 - URL: https://www.maheshwariandco.com/blog/dgcas-comprehensive-special-audit/ - Categories: Regulatory & Compliance - Tags: Aerodrome Operators, Air Navigation Services, Aviation Compliance, Aviation Law India, Aviation Risk Management, Aviation Safety Oversight, Civil Aviation Regulation, Comprehensive Special Audit, Corrective Action Plan, DGCA, DGCA Circular 2025, MRO Compliance, Regulatory Audit India, Safety Management Systems The Directorate General of Civil Aviation ("DGCA") has introduced a significant reform to India's aviation safety oversight framework through General Safety Circular No. 01 of 2025 dated 19 June 2025 (the "Circular"), which establishes the Comprehensive Special Audit ("CSA"). The Circular marks a departure from the traditional inspection-based approach by introducing a more integrated method of assessing aviation organisations. Historically, regulatory inspections have concentrated on specific operational functions such as flight operations, airworthiness or aerodrome standards. While this approach ensured technical compliance within individual domains, it often failed to capture organisational issues that cut across multiple functions. The CSA seeks to address this gap by enabling the DGCA to assess an organisation's governance, safety management systems and operational processes as an interconnected whole. Explore More: Civil Aviation Law Firm The introduction of the CSA also reflects the growing complexity of India's aviation sector. With expanding fleets, increasing passenger traffic and greater reliance on technology, aviation safety depends not only on compliance with individual regulatory requirements but also on the effectiveness of organisational systems and risk management practices. In pursuance to the same, the Circular represents an important step towards strengthening safety oversight through a more comprehensive and risk-oriented regulatory framework. Why the DGCA Introduced the CSA Before the issuance of the Circular, the DGCA exercised oversight through specialised Directorates, each responsible for a distinct area of civil aviation. The Flight Standards Directorate supervised flight operations, the Airworthiness Directorate oversaw maintenance and continuing airworthiness, while other Directorates regulated areas such as... --- > AI fashion design copyright India remains legally unsettled. Learn who owns AI-generated designs, what the DPIIT Working Paper says, and what brands must do now. - Published: 2026-06-29 - Modified: 2026-06-30 - URL: https://www.maheshwariandco.com/blog/ai-fashion-design-copyright-india/ - Categories: Intellectual Property - Tags: AI authorship India, AI copyright India, AI-generated design ownership, Designs Act 2000, DPIIT Working Paper 2025, fashion design law, fashion IP law, fashion law, generative AI law India, generative AI policy, Indian Copyright Act, Intellectual Property India, Section 2(d)(vi) Copyright Act Introduction Type a prompt into any generative artificial intelligence program requesting for an elegant red chiffon dress with a chiffon overlay, bell sleeves and intricate sequin detailing. A finished design would be produced within seconds, with several options for colours, different textile prints and unique silhouettes drawn from millions of scraped images, photographs from the runway and designer sketches. Copyright of these belong to the real designers and photographers, who have never been approached for any consent whatsoever prior to such usage. Such instances lead to two fundamental questions. Did the AI model unlawfully use someone else's copyrighted work to produce its results? And if it did not, who is the actual owner of the result - the prompter, the AI model, or no one at all? Indian copyright law has no settled answer to either of these questions, and fashion is where the absence will be felt first. Explore More: Fashion Law Firm In India Current Indian Fashion-IP Architecture Before asking how AI disrupts fashion's IP framework, it helps to see what that framework already looks like, since Indian law was a patchwork before AI arrived. Fashion sits across two statutes that were never designed to work together. Section 13 of the Copyright Act, 1957 read with "artistic work" in Section 2(c) of the Copyright Act, 1957 protects original artistic works sketches, illustrations, surface patterns and art work. The Designs Act, 2000 separately protects an article's visual appearance once industrially produced, such as the shape, configuration, pattern, ornamentation. The... --- > Understand India's airport privatisation legal framework — PPP concessions, AERA regulation, airline rights, and passenger protections explained. - Published: 2026-06-27 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/airport-privatisation-india/ - Categories: Energy & Infrastructure - Tags: AAI Act, AERA Act 2008, AERA India, Aeronautical Services India, Airport Concession Agreement, Airport Infrastructure India, Airport Privatisation India, Aviation Law India, DGCA Regulations, Fuel Throughput Charge, Indian Aviation Regulation, Montreal Convention India, OMDA Agreement, Passenger Rights Aviation India, PPP Framework India, Private Airport India, TDSAT Airport Disputes, User Development Fee Airports in India were, for much of the country's post-independence history, owned and operated almost exclusively by the State. Nearly all the civil airports of importance in the country were owned by and operated by the Airports Authority of India (“AAI”), which was established in 1995 by a merger between the erstwhile International Airports Authority of India and the National Airports Authority. This position began to change in the early 2000s, when the government felt that the magnitude of modernisation required for Indian aviation could only be achieved with public funding alone. The result is the Public-Private Partnership (“PPP”) framework that now governs most major Indian airports, and forming the subject of this article. Explore More: Civil Aviation Law Firm It is important to appreciate the legal significance of the term “privatisation” in the context of Indian airports, as the expression is frequently used imprecisely. The airport assets themselves have not been transferred to private ownership. Rather, the Airports Authority of India (“AAI”) continues to retain ownership of the underlying land and airport infrastructure, while granting to a private concessionaire the right to undertake the operation, management, development and maintenance of the airport for a specified concession period, typically ranging from thirty to fifty years. Such arrangements are structured as concession-based leasehold rights and do not involve any transfer of title to the airport assets. The distinction is of considerable legal significance, particularly in determining the allocation of statutory obligations, contractual responsibilities and liability between AAI and the private airport... --- > Indian companies face court delays & IP leaks in cross-border disputes. WIPO arbitration offers faster, confidential, enforceable resolution. Here's what you need to know. - Published: 2026-06-25 - Modified: 2026-06-25 - URL: https://www.maheshwariandco.com/blog/wipo-arbitration-for-ip-disputes-in-india/ - Categories: Intellectual Property - Tags: Arbitration and Conciliation Act 1996, Booz Allen Hamilton SBI, Cross-Border IP Disputes, Foreign Award Enforcement India, Intellectual Property Arbitration, IP Arbitration Clause, IP Disputes India, New York Convention India, Patent Dispute India, Rights in Rem Arbitration, Trade Secret Protection India, Trademark Arbitration India, Vidya Drolia Case, WIPO Arbitration, WIPO Mediation Center Introduction In any corporation, nowadays, Intellectual Property (IP) assets such as patents, trademarks, copyrights technical know-how and/or licenses represents a significant portion of a company’s actual value. As businesses today, have substantially increased their indulgences in cross border transactions, disputes over IP are correspondingly likely to span over multiple jurisdictions. India has made significant efforts to improve its institutions for handling of such cross-border IP disputes. One of the major step towards this directions was making the former Intellectual Property Appellate Board (IPAB) in 2021 obsolete and establishing a dedicated Intellectual Property Divisions (IPDs) in its several High Courts. Despite these institutional reforms, the conventional hurdles for litigation in India has made India as less favourable country for resolving cross-border disputes. This article moots for contract based multi jurisdiction complex contractual IP disputes are better adjudicated by World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, which offers more efficient, confidential and economically beneficial resolutions. The weaknesses of traditional Indian courts, when compared with the advantages of WIPO arbitration, make it clear why private arbitration is often the best way to protect IP rights of corporates. Explore More: Arbitration Law Firm in India Limitations of Traditional Litigations in India Even though India has set up specialized commercial courts, traditional lawsuits still pose significant risks that can harm the commercial value of an IP asset. Procedural delays and the absence of adjudicatory mechanisms that are adequately oriented toward technical expertise have taken away confidence of foreign corporations that come for dispute... --- > Understand the legal structure of India's UDAN scheme, how Viability Gap Funding works, and what airline operators must know before bidding. - Published: 2026-06-23 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/udan-scheme-viability-gap-funding-explained/ - Categories: Regulatory & Compliance - Tags: Airline Operators India, Airports Authority of India, Aviation Law India, Aviation Regulation India, Infrastructure Law India, Ministry of Civil Aviation, Modified UDAN, National Civil Aviation Policy, Regional Air Connectivity, Regional Connectivity Fund, Route Dispersal Guidelines, SAO Concession Agreement, UDAN Scheme, VGF Subsidy, Viability Gap Funding Democratisation of air travel has been a policy priority for India to promote balanced economic development and to improve regional air connectivity. UDAN scheme is one such example that represents this significant initiative in furtherance of such an objective. This scheme was introduced in 2016, under the National Civil Aviation Policy, and it was operationalised through a tripartite framework agreement between the Ministry of Civil Aviation, the Airports Authority of India, and participating state governments. The scheme rests on an uncomplicated but legally precise pillar: a competitive bidding process. Airlines surrender fare autonomy on a defined share of seats in exchange for a government-funded Viability Gap subsidy. Their rights and obligations are governed by a concession agreement enforced by the Airports Authority of India (AAI). Explore More: Aviation Law Firm From Mandatory Route Obligations to Incentive-Based Contracting UDAN was preceded by the Route Dispersal Guidelines (RDG), 1994. The 1994 Route Dispersal Guidelines were designed to encourage regional connections requiring airlines to deploy a prescribed percentage of their capacity on specified underserved routes and regions. But compliance and enforcement were low, limiting their effectiveness. To overcome this gap, UDAN offered financial incentives to the airlines based on regulatory requirements for operating services on regional routes, thus making it more lucrative to operate services on regional routes. This move from mandate to subsidy was thus a jurisprudential one, rather than a policy one it was an admission that compliance with regulation is not sufficient to secure compliance with behaviour in commercial aviation,... --- > Explore how legal tech in M&A boosts efficiency in due diligence and drafting, plus the data security and accuracy risks every law firm should know. - Published: 2026-06-19 - Modified: 2026-06-22 - URL: https://www.maheshwariandco.com/blog/legal-tech-in-ma-benefits-and-risks/ - Categories: Mergers & Acquisitions - Tags: Artificial Intelligence, contract review, data security, DPDP Act, due diligence, e-discovery, legal automation, legal drafting, legal tech, litigation support, M&A Merger and Acquisitions are in inherently complex transaction, often involving investments running into millions of dollars. To ensure complete details of the transaction are taken care of and no critical detail is overlooked, legal professionals involving lawyers and paralegals are increasingly turning to AI as a tool of precision on efficiency. This very resilience gives arise to the fundamental question i. e. , Is AI a genuine boon for the legal fraternity or does it carry a hidden challenges that warrant closure scrutiny. The integration of technology into our daily lives has enhanced connectivity and has enlarged access to knowledge in varieties of field. However, this hyper interdependence has, in certain respects, limited our scope of natural learning and adaptability. Explore More: Corporate Law Firm in India Benefits of AI Automated Proofreading and Editing A very crucial part of a lawyer’s life includes proofreading and making sure that all drafts and documents are true to its actual sense. AI helps herein for removing in any kind of inconsistencies in respect to grammar, words, and other styles in a document, further, it substantially reduces time spent on hours spent for manual searches to find errors and increases efficiency and quality by using the apt words allowing the budding associates to furnish their understanding on a piece of paper in the right professional sense. Contract Review and Due Diligence Review With Clients using AI and getting to the “know-how” of the transaction and drafting of agreements even before consulting the lawyer, AI... --- > PROG Rules 2026 reshape India's online gaming industry with a new regulator, game classifications, and a ban on real-money games. Here's what to know. - Published: 2026-06-18 - Modified: 2026-06-19 - URL: https://www.maheshwariandco.com/blog/prog-rules-2026-india-online-gaming-law/ - Categories: Sports - Tags: E-Sports Regulation India, Gaming Law 2026, Indian Gaming Regulation, MeitY Gaming Rules, OGAI, Online Gaming Authority of India, Online Gaming Compliance, Online Gaming Law India, Online Money Game Ban, PROG Act 2025, PROG Rules 2026, Real Money Gaming India The Indian online gaming industry has grown at a pace that has always surpassed the legal framework meant to regulate it. For years, the void was filled with a complex web of state level regulations, court decisions on the “skill vs chance” argument, and informal industry self-regulation. That era formally came to an end on 1st May, 2026 when the Promotion and Regulation of Online Gaming (PROG) Rules, 2026 came into force operationalising the landmark Promotion and Regulation of Online Gaming Act, 2025 enacted by the Parliament in August last year. This is not an incremental policy adjustment. Explore More: Sports and Gaming The Legislative Foundation The PROG Act, 2025 was passed in the Parliament in August 2025 and the legislation is brought to protect the citizens from the harms of online money gaming and also to create the conditions for India to become a global hub for e-sports and digital gaming innovation. Section 19 of the Act expressly confers power on the Central Government to frame rules to carry out its provisions. In pursuance of this mandate, the Ministry of Electronics and Information Technology (MeitY), as the nodal ministry, notified the PROG Rules, 2026 vide Gazette of India notification dated 22 April 2026. The Rules were not made without consultation. Earlier, MeitY had issued draft rules in October 2025 seeking public comments and suggestions before finalising the framework through inter-ministerial deliberations. A Clean Classification Framework One of the most consequential contributions of the PROG Act and Rules is the... --- > Aircraft leasing in GIFT City offers tax breaks, single-regulator ease & Cape Town-aligned creditor rights. See how India is building its aviation finance hub. - Published: 2026-06-17 - Modified: 2026-06-17 - URL: https://www.maheshwariandco.com/blog/aircraft-leasing-in-gift-city/ - Categories: BUSINESS LAW - Tags: Air India, Aircraft Financing India, Aircraft Leasing, Aircraft Leasing Framework 2022, Aviation Finance, Aviation Law India, Cape Town Convention, DGCA, GIFT City, IFSC, IFSCA Regulations, Indian Aviation Sector, IndiGo, Operating Lease, Protection of Interests in Aircraft Objects Act 2025, Sale and Leaseback, Section 80LA Aircraft leasing has emerged as the dominant mode of fleet acquisition in the global aviation industry, enabling airlines to access aircraft without committing significant capital to outright ownership. While India has witnessed sustained growth in passenger traffic and fleet expansion over the past decade, the legal ownership and financing structures underpinning a substantial portion of aircraft operated by Indian carriers have historically been established outside India, most notably in jurisdictions such as Ireland and Singapore. This position has long presented a strategic paradox. Although India is among the world's fastest-growing aviation markets and a significant consumer of leased aircraft, much of the economic value associated with aircraft financing, leasing, asset management, and related professional services has accrued to offshore financial centres. The development of the International Financial Services Centre ("IFSC") at Gujarat International Finance Tec-City ("GIFT City") represents a deliberate policy initiative to address this imbalance. Through a combination of regulatory reforms, tax incentives, foreign currency operating flexibility, and legislative measures designed to strengthen creditor protections, India has sought to establish an ecosystem capable of supporting aircraft leasing and financing activities within its own jurisdiction. The extent to which GIFT City will be able to compete with established aircraft leasing jurisdictions will become evident over time. However, India is no longer positioning itself solely as a market for leased aircraft; it is actively building the regulatory and institutional framework required to support aircraft leasing and financing activities within its own jurisdiction. Explore More: Civil Aviation Law Firm Significance of Aircraft... --- > Understand geographical indications India laws, GI vs product origin marks, and how 'Made in India' tags protect producers under the GI Act 1999 and TRIPS. - Published: 2026-06-15 - Modified: 2026-06-15 - URL: https://www.maheshwariandco.com/blog/geographical-indications-india-gi-protection/ - Categories: Intellectual Property - Tags: Basmati Rice GI, Darjeeling Tea GI, Geographical Indications, GI Act 1999, GI registration, Intellectual Property India, IP Law India, Made in India, Product Origin Marks, TRIPS Agreement The sovereign identity of a nation assumes great significance while assessing the products offered by that nation in today’s globalized world. "Made in India" tag on a product does not merely mean its place of manufacture but also encompasses factors like cultural background, craftsmanship, and geographical characteristics of the place where it was made. This means that such origin tags receive legal protection and are exploited in business through two important modes of intellectual property: Geographical Indications (GIs) Product Origin Marks. Although these two systems may appear similar in function, they do indeed differ in purpose. The geographical indications indicate an association between the characteristics of the product and its unique geographical setting. On the other hand, the product origin marks represent the national aspect of the products without necessarily indicating a geographical location. It is important that the two systems are combined for the realization of higher economic values in the international market, protection of indigenous knowledge, and development of MSMEs. Economic value of the GI is measured by the extra price that can be commanded due to the association of the good with a particular place of geographical significance. The extra price is determined by the base price, extra value gained because of geographical significance, and costs incurred during the process of international protection. The legal basis of GI in India is established under the clause of 2(1)(e) of the “Geographical Indication of Goods (Registration and Protection) Act” of 1999. According to this clause, a geographical indication is... --- > CSR Social Stock Exchange rules under the 2026 amendment now allow ZCZP instruments. Learn how companies can fund NPOs, plus key limits and concerns. - Published: 2026-06-15 - Modified: 2026-06-15 - URL: https://www.maheshwariandco.com/blog/csr-social-stock-exchange/ - Categories: Corporate - Tags: Companies Act 2013, Corporate Social Responsibility India, CSR, CSR Amendment Rules 2026, MCA Notification, Rule 4A, Schedule VII, Section 135, Social Stock Exchange, ZCZP Instruments Introduction India is perhaps one of the first countries in the world to make a robust and mandatory Corporate Social Responsibility (“CSR”) initiative which requires the corporations to contribute a portion of their earnings for social welfare and development. CSR funds have emerged to be a prominent source of funding for development initiatives like education, healthcare and environment sustainability. However, the same has been subjected to concerns regarding transparency, accountability and utilization of these funds. On 27 May 2026, the Ministry of Corporate Affairs (“MCA”) issued a notification for Companies (Corporate Social Responsibility Policy) Amendment Rules 2026 which is a step toward updating CSR execution methods and making them compatible with changing financial instruments and regulatory structures. This change has opened a new avenue for companies to fulfill part of their CSR requirements through the subscription of Zero Coupon Zero Principal (“ZCZP”) instruments, on the condition that these instruments should be issued by the eligible Non-Profit Organizations (“NOPs”) which are listed on the Social Stock Exchange (“SSE”). Schedule VII has also been amended to include “subscription to zero coupon zero principal instruments on Social Stock Exchange” as a permissible CSR activity, thus giving statutory recognition to this mode of CSR spending. The amendment links India’s CSR framework with the rapidly changing social finance ecosystem of the world and further employs a market-based approach to social impact funding. Explore More: Corporate Law Firm in India Understanding the Amendment Under Section 135 of the Companies Act, 2013, companies are required to spend... --- > A clear guide to the Carriage of Dangerous Goods Rules 2026 in India: certification, packaging, training, and DGCA compliance for air operators. - Published: 2026-06-13 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/carriage-of-dangerous-goods-rules-2026/ - Categories: BUSINESS LAW - Tags: Air Cargo Compliance, Aircraft Rules India, Aviation Law India, Bharatiya Vayuyan Adhiniyam 2024, Carriage of Dangerous Goods Rules 2026, Civil Aviation India, Dangerous Goods by Air, Dangerous Goods Certification, DGCA Regulations, Hazardous Materials Transport The Ministry of Civil Aviation on 17th February 2026 notified the Aircraft (Carriage of Dangerous Goods) Rules, 2026 (the “Rules”), replacing the earlier Aircraft (Carriage of Dangerous Goods) Rules, 2003. The Rules have been framed under the Bharatiya Vayuyan Adhiniyam, 2024 and establish a comprehensive regulatory framework governing the transportation of dangerous goods by air to, from, within and over India. The Rules shift the regulatory approach from a predominantly compliance-oriented framework to a certification-driven and accountability-based regime, with defined oversight cycles, formal approvals and structured enforcement powers. The term "dangerous goods" refers to articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are listed as such in the Technical Instructions or which are classified according to the Technical Instructions. Related: Regulatory and Compliance Law Firms Key Features of the New Regulatory Framework The Rules introduce a comprehensive framework governing the carriage of dangerous goods by air, with a particular emphasis on certification, regulatory approvals, operational safety, training, and oversight. They also align India's domestic regime more closely with international aviation standards by incorporating the requirements of the Technical Instructions and establishing clear responsibilities for operators, shippers, training organizations, and other stakeholders involved in the transport of dangerous goods. The provisions of these rules apply to: to aircraft registered in India or aircraft operated by an operator whose principal place of business or permanent place of residence is in India, wherever such aircraft may be to all aircraft for the... --- > Can the DV Act apply to abuse before 2006? Understand the retrospective application of DV Act through key Supreme Court rulings and the civil-penal divide. - Published: 2026-06-12 - Modified: 2026-06-15 - URL: https://www.maheshwariandco.com/blog/retrospective-application-of-dv-act-explained/ - Categories: Family Law - Tags: Article 20(1) Constitution, Domestic Violence Law India, DV Act 2005, Family Law India, Protection Orders, Residence Orders, Retrospective Application, Supreme Court judgments, V.D. Bhanot Case, Women's Rights Law Introduction It is well known that legislation which changes substantive rights is to be prospective in application so as not to punish acts which were lawful when performed. But legislation that seeks to promote social welfare and redress systemic imbalances often challenges this tenet. The Protection of Women from Domestic Violence Act, 2005 (DV Act), is a prime example of this exception. Since its enforcement on 26th October, 2006, courts have frequently grappled with a critical jurisdictional question, i. e. , whether a Magistrate can pass protection and residence orders based on acts of domestic violence or domestic relationships that occurred entirely before the Act came into force. The judiciary has resolved this by recognizing a limited, de facto retrospective application, focusing on the ongoing consequences of past abuse rather than treating the statute as a strictly prospective code. Related: Family Law The Big Difference Between Civil Help And Criminal Punishment In order to appreciate the legitimate retrospective application of the Act without breaching constitutional bars, it is pertinent to note the distinct nature of the reliefs provided by it. Instead of initiating a criminal prosecution, the aggrieved, on filing an application under Section 12, is seeking emergency civil reliefs like protection orders under Section 18, residence orders under Section 19, or monetary relief under Section 20. Domestic violence, as per this statute, does not always lead to a criminal conviction. Instead, the penalties under Section 31 are triggered only when a respondent deliberately violates a protective order once it... --- > A clear guide to India open skies policy, bilateral air services agreements, the NCAP 2016 framework, and the road to aviation liberalisation. - Published: 2026-06-09 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/india-open-skies-policy-law-liberalisation/ - Categories: Regulatory & Compliance - Tags: air services agreement, aviation liberalisation, BASA, bilateral air services agreement, Chicago Convention, civil aviation law India, DGCA, freedoms of the air, India aviation policy, India open skies policy, international aviation, National Civil Aviation Policy 2016, NCAP, traffic rights International aviation services operate within a complex, multidimensional structure which resultsfrom the intersection of treaty obligations, bilateral agreements, and, most importantly, domestic regulations. Each of these is operating in sync or in contrast with the others in determining conditions under which airlines may access foreign markets and exercise traffic rights, resulting in constant tension. The Convention on International Civil Aviation, concluded in Chicago in December 1944, is the foundational treaty of international aviation law. The Convention sets forth various rules and standards regarding air navigation, nationality, airworthiness, aircraft registration, and crew licensing, and within Part II of the treaty establishes an organisation called the International Civil Aviation Organisation, comprising an Assembly, a Council, and an Air Navigation Commission. The ICAO plays a crucial role in administering dispute resolution under Article 84 and also provides a structural framework within which states negotiate Bilateral Air Services arrangements. Article 1 of the Convention on International Civil Aviation states that “every state has complete and exclusivesovereignty over the airspace above its territory”. This principle of “sovereignty of the state” is not novel in its essence, as it is a common proposition in international law; however, it has far-reaching consequences in the arena of international aviation. These principles make every grant of air traffic rights a state’s discretion. Unlike international commerce, where trade is assumed to be permitted unless denied exclusively, in international aviation, the legal position is reversed. The state's airspace is denied unless specifically granted and therefore, is not an automatic legal entitlement,... --- > Protect your brand name in India with trademark registration, Nice Classification, enforcement strategies & Madrid Protocol under the Trade Marks Act 1999. - Published: 2026-06-08 - Modified: 2026-06-08 - URL: https://www.maheshwariandco.com/blog/brand-name-protection-in-india-ip-trademark/ - Categories: Intellectual Property - Tags: Brand Name Protection India, Brand Protection Law, How to Protect Brand Name India, Intellectual Property India, IP India Portal, IP Law India, IPR for Startups, Madrid Protocol India, Nice Classification, Passing Off Action, Startup Trademark India, Trade Marks Act 1999, trademark infringement India, Trademark Lawyer India, Trademark Opposition India, trademark registration India, trademark search India For every startup, their brand’s name is a gateway towards their market recognition. A strong brand name, hereinafter referred to as a “Trademark”, is a company’s most valuable asset, as it differentiates the creator’s products from its competitors in the market space. A trademark carries immense value, as it retains customer loyalty by being a source identifier that is often associated exclusively with a particular business and its heard earned goodwill and reputation This makes choosing a strong Trademark extremely crucial. This guide explains the practical steps startups should take while adopting a Trademark and methods to protect the said brand name across India. Explore More: Patent Attorneys in India Step 1 - Adopt a coined, fanciful or arbitrary trademark: A business should choose a distinctive, yet registrable name. The more unique a trademark is, the easier it will be to use it as a definite source identifier. Registering a coined, fanciful or arbitrary trademark is easier as these are inherently stronger trademarks, subject to being unique and different from the prior existing trademarks registered and used in relation to similar goods and/or services provides stronger legal protection to a Trademark. On the other hand, choosing trademarks that are generic terms or are descriptive of the goods and/or services one wishes to use them for, or are laudatory in nature in relation to the goods and/or services are not only difficult to register under the Indian Trademarks Regime, but are also weak source identifiers. For instance, adopting the trademark “Best... --- > How India's Labour Codes protect gig workers with social security benefits under the Code on Social Security, 2020. - Published: 2026-06-06 - Modified: 2026-06-06 - URL: https://www.maheshwariandco.com/blog/gig-workers-social-security-india/ - Categories: Employment - Tags: Code on Social Security 2020, Code on Wages 2019, gig economy India, gig worker legal protection India, gig worker rights, Gig Workers India, Indian labour law explainer, Industrial Relations Code 2020, labour code analysis India, Labour Codes India, labour law India 2020, legal blog India, minimum wage India, OSHWC Code 2020, platform workers, social security gig workers, unorganised sector India The consolidation of India’s labour laws into four Labour Codes i. e, the Code on Wages, 2019; Code on Social Security, 2020; Occupational Safety, Health and Working Conditions Code, 2020; and Industrial Relations Code, 2020 constitutes the most comprehensive reform of labour legislation in Independent India. This legislative consolidation is not mere exercise in rationalization. By subsuming twenty-nine disparate central statutes into a unified framework, the Codes achieve a structural correction in labour jurisprudence, extending recognition and protection categories of workers who had long remained outside the statutory field. Foremost among these are gig and platform workers. For decades, individuals engaged as drivers, delivery agents, freelance professionals etc. operated in a regulatory vacuum. Explore More: Labour & Employment Law Firm The Code on Social Security, 2020 is the first legislation to formally define “gig worker” and “platform worker”. This definition is not merely semantic, it creates statutory identity for millions engaged in non-traditional, and technology mediated work. By doing so, the Code lays the foundation for their inclusion in social security schemes. Section 2(35) and Section 2(60) of the Code explicitly recognize gig and platform workers, thereby enabling the Central and State government to frame welfare schemes covering health insurance, maternity benefits, provident fund contributions and old age protection. Section 2(35) defines gig workers as a person who performs work or participate in a work arrangement and earns from such activities outside of traditional employer-employee relationship. Whereas Section 2(60) defines platform workers means a work arrangement outside of a traditional... --- > India's Civil Drone Bill 2025 replaces Drone Rules 2021 — covering registration, type certification, insurance, and criminal penalties for UAS operators. - Published: 2026-06-06 - Modified: 2026-07-10 - URL: https://www.maheshwariandco.com/blog/civil-drone-bill-2025-india/ - Categories: Regulatory & Compliance - Tags: AgriTech Drones, Aviation Law India, Bharatiya Vayuyan Adhiniyam, Civil Drone Bill 2025, Criminal Liability Drone, DGCA, Digital Sky Platform, Drone Compliance, Drone Insurance, Drone Logistics, Drone Manufacturer India, Drone Operator, Drone Regulation India, Drone Rules 2021, India Drone Hub 2030, MoCA India, Startup Compliance, Type Certification, Unique Identification Number On 16 September 2025, the Ministry of Civil Aviation (MoCA) released the draft Civil Drone (Promotion and Regulation) Bill, 2025 (hereafter the “Bill”) which is the most extensive legislative revision in the governance of the unmanned aircraft systems in India to date. The Bill proposes a dedicated statutory framework for civilian drones, replacing the Drone Rules, 2021 and introducing a more comprehensive regime for compliance and enforcement. The civilian drone industry in India has experienced exponential growth in the last decade fuelled by technological advancements, a reduction in hardware costs, and the growing commercial applications across agriculture, logistics, surveillance, and emergency response. This development has led to a strong legal framework which is capable of tackling the airspace management, public safety, national security and industrial promotion at the same time. The unmanned aircraft systems were previously regulated under the Drone Rules, 2021, under the Aircraft Act, 1934 and are now incorporated in the Bharatiya Vayuyan Adhiniyam, 2024. The 2021 Rules marked a positive step above the previous legislative landscape, but they were identified as having a number of key limitations: a disjointed legislative framework, inadequate penal deterrence and an exemption-laden structure poorly adapted to the sector's changing risk profile. The draft Bill aims to do just that, offering a dedicated statutory framework for all civilian unmanned aircraft systems (UAS) with a maximum all up weight of less than or equal to 500Kg. It is said to have twin goals of fostering innovation and industrial development, and ensure safety, security and... --- > Learn how Bharatiya Vayuyan Adhiniyam 2024 replaces the Aircraft Act 1934, strengthening India's aviation safety, DGCA powers & regulatory framework. - Published: 2026-06-03 - Modified: 2026-07-09 - URL: https://www.maheshwariandco.com/blog/bharatiya-vayuyan-adhiniyam-2024/ - Categories: Regulatory & Compliance - Tags: AAIB India, Aircraft Act 1934, Aviation Law UPSC, Aviation Reform India, Aviation Safety India, BCAS India, Bharatiya Vayuyan Adhiniyam 2024, BVA 2024, Chicago Convention India, Civil Aviation India 2025, DGCA Powers, Drone Regulation India, ICAO Compliance India, India Aviation Law, Indian Aviation Regulatory Framework, Ministry of Civil Aviation, UDAN Scheme, Viksit Bharat Aviation A landmark legislation, "Bharatiya Vayuyan Adhiniyam," replaced the colonial era law, the Aircraft Act, 1934. It marks a significant milestone in the evolution of India's contemporary aviation regulatory framework as it constitutes a legislative reform towards modernization and demonstrates the necessity for maintaining a balance between progress as well as protection in the aviation sector. While the Aircraft Act was enacted in compliance with the necessities of the aviation industry during its nascent stage, it predates modern commercial aviation. The Aircraft Act,1934 was enacted due to the imperatives of aviation industry prevailing at the time. However, it delegated extensive rule-making powers to the Central Government while only containing few substantive provisions. Consequently, many substantial aspects of aviation regulation remained very much dependent upon subordinate legislation rather than the statutory guidance of the Act itself. The unprecedented growth in the aviation sector, has widened the lacunae in the existing framework significantly thereby, necessitating the current legal framework, Bharatiya Vayuyan Adhiniyam, 2024. Related: Regulatory and Compliance Law Firms Why Replace the Aircraft Act, 1934? While the Aircraft Act, 1934, served as the foundation of the aviation sector in India for nearly 90 years, it could not withstand the evolving modernization of aviation. The liberalization in aviation sector has significantly increased the passenger traffic, airline operations, and airport development. The government initiatives (like the UDAN regional connectivity scheme) has made India the third-largest domestic civil aviation market in the world “and is poised to become the world’s third-largest overall air passenger market by... --- > India's aviation sector faces a severe ATF tax crisis in 2026. Explore how high jet fuel taxes, state VAT cuts, and the push for GST inclusion are reshaping Indian airlines. - Published: 2026-06-01 - Modified: 2026-07-09 - URL: https://www.maheshwariandco.com/blog/atf-tax-india-aviation-crisis-gst-reform/ - Categories: Tax - Tags: Air India, Airline Fuel Cost, ATF GST Reform, ATF Tax India, ATF VAT, Aviation Turbine Fuel, Delhi VAT Cut, DGCA, GST Aviation India, Indian Aviation, IndiGo, Jet Fuel Price India, Maharashtra VAT Cut, Nirmala Sitharaman, PPAC India, UDAN Scheme, West Asia Crisis India's civil aviation sector has, over the course of the past several months, found itself at the confluence of a geopolitical shock, a structural tax anomaly, and the most severe operational cost crisis its airlines have faced in recent memory. The trigger was the escalation of hostilities in West Asia, a conflict that disrupted global crude oil supply chains, spiked international jet fuel prices, and imposed airspace restrictions that forced Indian carriers onto longer, more fuel-intensive flight routes. The consequence has been an aviation turbine fuel price environment of exceptional severity, one that has compelled both the Central Government and select state governments to intervene through a series of fiscal and regulatory measures spanning the period from March to June 2026. Explore More: Energy and Infrastructure Law Firm The Scale of the Problem: ATF Prices and Their Cascading Impact To appreciate why the government's response has been both urgent and multi-pronged, it is essential to first understand the scale of the cost shock. Aviation turbine fuel accounts for approximately 35 to 40 percent of an airline's total operating expenditure in India, a figure significantly higher than the global average, and one that is itself a direct consequence of India's elevated ATF tax burden. By May 2026, ATF prices at airports across India had risen from approximately INR80,000 per kilolitre to over INR1,00,000 per kilolitre, with the precise rate varying by city due to the differing VAT rates imposed by state governments. The real-world consequences of this cost environment became visible... --- > Explore non-traditional trademarks in India — sound, smell, motion & colour marks. Includes India's landmark 2025 Sumitomo smell mark ruling & brand strategy insights. - Published: 2026-05-27 - Modified: 2026-05-27 - URL: https://www.maheshwariandco.com/blog/non-traditional-trademarks-in-india/ - Categories: Intellectual Property - Tags: Colour Trademark, Hologram Trademark, India First Smell Trademark 2025, India IP Jurisprudence 2025, Intellectual Property India, Motion Mark, non-traditional trademarks, Olfactory Mark, Sensory Branding, Smell Trademark, Sound Trademark, Trade Marks Act 1999, Trademark Law India, Unconventional Trademarks Most people consider a trademark to be a logo, a brand name, or a slogan. However, intellectual property law has long recognised that the human senses extend well beyond sight and reading. For the last few decades, there has been a new type of protection called unconventional or non-traditional trademarks that can be granted for signs that are perceived by sound, smell, motion, taste, and even touch. With brands developing more and more complex ways to engage consumers, such non-visual identifiers are no longer “exotic” trademarks at the edge of trademark law. They are quickly gaining acceptance and worth as tools of brand strategy. Explore More: Intellectual Property law firm india Sound Marks: When a Tune Becomes a Brand A sound mark is a mark applied to a distinctive sound that consumers rely on as a source of goods or services. Just like a consumer can identify a brand by its visual logo, they can also recognise it by its characteristic sound mark. The most memorable in the world include the MGM lion’s roar, NBC chimes, and Intel’s 5-note sonic logo. In India, the Trade Marks Act, 1999 allows for the registration of sound marks when they can be represented graphically, usually in musical notation or a sonogram. The idea has caught on firmly in India, as evidenced by the registration of Britannia’s jingle “ting-ting-ta-ding” and Yahoo! ’s yodel as sound marks. The fundamental rule continues to be that the sound must serve to distinguish the commercial source of the... --- --- ## Practice Area --- ## FAQs > Discover how homebuyer protection under Haryana RERA ensures transparency and timely project completion, safeguarding your real estate investments in Haryana. - Published: 2024-08-07 - Modified: 2024-08-07 - URL: https://www.maheshwariandco.com/faq/what-are-the-homebuyer-protection-under-haryana-rera/ Haryana RERA - Homebuyer protection under Haryana RERA Under Haryana RERA, homebuyers enjoy significant protections that ensure transparency, accountability, and timely completion of real estate projects. One of the primary protections is the right to access detailed information about the project, including sanctioned plans, layout plans, and the stage-wise schedule of project completion. This transparency enables buyers to make informed decisions and monitor the progress of their investments. Moreover, homebuyers have the right to timely possession of their properties. If developers fail to meet the agreed-upon timelines, buyers can claim interest on the amount paid or seek a refund along with compensation. Homebuyer Protection Under Haryana RERA Registration of Real Estate Projects Haryana RERA mandates that all real estate projects must be registered before they can be marketed, sold or advertised in light of Homebuyer protection under Haryana RERA. This registration process requires developers to provide detailed information about the project, including layout plans, approvals and timelines for completion. This ensures that homebuyers are well-informed about the projects they are investing in, thereby reducing the risk of fraud and misrepresentation . Escrow Account Requirement One of the significant Homebuyer protection under Haryana RERA is the requirement for developers to maintain a separate escrow account for each project. At least 70% of the money collected from homebuyers must be deposited into this account. These funds can only be used for the construction and development of the specific project, preventing developers from diverting the money to other ventures and ensuring the project's... --- > Learn how to file a complaint with Haryana RERA. Step-by-step instructions for homebuyers to ensure a smooth grievance process. - Published: 2024-08-06 - Modified: 2024-08-06 - URL: https://www.maheshwariandco.com/faq/how-can-homebuyers-file-a-complaint-with-haryana-rera/ File a complaint with Haryana RERA Haryana RERA serves as a regulatory authority ensuring that developers comply with fair practices and that homebuyers are protected. It operates under the Real Estate (Regulation and Development) Act, 2016, and covers various aspects of real estate transactions, from project registration to grievance redressal. Steps to File Complaint Haryana RERA Filing a complaint with Haryana RERA involves a systematic process to ensure that the grievance is adequately addressed. Here are the detailed steps: Step 1: Visit the Official Website Go to the Haryana RERA official website. Depending on your location, choose either the Gurugram or Panchkula portal. Step 2: Register or Log In Create a new account or log in to your existing account on the Haryana RERA portal. This is necessary for tracking the status of your complaint. Step 3: Fill Out the Complaint Form Navigate to the complaint registration section. Fill in the required details, including your personal information, project details, developer information and the nature of your complaint. Ensure you provide accurate and complete information to avoid delays. Step 4: Attach Supporting Documents Upload all necessary documents supporting your complaint. These can include the sale agreement, payment receipts, communication records with the developer, and any other relevant documents. Hiring a RERA Lawyer in Haryana can provide assistance with relevant documents. Step 5: Pay the Complaint Fee A nominal fee is required to file a complaint. The standard fee is INR 1,000 per complaint, with an additional INR 10 for each supporting... --- > Discover the key provisions of Haryana RERA Act, designed to protect homebuyers, enhance transparency, and ensure timely project completion. - Published: 2024-08-06 - Modified: 2024-08-06 - URL: https://www.maheshwariandco.com/faq/what-are-the-key-provisions-of-the-haryana-rera-act/ Haryana RERA Act The Haryana Real Estate (Regulation and Development) Act, 2016, known as Haryana RERA, was introduced to regulate the real estate sector in Haryana. The act aims to protect homebuyers, enhance transparency and ensure the timely delivery of projects. Enacted in 2017, Haryana RERA plays a crucial role in fostering a fair and transparent real estate market in the state. Key Provisions of Haryana RERA Act 1. Registration of Real Estate Projects One of the primary provisions of the Haryana RERA Act is the mandatory registration of real estate projects. Developers must register their projects with the Haryana Real Estate Regulatory Authority (HRERA) before advertising, marketing, or selling. This registration requires developers to provide detailed information about the project, including the timeline for completion, the status of approvals, and the layout plans. This ensures that homebuyers have access to all necessary information before making a purchase decision. 2. Registration of Real Estate Agents In addition to developers, real estate agents involved in the sale or purchase of real estate projects in Haryana must also register with HRERA. This provision aims to regulate the activities of agents and ensure they adhere to ethical practices, providing a more secure and transparent transaction process for homebuyers. 3. Establishment of HRERA The act establishes the Haryana Real Estate Regulatory Authority (HRERA) as the regulatory body responsible for monitoring and regulating the real estate sector in the state. HRERA has the authority to impose penalties and take action against developers and agents who... --- - Published: 2024-08-05 - Modified: 2024-08-05 - URL: https://www.maheshwariandco.com/faq/how-can-i-check-the-status-of-my-complaint-filed-with-haryana-rera/ To check the status of a complaint filed with Haryana RERA, follow these steps: Visit the Official HRERA Website: Go to the official Haryana RERA portal at Haryana RERA. Navigate to the Complaint Section: On the homepage, find and click on the "Complaint Registration" tab. This section will allow you to manage and track your filed complaints. Search for Your Complaint: In the complaint section, there is an option labeled "Search Complaint". Click on this option. Enter Required Details: You will need to provide specific details to search for your complaint status. This includes: The case or appeal authority (e. g. , H-RERA Gurugram or H-RERA Panchkula). Your case or complaint number. The year of the case or complaint. Captcha verification for security purposes. View the Status: After entering these details, click on the "Search" button. The system will display the current status of your complaint, including any updates or actions taken by the authority. This process ensures that you can easily and regularly monitor the progress of your complaint, maintaining transparency and keeping you informed about the actions taken by Haryana RERA. --- > Discover the Haryana RERA registration process for real estate projects. Follow our comprehensive guide to ensure compliance and successful project registration under the Haryana RERA. - Published: 2024-08-05 - Modified: 2024-08-05 - URL: https://www.maheshwariandco.com/faq/what-is-the-process-for-registering-a-real-estate-project-under-haryana-rera/ Haryana RERA Registration Process The Haryana RERA was introduced to protect the interests of homebuyers and ensure fair practices in the real estate sector. For the Haryana RERA registration process, the act mandates that all real estate projects and agents be registered with the regulatory authority before initiating any sale. The HRERA aims to provide a robust regulatory framework to facilitate the growth and regulation of the real estate sector in Haryana. Steps for the Haryana RERA Registration Process Step 1: Create an Account on the H-RERA Portal To begin the registration process, developers must create an account on the HRERA website. This involves providing basic details such as name, email address and contact information. Once the account is created, the developer can proceed to the project registration section. Step 2: Fill in Basic Project Details The developer must enter essential information about the project, including the name, location, total area and type of development (residential, commercial, etc. ). It is crucial to ensure that all details are accurate and up-to-date to avoid any delays or rejections during the verification process. Step 3: Upload Required Documents Several documents need to be uploaded during the registration process, including: Ownership proof or land title Approved building plans and layout Development agreement, if applicable Details of the contractors, architects, and other professionals involved Financial statements and funding sources Form B, which includes a declaration by the promoter Step 4: Payment of Registration Fees The registration fee must be paid online through the H-RERA... --- - Published: 2024-08-02 - Modified: 2024-08-02 - URL: https://www.maheshwariandco.com/faq/how-does-haryana-rera-ensure-transparency-in-real-estate-transactions/ Haryana RERA ensures transparency in real estate transactions through several robust mechanisms. First, it mandates comprehensive registration for all real estate projects and agents, requiring detailed disclosures about project plans, financials, timelines and developer credentials. This information is publicly accessible on the HRERA website, allowing potential buyers to verify the authenticity and compliance of projects before investing . The authority also enforces strict financial discipline by requiring developers to maintain separate escrow accounts for each project. This ensures that funds collected from buyers are used exclusively for the intended project, preventing financial mismanagement and ensuring timely project completion . Furthermore, HRERA provides an online platform for filing complaints and resolving disputes. Homebuyers can report issues related to project delays, financial discrepancies, or other grievances directly through the HRERA website. The authority has established mechanisms for prompt and fair resolution of these complaints, enhancing trust and accountability in the real estate sector . Regular audits and inspections of registered projects are conducted to ensure ongoing compliance with regulatory standards. Developers found in violation of HRERA norms face penalties, including fines and project registration cancellations, which act as a deterrent against malpractices . These measures collectively promote a transparent, accountable, and fair real estate environment, safeguarding the interests of both developers and buyers. Through these initiatives, Haryana RERA aims to foster sustainable growth and increased confidence in the state's real estate market. --- - Published: 2024-08-02 - Modified: 2024-08-02 - URL: https://www.maheshwariandco.com/faq/what-are-the-common-legal-challenges-faced-by-developers-under-haryana-rera/ Developers under Haryana RERA face several significant legal challenges. One primary issue is compliance with stringent documentation and disclosure requirements. Developers must provide detailed project information, financial plans and timelines on the Haryana RERA portal. Non-compliance can result in hefty fines or even project registration cancellations . Financial regulations also pose a challenge. Developers are mandated to keep 70% of the collected funds in an escrow account dedicated solely to the project. While this ensures financial transparency and protects homebuyers, it limits developer’s liquidity, potentially causing cash flow issues . The complaint and grievance redressal system is another area where developers encounter difficulties. Homebuyers can easily file complaints about delays, quality issues, or breaches of agreement. Haryana RERA enforces strict compliance, requiring developers to address these complaints promptly, which can be costly and time-consuming . Additionally, navigating the bureaucratic procedures for project approvals and registrations can be challenging. Despite efforts to streamline these processes, developers often face delays and administrative hurdles, impacting project timelines and increasing costs . Legal disputes over non-compliance with RERA norms can lead to prolonged litigation. Developers must be prepared for legal battles that can strain financial resources and damage their reputations . --- - Published: 2024-07-31 - Modified: 2024-07-31 - URL: https://www.maheshwariandco.com/faq/what-legal-actions-can-homebuyers-take-under-haryana-rera/ Under Haryana RERA, homebuyers have several legal actions they can take to protect their interests. One of the primary actions is filing a complaint against builders, developers, promoters or real estate agents for violations of RERA provisions. These complaints can be related to delays in possession, poor construction quality, high maintenance charges or discrepancies between promised and actual deliverables. Homebuyers can lodge their complaints on the official Haryana RERA website, filling out a form, submitting supporting documents and paying a nominal fee . Another significant legal action available under Haryana RERA is seeking compensation for grievances such as delays in possession. Homebuyers can claim refunds of the amount paid along with interest if the builder defaults on delivery timelines or fails to meet contractual obligations. This mechanism ensures financial protection and accountability . Additionally, RERA provides for the enforcement of orders. If a RERA tribunal issues a judgement in favour of the homebuyer and the builder does not comply, the amount due can be recovered as arrears of land revenue. This ensures that the awarded compensation or refund is enforced effectively. --- - Published: 2024-07-31 - Modified: 2024-07-31 - URL: https://www.maheshwariandco.com/faq/what-is-the-impact-of-haryana-rera-on-real-estate-developers/ The implementation of Haryana RERA has significantly impacted real estate developers by enforcing strict regulations that enhance transparency and accountability. Developers are now required to register all projects with Haryana RERA, providing detailed information about project timelines, construction progress and financial management. This mandatory registration has reduced fraudulent practices and increased developer accountability . A major regulation under Haryana RERA mandates that 70% of the funds collected from buyers must be deposited into a separate escrow account. This measure ensures that the collected funds are utilized solely for the specific project, preventing the diversion of resources and promoting timely project completion . Moreover, Haryana RERA has introduced stringent penalties for developers who fail to adhere to project deadlines or quality standards. These enforcement mechanisms ensure that developers maintain high standards and deliver projects as promised, thereby increasing buyer confidence and market stability . Overall, Haryana RERA has created a more regulated and transparent real estate environment, benefiting developers by fostering trust and ensuring accountability in project executions, ultimately leading to a more stable and reliable real estate market . --- - Published: 2024-07-29 - Modified: 2024-07-29 - URL: https://www.maheshwariandco.com/faq/can-haryana-rera-help-in-case-of-project-delays-by-developers/ Yes, Haryana RERA can assist in cases of project delays by developers. The authority has been established to protect the interests of homebuyers and ensure transparency and accountability in the real estate sector. Haryana RERA can take several actions against developers who delay project completion. For instance, it can impose penalties and order the freezing of unsold inventory. Homebuyers can file complaints with H-RERA if they face delays. The authority will investigate these complaints and can impose stringent penalties on developers. Additionally, developers are required to pay interest for the delay in handing over possession, which can be as high as 10% of the invested amount . Furthermore, H-RERA mandates that developers must submit regular progress reports and audits to ensure continuous monitoring of project development. This helps in maintaining transparency and ensures that funds collected from homebuyers are utilized appropriately for the intended project . In summary, Haryana RERA provides a robust framework to address issues related to project delays by developers, ensuring that the rights of homebuyers are protected and promoting fair practices in the real estate sector. --- - Published: 2024-07-29 - Modified: 2024-07-29 - URL: https://www.maheshwariandco.com/faq/how-long-does-it-take-to-register-a-project-with-haryana-rera/ Registering a project with Haryana RERA involves a series of detailed steps and typically takes around 30 days from the submission of a complete application. The process is designed to ensure transparency and accountability in the real estate sector. To begin, developers must visit the Haryana RERA website and select the "Project Registration" option. After signing up and logging in, they need to fill out the required details, including basic project information, applicant details and forms. This includes providing various documents like bank drafts, licenses, approvals, ownership documents, zoning plans and building approvals . Once all the necessary forms and documents are filled and uploaded, developers must pay the requisite fees. After the submission, the authority reviews the application. If the documentation is complete and compliant with the regulations, a temporary project ID is generated. However, any discrepancies or incomplete submissions can extend the timeline as the developer will need to rectify and resubmit the application. In summary, registering a project with Haryana RERA is a structured process aimed at fostering trust and ensuring the smooth execution of real estate projects. This process, although thorough, is crucial for maintaining transparency and protecting the interests of homebuyers and developers alike. --- - Published: 2024-07-26 - Modified: 2024-07-26 - URL: https://www.maheshwariandco.com/faq/what-documents-are-required-for-project-registration-under-haryana-rera/ For project registration under Haryana RERA, developers need to submit a comprehensive set of documents to ensure compliance with regulatory requirements. The essential documents include: Zoning Plan: This outlines the designated use of the project land and its compliance with local zoning regulations. Project Details: Information about the project including layout plans, approved building plans and details of the projects' phases. Land Documents: Proof of ownership, such as sale deeds, lease agreements and mutation records. Licenses and Approvals: Copies of all licenses and approvals from relevant authorities, including environmental clearances. Financial Documents: The project’s financial details, including bank drafts, details of the financial status of the promoter and a declaration regarding the usage of funds. Legal Documents: Copies of the collaboration agreement, if applicable, and other legal documents supporting the project's legality and the promoter's legal standing. Insurance Certificates: Proof of insurance for the project covering various potential risks. After collecting these documents, the developer must submit both physical and online copies to the Haryana RERA authorities. The registration process involves creating an account on the Haryana RERA portal, filling out Form A, paying the requisite fee and submitting the documents for verification --- - Published: 2024-07-26 - Modified: 2024-07-26 - URL: https://www.maheshwariandco.com/faq/what-are-the-roles-and-responsibilities-of-real-estate-agents-under-haryana-rera/ Under Haryana RERA, real estate agents have several roles and responsibilities aimed at ensuring transparency and accountability in the real estate sector. These roles are crucial for maintaining the integrity of transactions and protecting the interests of buyers and sellers alike. Registration and Compliance: Every real estate agent must be registered with Haryana RERA. They are required to quote their registration number on all transactions. This ensures that all activities are tracked and comply with regulatory standards . Accurate Information and Documentation: Agents must provide all relevant information and documents to buyers at the time of booking any property. This includes legal documents, project details and any other information the buyer is entitled to. Avoidance of Unfair Trade Practices: Real estate agents are prohibited from engaging in unfair trade practices. This includes making false statements about the quality or status of services, misrepresenting affiliations or approvals and publishing misleading advertisements. They must ensure that all their communications and promotional materials are truthful and accurate . Ensuring Project Registration: Agents are not allowed to facilitate the sale or purchase of properties in projects that are not registered with Haryana RERA. This is to ensure that all projects meet the required regulatory standards and provide a safeguard for buyers . Additional Duties: Real estate agents must comply with any other functions and duties prescribed by Haryana RERA regulations. This may include adhering to specific reporting requirements and cooperating with inspections and audits conducted by the authority. --- - Published: 2024-07-25 - Modified: 2024-07-25 - URL: https://www.maheshwariandco.com/faq/what-is-the-process-for-resolving-disputes-with-haryana-rera/ Resolving disputes with RERA Haryana involves a structured process designed to ensure transparency and efficiency in addressing grievances between homebuyers and developers. Steps to Resolve Disputes with RERA Haryana Complaint Registration: Visit the official RERA Haryana website. Navigate to the "Register a Complaint" section and fill out the online form with detailed information about the complaint, including project details, developer information and the nature of the grievance. Supporting documents should also be uploaded. Pay the applicable fee, which is Rs. 1,000 plus Rs. 10 per annexure. After payment, an online complaint number is generated for tracking purposes. Conciliation: The first step in the resolution process is conciliation, where RERA attempts to resolve the dispute amicably. This involves discussions between the aggrieved party and the developer, facilitated by a neutral third party from RERA. Adjudication: If conciliation fails, the matter proceeds to adjudication. An adjudicating officer appointed by RERA hears the case and delivers a binding order based on the evidence and arguments presented. Physical Submission: Complainants must also submit three sets of the complaint package, including the Complaint Registration Form, annexures, payment receipt, detailed typed complaint, and a self-declared certificate. These can be delivered either by hand or through postal services to the designated RERA office. --- - Published: 2024-07-25 - Modified: 2024-07-25 - URL: https://www.maheshwariandco.com/faq/how-has-haryana-rera-affected-property-prices-in-gurgaon/ The introduction of Haryana RERA has significantly influenced property prices in Gurgaon by enhancing market transparency and accountability. The Haryana RERA regulations, which came into effect in July 2017, have enforced strict compliance among developers, ensuring timely project completion and protecting the interests of homebuyers . One of the primary impacts of Haryana RERA on property prices in Gurgaon is the stabilization of the market. The authority mandates that developers disclose comprehensive project details, including timelines, approvals and financials, which has reduced instances of project delays and financial mismanagement. This transparency has increased buyer confidence, leading to a more stable demand-supply equilibrium in the real estate market . Additionally, the requirement for developers to deposit 70% of the funds collected from buyers into an escrow account has minimized the diversion of funds to other projects, ensuring that the money is used specifically for the intended project. This has led to timely project completions, further boosting buyer trust and stabilizing prices . While the increased regulatory compliance has added to the operational costs for developers, leading to a slight increase in property prices, the overall effect has been beneficial. The assurance of timely delivery and reduced risk of project delays has made buyers more willing to invest, supporting a healthy price appreciation in the Gurgaon real estate market . --- - Published: 2024-07-23 - Modified: 2024-07-23 - URL: https://www.maheshwariandco.com/faq/what-legal-rights-do-homebuyers-have-under-haryana-rera/ Under Haryana RERA (Real Estate Regulatory Authority), homebuyers have several key rights that ensure transparency, accountability and timely completion of real estate projects. Right to Information: Homebuyers are entitled to access detailed information about the project, including sanctioned plans, layout plans and the stage-wise schedule of project completion. This information helps buyers make informed decisions and understand the progress of the project they are investing in . Right to Timely Possession: One of the significant protections under Haryana RERA is the right to timely possession of property. If developers delay the project, homebuyers can claim interest on the amount paid or seek a refund along with compensation . Right to Claim Refund: In cases where developers fail to deliver as per the terms of the sale agreement, homebuyers can file a complaint to seek a refund of the amount paid, along with interest and compensation . Right to Quality Construction: If there are any structural defects or issues with the quality of construction within five years of possession, developers are obligated to rectify these defects at no additional cost to the homebuyer within 30 days . Right to Document Access: Upon possession of the property, buyers have the right to obtain all relevant documents and plans, including those related to common areas . Dispute Resolution: Haryana RERA provides a robust mechanism for dispute resolution. Homebuyers can file complaints against developers for any grievances, which are then addressed by the Haryana Real Estate Regulatory Authority or the designated Appellate Tribunal . --- - Published: 2024-07-23 - Modified: 2024-07-23 - URL: https://www.maheshwariandco.com/faq/how-does-haryana-rera-impact-real-estate-transactions-in-gurgaon/ RERA Haryana has significantly impacted real estate transactions in Gurgaon by enhancing transparency, accountability and consumer protection. RERA mandates that developers register their projects with the Haryana Real Estate Regulatory Authority before advertising or selling them. This ensures that all projects comply with legal standards and provide buyers with detailed information, including approved plans and timelines for completion, which helps buyers make informed decisions and mitigates the risk of fraud . A crucial benefit of RERA Haryana is the guarantee of timely possession. Developers are held accountable for delays, with provisions for penalties and compensation to homebuyers if the project is not completed as scheduled. This has notably reduced the incidence of project delays in Gurgaon, ensuring that homebuyers either receive their properties on time or are compensated for any delays . Financial transparency is another key aspect. RERA Haryana requires developers to deposit 70% of the funds collected from buyers into a separate escrow account. This measure ensures that the funds are used exclusively for the project's development, preventing misuse and fostering financial discipline within the real estate sector . Moreover, RERA Haryana provides a robust dispute resolution mechanism. Homebuyers can file complaints against developers, which are addressed by the regulatory authority within a specified timeframe. This system ensures that disputes are resolved efficiently, protecting the interests of homebuyers and enhancing trust in the real estate market . --- - Published: 2024-07-22 - Modified: 2024-07-22 - URL: https://www.maheshwariandco.com/faq/what-are-the-key-features-of-haryana-rera/ Haryana RERA (Real Estate Regulatory Authority) was established to enhance transparency and protect the interests of homebuyers in the Haryana real estate sector. Here are the key features: Project Registration: All real estate projects must be registered with Haryana RERA before they can be marketed or sold. This ensures that only compliant projects are available to consumers. Transparency: Developers are required to provide detailed project information, including layouts, timelines, and approvals, promoting transparency in the Haryana real estate market. Timely Completion: Haryana RERA mandates that developers adhere to specified timelines for project completion. If delays occur, developers must compensate homebuyers, protecting their investment. Escrow Account Requirement: Developers must maintain a separate escrow account for project funds. This ensures that money collected from buyers is used solely for the development of the specific project. Consumer Rights Protection: The authority protects the rights of consumers by providing a platform for grievance redressal, ensuring that issues related to delays, quality, or non-compliance are addressed promptly. Dispute Resolution: Haryana RERA facilitates effective dispute resolution between developers and homebuyers, helping to resolve conflicts without lengthy legal battles. Regulation of Agents: Real estate agents and brokers must also register with Haryana RERA, ensuring professionalism and accountability in the industry. In summary, Haryana RERA plays a vital role in enhancing trust and accountability in the Haryana real estate sector, benefiting both developers and homebuyers. --- - Published: 2024-07-22 - Modified: 2024-07-22 - URL: https://www.maheshwariandco.com/faq/how-can-i-file-a-complaint-with-haryana-rera/ To file a complaint with Haryana RERA, follow these steps: Visit the Official Website: Go to the Haryana RERA official website. Look for the "Complaints" or "Grievance Redressal" section. Register or Log In: If you’re a new user, you may need to register. If you already have an account, log in to access the complaint form. Fill Out the Complaint Form: Provide the required details, including your name, contact information, and specifics about the project or developer involved. Clearly state the nature of your complaint. Attach Supporting Documents: Include any relevant documents that support your complaint, such as agreements, receipts, or correspondence with the developer. Submit the Complaint: Review the information you’ve provided and submit the complaint. You should receive a confirmation acknowledgment. Follow Up: After submission, you can track the status of your complaint on the Haryana RERA website. Be sure to keep a record of any reference number provided. By following these steps, you can effectively file a complaint with Haryana RERA, ensuring your concerns are addressed in the real estate sector. --- - Published: 2024-07-19 - Modified: 2024-07-19 - URL: https://www.maheshwariandco.com/faq/what-are-the-penalties-for-non-compliance-with-haryana-rera-regulations/ Non-compliance with RERA Haryana regulations can result in significant penalties for developers and real estate entities. The Act is designed to protect homebuyers and ensure transparency in the real estate sector, with violations carrying serious consequences. Monetary Penalties: Developers who fail to register their projects or provide accurate information may face hefty fines. These penalties can be substantial, often calculated as a percentage of the project's estimated cost. Imprisonment: In severe cases of non-compliance, such as fraudulent practices or gross negligence, developers can face imprisonment for up to three years. This serves as a strong deterrent against malpractices within RERA Haryana. Compensation to Homebuyers: If a developer delays project completion or fails to deliver on promised specifications, they may be required to compensate affected homebuyers. This includes refunds of invested amounts along with interest. Injunction Orders: The RERA Haryana authority can issue injunctions against developers, preventing them from continuing to sell or market their projects until compliance is achieved. This can severely impact their business operations. Haryana RERA Disputes Resolution: Disputes arising from non-compliance can be addressed through the RERA Authority, which facilitates resolution between homebuyers and developers. This process ensures that grievances related to Haryana RERA disputes are handled efficiently and fairly. In summary, adhering to RERA Haryana regulations is crucial for developers to avoid penalties and maintain their reputation. Non-compliance can lead to severe financial and legal repercussions, highlighting the importance of compliance in the real estate sector. --- - Published: 2024-07-19 - Modified: 2024-07-19 - URL: https://www.maheshwariandco.com/faq/how-do-i-verify-if-a-project-is-registered-with-haryana-rera/ To verify if a project is registered with Haryana RERA, especially in Gurgaon, follow these steps to ensure transparency and compliance: Visit the Official Website: Access the official Haryana RERA website and navigate to the section dedicated to project registrations. Look for specific tabs or links related to project details or search options. Search by Project Name or Developer: Use the search functionality provided on the website. Enter the project name or the developer's name to check if the project is listed under Haryana RERA Gurgaon. Check Registration Details: Once you find the project, verify the registration details. This includes information such as the registration number, date of registration, project status, and details about the developer. Verify Legal Compliance: Ensure that all aspects of the project comply with Haryana RERA regulations, such as timelines for completion, financial disclosures, and other legal requirements. Consult with Authorities if Necessary: If you have any doubts or need further clarification, consider contacting the Haryana RERA Gurgaon office directly. They can provide additional information and address any concerns regarding the project's registration status. By following these steps and utilizing the Haryana RERA Gurgaon resources available online, you can verify the authenticity and compliance of a real estate project with regulatory standards, ensuring peace of mind when investing in the Gurgaon real estate market. --- - Published: 2024-07-18 - Modified: 2024-07-18 - URL: https://www.maheshwariandco.com/faq/what-is-haryana-rera-and-how-does-it-benefit-homebuyers/ Haryana RERA, or the Real Estate (Regulation and Development) Act implemented in Haryana, aims to enhance transparency and protect the interests of homebuyers in the state's real estate sector. This regulatory framework establishes a structured system for real estate transactions, ensuring that developers adhere to fair practices. One of the primary benefits of Haryana RERA is that it mandates developers to register their projects before advertising or selling. This registration requires developers to provide detailed information about the project, including timelines for completion and possession. This helps homebuyers make informed decisions when considering investments in Haryana real estate. Additionally, Haryana RERA establishes a regulatory authority to address grievances, ensuring that homebuyers have a platform to voice concerns about delays, quality or other issues. This mechanism provides greater accountability for developers and enhances consumer protection. Another significant advantage is the requirement for developers to maintain a certain percentage of the collected funds in a separate bank account, ensuring that money is utilized for the specific project. This measure mitigates the risk of project delays and financial mismanagement, further benefiting homebuyers. Furthermore, Haryana RERA ensures that builders cannot make arbitrary changes to project specifications without the consent of the homebuyer. This provision fosters trust and confidence in the Haryana real estate market. In summary, Haryana RERA plays a pivotal role in safeguarding the interests of homebuyers by promoting transparency, accountability, and efficient dispute resolution in the real estate sector. --- - Published: 2024-07-18 - Modified: 2024-07-18 - URL: https://www.maheshwariandco.com/faq/how-can-i-register-my-real-estate-project-with-haryana-rera/ To register your real estate project with Haryana RERA, you need to follow a systematic process designed to ensure compliance with the regulatory framework. Here’s a step-by-step guide: Prepare Required Documents: Gather all necessary documents, including land title deeds, project plans, and approvals from local authorities. Ensure you have documents proving ownership and any relevant permissions. Online Registration: Visit the official Haryana RERA website. Create an account and log in to access the registration portal for Haryana real estate projects. Fill the Application Form: Complete the online application form for project registration. Provide detailed information about the project, including its location, layout, and expected completion date. Upload Documents: Submit all required documents electronically. This may include legal documents, proof of ownership, and details about the project financing. Pay Registration Fees: After submitting your application, pay the necessary registration fees as specified by Haryana RERA. The fee structure is based on the size and nature of the project. Verification Process: Once the application is submitted, Haryana RERA will verify the information and documents. They may request additional information if necessary. Receive Registration Certificate: If your application is approved, you will receive a registration certificate for your project. This certificate is crucial for marketing and selling units in the project. By following these steps, you can successfully register your real estate project with Haryana RERA, ensuring compliance with regulations and fostering trust in the Haryana real estate market. --- - Published: 2024-07-17 - Modified: 2024-07-17 - URL: https://www.maheshwariandco.com/faq/what-are-the-real-estate-laws-that-foreign-businesses-should-know-about-when-acquiring-property-for-business-purposes-in-india/ When foreign businesses consider acquiring property for business purposes in India, understanding the relevant real estate laws is crucial. One key aspect is the Foreign Direct Investment (FDI) policy, which governs foreign investments in various sectors, including real estate. Under the current FDI regulations, foreign companies can invest in the real estate sector, provided they adhere to specific guidelines. Foreign companies must first ensure proper registration through India foreign company registration. This involves compliance with the Companies Act, 2013, and obtaining necessary approvals from the Reserve Bank of India (RBI). It’s essential to note that foreign investment in residential properties is generally restricted unless the company plans to develop it for sale. Furthermore, foreign businesses should be aware of the land use regulations, zoning laws, and the need for environmental clearances when acquiring property. Leasehold and freehold property rights differ, impacting long-term investments. The registration process also requires due diligence to avoid disputes related to property titles. Additionally, foreign entities must comply with the Income Tax Act and ensure tax liabilities are clearly understood. Engaging local legal counsel can help navigate these complexities. In summary, foreign businesses looking to invest in real estate must understand FDI policies, engage in India foreign company registration, and be aware of local laws to ensure a smooth acquisition process and compliance with all regulatory requirements. --- - Published: 2024-07-17 - Modified: 2024-07-17 - URL: https://www.maheshwariandco.com/faq/what-are-the-annual-filing-and-audit-requirements-for-foreign-companies-operating-in-india/ Foreign companies operating in India must adhere to specific annual filing and audit requirements to ensure compliance with local laws. One critical aspect is the need for FEMA compliance foreign investment. The Foreign Exchange Management Act (FEMA) mandates that foreign entities submit annual returns related to their investment in India, including Form FC-GPR for reporting the receipt of funds and Form FC-TRS for the transfer of shares. In addition to FEMA requirements, foreign companies must fulfill annual compliance foreign business India obligations under the Companies Act, 2013. This includes filing annual financial statements, conducting annual general meetings (AGMs) and submitting a report on the company's activities. These filings must be made within specific deadlines to avoid penalties. Moreover, India corporate audit requirements dictate that foreign companies undergo a statutory audit if they meet certain thresholds related to turnover or paid-up capital. The appointed auditor must be a qualified Chartered Accountant registered with the Institute of Chartered Accountants of India. Audited financial statements must be filed with the Registrar of Companies (RoC), ensuring transparency and accountability. Timely compliance with these regulations not only facilitates smooth operations but also builds trust with stakeholders. Failure to comply with FEMA and Companies Act requirements can result in penalties, including fines and restrictions on future investments. In summary, foreign companies in India must navigate FEMA compliance foreign investment and annual compliance foreign business India diligently to meet India corporate audit requirements and ensure legal and financial integrity. --- - Published: 2024-07-16 - Modified: 2024-07-16 - URL: https://www.maheshwariandco.com/faq/what-are-the-legal-considerations-for-hiring-foreign-nationals-in-india/ Hiring foreign nationals in India requires adherence to specific legal and regulatory frameworks to ensure compliance with foreign workforce regulations India. Key considerations include obtaining the appropriate employment visa. Foreign nationals must secure an Employment Visa, including submitting a detailed employment contract and proof of the employer’s registration and financial stability. Compliance with labour laws such as the Industrial Disputes Act and the Shops and Establishments Act is crucial. These laws cover working conditions, wages, and terms of service . Taxation is another critical aspect. Foreign nationals are taxed based on their residency status. A Permanent Account Number (PAN) is required for tax filings, and compliance with applicable tax regimes and social security contributions is necessary . Certain sectors, such as defense and retail, have restrictions or additional regulations for employing foreign workers. Employers must ensure competitive wage structures that meet or exceed local minimum wage standards to avoid forced labor allegations . Overall, understanding and navigating the foreign workforce regulations India involves ensuring visa compliance, adhering to labor and tax laws and consulting legal experts to mitigate risks and streamline the employment process . --- - Published: 2024-07-16 - Modified: 2024-07-16 - URL: https://www.maheshwariandco.com/faq/are-there-any-specific-data-protection-laws-that-foreign-companies-need-to-comply-with-in-india/ Foreign companies in India must adhere to specific data protection laws in India, primarily governed by the Digital Personal Data Protection Act, 2023 (DPDP Act). The DPDP Act emphasizes lawful, fair and transparent data processing, requiring explicit consent from individuals before collecting personal data. This Act mandates companies to adopt reasonable security measures to protect data and ensure it is only used for its intended purpose. The DPDP Act's extraterritorial scope means it applies to foreign companies offering goods or services to individuals in India and processing their personal data, ensuring these businesses comply with Indian standards . In addition to the DPDP Act, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, under the IT Act, 2000, are also relevant. These rules require companies handling sensitive personal data, such as financial or health information, to implement comprehensive security practices and procedures. Non-compliance can lead to significant penalties, including fines and imprisonment . Therefore, foreign businesses must stay abreast of data protection laws India to avoid legal complications and ensure robust data security practices. Consulting with legal experts can help navigate these complex regulations and ensure compliance. --- - Published: 2024-07-15 - Modified: 2024-07-15 - URL: https://www.maheshwariandco.com/faq/what-are-the-requirements-for-repatriation-of-profits-and-dividends-by-foreign-companies/ Repatriating profits and dividends from India by foreign companies involves compliance with several regulatory requirements set by the Foreign Exchange Management Act (FEMA). The profit repatriation in India process is relatively straightforward for dividends, which can be remitted without restrictions once applicable taxes are deducted. Dividends are taxed at 20% plus any applicable surcharge and cess, with potential reductions under tax treaties . The remittance must be conducted through an authorized dealer approved by the Reserve Bank of India (RBI). Another method for repatriating profits includes the buyback of shares, which involves a 20% buyback tax on distributed profits. Additionally, payments for technical and consultancy services, as well as royalties, can be remitted, provided they adhere to transfer pricing norms to ensure fair market value and avoid profit shifting . Wholly Owned Subsidiaries (WOS) offer flexibility in repatriation methods, including dividends, share buybacks and reduction of share capital. In these cases, necessary documentation such as tax clearance certificates and auditor’s certificates confirming compliance with Indian regulations must be provided. These documents ensure that all liabilities have been met and profits are legitimately earned in the normal course of business . Overall, adhering to these regulatory requirements and maintaining thorough documentation is crucial for the smooth and legal repatriation of profits from India by foreign companies, ensuring compliance and minimizing potential delays or legal issues. --- - Published: 2024-07-15 - Modified: 2024-07-15 - URL: https://www.maheshwariandco.com/faq/how-do-indias-bilateral-investment-treaties-affect-foreign-investors/ India's bilateral investment treaties (BITs) play a critical role in shaping the landscape for foreign investors by providing a legal framework that offers protection and promotes investments between India and other countries. The India bilateral investment treaties typically include provisions that ensure fair and equitable treatment and mechanisms for dispute resolution through international arbitration. The impact of these treaties on foreign investors is multifaceted. On one hand, BITs enhance investor confidence by offering a degree of certainty and security, which is crucial for attracting foreign direct investment (FDI). They guarantee that foreign investments will be treated on par with domestic investments and will be protected from arbitrary or discriminatory actions by the host country . However, the landscape of India's BITs has evolved significantly. In 2016, India introduced a new model BIT that aimed to balance investor protection with the country’s regulatory freedom, India terminated many existing BITs, which led to a temporary decline in FDI inflows as the renegotiation process created uncertainty among investors . Despite these changes, India's ongoing efforts to renegotiate and sign new BITs reflect a commitment to creating a more stable and predictable investment environment. The updated treaties aim to address previous shortcomings while still providing protections necessary to attract foreign investments, ensuring that the India bilateral investment treaties remain a cornerstone of the country’s strategy to boost economic growth through foreign investment . --- - Published: 2024-07-12 - Modified: 2024-07-12 - URL: https://www.maheshwariandco.com/faq/how-does-the-foreign-exchange-management-act-fema-impact-foreign-investment-in-india/ The Foreign Exchange Management Act (FEMA) significantly influences foreign investment in India by establishing a comprehensive legal framework for external financial transactions. FEMA, enacted in 1999, aims to facilitate external trade and payments and promote orderly development and maintenance of the foreign exchange market in India. FEMA compliance foreign investment regulations are designed to ensure that foreign investments align with India's economic policies and legal requirements. These regulations cover a wide array of transactions, including the issuance of equity instruments, repatriation of investment proceeds and compliance with sector-specific caps on foreign investment . One of the key aspects of FEMA is the classification of foreign investments into Foreign Direct Investment (FDI) and Foreign Portfolio Investment (FPI). FDI typically involves direct investment in Indian businesses and infrastructure, while FPI pertains to investments in financial assets like stocks and bonds. FEMA provides clear guidelines for these investments, ensuring they contribute positively to the Indian economy without compromising national security or economic stability . Under FEMA, foreign investments are subjected to either the automatic route or the government approval route. The automatic route allows investments without prior approval from the government, applicable to sectors where foreign investments are less likely to pose risks. In contrast, the government approval route requires scrutiny and authorization, particularly for sectors deemed sensitive, such as defense or telecommunications . Overall, FEMA compliance with foreign investment regulations are crucial for maintaining a balance between attracting foreign capital and safeguarding national interests, thereby fostering a stable and growth-oriented economic environment... --- - Published: 2024-07-12 - Modified: 2024-07-12 - URL: https://www.maheshwariandco.com/faq/are-there-any-specific-advantages-for-foreign-companies-setting-up-in-special-economic-zones-sezs-in-india/ Setting up operations in Special Economic Zones (SEZs) in India provides several significant advantages for foreign companies. These zones are designed to foster industrial development and attract foreign direct investment (FDI) by offering a range of incentives. One of the primary Special Economic Zones India benefits is the comprehensive tax relief provided. Companies in SEZs benefit from a 100% income tax exemption on export income for the first five years, a 50% exemption for the next five years, and a 50% exemption on reinvested export profits for an additional five years. These units are also exempt from Minimum Alternate Tax (MAT) and various state and central taxes, which now fall under the Goods and Services Tax (GST) regime . Furthermore, SEZs offer duty-free import and domestic procurement of goods required for the development, operation, and maintenance of units. This significantly reduces the operational costs for businesses. The zones also provide a streamlined regulatory environment with single-window clearances for central and state-level approvals, eliminating much of the bureaucratic red tape . Overall, the Special Economic Zones India benefits include tax incentives, duty exemptions, advanced infrastructure, and simplified regulatory processes, making them highly attractive for foreign companies looking to invest and grow in India . --- - Published: 2024-07-11 - Modified: 2024-07-11 - URL: https://www.maheshwariandco.com/faq/how-does-the-goods-and-services-tax-gst-affect-foreign-companies-in-india/ The implementation of the Goods and Services Tax (GST) in India has significantly impacted foreign companies operating within the country. India GST foreign entities must navigate a unified tax system that has replaced multiple indirect taxes such as VAT, service tax and central excise duty, simplifying compliance but introducing new challenges. For foreign entities providing services to Indian consumers, GST applies through the Integrated GST (IGST) framework. Services classified under Online Information and Database Access Retrieval (OIDAR), such as online advertising and cloud services, require foreign service providers to register for GST, charge GST on transactions, and comply with tax filing requirements . This ensures that digital services consumed in India are taxed, creating a level playing field for domestic and international service providers. On the goods front, foreign companies importing products into India are subject to IGST and customs duty. This tax is payable at the time of goods clearance from customs, impacting the cost structure and pricing strategies of foreign businesses . Moreover, India GST foreign entities must consider the exemption rules. Indian branches of foreign companies are exempt from GST when supplying services to their foreign headquarters, provided the place of supply is outside India. However, this exemption does not apply to the import of services by Indian entities from their foreign counterparts, which remain taxable under the reverse charge mechanism. --- - Published: 2024-07-11 - Modified: 2024-07-11 - URL: https://www.maheshwariandco.com/faq/what-are-the-options-for-dispute-resolution-for-foreign-businesses-in-india/ For dispute resolution in India, Foreign businesses have several options for dispute resolution, ensuring they can address conflicts efficiently and effectively. Litigation in India involves taking disputes to the courts, where cases can be adjudicated by judges. The Indian judicial system includes specialized tribunals, such as the National Company Law Tribunal (NCLT), which expedite business-related disputes. While litigation can be lengthy and costly, the establishment of fast-track courts aims to mitigate these challenges and provide quicker resolutions for business disputes . Arbitration is a preferred method for many foreign companies due to its efficiency and confidentiality. The Arbitration and Conciliation Act of 1996 ensures that if a valid arbitration agreement exists, courts will refer the matter to arbitration. Additionally, arbitral tribunals can now grant interim reliefs enforceable as court orders, enhancing the effectiveness of arbitration . Mediation is increasingly becoming popular, especially with the introduction of the Mediation Act 2023. This act mandates that commercial disputes go through mediation before proceeding to litigation. The process, which can last up to 180 days (extendable by mutual agreement), aims to provide a binding and enforceable settlement. The act also emphasizes confidentiality and sets up a Mediation Council to regulate and authorize mediators, thus ensuring professional standards are maintained . For dispute resolution in India, foreign businesses can leverage these structured and evolving mechanisms to manage conflicts effectively, ensuring their operations remain smooth and legally compliant. --- - Published: 2024-07-10 - Modified: 2024-07-10 - URL: https://www.maheshwariandco.com/faq/how-can-intellectual-property-rights-be-protected-when-setting-up-in-india/ To protect intellectual property (IP) rights when setting up a business in India, it is essential to understand the legal framework and adopt comprehensive strategies. India intellectual property protection is governed by various laws that ensure the safeguarding of patents, trademarks, copyrights and designs. Patents: India grants patents on a "first-to-apply" basis under the Patents Act, 1970, and its subsequent amendments. The process involves a patentability search, drafting and filing the application, followed by publication and examination . Trademarks: The Trademarks Act, 1999 enable entities to register trademarks in India. The registration process includes filing the application, publication for objections and eventual registration, valid for ten years. Copyrights: Governed by the Copyright Act, 1957, copyrights protect literary, artistic, musical and dramatic works. Registration involves filing an application, examination and issuance of a registration certificate. The Act ensures comprehensive protection aligning with international standards . Designs: The Designs Act, 2000, protects original and aesthetically appealing designs with commercial applications. Registration involves filing and examination processes similar to patents and trademarks . Geographical Indications (GIs): The Geographical Indications of Goods (Registration and Protection) Act, 1999, safeguards products linked to specific regions, such as Darjeeling Tea or Basmati Rice. Registered entities can prevent unauthorized use through legal actions . To enhance India intellectual property protection, it is crucial to conduct regular IP audits, use non-disclosure agreements and engage legal experts familiar with Indian IP laws. --- - Published: 2024-07-10 - Modified: 2024-07-10 - URL: https://www.maheshwariandco.com/faq/what-are-the-labour-laws-that-foreign-businesses-need-to-be-aware-of-in-india/ Foreign businesses in India must adhere to several key labour laws to ensure compliance and smooth operations. Labour laws in India for foreign companies include: The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952: Mandates contributions to the provident fund from both employees and employers, ensuring social security for workers . The Employee’s State Insurance Act, 1948: Provides medical care and cash benefits in the event of sickness, maternity and employment injury. Applicable to establishments with ten or more employees . The Industrial Disputes Act, 1947: Governs the resolution of industrial disputes and conditions under which workers can be laid off, retrenched or terminated, aiming to maintain industrial harmony . The Payment of Gratuity Act, 1972: Ensures payment of gratuity to employees with at least five years of continuous service as a form of gratitude for their service . The Maternity Benefit Act, 1961: Provides for maternity leave and benefits to female employees, ensuring 26 weeks of paid leave for women in establishments with ten or more people . The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Mandates creation of an internal complaints committee to address sexual harassment complaints in workplaces with ten or more employees. The Equal Remuneration Act, 1976: Ensures equal pay for equal work for men and women and prohibits gender discrimination in hiring . Compliance with these labour laws in India for foreign companies helps them to operate legally and ethically in India, fostering a positive working environment. --- - Published: 2024-07-09 - Modified: 2024-07-09 - URL: https://www.maheshwariandco.com/faq/how-long-does-it-typically-take-to-incorporate-a-company-in-india/ Incorporating a company in India typically takes around 10-18 working days, though this can vary based on several factors. The process begins with obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all directors, which usually takes 1-2 days. This is followed by applying for name availability with the Registrar of Companies (ROC), a step that generally takes another 2-3 days . Once the name is approved, the next steps involve drafting the Memorandum of Association (MoA) and Articles of Association (AoA), a process that can take 2-3 days. Filing the incorporation documents, including the SPICe forms, typically requires 5-7 days. Finally, the ROC verifies the documents and issues a Certificate of Incorporation within 2-3 days . Factors influencing the timeline for business incorporation in India include the availability of the proposed company name, the completeness and accuracy of documentation and the processing speed of the ROC. Any errors or missing information can cause delays, as the ROC may request additional documents or clarifications . For a smoother and quicker incorporation process, it is advisable to ensure that all documents are correctly prepared and submitted. Additionally, hiring professionals such as lawyers can expedite the process, as they are familiar with the requirements and can help avoid common pitfalls . Overall, while the basic timeline for business incorporation in India ranges from 10-18 days, allowing extra time for unforeseen delays is recommended to ensure a hassle-free registration experience. --- - Published: 2024-07-09 - Modified: 2024-07-09 - URL: https://www.maheshwariandco.com/faq/what-are-the-compliance-requirements-for-foreign-companies-in-india/ Foreign companies operating in India must comply with various regulatory requirements to ensure legal and operational smoothness. Initially, these companies must register under the Companies Act, 2013, by filing a certified copy of their charter, a list of directors and a memorandum of their registered office within 30 days of establishing a business presence. Additionally, a representative in India must be appointed to accept service of process on behalf of the company . Corporate governance requirements mandate having at least two directors, one of whom must be an Indian resident. Companies must hold annual general meetings (AGMs) and file annual financial statements, including audited balance sheets and profit and loss accounts, with the Registrar of Companies . Financial compliance involves statutory audits and the filing of forms such as AOC-4 for financial statements and MGT-7 for annual returns. Compliance with the Foreign Exchange Management Act (FEMA) is essential, including filing an annual return on foreign liabilities and assets and reporting foreign direct investment (FDI) transactions . Environmental laws, such as the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act, require adherence to reduce pollution. Labor laws, including the Maternity Benefits Act and the Industrial Disputes Act, protect worker’s rights and welfare . Thus, regulatory compliance foreign business India involves adhering to comprehensive requirements, ensuring transparency, environmental protection, financial integrity and worker welfare. Non-compliance can lead to severe penalties and legal consequences . --- > Learn about foreign investment restriction in India, including prohibited sectors like gambling, real estate, atomic energy, and more. Stay updated on India's FDI policies to navigate investments effectively. - Published: 2024-07-08 - Modified: 2024-09-11 - URL: https://www.maheshwariandco.com/faq/foreign-investment-restriction-in-india/ Foreign investment restriction in India India, while generally open to global investors, enforces foreign investment restriction in India in several industries. These restrictions are in place to safeguard national security, protect public interests and maintain the strategic integrity of critical sectors. Regulated by the Department for Promotion of Industry and Internal Trade (DPIIT), India's Foreign Direct Investment (FDI) policy outlines clear guidelines regarding industries where foreign capital is either prohibited or restricted. The strategic use of foreign investment restriction in India protects critical industries, ensuring that domestic interests are safeguarded in sectors like gambling, real estate, and defence. Lottery and Gambling Sectors India prohibits foreign investment in the lottery business, whether government or private, and all forms of gambling, including betting and casinos. This includes both physical and online lotteries and betting platforms. These restrictions stem from concerns regarding public welfare, as gambling can lead to social problems such as addiction and financial instability. By limiting foreign participation in these sectors, the government aims to protect the population from the negative consequences associated with gambling. To protect citizens from the potential dangers of these activities, foreign investment restriction in India remains stringent in this sector, preventing both physical and digital gambling ventures from receiving international capital. Chit Funds and Nidhi Companies Foreign investment is strictly prohibited in chit funds and Nidhi companies, two traditional Indian financial institutions. Chit funds operate as saving schemes where participants contribute to a collective pool, and one member is chosen to receive the total amount... --- - Published: 2024-07-08 - Modified: 2024-07-08 - URL: https://www.maheshwariandco.com/faq/what-are-the-regulatory-approvals-required-for-foreign-companies-to-start-operations-in-india/ To start operations in India, foreign companies must navigate a series of regulatory approvals to ensure compliance with Indian laws. Here's a comprehensive overview of the necessary steps and regulatory approvals required for regulatory compliance in foreign business in India: Company Registration: The company must be registered with the Registrar of Companies (ROC) under the Ministry of Corporate Affairs (MCA). Reserve Unique Name (RUN): The business name must be reserved through the MCA portal by submitting Part-A of the SPICe+ form . Tax Registrations: The company needs to obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) from the Income Tax Department. Additionally, Goods and Services Tax (GST) registration is required if the business involves the sale of goods or services . Reserve Bank of India (RBI) Approval: Depending on the type of business structure, RBI approval may be necessary, especially for establishing branch offices or project offices. . Corporate Governance: Adherence to corporate governance standards, including the appointment of auditors, conducting annual general meetings (AGMs), and maintaining books of accounts is mandatory . Intellectual Property Rights (IPR): Protecting trademarks, patents and copyrights is essential. Foreign companies should register their intellectual property with the respective Indian authorities to safeguard their innovations and prevent infringement . State-Specific Approvals: Depending on the state where the business is located, additional approvals from local authorities, such as state pollution control boards or municipal corporations, may be required. Ensuring regulatory compliance in foreign business in India involves meticulous planning and... --- > Learn how foreign companies can set up a branch office in India, including the regulatory process, RBI approval, tax compliance, and documentation requirements. Follow these steps to expand your business operations in India. - Published: 2024-07-05 - Modified: 2024-09-09 - URL: https://www.maheshwariandco.com/faq/set-up-a-branch-office-in-india/ Understanding How to Set Up a Branch Office in India Establishing a branch office in India is a key step for foreign companies aiming to expand their business operations in one of the world’s fastest-growing markets. By creating a local presence, companies can better tap into market opportunities, manage operations on the ground and increase their global reach. The process, however, requires navigating various regulatory approvals and ensuring full compliance with Indian laws. A clear understanding of how to set up a branch office in India helps in executing the process smoothly. Several steps are involved, starting from obtaining approval from the Reserve Bank of India (RBI) to ensuring tax registration and operational licenses. Application to the Reserve Bank of India (RBI) The first major step in the process to set up a branch office in India is obtaining approval from the Reserve Bank of India (RBI). A foreign company needs to submit an application through an Authorized Dealer (AD) bank by filling out Form FNC. This form requires details about the parent company, including its incorporation, financial health, and reasons for setting up a branch in India. Additionally, key documents need to be attached, such as the company’s certificate of incorporation, audited financial statements for the last five years, and a board resolution authorizing the establishment of the branch. The company must clearly state the business activities to be carried out by the branch, ensuring that they align with the permissible scope defined by the RBI. Once the application... --- > Learn about the key tax implications for foreign businesses operating in India, including corporate tax, GST, withholding tax, and more. Stay compliant with Indian tax laws and optimize your tax liabilities. - Published: 2024-07-05 - Modified: 2024-09-11 - URL: https://www.maheshwariandco.com/faq/tax-implications-for-foreign-businesses/ Tax Implications for Foreign Businesses in India Tax implications for foreign businesses are a significant concern for companies operating in India. Navigating India’s tax structure can be challenging, and businesses need to be aware of the various taxes they may be subject to. The most important tax implications for foreign businesses include corporate income tax, dividend distribution tax, withholding tax, transfer pricing regulations and GST compliance. Understanding these taxes is critical for ensuring legal compliance and optimizing tax liabilities for sustainable business operations in India. 1. Corporate Income Tax (CIT) for Foreign Businesses - Tax Implications for Foreign Businesses One of the primary tax implications for foreign businesses operating in India is corporate income tax (CIT). Foreign companies are taxed on the income they generate within India. The CIT rate for foreign companies stands at 40%, with additional surcharges and cess based on the income bracket. This can result in an effective tax rate that may reach 43. 68% for some businesses To mitigate double taxation, foreign companies should take advantage of India's Double Taxation Avoidance Agreements (DTAA) with several countries, which can lower their tax burden . 2. Dividend Distribution Tax (DDT) When an Indian subsidiary distributes profits to its foreign parent company, it incurs a Dividend Distribution Tax (DDT). The DDT rate is 15%, plus applicable surcharges, bringing the total effective rate to approximately 20%. This tax is levied on the dividends declared or distributed by the subsidiary. Foreign businesses can explore ways to optimize dividend distribution to... --- > Discover the primary business structures for foreign companies in India. Explore the options and legal requirements for establishing a successful business in India. - Published: 2024-07-04 - Modified: 2024-09-04 - URL: https://www.maheshwariandco.com/faq/business-structures-for-foreign-companies-in-india/ Business Structures for Foreign Companies in India When foreign companies decide to enter the Indian market, one of the crucial decisions they face is selecting the appropriate business structures for foreign companies in India. The structure chosen can significantly impact the company’s operations, tax liabilities, legal obligations and overall success in the country. India offers several business structures tailored to different business needs, ranging from wholly-owned subsidiaries to joint ventures. Wholly Owned Subsidiary A wholly-owned subsidiary is one of the most popular business structures for foreign companies in India. In this setup, a foreign company owns 100% of the Indian entity's shares, allowing complete control over operations, decision-making and profits. This business structures for foreign companies in India is particularly advantageous for companies looking to maintain direct oversight of their Indian operations while ensuring consistency with their global strategies. Key Features: Complete Control: The parent company has full control over the subsidiary, including decision-making processes, operational strategies, and financial management. Limited Liability: The liability of the parent company is limited to its investment in the subsidiary, protecting the parent company’s assets from any liabilities incurred by the subsidiary. Ease of Repatriation: Profits earned by the subsidiary can be easily repatriated to the parent company, subject to Indian tax regulations. Regulatory Compliance: A wholly-owned subsidiary must comply with Indian laws, including the Companies Act, Foreign Exchange Management Act (FEMA), and applicable tax regulations. Joint Venture A joint venture (JV) is another one of the popular business structures for foreign companies in... --- > Learn about the comprehensive legal requirements for incorporating a subsidiary in India. Understand key compliance steps, documents, and approvals needed to ensure a smooth and compliant incorporation process. - Published: 2024-07-04 - Modified: 2024-09-09 - URL: https://www.maheshwariandco.com/faq/incorporating-a-subsidiary-in-india/ Incorporating a Subsidiary in India Incorporating a subsidiary in India is a critical step for foreign companies looking to expand their operations into one of the world's fastest-growing economies. However, the process of incorporating a subsidiary in India involves meeting several legal requirements and adhering to specific regulatory compliances. Whether you're setting up a Private Limited Company or another business entity, it is crucial to understand the steps involved to ensure your subsidiary aligns with Indian laws and regulations. India offers immense opportunities for foreign businesses, but navigating its regulatory landscape is essential. Meeting the legal requirements for incorporating a subsidiary in India helps avoid potential issues and ensures that operations start smoothly from the outset. Choosing the Right Business Structure for Incorporating a Subsidiary in India Selecting the appropriate business structure is one of the most critical decisions when incorporating a subsidiary in India. A Private Limited Company is often the most popular choice for foreign subsidiaries due to its flexible structure, limited liability and ease of compliance with Indian corporate laws. This structure also allows foreign companies to maintain full control while protecting individual stakeholders from personal liabilities. Other business structures, such as Limited Liability Partnerships (LLPs) and Branch Offices, may also be considered, depending on the specific business needs and objectives. However, a Private Limited Company provides the most straightforward path to incorporating a subsidiary in India, offering advantages in terms of taxation and ease of operation. The process starts with ensuring that the company’s name is... --- > Discover the patent examination process in India with this detailed guide. Learn about the steps, timelines, and important aspects of patent examination to navigate the Indian patent system effectively. - Published: 2024-07-03 - Modified: 2024-09-02 - URL: https://www.maheshwariandco.com/faq/patent-examination-process-in-india/ Patent Examination Process in India The patent examination process in India is governed by the Indian Patent Act, 1970, which outlines the legal framework for patent application, examination and grant. The patent examination process in India is a crucial stage in the journey of obtaining a patent. This process ensures that an invention meets all legal requirements before it is granted patent protection. Understanding this process can help inventors and businesses navigate the Indian patent system more effectively. Filing the Patent Application The first step in the patent examination process in India is filing a patent application with the Indian Patent Office. The application can be filed online or through physical submission. It is crucial to include all necessary documents and information, such as a detailed description of the invention, claims defining the scope of the invention and any relevant drawings or diagrams. Publication of the Patent Application Once the patent application is filed, it is kept confidential for 18 months from the date of filing or the priority date, whichever is earlier. After this period, the application is published in the official patent journal by the Indian Patent Office. This publication marks the beginning of the public's awareness of the invention and its details. However, if the applicant wishes to expedite the patent examination process in India, they can request early publication. Early publication ensures that the application is published within one month of the request, allowing the examination to commence sooner. This step is crucial as the examination... --- > Explore the various types of patent searches in India to protect your inventions. Learn about prior art, validity, and more to navigate India's patent landscape effectively - Published: 2024-07-03 - Modified: 2024-09-02 - URL: https://www.maheshwariandco.com/faq/patent-searches-in-india/ Patent Searches in India In the rapidly evolving landscape of intellectual property rights, securing a patent is crucial for protecting your innovations. However, before filing a patent application, conducting thorough patent searches in India is essential. These searches help ensure that your invention is unique and not already patented, thereby increasing the chances of your patent application being granted. Prior Art Search A Prior Art Search is one of the most critical types of patent searches in India. This search is conducted to identify any existing patents, publications or other publicly available information that might disclose the invention you are planning to patent. The goal of a prior art search is to determine whether your invention is novel and non-obvious. By conducting a prior art search, you can: Identify similar inventions or technologies that could affect your patent application. Assess the chances of obtaining a patent for your invention. Avoid potential legal issues by ensuring that your invention does not infringe on existing patents. Given the importance of novelty in the patent application process, a prior art search is often the first step in patent searches in India. Patentability Search A Patentability Search is a more focused type of patent search in India that specifically assesses whether an invention meets the criteria for patent protection. This search is designed to evaluate the novelty, non-obviousness and industrial applicability of the invention. Patent Act, 1970 outlines the fundamental criteria for patentability and other related provisions. Key aspects of a patentability search include:... --- > Discover the common challenges faced by international companies in IP registration in India, including legal complexities, procedural hurdles, and cultural differences. Learn how to navigate the IP registration in India process effectively. - Published: 2024-07-02 - Modified: 2024-08-28 - URL: https://www.maheshwariandco.com/faq/ip-registration-in-india/ Understanding IP Registration in India IP registration in India is a critical process for international companies looking to protect their intellectual property rights. With India’s growing importance in the global economy, securing intellectual property (IP) through proper registration is essential for companies entering the Indian market. However, the process is full of challenges that can be daunting for businesses unfamiliar with the local legal and procedural landscape. Legal Complexities in IP Registration in India One of the most significant challenges faced by international companies in IP registration in India is navigating the complex legal framework. India has a well-established set of laws governing intellectual property rights, including the Patents Act, 1970; the Trademarks Act, 1999; the Copyright Act, 1957; and the Designs Act, 2000. . However, these laws are often intricate and require a deep understanding of the legal nuances specific to the Indian context. For international companies, this complexity is compounded by the need to align their IP strategies with local laws while ensuring compliance with international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). Misinterpretation of these laws or non-compliance can lead to delays, rejections, or even loss of IP rights. Additionally, the legal process in IP registration in India often involves lengthy procedures, multiple stages of examination, and potential litigation, making it crucial for companies to have robust legal support and expertise in Indian IP law. Procedural Hurdles in IP Registration in India The procedural aspects of IP registration in India present another set... --- > Understand the common objections raised during Patent Examination in India and how to navigate them effectively. Learn about novelty, inventive step, sufficiency of disclosure, and more. - Published: 2024-07-01 - Modified: 2024-08-29 - URL: https://www.maheshwariandco.com/faq/patent-examination-in-india/ Common Objections in Patent Examination in India Patent examination in India is a crucial process that determines whether an invention qualifies for patent protection. During this examination, several objections may be raised by the patent examiner, which the applicant needs to address before the patent can be granted. These objections are critical as they ensure that only deserving inventions are granted patents, thereby maintaining the integrity of the patent system. In this guide, we will explore the most common objections encountered during the patent examination in India and provide insights into how to effectively respond to them. Objection 1: Lack of Novelty One of the most common objections raised during patent examination in India is the lack of novelty. For an invention to be patentable, it must be new and not disclosed in the public domain before the filing date of the patent application. The examiner checks the submitted claims against prior art, which includes existing patents, publications, and other publicly available information. If the examiner finds that the invention is not novel, they will raise an objection. To overcome this objection, the applicant must demonstrate that their invention is distinct from the prior art. This can be done by amending the claims to highlight the novel aspects of the invention or by providing arguments and evidence to show how the invention differs from the existing knowledge. Objection 2: Lack of Inventive Step (Non-Obviousness) Another frequent objection during patent examination in India is the lack of an inventive step, also... --- > Looking for reliable IP attorneys in India? Discover expert tips for international companies to choose the best intellectual property lawyer in India, ensuring your IP assets are well-protected. - Published: 2024-07-01 - Modified: 2024-08-28 - URL: https://www.maheshwariandco.com/faq/ip-attorneys-in-india/ The Importance of Finding Reliable IP Attorneys in India In today's globalised economy, intellectual property (IP) has become one of the most valuable assets for businesses, especially for international companies looking to expand their operations into new markets like India. Protecting these assets requires the expertise of qualified IP attorneys in India who understand the local legal landscape, industry nuances, and global IP laws. Understanding the Role of IP Attorneys in India IP attorneys in India play a crucial role in managing and protecting the intellectual property assets of businesses. They offer a wide range of services, including filing patents, trademarks, and copyrights, conducting IP audits, and representing clients in IP disputes. For international companies, these attorneys ensure that their IP rights are enforced in accordance with both Indian laws and international treaties to which India is a party. Choosing the right IP attorneys in India can make the difference between successfully protecting your IP assets and facing costly legal challenges. Key Qualities to Look for in IP Attorneys in India When searching for reliable IP attorneys in India, it’s important to consider several key qualities to ensure that your intellectual property is in good hands: Expertise in Indian IP Law: The attorney should have a deep understanding of Indian IP laws like Indian Patents Act, 1970 or the Trademarks Act, 1999. This expertise is crucial for international companies to ensure that their IP rights are protected in India. Experience in Your Industry: Different industries have unique IP challenges. Whether... --- > Explore the crucial IP Law Differences between India and other countries. Understand the unique aspects of intellectual property laws across different jurisdictions and their impact on global business. - Published: 2024-06-28 - Modified: 2024-08-26 - URL: https://www.maheshwariandco.com/faq/ip-law-differences/ Introduction to IP Law Differences Intellectual Property (IP) laws are essential for protecting the rights of creators and innovators across the globe. However, these laws vary significantly from one country to another, leading to considerable IP law differences that businesses and individuals must navigate when operating internationally. Understanding these differences is crucial for ensuring compliance and safeguarding intellectual property rights in multiple jurisdictions. Patent Law Differences: India vs. Other Countries Patent law is a critical area where IP law differences are evident. In India, the patent regime is governed by the Patents Act of 1970, which has been amended multiple times to align with global standards, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, there are still notable differences when compared to other countries. Patent Eligibility: One of the most significant IP law differences in patent law is the eligibility criteria for patent protection. In India, inventions related to traditional knowledge, atomic energy, and certain software innovations are not patentable. On the other hand, countries like the United States and Japan have broader patent eligibility criteria, allowing software patents and even patents on business methods. Patent Term and Extensions: India grants patents for a term of 20 years from the filing date, with no provision for extensions. In contrast, some countries, like the United States, allow for patent term extensions under specific circumstances, such as delays in the regulatory approval process. This difference can impact the commercial viability of patents across jurisdictions. Compulsory Licensing: India's approach... --- > Discover effective strategies for IP enforcement in India. Learn how international companies can protect their intellectual property rights through robust legal frameworks and proven enforcement methods. - Published: 2024-06-28 - Modified: 2024-08-27 - URL: https://www.maheshwariandco.com/faq/ip-enforcement-in-india/ Understanding IP Enforcement in India Intellectual Property (IP) is a critical asset for international companies operating in India. The Indian legal framework provides comprehensive protection for intellectual property rights (IPR), including patents, trademarks, copyrights, and industrial designs. However, enforcing these rights can be challenging, especially for foreign entities unfamiliar with the Indian legal system. International companies have access to various strategies and legal mechanisms for IP enforcement in India, ensuring effective protection of their intellectual property rights. Understanding the Legal Framework for IP Enforcement in India India has a robust legal framework to protect intellectual property rights, governed by various laws and international treaties. The primary laws include the Patents Act, 1970; the Trademarks Act, 1999; the Copyright Act, 1957; and the Designs Act, 2000. These statutes are aligned with international standards, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. IP enforcement in India is further supported by specialized IP courts and tribunals, which ensure that disputes are resolved efficiently and fairly. Key Avenues for IP Enforcement in India IP enforcement in India can be pursued through several avenues, depending on the nature of the intellectual property and the specific infringement. The most common methods include: Civil Litigation: Filing a civil lawsuit is one of the primary ways to address IP infringement in India. This process typically involves seeking an injunction to stop the infringing activity, along with claiming damages for the losses incurred. Indian courts are known to grant interim injunctions, which can provide immediate relief... --- > Explore the legal pathways for foreign companies to facilitate the transfer of IP rights in India. Understand the procedures, legal requirements, and best practices for ensuring a smooth transfer process. - Published: 2024-06-27 - Modified: 2024-08-23 - URL: https://www.maheshwariandco.com/faq/transfer-of-ip-rights-in-india/ Transfer of IP Rights in India The transfer of IP rights in India is a critical aspect of protecting and commercializing intellectual property for both domestic and international businesses. Foreign companies, in particular, may find the process of transferring IP rights in India to be complex due to the country's unique legal landscape and regulatory framework. This guide provides an in-depth analysis of how a foreign company can successfully facilitate the transfer of IP rights in India, ensuring compliance with Indian laws and regulations. Intellectual Property (IP) rights, including patents, trademarks, copyrights, and designs, are essential assets for any business. For foreign companies looking to operate or expand in India, understanding the nuances of transferring these rights is crucial. The transfer of IP rights in India involves various legal mechanisms, such as assignment and licensing, each with its specific requirements and implications. Legal Framework Governing the Transfer of IP Rights in India Understanding the legal framework is crucial for any foreign company looking to facilitate the transfer of IP rights in India. Indian intellectual property laws are well-established, offering robust protection for various forms of IP, including patents, trademarks, copyrights, and industrial designs. However, the transfer of these rights is governed by specific statutes and regulations that foreign companies must adhere to. Patents The transfer of patent rights in India is governed by the Patents Act, 1970. A foreign company can transfer its patent rights through an assignment, which must be in writing and registered with the Indian Patent Office.... --- > Discover how IP Law Firms in India offer extensive support to international businesses, including patent protection, trademark registration, and legal strategies to safeguard intellectual property in the Indian market. - Published: 2024-06-27 - Modified: 2024-08-26 - URL: https://www.maheshwariandco.com/faq/ip-law-firms-in-india/ The Crucial Role of IP Law Firms in India for International Businesses In today's globalized world, intellectual property (IP) is a critical asset for businesses. Protecting these assets, particularly in a complex and diverse market like India, requires specialized expertise. IP law firms in India play a pivotal role in helping international businesses navigate the intricacies of Indian IP law. From securing patents and trademarks to enforcing IP rights, these firms provide comprehensive legal support to ensure that businesses can operate smoothly while protecting their intellectual property. Patent Protection Services Offered by IP Law Firms in India One of the primary services provided by IP law firms in India is patent protection. For international businesses, obtaining patents in India is crucial to safeguarding their innovations and maintaining a competitive edge. IP law firms in India assist businesses in navigating the complex process of patent registration, which includes conducting prior art searches, drafting patent specifications, and filing patent applications. These firms also offer strategic advice on how to structure patent portfolios to maximize protection and commercial value. Furthermore, IP law firms in India provide ongoing support in maintaining patents, ensuring that all necessary renewals and legal formalities are adhered to. In the event of patent infringement, these firms are equipped to represent businesses in litigation, ensuring that their intellectual property rights are vigorously defended in Indian courts. Trademark Registration and Enforcement by IP Law Firms in India Another critical area where IP law firms in India provide invaluable support to international... --- > Discover the crucial benefits of IP protection for foreign companies in India, safeguarding innovations, enhancing brand trust, and mitigating legal risks. - Published: 2024-06-26 - Modified: 2024-08-21 - URL: https://www.maheshwariandco.com/faq/ip-protection-for-foreign-companies/ Importance of IP Protection for Foreign Companies in India Foreign companies operating in India must prioritize IP protection to safeguard their innovations, brands, and overall market position. With India's economy expanding rapidly, the country presents lucrative opportunities for international businesses. However, without robust IP protection, these companies face significant risks, including the unauthorized use of their intellectual property, which can lead to loss of competitive advantage and profitability. IP protection is a critical tool for foreign companies to navigate the complexities of the Indian market while securing their valuable assets. This article explores the importance of IP protection for foreign companies in India, highlighting the key benefits and strategies for safeguarding intellectual property rights. 1. Safeguarding Innovations and Maintaining Competitive Advantage A primary benefit of IP protection for foreign companies in India is the ability to safeguard innovations, which is crucial for maintaining a competitive edge. Intellectual property, including patents, trademarks, copyrights, and trade secrets, forms the backbone of a company's innovation strategy. Patents are particularly vital as they allow companies to prevent competitors from copying their technologies or products. This protection ensures that foreign companies can operate with exclusivity in the Indian market, encouraging continuous innovation. This is especially important in industries such as pharmaceuticals, technology, and manufacturing, where staying ahead of the competition is directly tied to the company's success. For foreign companies, securing IP protection in India means they can confidently invest in research and development, knowing that their innovations are legally protected against infringement. This not... --- > Learn how international companies can effectively handle IP dispute resolution in India. Explore strategies, legal frameworks, and best practices for resolving intellectual property disputes. - Published: 2024-06-26 - Modified: 2024-08-23 - URL: https://www.maheshwariandco.com/faq/ip-dispute-resolution-in-india/ IP Dispute Resolution in India Intellectual property (IP) disputes can significantly impact the operations and profitability of international companies operating in India. The Indian legal system offers a comprehensive framework for IP dispute resolution in India, ensuring that the rights of IP holders are protected. With the growing importance of intellectual property in today’s globalized economy, understanding the intricacies of IP dispute resolution in India is crucial for companies to safeguard their innovations, trademarks, patents, and copyrights. Legal Framework for IP Dispute Resolution in India IP dispute resolution in India is governed by a robust legal framework designed to protect intellectual property rights. The key legislations include the Patents Act, 1970, the Trademarks Act, 1999, the Copyright Act, 1957, and the Designs Act, 2000. These laws provide the legal basis for resolving disputes related to patents, trademarks, copyrights, and industrial designs. Another significant aspect of IP dispute resolution in India is the availability of alternative dispute resolution (ADR) mechanisms such as arbitration and mediation. These methods are increasingly popular among international companies as they offer quicker resolutions compared to traditional litigation. ADR methods also provide a level of confidentiality that is often essential in IP disputes, where trade secrets and sensitive information may be involved. The combination of strong legal statutes and judicial support makes IP dispute resolution in India a reliable process for international companies seeking to protect their intellectual property. Common Types of IP Disputes Faced by International Companies in India International companies operating in India often encounter... --- > Learn about IP infringement penalties in India and how IPR legal services in India can help international businesses protect their intellectual property rights. - Published: 2024-06-25 - Modified: 2024-08-21 - URL: https://www.maheshwariandco.com/faq/ipr-legal-services/ Importance of IPR Legal Services for International Businesses In today’s globalized economy, intellectual property rights (IPR) have become a cornerstone for businesses aiming to maintain a competitive edge. International businesses, in particular, must navigate complex IP laws across different jurisdictions to protect their valuable assets. This is where IPR legal services come into play. These services are indispensable for safeguarding innovations, brand identities, and proprietary technologies from unauthorized use and infringement. For businesses operating in India, understanding the nuances of the local legal landscape is critical. India’s stringent enforcement mechanisms and unique legal environment make it essential for international companies to seek expert legal support. IPR legal services in India offer comprehensive assistance in protecting and enforcing IP rights, thereby ensuring that businesses can focus on growth and innovation without the constant fear of IP theft or infringement. The Role of IPR Legal Services in Protecting Intellectual Property Intellectual property, including patents, trademarks, and copyrights, represents some of the most valuable assets for a business. However, the protection and enforcement of these rights can be challenging, particularly in a jurisdiction like India, where IP laws are complex and ever-evolving. This is where IPR legal services become crucial. IPR legal services play a pivotal role in securing intellectual property rights through the proper registration and documentation processes. Whether it’s filing for a trademark, securing a patent, or ensuring copyright protection, these services help businesses navigate the intricate legal procedures efficiently. By obtaining legal protection, businesses can prevent unauthorized use of their... --- - Published: 2024-06-25 - Modified: 2024-06-25 - URL: https://www.maheshwariandco.com/faq/how-can-an-international-company-renew-its-patents-and-trademarks-in-india/ To renew patents and trademarks in India, international companies need to follow specific procedures. Patent Renewal: Submission of Renewal Fees: Patents in India are valid for 20 years from the date of filing. To maintain the patent, annual renewal fees must be paid starting from the third year. The fees can be paid in advance or annually. Filing Form 27: This form, detailing the working status of the patent in India, must be filed annually. Failure to submit this form can lead to penalties. Grace Period: If the renewal fee is not paid within the stipulated time, a grace period of six months is provided, within which the fee can be paid with an additional surcharge. Trademark Renewal: Filing Form TM-R: Trademarks are initially registered for ten years. To renew, the trademark owner must file Form TM-R six months before the expiration date, accompanied by the prescribed fee. Grace Period: There is a grace period of six months after the expiration date during which the trademark can still be renewed by paying additional fees. If the trademark is not renewed within this period, it gets removed from the register, but it can still be restored by filing a restoration application and paying the requisite fees. Steps for Renewal: Access IP India Portal: The renewal processes for both patents and trademarks can be completed online through the IP India portal, which provides comprehensive e-filing services. Engage a Law Firm: Engaging with an intellectual property law firm in India can simplify the... --- > Learn about the essential documents required for trademarks registration in India. Ensure a smooth trademark application process with this comprehensive guide for foreign companies. - Published: 2024-06-24 - Modified: 2024-08-14 - URL: https://www.maheshwariandco.com/faq/trademarks-registration-in-india/ Trademarks Registration in India for Foreign Companies Trademarks registration in India is an essential process for foreign companies seeking to establish and protect their brand identity within the Indian marketplace. As India continues to be a major global economic player, safeguarding intellectual property through trademark registration has become increasingly important for international businesses. The process involves navigating various legal requirements, understanding the nuances of Indian trademark law and ensuring that all necessary documentation is correctly submitted. Understanding the Importance of Trademarks Registration in India Trademarks registration in India is not merely a legal formality; it is a strategic tool that offers several benefits to foreign companies operating in India. A registered trademark grants the owner exclusive rights to use the mark in relation to the goods or services for which it is registered. This exclusivity prevents competitors from using a similar mark, thereby protecting the company’s brand identity and market share. Additionally, a registered trademark can enhance the company’s brand value, making it a valuable asset that can be leveraged in business negotiations, licensing agreements, and franchising opportunities. Essential Documents for Trademarks Registration in India When a foreign company decides to register a trademark in India, several specific documents must be prepared and submitted to the Indian Trademarks Registry. These documents are crucial in ensuring that the application process is smooth, efficient, and compliant with Indian laws. 1. Trademark Application Form (Form TM-A) The trademark application form, known as Form TM-A, is the foundational document required for registration. This form... --- > Learn how international companies can register trademark in India online, ensuring brand protection in one of the world's largest markets. Step-by-step guide included. - Published: 2024-06-24 - Modified: 2024-08-14 - URL: https://www.maheshwariandco.com/faq/register-trademark-in-india/ International Trademark Registration in India For international companies looking to protect their brand in the Indian market, registering a trademark in India is a crucial step. India offers a streamlined process to register trademark in India, allowing foreign entities to secure their intellectual property rights online. This process is particularly important for companies seeking to expand their reach and safeguard their brand identity against infringement. How to Register Trademark in India International companies can register trademark in India by directly filing an application with the Indian Trademarks Registry. This method is applicable to companies with a business presence in India or those appointing an authorized agent or attorney in the country. The process involves: Conducting a Trademark Search: Before filing, it is essential to ensure that the trademark is not already registered or pending for similar goods or services. This can be done using the Indian Trademark Registry's online database. Preparing the Application: The application requires details such as the applicant's information, trademark description, and class of goods/services. If an Indian agent is used, a Power of Attorney must be submitted. Submission and Examination: After submitting the application and paying the required fees, the Indian Trademark Registry examines it for completeness and potential conflicts with existing trademarks. If the application meets all criteria, it will be published in the Trademark Journal for opposition. Final Registration: If no opposition is filed or successfully addressed, the trademark is registered, and a certificate is issued. This direct method provides immediate protection in India... --- > Learn about key IP laws in India, including patents, trademarks, and copyright, crucial for international companies to protect their intellectual property. - Published: 2024-06-21 - Modified: 2024-08-13 - URL: https://www.maheshwariandco.com/faq/ip-laws-in-india/ Introduction to IP Laws in India International companies operating in India must navigate a complex landscape of intellectual property (IP) laws that are critical to safeguarding their innovations and business interests. IP laws in India are comprehensive, covering various facets such as patents, trademarks, copyrights, and designs, and are aligned with international standards, including the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. Understanding these laws is essential for international businesses to ensure compliance and to protect their intellectual property in one of the world's fastest-growing markets. Overview of Key IP Laws in India Patents Act, 1970 The Patents Act, 1970 is the cornerstone of India's patent system, providing protection for inventions across various industries. The Act has undergone several amendments, most notably to expedite the examination process for patent applications, a critical factor for businesses in technology-driven sectors. Trade Marks Act, 1999 The Trade Marks Act, 1999 governs trademark registration and protection in India, operating on the "first to use" principle, which gives precedence to the first entity to use a trademark in commerce. The Act has been harmonized with the Madrid Protocol, allowing international companies to register trademarks in multiple countries, including India, through a single application. The protection of well-known trademarks is a significant feature, providing added security against infringement . Copyright Act, 1957 India's Copyright Act, 1957, is a robust framework that protects various forms of artistic and creative works, including literature, music, films, and software. Amendments to the Act have strengthened the rights of creators,... --- > Discover how a patent attorney in India can help international companies navigate the patent application process and secure approval efficiently - Published: 2024-06-21 - Modified: 2024-08-13 - URL: https://www.maheshwariandco.com/faq/patent-attorney-in-india/ Patent Attorneys in India Navigating the patent application process in India can be complex, especially for international companies unfamiliar with the local regulations. A patent attorney in India plays a crucial role in assisting these companies by providing expert guidance and ensuring that the patent application process is smooth and successful. Their expertise helps companies safeguard their intellectual property rights, which is essential for maintaining a competitive edge in the global market. The Role of a Patent Attorney in India in Patent Registration Expertise in Indian Patent Law A patent attorney in India possesses in-depth knowledge of Indian patent laws (Indian Patents Act of 1970). This expertise allows them to navigate the intricacies of patent registration in India effectively. They can advise international companies on the eligibility criteria, which require the invention to be novel, involve an inventive step and have industrial applicability. Additionally, the attorney ensures that the invention does not fall under the non-patentable subject matter, as outlined in Sections 3 and 4 of the Patents Act. Comprehensive Patent Application Process The patent application process in India involves several critical steps, including conducting a patent search, drafting the patent application, filing the application and responding to examination reports. A patent attorney in India guides international companies through each of these steps. They begin by conducting a thorough patent search to ensure that the invention is unique and has not been previously patented. This step is crucial to avoid legal conflicts and to strengthen the patent application. The attorney... --- > Learn essential strategies for international businesses to effectively manage intellectual property litigation in Delhi. Navigate the complexities with expert insights. - Published: 2024-06-20 - Modified: 2024-08-12 - URL: https://www.maheshwariandco.com/faq/intellectual-property-litigation-in-delhi/ Intellectual Property Litigation in Delhi Navigating intellectual property litigation in Delhi can be a complex process, especially for international businesses unfamiliar with the country's legal landscape. With a growing economy and increasing global interactions, India has become a significant player in the global IP arena. The country has been making continuous efforts to align its IP laws with international standards, making it an attractive yet challenging destination for businesses looking to protect their intellectual assets. Understanding the Intellectual Property Litigation Process in Delhi Before initiating formal litigation, it's crucial for businesses to engage in pre-litigation steps that can potentially resolve disputes without resorting to court action. These steps typically include conducting thorough IP audits and due diligence to assess the strength of your IP rights and the potential risks of infringement. An IP audit involves a comprehensive review of a company’s IP assets, which helps in identifying any gaps in protection and areas vulnerable to infringement. It also aids in ensuring that all necessary registrations and renewals are up-to-date, thereby fortifying the company's legal standing. Additionally, sending a well-crafted cease and desist notice to the alleged infringer can often prompt a resolution without the need for litigation. This notice serves as a formal demand for the infringer to stop their activities and can be an effective tool in enforcing your IP rights. Filing and Managing Intellectual Property Litigation in Delhi When pre-litigation efforts fail, the next step is to file an IP infringement lawsuit. In Delhi, IP disputes are treated... --- > Learn how an IP law firm in India can help foreign companies navigate IP registration costs effectively, ensuring comprehensive protection within budget. - Published: 2024-06-20 - Modified: 2024-08-12 - URL: https://www.maheshwariandco.com/faq/ip-law-firm-in-india/ When foreign companies decide to enter the Indian market, one of the key areas of concern is the protection of their intellectual property (IP). India, with its vast market potential and dynamic business environment, has become a hotspot for foreign investment. However, navigating the Indian legal landscape, particularly concerning IP registration, can be daunting for companies unfamiliar with local laws and practices. Understanding the costs associated with IP registration is crucial, and this is where an IP law firm in India can play a pivotal role. Importance of IP Protection for Foreign Companies Intellectual property is a critical asset for any business, but its importance is magnified when a company operates in a foreign market. IP protection safeguards a company’s innovations, trademarks, designs, and other proprietary assets from unauthorized use or infringement. For foreign companies in India, ensuring that their IP is adequately protected is essential not only for maintaining their competitive edge but also for avoiding legal disputes that could arise from IP violations. An IP law firm in India can provide this guidance, helping companies understand the legal requirements, potential challenges, and associated costs of IP registration. Understanding IP Registration Costs in India One of the first steps in IP protection is registration, and the costs associated with this process can vary widely depending on several factors. An IP law firm in India can help foreign companies break down these costs, providing a clear picture of what to expect. These costs typically include government fees, professional fees and... --- > Learn the step-by-step process for patent registration in India, including eligibility, required documents, and filing routes for international companies. - Published: 2024-06-18 - Modified: 2024-08-09 - URL: https://www.maheshwariandco.com/faq/patent-registration-in-india/ Patent registration is a crucial process for protecting intellectual property, especially for international companies looking to safeguard their innovations in India. The Indian patent system is governed by the Indian Patents Act, 1970, and the process involves several steps to ensure that the invention meets the criteria of novelty, inventiveness and industrial applicability. Patent Registration in India Patent registration in India involves a detailed procedure to secure exclusive rights over an invention. This process allows the patent holder to prevent others from making, using, or selling the invention without permission for a period of 20 years from the filing date. Steps for Patent Registration in India 1. Patent Search The first step is conducting a comprehensive patent search to ensure that the invention is unique and has not been previously patented. This involves checking existing patents and literature to confirm the novelty of the invention. Conducting a thorough patent search can prevent future legal conflicts and help in drafting a robust patent application. 2. Drafting the Patent Application A well-drafted patent application is critical. It should include a detailed description of the invention, claims defining the scope of protection, drawings, and an abstract. Precision in drafting is essential to avoid future legal issues. The application must clearly outline the inventive steps and industrial applicability of the invention. 3. Filing the Application The application can be filed through two primary routes: Paris Convention Route: If the company has already filed a patent application in its home country, it can file in... --- > Learn the legal requirements and steps for trademark registration in India for foreign companies, including direct filing and the Madrid Protocol. Ensure brand protection in India. - Published: 2024-06-18 - Modified: 2024-08-09 - URL: https://www.maheshwariandco.com/faq/trademark-registration-in-india/ Trademark Registration in India for Foreign Companies Trademark registration in India is a crucial step for foreign companies looking to protect their brand identity and intellectual property in the Indian market. The process involves navigating through specific legal requirements and choosing the appropriate registration method, either through direct filing with the Indian Trademark Registry or via the Madrid Protocol. Legal Requirements for Trademark Registration in India Pre-Filing Considerations Before submitting a trademark application, it is essential to conduct a comprehensive trademark search. This search ensures that the desired trademark is not already registered or pending for similar goods or services in India. This step helps avoid potential conflicts and legal disputes during the registration process . Filing the Application Foreign companies must file their trademark application with the Indian Trademark Registry. The application must include detailed information such as: The applicant’s name, address, and nationality A clear representation of the trademark (logo, brand name, etc. ) A list of goods or services to be covered under the trademark as per the NICE classification A Power of Attorney (PoA) authorizing an Indian attorney or agent to act on behalf of the foreign company . Examination and Publication Once the application is filed, the Indian Trademark Registry examines it for compliance with Indian trademark laws. If the application meets all requirements, it will be published in the Indian Trade Marks Journal for public scrutiny. This allows third parties to oppose the registration within a specific timeframe . Opposition and Registration If no... --- > Discover how international companies can enforce intellectual property rights in India. Learn about registration, legal frameworks, and overcoming common challenges. - Published: 2024-06-18 - Modified: 2024-08-09 - URL: https://www.maheshwariandco.com/faq/intellectual-property-rights-in-india/ Enforcing intellectual property (IP) rights in India is crucial for international companies operating in foreign markets, including India. With a robust legal framework in place, India offers several avenues for the protection and enforcement of intellectual property rights. This ensures that international companies can safeguard their innovations and brand identity against unauthorized use or infringement. Enforcing Intellectual Property Rights in India International companies can effectively enforce their intellectual property rights in India through a combination of registration, legal frameworks and enforcement mechanisms. India is a signatory to several international agreements such as the TRIPS Agreement, which sets the standards for IP protection globally. Registration and Legal Framework for Intellectual Property Rights in India Registration of Intellectual Property To enforce IP rights in India, it is imperative for international companies to register their intellectual property locally. This includes patents, trademarks, copyrights, and designs. Registration provides the legal basis for taking action against infringement and is essential for securing legal recognition and enforcement rights in India. India’s IP laws are aligned with international standards, offering robust protection. The key legislations include: The Patents Act, 1970: This act governs the process of patent registration, ensuring protection for novel inventions. It allows the patent holder exclusive rights to use, manufacture, and sell the invention. The Trademarks Act, 1999: This act protects brand names, logos, and other identifiers used in trade. It follows the "first to use" principle, giving precedence to the first user of a trademark. The Designs Act, 2000: This act provides protection... --- > Learn the process of copyright protection in India for foreign entities, including registration, enforcement, and benefits. - Published: 2024-06-18 - Modified: 2024-08-09 - URL: https://www.maheshwariandco.com/faq/copyright-protection-in-india/ Copyright Protection in India Foreign entities aiming for copyright protection in India must navigate the country's legal framework, which aligns with international conventions. The Copyright Act of 1957, along with subsequent amendments, provides a robust mechanism for copyright protection in India. Understanding Copyright Protection Copyright is an intellectual property right that grants creators exclusive rights over their literary, dramatic, musical and artistic works, as well as cinematograph films and sound recordings. The Copyright Act of 1957 governs these rights in India, ensuring that creators can control the reproduction, adaptation, and distribution of their works. India is a signatory to international agreements like the Berne Convention, which ensures that foreign works are protected in India without requiring formal registration. Registering Copyright in India The Process of Copyright Registration While copyright protection is automatic under the Berne Convention, registration in India, though not mandatory, is highly recommended. Registration provides prima facie evidence of ownership, making it easier to enforce rights and claim damages in case of infringement. The steps for registering copyright in India are as follows: Filing an Application: The copyright owner must file an application with the Indian Copyright Office, either manually or online. The application should include the particulars of the work, the applicant's details, and the requisite fee. Examination and Objections: After filing, the application is examined, and a Diary Number is issued. There is a 30-day waiting period for objections. If no objections are raised, the application is scrutinized for discrepancies. In the event of objections, a... --- ---