Corporate Law

The Ministry of Corporate Affairs, vide a notification dated May 15, 2023, notified the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2023 ("Amended Rules") to streamline certain parts of extant merger and amalgamation process under the Companies Act, 2013 ("Companies Act"); and consequently amend the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. ......

The Supreme Court ("SC") recently held that a writ court ordinarily should not interfere in matters relating to tender or contract. It further opined that a writ court should exercise caution when attempting to impose its decision on an employer regarding the acceptance or rejection of a tender bid, unless there is a glaringly obvious and significant issue that is brought to light. ......

The Ministry of Corporate Affairs ("MCA") vide its notification dated March 17, 2023 established the Centre for Processing Accelerated Corporate Exit ("C-PACE") to facilitate and speed up the process of voluntary closure of business of companies by removal of their names from the register of companies. ......

Consumer protection laws are designed to safeguard the interests of consumers and ensure that their rights are protected in case of any deficiency in the goods or services provided to them. In India, the Consumer Protection Act, 2019 is a significant legislation that aims to protect the interests of the consumers and to establish an efficient mechanism for the redressal of consumer disputes. ......

The validity of put option clauses in contracts has been a subject of detailed scrutiny for the Indian government, for several years. The discourse surrounding put option clauses originated from Section 20 of the Securities Contracts (Regulation) Act, 1956 ("Act")—which was subsequently omitted by the 1995 amendment to the Act. ......

Recently, in the case of Sunil Kumar Chandra v. M/s Spire Techpark Private Limited , the High Court of Delhi ("DHC") has held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. ......

In furtherance of its endeavour to review the regulatory norms on alternative investment funds (“AIFs”), the Securities and Exchange Board of India (“SEBI”), on February 3, 2023, issued five consultation papers containing such proposed alterations. Each such consultation paper discussed one proposed aspect of review—detailing the objective, background, issues for consideration, and proposal in relation thereto. ......

The Union Minister of Finance and Corporate Affairs, Smt. Nirmala Sitharaman presented the Union Budget 2023-24 ("Budget") in the Indian Parliament on February 01, 2023. The Budget is centered around opportunities for citizens with special focus on youth, growth and job creation and strong and stable macro-economic environment. ......

Recently, in the case of the State of Madhya Pradesh v. M/S Sew Construction Limited & Ors. , the Supreme Court ("SC") has held that discretion holds no place in matters relating to contracts unless the discretion has been expressly incorporated by the parties as part of the contract. ......