# Maheshwari and Co. > Best Corporate Law Firms in Delhi, Top 10 International Law Firms in India, Law of Agency --- ## Pages - [Safeguarding Public Funds Through Efficient Debt Recovery](https://www.maheshwariandco.com/deals/safeguarding-public-funds-through-efficient-debt-recovery/): Joint and several liability in bank loan recovery explained through the Canara Bank ruling, holding directors and guarantors responsible. - [Maheshwari & Co. Guides Complex Restructuring for Leading Manufacturing and E-Commerce Companies](https://www.maheshwariandco.com/deals/corporate-restructuring-legal-advisory-india/): Expert corporate restructuring legal advisory in India. MoU negotiation, SPA/SHA realignment, EBITDA valuation & shareholder rights protection services. - [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. - [Maheshwari & Co. Advises a Global Leader in Sustainable Wastewater Treatment and Environmental Solutions](https://www.maheshwariandco.com/deals/maheshwari-co-sustainable-wastewater-legal-advisory/): Legal advisory for sustainable wastewater treatment companies covering compliance, labour laws, and cross-border transactions by Maheshwari & Co. - [Suit for Recovery of Possession, Mesne Profit, and Damages](https://www.maheshwariandco.com/deals/suit-for-recovery-of-possession-and-mesne-profits/): Suit for recovery of possession and mesne profits decided under Order XII Rule 6 CPC based on clear admissions by tenant in a commercial lease dispute. - [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. - [Summary Suit Order 37 Of CPC For Recovery](https://www.maheshwariandco.com/deals/summary-suit-under-order-37-cpc-for-recovery/): Summary Suit Under Order 37 CPC for recovery explained through an ex-parte commercial court judgment involving cheque dishonour and loan default. - [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. - [Maheshwari & Co.’s Role in Supporting a Global Leader in Pressure and Vacuum Technology](https://www.maheshwariandco.com/deals/maheshwari-co-advises-global-tech-manufacturer/): Maheshwari & Co. supported a global pressure and vacuum technology manufacturer with compliance, transactions, and contract advisory across international operations. - [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. - [Maheshwari & Co. Assists Foreign Industrial Machinery & Equipment Manufacturer in Successful Loan Transaction](https://www.maheshwariandco.com/deals/legal-opinion-for-foreign-guarantors/): Maheshwari & Co. issued a legal opinion for foreign guarantors in a cross-border loan, covering enforceability, authority, and compliance under Indian law. - [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. - [Court Upholds PNB’s Refusal in M/s. Devang Solar v. Punjab National Bank & Anr](https://www.maheshwariandco.com/deals/m-s-devang-solar-v-punjab-national-bank-anr-judgment/): In M/s. Devang Solar v. Punjab National Bank & Anr, the Court upheld PNB’s refusal to honour the LC due to non-compliance with its terms. - [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. - [MAHESHWARI & CO. Advises Global Clothing Brand on Corporate, Regulatory, and IP Matters](https://www.maheshwariandco.com/deals/maheshwari-co-advises-global-fashion-brand-on-compliance/): MAHESHWARI & CO. guided a global fashion brand on compliance, IP, and corporate structuring, supporting its sustainable growth and phygital expansion. - [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. - [Court Declines to Initiate Perjury Proceedings Against Non-Applicant](https://www.maheshwariandco.com/deals/court-rejects-perjury-proceedings-in-bkr-capital-case/): Delhi Court dismisses BKR Capital’s plea to initiate perjury proceedings, ruling no proof of forgery or fabrication against Amit Gupta. - [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. - [Case name: Roop Chand Jayant & Ors. vs. Ram Chander & Ors.](https://www.maheshwariandco.com/deals/roop-chand-jayant-ors-vs-ram-chander-ors/): Read the judgment in Roop Chand Jayant & Ors. vs. Ram Chander & Ors, where Delhi Court ruled on partition, self-acquired vs. ancestral property claims. - [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. - [BGM and M-RPL-JMCT (JV) vs Eastern Coalfield Ltd](https://www.maheshwariandco.com/press-releases/arbitration-clause-dispute-bgm-vs-eastern-coalfields/): Supreme Court rules Clause 13 not a binding arbitration agreement; highlights importance of mutual consent and clear contract wording. - [M/s. Sonali Power Equipments Pvt. Ltd. Vs. Chairman, Maharashtra State Electricity Board, Mumbai & Ors.](https://www.maheshwariandco.com/press-releases/msme-arbitration-limitation/): SC rules Limitation Act applies to MSME arbitration under Section 18(3), not conciliation; balances speedy relief and legal timelines. - [Gurdial Singh (D) through LRS. Vs. Jagir Kaur (D) and Anr Etc.](https://www.maheshwariandco.com/press-releases/sc-invalidates-will-omitting-legal-heir-without-reason/): Supreme Court rules will invalid due to unexplained exclusion of spouse, stressing need for transparency and inclusion of natural heirs. - [MAHESHWARI & CO. Strengthens Its IPR Practice with the Appointment of Associate Partner Akshi Seem](https://www.maheshwariandco.com/press-releases/akshi-seem-joins-maheshwari-co-s-ipr-team/): Maheshwari & Co. appoints Akshi Seem as Associate Partner, enhancing its IPR practice with global trademark and IP portfolio expertise. - [State of Himachal Pradesh & Anr. Vs. JSW Hydro Energy Ltd. & Ors.](https://www.maheshwariandco.com/press-releases/sc-on-cerc-regulations-vs-contractual-terms/): SC rules that CERC regulations can’t override power supply contracts; JSW must supply 18% free power to Himachal as per agreement. - [Mala Devi Vs. Union of India & Ors.](https://www.maheshwariandco.com/press-releases/mala-devi-vs-union-of-india-ors/): SC rules 10-year service not mandatory for family pension; widows of railway employees with less than 10 years can claim pension on humanitarian grounds. - [Akshi Seem](https://www.maheshwariandco.com/our-team/akshi-seem/): Home Akshi Seem Associate Partner Social Connect Linkedin Get In Touch Please feel free to contact us. We will get... - [Bureau Of Indian Standards (BIS)](https://www.maheshwariandco.com/practice-areas/secretarial-services/bis-certification/): Need expert help with BIS Certification? Connect with a trusted BIS Certification Law Firm in India for end-to-end legal and compliance support. - [Fashion Law](https://www.maheshwariandco.com/practice-areas/secretarial-services/fashion-law/): Navigate design protection, contracts, IP, and compliance with a Fashion Lawfirm in India. Legal support tailored for fashion brands, designers, and retailers. - [Section 96 of the Insolvency and Bankruptcy Code, 2016](https://www.maheshwariandco.com/deals/insolvency-and-bankruptcy-code-2016/): Court rules that Section 96 of Insolvency and Bankruptcy Code, 2016 does not shield directors from criminal liability under Section 138 of NI Act. - [Acquisition of Minority Shareholding in Indian JV by Leading Italian Compressor Manufacturer](https://www.maheshwariandco.com/deals/minority-shareholding-acquisition-in-indian-jv/): Assisted in acquiring minority shareholding in an Indian JV, ensuring compliance with Companies Act and FEMA, and managing post-closing regulatory obligations. - [Supreme Court Clarifies Absconding as Relevant Conduct, Not Proof of Guilt, Under Section 8 Evidence Act in Chetan vs. State of Karnataka](https://www.maheshwariandco.com/press-releases/section-8-evidence-act/): SC rules absconding is relevant conduct under Section 8 Evidence Act, not direct proof of guilt, in Chetan vs State of Karnataka murder conviction case. - [ED Issues Circular Reinforcing Lawyer–Client Privilege](https://www.maheshwariandco.com/press-releases/circular-reinforcing/): ED issues circular restricting summons to advocates, protecting legal privilege under Article 21 and Section 132 of Bhartiya Sakshya Adhiniyam, 2023. - [Limits of Judicial Discretion: Revisiting Suo Motu Revision Powers in Nagarajan vs State of Tamil Nadu](https://www.maheshwariandco.com/press-releases/nagarajan-vs-state-of-tn/): SC holds High Courts can't use suo motu revision to enhance sentence without appeal. Key ruling in Nagarajan vs State of Tamil Nadu on judicial limits. - [Balancing Consumer Protection and Judicial Restraint](https://www.maheshwariandco.com/press-releases/gmada-vs-anupam-garg/): SC directs GMADA to refund with interest for delayed flat delivery, but denies loan interest claim. Key ruling on homebuyer compensation rights. - [TRAI launches pilot project for Digital Consent Management, aiming to curb spam](https://www.maheshwariandco.com/press-releases/trai-digital-consent-management/): TRAI's digital consent management pilot aims to stop spam by verifying user consent in banking communications. Key move to protect consumer data. - [FEMA Rules Amended to Permit Bonus Shares in FDI-Prohibited Sectors](https://www.maheshwariandco.com/press-releases/fema-rules-amended/): India allows bonus shares for non-residents in FDI-prohibited sectors under amended FEMA rules, without altering shareholding patterns. --- ## Posts - [The 2026 IT Amendment Rules: A New Era of Informatics Accountability](https://www.maheshwariandco.com/blog/it-amendment-rules-2026/): IT Amendment Rules 2026 redefine intermediary liability in India — SGI labelling, 3-hour takedowns, and new grievance rules explained. - [Legal Obligations of Food Businesses under FSSAI Registration and Licensing Regulations](https://www.maheshwariandco.com/blog/fssai-registration/): Understand FSSAI registration and licensing obligations for food businesses in India — types, compliance rules, and penalties explained. - [Challenges Posed by Artificial Intelligence to Traditional Legal Concepts of Agency and Causation – With an Indian Lens](https://www.maheshwariandco.com/blog/ai-liability-india-agency-causation-explained/): Explore how AI liability India challenges legal agency and causation. Understand algorithmic accountability, bias, and India's path to responsible AI regulation. - [Mandatory Pre-Litigation Mediation under Section 12A From Legislative Intent to Judicial Finality](https://www.maheshwariandco.com/blog/section-12a-pre-institution-mediation-explained/): Section 12A pre-institution mediation is now mandatory for commercial suits in India. Learn its legal impact and key Supreme Court rulings. - [Cross-border disputes, foreign-linked litigation and what the new rules on foreign lawyers mean for international cases in India](https://www.maheshwariandco.com/blog/foreign-lawyers-in-india-bci-rules/): Foreign lawyers in India explained. Understand BCI Rules 2025, arbitration rights, fly in fly out limits, and impact on cross border disputes. - [Navigating FDI regulations in Indian e-commerce](https://www.maheshwariandco.com/blog/navigating-fdi-regulations-in-indian-e-commerce/): Explore the comprehensive guide on FDI regulations in Indian e-commerce sector. Understand the policies, compliance requirements, FDI regulations, and investment opportunities. - [Telecommunication And Broadcasting Laws In India](https://www.maheshwariandco.com/blog/telecommunication-and-broadcasting-laws-in-india/): Telecommunication and Broadcasting Laws in India: TRAI powers, TDSAT jurisdiction, licensing, spectrum control and key Supreme Court rulings. - [Understanding Indian E-commerce Regulations: A Guide for Foreign Companies](https://www.maheshwariandco.com/blog/understanding-indian-e-commerce-regulations-a-guide-for-foreign-companies/): Learn the essential regulations for setting up an e-commerce business in India. Ensure compliance and smooth market entry for your foreign company. - [Freedom-to-Operate (FTO) Searches: How Established Companies Avoid Costly Patent Infringement](https://www.maheshwariandco.com/blog/fto-search-in-india-complete-guide/): Comprehensive guide to FTO search in India. Learn how freedom-to-operate analysis helps companies avoid patent infringement and ensure IP clearance in 2026. - [Indian Labour Laws and Changing Work Nature](https://www.maheshwariandco.com/blog/indian-labour-laws-and-changing-work-nature/): Comprehensive overview of Indian labour laws including EPF, gratuity, bonus, and maternity benefits. Know your workplace rights under 5 essential acts. - [The EU-India Free Trade Agreement 2026 - A New Era For Intellectual Property Rights](https://www.maheshwariandco.com/blog/eu-india-fta-2026-intellectual-property-guide/): EU-India FTA 2026 transforms intellectual property landscape. Learn about new patent rules, trademark enforcement, traditional knowledge & IP compliance. - [Merchanting Trade Transactions in India: Understanding the Legal and Regulatory Framework](https://www.maheshwariandco.com/blog/merchanting-trade-transactions-in-india/): Explore the concept of merchanting trade transactions in India. Understand the legal and regulatory framework governing these transactions, and learn how businesses can navigate the complexities involved. - [Union Budget 2026–27 : Charting India’s Path to Inclusive Growth](https://www.maheshwariandco.com/blog/union-budget-2026-27/): Union Budget 2026–27 analysis covering growth strategy, taxation reforms, infrastructure spending, MSME support, and India’s inclusive development roadmap. - [The Inordinate Transition: A Jurisprudential Exploration Of The Income-Tax Act, 2025](https://www.maheshwariandco.com/blog/income-tax-act-2025-india/): Income Tax Act 2025 India explained from a legal perspective, covering transition from the 1961 Act, taxpayer rights, litigation impact, and compliance changes. - [Land Acquisition for Solar and Wind Parks: Reconciling LARR Act, 2013 with Energy Transition Goals](https://www.maheshwariandco.com/blog/land-acquisition-for-renewable-energy-projects-in-india/): Land acquisition for renewable energy projects in India under the LARR Act, 2013. Consent rules, SIA, rehabilitation duties and legal risks explained. - [Aviation Contracts And The Silent Role Of DGCA](https://www.maheshwariandco.com/blog/aviation-contracts-in-india/): Explore how regulatory conditioned aviation contracts in India depend on DGCA approvals, statutory compliance, and evolving aviation laws. - [The New Income Tax Act 2025](https://www.maheshwariandco.com/blog/the-new-income-tax-act-2025/): Income Tax Act 2025 India explained in simple terms. Learn objectives, key changes, digital compliance impact, and benefits before April 2026. - [SEBI’s Latest Takeover Code Amendments: What Acquirers Must Know](https://www.maheshwariandco.com/blog/sebi-takeover-code-amendments/): SEBI Takeover Code 2025 introduces major changes in valuation, disclosures, and open offer rules. Learn what acquirers must know before a takeover. - [Role Of Intellectual Property Rights In The Sports Sector](https://www.maheshwariandco.com/blog/role-of-intellectual-property-rights-in-sports/): Understand the role of intellectual property rights in sports, covering trademarks, copyrights, patents, broadcasting rights, and athlete identity protection. - [Why IP Audits Are Becoming Deal-Makers in India’s M&A Landscape: Integrating IP Governance into Due Diligence](https://www.maheshwariandco.com/blog/ip-due-diligence-in-india-for-ma-and-investments/): IP due diligence in India is now a deal-maker in M&A. Learn how IP audits reduce risk, improve valuation, and strengthen investor confidence. - [The Legal Guide to IP Portfolio Management for Large Enterprises](https://www.maheshwariandco.com/blog/ip-portfolio-management-services/): IP portfolio management services for large enterprises covering renewals, enforcement, governance, and global compliance by experienced IP law firms. - [Fighting Corporate Fraud In India: Law, Accountability, And The Road Ahead](https://www.maheshwariandco.com/blog/corporate-fraud-laws-in-india/): Corporate fraud laws in India regulate financial misconduct through the Companies Act, SEBI, PMLA, and IT Act, ensuring accountability and investor protection. - [Emergency Playbook: Responding to Show-Cause Notices & Seeking Interim Relief Before the NGT](https://www.maheshwariandco.com/blog/ngt-interim-relief-against-pcb-orders/): NGT interim relief against PCB orders explained with 2025 judicial trends. Practical guidance on show-cause notices, interim stays, and compliance strategy. - [Detecting and Preventing IP Infringement: Proactive Monitoring for Established Brands](https://www.maheshwariandco.com/blog/ip-infringement-monitoring-for-established-brands/): IP infringement monitoring helps established brands detect counterfeits, trademark misuse, and patent risks early through proactive surveillance and enforcement. - [Intellectual Property Rights In The Renewable Energy Sector](https://www.maheshwariandco.com/blog/intellectual-property-rights-in-renewable-energy/): Intellectual Property Rights in Renewable Energy cover patents, trademarks, designs, and trade secrets protecting green technologies and innovations. - [How to Build a Sustainable IP Maintenance Strategy for Global Businesses](https://www.maheshwariandco.com/blog/global-ip-maintenance-strategy/): A practical guide to building a global IP maintenance strategy covering renewals, compliance, cost control, and enforcement for international business portfolios. - [Amendment To The Merchant Banker Rules By SEBI](https://www.maheshwariandco.com/blog/sebi-merchant-banker-rules-amendment-2025/): SEBI Merchant Banker Rules Amendment 2025 reshapes capital norms, liquid net worth, underwriting limits, and merchant banking regulation in India. - [Property & Real Estate Disputes](https://www.maheshwariandco.com/blog/property-and-real-estate-disputes/): Property and real estate disputes in India explained with key legal remedies including injunctions, partition suits, declaratory title suits, and lis pendens. - [Role of Patent Prosecution Highways in Advancing Patent Grants](https://www.maheshwariandco.com/blog/patent-prosecution-highway/): Patent Prosecution Highway (PPH) enables faster patent grants by using positive examination results across member patent offices globally. - [Reserve Bank of India’s Draft Directions Governing Acquisition Finance by Commercial Banks: A Paradigm Shift in India’s Capital Market Regulatory Framework](https://www.maheshwariandco.com/blog/rbi-acquisition-finance-guidelines-2025-explained/): RBI acquisition finance guidelines 2025 explained, covering bank funding for M&A, eligibility rules, exposure limits, security norms, and compliance impact. - [The Cockpit Verdict: Redefining 'Workman'](https://www.maheshwariandco.com/blog/the-cockpit-verdict/): The Cockpit Verdict: Redefining Workman status in Pilot in Command workman status under Industrial Disputes Act, as clarified by Delhi High Court. - [India's Labour Codes 2020: A Transformative Reform](https://www.maheshwariandco.com/blog/indias-labour-codes-2020/): India Labour Codes 2020 explained in detail, covering wages, industrial relations, social security, gig workers, and workplace safety reforms. - [Challenging Environmental Clearance (EC) At The NGT](https://www.maheshwariandco.com/blog/challenging-environmental-clearance-at-ngt/): Challenging Environmental Clearance at NGT involves strict timelines, locus rules, and legal grounds under the NGT Act, 2010 and EIA framework. - [Intellectual Property Rights in the Telecom Industry](https://www.maheshwariandco.com/blog/intellectual-property-in-telecom-industry/): Understand how intellectual property in telecom industry impacts patents, trademarks, SEPs, licensing and protects innovation in India’s fast-evolving telecom sector. - [Global Trademark Protection: Safeguarding Brand Value in Multi-Jurisdiction Markets](https://www.maheshwariandco.com/blog/global-trademark-protection/): Learn how global trademark protection helps safeguard brand value and secure rights across multi-jurisdiction markets. - [The Prevention Of Money-Laundering Act, 2002: A Comprehensive Analysis Of India’s Stance Against Financial Crime](https://www.maheshwariandco.com/blog/prevention-of-money-laundering-act-2002/): Complete analysis of the Prevention of Money Laundering Act 2002, covering key sections, powers of ED, amendments, and major Supreme Court rulings. - [Understanding Commercial and Shareholders Disputes in India](https://www.maheshwariandco.com/blog/shareholder-disputes-resolution-in-india/): A clear guide to shareholder disputes resolution in India covering oppression, mismanagement, NCLT remedies, audits, and board control issues. - [Defamation (Civil & Criminal) And Online Reputation cases: Understanding Rights In Digital Age](https://www.maheshwariandco.com/blog/online-defamation-law-in-india/): Understand online defamation law in India, civil and criminal remedies, digital evidence rules, and rights that protect online reputation. - [Understanding Standard Form Employment Contracts in India: How the Law Protects Employees from Unfair Clauses](https://www.maheshwariandco.com/blog/standard-form-employment-contracts-india/): Understand standard form employment contracts in India, employee rights, unfair clauses, and legal limits on non-compete and post-employment restrictions. - [Branding by Scent - Landmark Registration of India’s First Smell Mark](https://www.maheshwariandco.com/blog/india-smell-trademark-first-scent-mark-filed/): India smell trademark milestone as Sumitomo’s rose-scent tyre mark gets accepted. A new chapter for non-traditional trademarks in India. - [What IP Should a Tech Startup Secure First?](https://www.maheshwariandco.com/blog/tech-startup-intellectual-property-guide/): A clear tech startup intellectual property guide covering trademarks, patents, copyright, and contracts for building a strong IP foundation in India. - [India implements Four New Labour Codes: A transformative Shift in the Workforce Framework](https://www.maheshwariandco.com/blog/indias-four-labour-codes-explained/): Know how India’s four labour codes reshape wages, social security, safety, and employment rules. Full breakdown of the new workforce framework. - [The Evolving Landscape of Personality Rights in India](https://www.maheshwariandco.com/blog/personality-rights-in-india/): Explore personality rights in India, key laws, court rulings, and digital-age challenges shaping identity protection today. - [DPDP Act Compliance Mandate](https://www.maheshwariandco.com/blog/dpdp-act-compliance-guide-2025/): DPDP Act Compliance explained with phases, rules, duties, consent standards, and key steps for businesses preparing for 2025–2027 rollout. - [ADR and IPR in the Digital World](https://www.maheshwariandco.com/blog/adr-in-digital-ip-disputes/): ADR in digital IP disputes helps resolve online IP issues faster through mediation, arbitration, and new strategies for enforcement in the digital era. - [Section 138 of the Negotiable Instruments Act, 1881: A Comprehensive Legal Analysis](https://www.maheshwariandco.com/blog/section-138-of-negotiable-instruments-act/): Comprehensive analysis of Section 138 of the Negotiable Instruments Act covering cheque dishonour, legal procedures, defences, and landmark cases. - [Artificial Intelligence: People, Planet, Profit](https://www.maheshwariandco.com/blog/artificial-intelligence-and-sustainable-governance/): Explore how Artificial Intelligence drives sustainability, ethical governance, and balanced growth for people, planet, and profit. - [Asha Bhosle v. Mayc Inc: Bombay High Court reaffirms that film titles cannot enjoy copyright protection](https://www.maheshwariandco.com/blog/asha-bhosle-v-mayc-inc-ai-personality-rights/): Bombay High Court in Asha Bhosle v Mayc Inc protects celebrity personality rights against AI voice cloning and unauthorized digital exploitation. - [Managing Intellectual Property Rights in Indian Pharmaceutical Companies -Innovative Techniques for In‑House Legal Teams](https://www.maheshwariandco.com/blog/intellectual-property-in-indian-pharma/): Learn how Intellectual Property in Indian Pharma drives innovation, protects patents, and helps legal teams manage IPR effectively. - [ESG Compliance in India: New Reporting Mandates](https://www.maheshwariandco.com/blog/esg-compliance-in-india/): Understand SEBI’s 2025 ESG compliance and BRSR Core mandates. Learn key reporting timelines, value chain rules, and disclosure requirements. - [India’s Digital Personal Data Protection Act, 2023: A Transformative Step in Data Privacy Law](https://www.maheshwariandco.com/blog/digital-personal-data-protection-act-2023/): Understand India’s Digital Personal Data Protection Act 2023 — key provisions, global comparisons, and its impact on data privacy law. - [Navigating Consumer Disputes in India](https://www.maheshwariandco.com/blog/navigating-consumer-disputes-in-india/): Understand consumer disputes in India under the Consumer Protection Act, 2019—rights, complaint filing process, limitation, and NCDRC appeals. - [Wow Momo Foods Private Limited vs Wow Burger & Anr](https://www.maheshwariandco.com/blog/delhi-hc-on-wow-momo-trademark-case/): Delhi High Court rules on the WOW Momo trademark case, clarifying that common or laudatory words like ‘WOW’ can’t be monopolized. - [Dynamic Injunctions in India: Navigating the Future of Digital Piracy Protection](https://www.maheshwariandco.com/blog/dynamic-injunctions-in-india/): Learn how dynamic injunctions in India protect brands from digital piracy and online IP infringement effectively. - [Transfer Pricing Compliance & Documentation for Offshore Subsidiaries in India](https://www.maheshwariandco.com/blog/transfer-pricing-compliance-in-india/): Offshore subsidiaries must ensure transfer pricing compliance in India through proper documentation, ALP rules, and CBDT regulations. - [The Aspects Of Regular As Well As Anticipatory Bail In Various Domains](https://www.maheshwariandco.com/blog/anticipatory-bail-in-india/): Explore anticipatory bail in India, its legal scope under CrPC, NDPS, POCSO, and economic offences with key Supreme Court judgments. - [Protecting the Look and Feel of Your Product under the Designs Act](https://www.maheshwariandco.com/blog/design-protection-under-the-designs-act-2000/): Understand design protection under the Designs Act, 2000—learn how product aesthetics are safeguarded and why registration builds brand value. - [How to set up an offshore subsidiary in India?](https://www.maheshwariandco.com/blog/offshore-subsidiary-in-india/): Step-by-step process to set up an offshore subsidiary in India, comply with FDI norms, and register a foreign company under Indian law. - [The Promotion and Regulation of Online Gaming Rules, 2025: A Comprehensive Analysis](https://www.maheshwariandco.com/blog/online-gaming-rules-2025-key-highlights-impact/): Explore the Promotion and Regulation of Online Gaming Rules 2025 — India's new gaming law reshaping the digital gaming industry. - [Complaint For Delay/Refund & Possession With Interest: Recent Judicial Clarifications](https://www.maheshwariandco.com/blog/rera-refund-and-possession-cases/): Recent court rulings clarify RERA refund and possession rights for homebuyers. Learn key takeaways from Supreme Court and RERA decisions. - [Challenges in Cross-Border Trademark Enforcement](https://www.maheshwariandco.com/blog/cross-border-trademark-enforcement/): Explore challenges and strategies for effective cross-border trademark enforcement and protection for MNCs in India. - [Exiting SEZ and STPI Units: Downsizing Without Compliance Pitfalls](https://www.maheshwariandco.com/blog/sez-exit-procedure-compliance-guide/): SEZ exit procedure, compliance rules, and steps to avoid penalties when closing or downsizing SEZ and STPI units in India. - [Business Transfers and Employee Rights under Section 25FF](https://www.maheshwariandco.com/blog/section-25ffbusiness-transfers-employee-rights/): Rights of employees under Section 25FF business transfer India — continuity or compensation in mergers, sales, restructurings. - [Facing an Enforcement Directorate (ED) Investigation? Here’s What You Must Know](https://www.maheshwariandco.com/blog/enforcement-directorate-investigation-in-india/): Understand your rights, legal steps, and strategies when facing an Enforcement Directorate nvestigation in India. - [IP Enforcement in India - Trademark, Copyright, and Patent Perspectives](https://www.maheshwariandco.com/blog/ip-enforcement-india-trademark-copyright-patent/): Explore IP enforcement in India—trademark, copyright & patent remedies, civil & criminal tools, and strategies to protect your rights. - [Trademark Registration Process for Small Businesses in India: A Step-by-Step Guide](https://www.maheshwariandco.com/blog/trademark-registration-india-guide/): Step-by-step guide for Trademark Registration India — how to file, examine, publish & register your brand in India. - [Content Licensing in India](https://www.maheshwariandco.com/blog/content-licensing-in-india/): Content licensing in India covers copyright clauses, DPDP compliance, and takedown SOPs in media contracts. - [White-Collar Crimes In The Digital Age: Emerging Prosecution Trends And Defense Strategies](https://www.maheshwariandco.com/blog/white-collar-crime-in-the-digital-age-india/): Explore how white collar crime in the digital age is evolving in India. Learn about prosecution trends, defense strategies, and legal reforms. - [Customs Recordation in India: Understanding the Limits of Border Enforcement of IPR](https://www.maheshwariandco.com/blog/customs-ipr-recordation-in-india-explained/): Customs IPR Recordation in India: how it works, its limits, and why patents are excluded. A practical guide for businesses protecting IP at the border. - [Harnessing Blockchain to Secure IP Rights in India](https://www.maheshwariandco.com/blog/blockchain-ip-rights-in-india/): Discover how blockchain secures IP rights in India, from copyright to patents, with legal recognition, smart contracts, and anti-counterfeit protection. - [Contract Performance Disputes in India: Defending Against Termination, LD, and Risk-Purchase Claims](https://www.maheshwariandco.com/blog/contract-performance-disputes-in-india/): Defend against contract performance disputes in India—fight LD, wrongful termination, and risk purchase claims with strong evidence and strategy. - [Global Brand Expansion via Madrid System: An Indian Perspective](https://www.maheshwariandco.com/blog/madrid-system-for-international-trademark-registration/): Learn how Indian businesses can use the Madrid System for international trademark registration to expand and protect brands worldwide. - [Denied Relaxations in Government Tenders? Legal Remedies for MSMEs and Start-ups in India](https://www.maheshwariandco.com/blog/msmes-and-start-ups-in-india/): MSMEs and start-ups in India can challenge denial of tender relaxations through legal remedies and the tender litigation process. - [AI and Environment Law](https://www.maheshwariandco.com/blog/ai-and-environment-law/): Explore AI and Environment Law, its impact on energy, water, emissions, and India’s legal framework for sustainable technology use. - [NBFC/CIC classification issue](https://www.maheshwariandco.com/blog/nbfc-cic-classification-issue/): Break down NBFC CIC classification issue: how RBI definitions and SPV structures cause compliance ambiguity—what firms need to know. - [How to Choose and Protect a Business Name in India?](https://www.maheshwariandco.com/blog/protect-a-business-name-in-india/): Learn how to choose and protect a business name in India. Understand trademark strength, registration, and enforcement to build a strong brand. - [Generative AI and Copyright Law in India: Who Owns the Training Data?](https://www.maheshwariandco.com/blog/ai-and-copyright-law-in-india/): Explore how Generative AI and Copyright Law in India intersect, covering fair dealing, training data, and legal risks for businesses and creators. - [Strengthening the Family of Marks Doctrine: Mankind Pharma v. Ram Kumar](https://www.maheshwariandco.com/blog/family-of-marks-doctrine/): Delhi High Court reinforces the Family of Marks Doctrine in Mankind Pharma v. Ram Kumar, safeguarding “Kind” trademarks from deceptive similarity. - [BIS Compliance in India: Navigating FMCS and Scheme X](https://www.maheshwariandco.com/blog/bis-compliance-in-india/): Learn how BIS compliance through FMCS and Scheme X ensures product safety, legal access, and smooth entry into the Indian market. - [Patent & Trade-Secret Playbooks for Software and AI Models in India](https://www.maheshwariandco.com/blog/ai-patent-protection-in-india/): Learn how AI and ML inventions can qualify for AI patent protection in India under Section 3(k) and the CRI Guidelines 2025. - [Emergency Arbitration and Its Applicability in India](https://www.maheshwariandco.com/blog/emergency-arbitration-in-india/): Explore Emergency Arbitration in India—its legal status, key judgments, Section 9 vs EA, and enforcement under the Arbitration Act. - [Where Can You Sue for Trademark Infringement? Bombay HC Clarifies: It’s the Place of Purchase, Not the Customer’s Address](https://www.maheshwariandco.com/blog/trademark-infringement-jurisdiction/): Bombay HC clarifies trademark infringement jurisdiction: suits must be filed where the purchase occurs, not at the buyer’s delivery address. - [Legal Frameworks for Emerging Aviation Technologies and Liability](https://www.maheshwariandco.com/blog/legal-frameworks-for-emerging-aviation-technologies/): Explore legal frameworks for emerging aviation technologies, covering drones, eVTOLs, AI, liability, and compliance in India and globally. - [Understanding Section 21 Of The Arbitration And Conciliation Act](https://www.maheshwariandco.com/blog/section-21-of-the-arbitration-and-conciliation-act/): Understand Section 21 of the Arbitration and Conciliation Act, its mandatory nature, waiver, and role in limitation for arbitration proceedings. - [From Roots to Riches - The Economic and Cultural Value of Geographical Indications](https://www.maheshwariandco.com/blog/geographical-indications-in-india/): Explore the cultural and economic value of Geographical Indications in India, from Darjeeling Tea to Banarasi Sarees, under the GI Act 1999. - [Pernod Ricard case reaffirms limits of trademark infringement claims in case of isolated similarities](https://www.maheshwariandco.com/blog/trademark-infringement-supreme-court-on-pernod-ricard-case/): Supreme Court rules isolated similarity is not trademark infringement in Pernod Ricard case, reinforcing limits on generic and laudatory terms. - [Inheritance Rights of Stepchildren in India](https://www.maheshwariandco.com/blog/inheritance-rights-of-stepchildren-in-india/): Understand the inheritance rights of stepchildren in India, legal position under Hindu Succession Act, and how wills or adoption impact property rights. - [Online Gaming Bill 2025](https://www.maheshwariandco.com/blog/online-gaming-bill-2025/): Explore key provisions of the Online Gaming Bill 2025 covering ban on money games, e-sports promotion, penalties, and regulations. - [Navigating Trademark Disputes in India: Lessons from the Mc Prefix Case](https://www.maheshwariandco.com/blog/trademark-disputes-the-mc-prefix-case-in-india/): Explore trademark disputes in India with lessons from the Mc prefix case, highlighting brand protection, dilution, and family of marks. - [Social Responsibility In Balancing Player Protection With Engaging Offers](https://www.maheshwariandco.com/blog/player-protection-in-online-gaming/): Learn how Indian gaming platforms ensure player protection with responsible gaming, fair play, and transparent practices. - [Brand Safety in the Realm of Gaming](https://www.maheshwariandco.com/blog/brand-safety-in-gaming-ads/): Explore brand safety in gaming ads, Indian regulations, and compliance measures to ensure safe, responsible advertising practices. - [Traditional Knowledge and Public Domain in India: Protecting Cultural Assets](https://www.maheshwariandco.com/blog/traditional-knowledge-in-india-legal-protection/): Explore how India protects Traditional Knowledge through copyright law, folklore safeguards, and sui generis legal frameworks. - [Fighting Digital Piracy and Copyright Infringement in India](https://www.maheshwariandco.com/blog/digital-piracy-copyright-infringement-in-india/): Learn how to tackle copyright infringement in India with legal remedies, takedowns, and enforcement strategies. - [Fashion Piracy in India: The conjunction of Design Law and Copyright](https://www.maheshwariandco.com/blog/fashion-piracy-in-india/): Learn how India’s design and copyright laws address fashion piracy, protecting designers from unauthorized reproductions. - [Raanjhanaa's Vision to Raanjhanaa's Revision – The Legal Exclusion of Directors in Indian Cinema](https://www.maheshwariandco.com/blog/directors-rights-under-indian-copyright-law/): Explore directors' rights under Indian copyright law, moral rights, joint authorship debates, and proposals for legal reform in Indian cinema. - [How Public Participation and Crowdsourcing Are Reshaping Patent Examination](https://www.maheshwariandco.com/blog/public-role-in-patent-examination/): Explore how public participation and crowdsourcing are reshaping patent examination by improving scrutiny, transparency, and patent quality. - [Land Registration Alone Does Not Confer Ownership](https://www.maheshwariandco.com/blog/land-registration-property-ownership/): Land registration doesn’t prove ownership. Learn what documents actually matter when proving legal title to a property in India. - [Fashion Law in India: Weaving Legal Threads into the Fabric of Style](https://www.maheshwariandco.com/blog/fashion-law-in-india/): Explore Fashion Law in India—how IP, design, and trademark laws shape legal protection for designers, brands, and creators in the fashion industry. - [Reaffirming the Rule of Law and the Need for Specific Evidence by Enforcement Directorate in PMLA](https://www.maheshwariandco.com/blog/rule-of-law-evidence-in-pmla-investigations/): Explore how rule of law, fair trial, and specific evidence shape PMLA investigations and limit the Enforcement Directorate’s unchecked powers. - [What You Can—and Can’t—Patent: Understanding Patentable Subject Matter](https://www.maheshwariandco.com/blog/patentable-subject-matter-in-india-explained/): Patentable Subject Matter explained: Learn what inventions qualify for patents in India, key exclusions under law, and emerging debates in tech and biotech. - [ESG framework for Debt Securities](https://www.maheshwariandco.com/blog/esg-framework-for-debt-securities/): SEBI introduces a new ESG Debt Securities framework to boost credibility, transparency, and alignment with global sustainability standards. --- ## Practice Area --- ## FAQs - [What are the Homebuyer protection under Haryana RERA?](https://www.maheshwariandco.com/faq/what-are-the-homebuyer-protection-under-haryana-rera/): Discover how homebuyer protection under Haryana RERA ensures transparency and timely project completion, safeguarding your real estate investments in Haryana. - [How can homebuyers file a complaint with Haryana RERA?](https://www.maheshwariandco.com/faq/how-can-homebuyers-file-a-complaint-with-haryana-rera/): Learn how to file a complaint with Haryana RERA. 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. One... - [What are the annual filing and audit requirements for foreign companies operating in India?](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.... - [What are the legal considerations for hiring foreign nationals in India?](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... - [Are there any specific data protection laws that foreign companies need to comply with in India?](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... - [What are the requirements for repatriation of profits and dividends by foreign companies?](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... - [How do India's bilateral investment treaties affect foreign investors?](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... - [How does the Foreign Exchange Management Act (FEMA) impact foreign investment in India?](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... - [Are there any specific advantages for foreign companies setting up in Special Economic Zones (SEZs) in India?](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... - [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. Labour laws in... - [How long does it typically take to incorporate a company in India?](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... - [What are the compliance requirements for foreign companies in India?](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... - [Which specific industries have foreign investment restriction in India?](https://www.maheshwariandco.com/faq/foreign-investment-restriction-in-india/): 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. - [What are the regulatory approvals required for foreign companies to start operations in India?](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.... - [How can a foreign company set up a branch office in India?](https://www.maheshwariandco.com/faq/set-up-a-branch-office-in-india/): 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. - [What are the tax implications for foreign businesses operating in India?](https://www.maheshwariandco.com/faq/tax-implications-for-foreign-businesses/): 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. - [What are the primary business structures for foreign companies in India?](https://www.maheshwariandco.com/faq/business-structures-for-foreign-companies-in-india/): Discover the primary business structures for foreign companies in India. Explore the options and legal requirements for establishing a successful business in India. - [What are the legal requirements for incorporating a subsidiary in India?](https://www.maheshwariandco.com/faq/incorporating-a-subsidiary-in-india/): 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. - [How does the patent examination process in India work?](https://www.maheshwariandco.com/faq/patent-examination-process-in-india/): 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. - [What are the different types of patent searches in India?](https://www.maheshwariandco.com/faq/patent-searches-in-india/): 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 - [What are the common challenges faced by international companies in IP registration in India?](https://www.maheshwariandco.com/faq/ip-registration-in-india/): 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. - [What common objections are raised during the patent examination in India?](https://www.maheshwariandco.com/faq/patent-examination-in-india/): 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. - [How can an international company find a reliable IP attorney in India?](https://www.maheshwariandco.com/faq/ip-attorneys-in-india/): 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. - [What are the key IP law differences between India and other countries?](https://www.maheshwariandco.com/faq/ip-law-differences/): 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. - [How can international companies pursue IP enforcement in India to protect their intellectual property rights?](https://www.maheshwariandco.com/faq/ip-enforcement-in-india/): 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. - [Can a foreign company facilitate the transfer of IP rights in India?](https://www.maheshwariandco.com/faq/transfer-of-ip-rights-in-india/): 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. - [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 > Joint and several liability in bank loan recovery explained through the Canara Bank ruling, holding directors and guarantors responsible. - Published: 2026-02-13 - Modified: 2026-02-13 - URL: https://www.maheshwariandco.com/deals/safeguarding-public-funds-through-efficient-debt-recovery/ Case Name: Canara Bank vs. M/s. Giriraj Tours & Travels Pvt. Ltd. & Ors. Date of Judgment: January 22, 2026 Introduction This judgment marks an important move toward making companies and their directors answer for their financial responsibilities. The main goal is to protect public funds. When banks like Canara Bank give out loans, they rely on money from depositors. If borrowers default, as happened here with several vehicle loans, it can weaken the bank’s financial health. This decision shows that the legal system can help recover these funds, so business failures do not end up affecting the public. The judgment also explains what "joint and several liability" means. Both the company and the directors who guaranteed the loan are equally responsible for paying it back. If selling the vehicles does not pay off the debt, the bank can go after the directors’ personal assets. This takes away some ways people have avoided paying creditors in the past. In the end, the decision encourages financial discipline and makes sure borrowers are held responsible for unpaid loans. Background of the Case The applicant, i. e. , Canara Bank, filed an application on 14th March, 2016, seeking recovery of Rs. 28,77,737/- (Twenty Eight Lakhs Seventy Seven Thousand Seven Hundred and Thirty Seven Only). The dispute arose from multiple loans taken by the respondents between 2013 and 2014 for the purchase of vehicles for their business. The bank provided three separate loans, namely, RS. 17 lakhs for 5 Indica cars, RS. 10. 36... --- > Expert corporate restructuring legal advisory in India. MoU negotiation, SPA/SHA realignment, EBITDA valuation & shareholder rights protection services. - Published: 2026-02-09 - Modified: 2026-02-10 - URL: https://www.maheshwariandco.com/deals/corporate-restructuring-legal-advisory-india/ Maheshwari & Co. acted as the lead legal advisor in a sophisticated corporate restructuring transaction, successfully guiding India's leading companies in the manufacturing and e-commerce industries through the negotiation and execution of a comprehensive Memorandum of Understanding (MoU). Transaction Overview The firm played a pivotal role in realigning the existing acquisition framework under the Share Purchase Agreement (SPA) and Shareholders' Agreement (SHA) into a carefully structured phased approach. This innovative restructuring strategically linked performance milestones with fallback acquisition rights and incorporated valuation adjustments tied to EBITDA margins, ensuring alignment between business performance and transaction terms. Key Legal Contributions Beyond the fundamental restructuring, the Maheshwari & Co. team ensured the MoU was meticulously drafted, reviewed, and negotiated to maintain consistency with prior agreements while embedding enhanced protections for all stakeholders. The engagement included: Shareholder Rights Architecture: Implementation of comprehensive drag along, tag along, and reverse drag rights to protect minority and majority stakeholder interests Default Protection Mechanisms: Incorporation of robust purchaser default remedies to safeguard transaction certainty Balanced Commercial Framework: Development of contractual safeguards that effectively balanced liquidity requirements for the Founders with commercial flexibility for the Company Exit and Contingency Planning: Integration of mechanisms for strategic sale, fallback acquisition options, and clearly defined termination triggers This complex matter was expertly handled by: Ms. Jyotsna Chaturvedi, Head of Corporate Practice, Mr. Ketan Joshi, Associate Partner, Shyamli Shukla, Senior Associate, Ms. Navya Saxena, Associate. --- > 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... --- > Legal advisory for sustainable wastewater treatment companies covering compliance, labour laws, and cross-border transactions by Maheshwari & Co. - Published: 2026-01-17 - Modified: 2026-01-17 - URL: https://www.maheshwariandco.com/deals/maheshwari-co-sustainable-wastewater-legal-advisory/ Maheshwari & Co. advised a global company operating in the field of sustainable wastewater treatment, organic recycling, and decentralized water management solutions. The client is engaged in designing and manufacturing innovative and durable products for onsite and decentralized water and wastewater treatment, liquid storage, rainwater harvesting, and pumping stations, catering to residential, municipal, commercial, community, industrial, and institutional sectors. Over time, the client has expanded its operations across multiple international jurisdictions, strengthening its global presence in the water and environmental solutions sector. The client’s product portfolio includes wastewater treatment plants, sequencing batch reactors, membrane bioreactors, rotating disc filters, coarse bubble diffusers, and other advanced water treatment technologies. Maheshwari and Co. assisted the client on several high-impact mandates, including advising on compliance with applicable labour laws and newly implemented labour codes, structuring domestic and cross-border transactions to optimise commercial outcomes while mitigating legal and operational risks, and drafting, reviewing, and negotiating transaction documents to ensure robust contractual protection and support the client’s broader business objectives. This matter was handled by Ms. Jyotsna Chaturvedi, Head of Corporate Practice, Mr. Ketan Joshi, Senior Associate, and Ms. Navya Saxena, Associate. --- > Suit for recovery of possession and mesne profits decided under Order XII Rule 6 CPC based on clear admissions by tenant in a commercial lease dispute. - Published: 2026-01-13 - Modified: 2026-01-13 - URL: https://www.maheshwariandco.com/deals/suit-for-recovery-of-possession-and-mesne-profits/ Court: District judge (commercial court)-01 south district, Saket courts: New Delhi Introduction The Plaintiff, who owned commercial property, filed a suit against the Defendants, tenants, for the recovery of possession, mesne profits, and damages for the default on the payment of monthly rent and electricity charges, following the determination of the lease contracts whereby the Defendant (Lessee) occupied the premises without paying the dues or vacating the premises. Initially, the third party (sub lessee) in occupancy was also impleaded, but later struck off for the absence of privity of contract, followed by the restoration of possession to the Plaintiff. While the lessee has admitted the default of non-payment in their written statement, however tried to take shelter by linking their default of non-payment with the sub-lessee. As the case proceeded on merits the Plaintiff filed an application under Order XII Rule 6 CPC. Aggrieved by the unambiguous admissions in the pleadings, the court passed the decree U/O XII Rule 6 CPC, including the award for mesne profits with interest, to effect the speedy determination of the dispute where material controversies have rendered the dispute frivolous. Background of the case The Plaintiff are the owners of a commercial property who entered into lease agreements with the Defendant to lease out its ground and mezzanine floors at a monthly rental amount. After defaulting on both rent and electricity charges from 2021 onward, the Defendant received a Notice of Termination to their leases by the Plaintiff; however, the Defendant did not vacate the... --- > 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 --- > Summary Suit Under Order 37 CPC for recovery explained through an ex-parte commercial court judgment involving cheque dishonour and loan default. - Published: 2025-12-22 - Modified: 2025-12-22 - URL: https://www.maheshwariandco.com/deals/summary-suit-under-order-37-cpc-for-recovery/ Court: District judge (Commercial court)-01 South District, Saket court: New Delhi Nature: Ex-Parte Judgment Introduction The Plaintiff is a registered society under the Ministry of Agriculture & Farmers Welfare, Government of India. The Plaintiff brought this commercial suit under Section 2 (1) (c) Commercial courts act, 2015 against the Defendant for recovery of the loan that he received to build an agro processing unit. The Defendant had signed a binding contract that had repayment terms, had given the Plaintiff a post-dated cheque book, the Plaintiff had sent him multiple legal notices and the Plaintiff had even started a criminal proceeding against the Defendant for cheque dishonour. After the Plaintiff failed to mediate before commencing the suit and the Defendant did not make any attempts to defend himself, he was served with the summons and was subsequently found guilty by default. After examination of the evidence presented by the Plaintiff, which had not been denied by the Defendant, the Court has decided to grant the Plaintiff a judgment, including legal costs. The suit was filed under the summary procedure by Order 37 of the CPC, 1908, upon satisfying the mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, which ended in a failure due to the non-appearance of the Defendant Background of the Case The Defendant contacted the Plaintiff in order to obtain financial assistance, in the form of a grant from the government to finance an agro-processing business. After an evaluation of the project, the Defendant was... --- > 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... --- > Maheshwari & Co. supported a global pressure and vacuum technology manufacturer with compliance, transactions, and contract advisory across international operations. - Published: 2025-12-05 - Modified: 2025-12-08 - URL: https://www.maheshwariandco.com/deals/maheshwari-co-advises-global-tech-manufacturer/ Maheshwari & Co. advised a multinational company involved in manufacturing, engineering, importing, assembling, marketing, selling, and servicing a wide spectrum of pressure and vacuum technology equipment. The client’s portfolio includes Twin, Tri, and Helical Lobe Compressors (Roots Blowers), high-pressure blowers, truck-mounted blowers and vacuum units, Mechanical Vapour Recompressors (MVR), MVR-based evaporation systems, high-speed centrifugal turbo blowers with airfoil or magnetic bearings, centrifugal fans, oil-sealed and dry rotary vane pumps, liquid ring vacuum pumps, side-channel blowers, dry screw and claw pumps, medical vacuum systems, AGSS systems, mechanical vacuum boosters, and reciprocating, screw, claw, and scroll compressors, along with related accessories and components. The client has expanded across several global jurisdictions, strengthening its presence in the pressure and vacuum technology sector through continuous engineering, manufacturing, and distribution initiatives. Maheshwari & Co. supported the client in maintaining compliance with applicable labour laws and the newly notified labour codes, structuring both domestic and cross-border transactions to optimise commercial value while mitigating legal and operational risks, and drafting, reviewing, and negotiating key transaction documents to ensure strong contractual protection and advance the client’s broader business objectives. This matter was handled by Ms. Jyotsna Chaturvedi, Head of Corporate Practice, Mr. Ketan Joshi, Senior Associate, and Ms. Navya Saxena, Associate. This matter was expertly handled by Ms. Jyotsna Chaturvedi, Head of Corporate Practice, Mr. Ketan Joshi, Senior Associate, and Ms. Navya Saxena, Associate. --- > 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... --- > Maheshwari & Co. issued a legal opinion for foreign guarantors in a cross-border loan, covering enforceability, authority, and compliance under Indian law. - Published: 2025-11-14 - Modified: 2025-11-14 - URL: https://www.maheshwariandco.com/deals/legal-opinion-for-foreign-guarantors/ Maheshwari & Co. had the privilege of assisting a foreign company engaged in the business of manufacturing a wide range of tools, moulds, dies, jigs, fixtures, machinery spare parts, automotive components, and auto-machines, as well as providing comprehensive tooling and engineering solutions. Over time, the Client has also expanded its operations to include welding and fabrication services, which initially began as ad hoc support for customers but have now become an integral part of its core activities. Its areas of specialization further extend to the fabrication and production of gears, repairs, modifications, enhancements, and the rebuilding and refurbishment of valves. The Client’s service portfolio in these domains is extensive, encompassing continuous engineering projects as well as shutdown maintenance works. Legal Opinion & Transaction Support Provided The Firm has consistently assisted the Client in connection with the issuance of a Legal Opinion required for the Client’s loan transaction with a Foreign Bank, wherein two Foreign Resident Guarantors were involved. The Legal Opinion was sought to address and confirm several key aspects relating to the guarantees executed by the Foreign Guarantors. Specifically, the Firm was required to confirm that the execution of the relevant guarantees by the Foreign Guarantors was in order, and to conduct appropriate searches and verifications to ensure that the Guarantors were not bankrupt, insolvent, or subject to any winding-up or insolvency proceedings. The Firm was also required to confirm the validity and enforceability of the guarantees in India under applicable Indian laws, and to highlight any issues that... --- > 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 --- > In M/s. Devang Solar v. Punjab National Bank & Anr, the Court upheld PNB’s refusal to honour the LC due to non-compliance with its terms. - Published: 2025-10-15 - Modified: 2025-10-15 - URL: https://www.maheshwariandco.com/deals/m-s-devang-solar-v-punjab-national-bank-anr-judgment/ Case name- M/s. Devang Solar v. Punjab National Bank & Anr Date of judgement – 17. 09. 2025 1. Introduction The present judgment has been delivered by the Court of Sh. Sandeep Yadav, District Judge (Commercial)-03, South, Saket Courts, NewDelhi in CS (Comm) No. 29/2018 (CNR No. DLST01-008026-2018) titled M/s. Devang Solar v. Punjab National Bank & Anr. The suit was instituted on 05. 12. 2018 and decided on 17. 09. 2025, after having been reserved for judgment on 11. 09. 2025. The dispute emanates from a commercial transaction involving supply of solar street lights by the plaintiff, M/s. Devang Solar, to defendant no. 2, M/s. SEW Engineering Works Pvt. Ltd. , against consideration of ₹16,12,275/-, part of which was paid in advance while the balance was agreed to be secured through a Letter of Credit (LC) opened by defendant no. 2 with defendant no. 1 (Punjab National Bank, successor of Oriental Bank of Commerce). The plaintiff alleged that despite due performance of its obligations under the contract, including supply of goods and submission of documents, the defendants, acting in collusion, wrongfully refused to honour the LC and release the balance payment, thereby compelling the plaintiff to institute the present proceedings for recovery of ₹16,45,300/- along with interest. The suit was contested by both defendants. Defendant no. 1, the issuing bank, denied liability on the ground that the documents presented by the plaintiff were not in strict conformity with the terms and conditions of the LC, thereby justifying refusal of... --- > 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... --- > MAHESHWARI & CO. guided a global fashion brand on compliance, IP, and corporate structuring, supporting its sustainable growth and phygital expansion. - Published: 2025-10-01 - Modified: 2025-10-01 - URL: https://www.maheshwariandco.com/deals/maheshwari-co-advises-global-fashion-brand-on-compliance/ MAHESHWARI & CO. had the privilege of assisting a leading global clothing brand catering to men, women, and children. The Client is widely recognized for its contemporary and essential Italian style, offering products that combine excellent value for money with a strong commitment to sustainability. This focus is reflected in its careful selection of eco-friendly materials and the adoption of responsible production processes. In line with evolving market trends, the Client is progressively transforming its business model into a dynamic “phygital” marketplace—seamlessly integrating physical and digital retail experiences. The Firm has consistently assisted the Client in ensuring full compliance with all requisite secretarial, regulatory, and statutory obligations necessary for the seamless and legally compliant functioning of its business operations. Acting as the Client’s trusted legal counsel, the Firm has provided strategic advisory support in navigating complex regulatory frameworks, including the Foreign Exchange Management Act (FEMA), Information Technology laws, and various corporate compliance requirements. In addition to ensuring statutory compliance, the Firm has played a pivotal role in facilitating the Client’s business expansion and operational streamlining. This included advising on optimal corporate structuring, safeguarding intellectual property rights, and negotiating as well as drafting critical commercial agreements. Moreover, the Firm’s involvement has extended to addressing a wide range of legal and regulatory matters, thereby mitigating potential risks and ensuring the Client’s business objectives are achieved in a legally sound and efficient manner. Through these efforts, the Firm has contributed not only to the Client’s compliance but also to the strengthening and sustainable... --- > 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... --- > Delhi Court dismisses BKR Capital’s plea to initiate perjury proceedings, ruling no proof of forgery or fabrication against Amit Gupta. - Published: 2025-09-24 - Modified: 2025-09-24 - URL: https://www.maheshwariandco.com/deals/court-rejects-perjury-proceedings-in-bkr-capital-case/ Case Name: M/s BKR Capital Pvt. Ltd. vs. Mr. Amit Gupta Date of Judgment: May 28, 2025 Introduction This order deals with an application filed by the Applicant Company, M/s BKR Capital Pvt. Ltd. , under Section 379 read with Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 340 r/w Section 195 CrPC, 1973). The Applicant sought initiation of proceedings against the Non-applicant, for allegedly deposing falsely before the Ld. Court by filing fabricated and manipulated documentary evidence, including a false certificate under Section 65-B of the Indian Evidence Act, 1872. The Applicant alleged that the Non-Applicant deliberately attempted to mislead and defraud the Ld. Court by producing forged Board Resolutions, falsified e-mails, and manipulated company records, thereby committing offences affecting the administration of justice. The Non-Applicant denied the allegations, asserting that the application was malafide, collusive, and filed to harass him. Hence, the Ld. Court, was tasked with examining the allegations pertaining to forgery and tampering of company documents, and whether it was expedient in the interest of justice to initiate criminal proceedings under the BNSS. Background of the Case M/s BKR Capital Pvt. Ltd. , a registered Non-Banking Finance Company (NBFC), alleged that Non-Applicant, in collusion with another individual, Mr. Sanjay Goel, was using M/s Majestic Buildcon Pvt. Ltd. as a front to defraud the Applicant and evade liabilities. The Applicant contended that Non-Applicant had filed a fabricated Board Resolution dated 15. 09. 2018 and an e-mail dated 28. 09. 2017 before the Ld.... --- > 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... --- > Read the judgment in Roop Chand Jayant & Ors. vs. Ram Chander & Ors, where Delhi Court ruled on partition, self-acquired vs. ancestral property claims. - Published: 2025-08-18 - Modified: 2025-08-18 - URL: https://www.maheshwariandco.com/deals/roop-chand-jayant-ors-vs-ram-chander-ors/ Forum: District Judge, Tis Hazari Courts, Delhi Judgment Date: 19 July 2025 Case Type: Suit for Partition Background The case concerns a long-standing intra-family dispute over three immovable properties located in the vicinity of Safdarjung Enclave, Arjun Nagar and Humayunpur, New Delhi. The plaintiff, claiming one-half share as a co-parcener in alleged joint Hindu family properties, sought partition of all the three properties. In the said suit, rights were challenged both on factual grounds and on the basis of the marital status under Hindu law. Many significant judgments were considered by the Court while adjudicating the present matter, the most recent being Angadi Chandranna v. Shankar and Ors. , 2025 SCC OnLineSC 877, wherein the Hon’ble Supreme Court held that the presumption of a property being a joint family property arises only if the existence of a sufficiently proven joint family nucleus is established. The person claiming such property must prove such a connection as a matter of fact, and not merely on the basis of probability. The onus remains on the person asserting joint family or ancestral rights. The court also relied upon Amit Johri vs Deepak Johri and Ors, 2014 SCC OnLine Del 822, which clarified the distinction between joint property, joint family property and ancestral property under the Mitakshara School. The judgment reiterated that mere existence of a Joint Hindu family does not create a presumption of joint family property; clear documentary evidence and detailed pleading are required to substantiate such claims. Strategy and Approach Our firm... --- > 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... --- > Supreme Court rules Clause 13 not a binding arbitration agreement; highlights importance of mutual consent and clear contract wording. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/arbitration-clause-dispute-bgm-vs-eastern-coalfields/ The case between BGM and M-RPL-JMCT (JV) vs Eastern Coalfields Ltd represents the complexities of contractual obligations and dispute resolution between the parties in a contract which arises due to an arbitration clause present in the contract. The main issue in this matter was whether the agreement qualifies as an arbitration agreement. The facts of the case reveal a disagreement between the appellant and the respondent regarding the interpretation and validity of Clause 13 of the General Terms and Conditions. The respondent argues that the use of the word “may” in Clause 13, which mentions redressal of disputes under the Arbitration and Conciliation Act, 2015, does not amount to a valid arbitration agreement. According to the respondent, the clause lacks the necessary intention to arbitrate and is therefore not enforceable as an arbitration agreement. The appellant relies on this single clause and asserts that it is sufficient to constitute a valid arbitration agreement. The core issue is whether Clause 13 creates a binding obligation to refer disputes to arbitration or not. The Hon’ble Supreme Court of India clarifies that the clause addressing “may” on the agreement of contract can not solely make it binding arbitration agreement and is only enabling an option for arbitration and if parties do not mutually agree to arbitrate after dispute arises then the application will be rejected. The judgement signifies the importance of forming a valid agreement in contract which provides a clarity and transparency between both the parties and the importance of mutual acceptability... --- > SC rules Limitation Act applies to MSME arbitration under Section 18(3), not conciliation; balances speedy relief and legal timelines. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/msme-arbitration-limitation/ The case between M/s. Sonali Power Equipments Pvt. Ltd. Vs. Chairman, Maharashtra State Electricity Board, Mumbai & Ors. is regarding the applicability of the Limitation Act 1963, to Conciliation and Arbitration proceedings initiated under Section 18 of the Micro, Small and Medium enterprises Development Act, 2006 (MSMED Act). The facts of the case are that the company Sonali Power Equipments is a small scaled power supply company to the state of Maharashtra and due to their delayed payments, they filed a suit under the MSMED Act. which was challenged by MSEB under Section 34 of the Arbitration and Conciliation Act,1996. The Hon’ble Supreme Court of India in its judgement delivered by looking upon various previous judgments and precedents held that the Limitation Act does apply to the arbitration proceedings under Section 18(3) of the MSMED Act but it doesn’t apply to the conciliation proceedings under Section 18(2) by reviewing the specific meaning and need of the of the conciliation proceedings for MSMEs. The Court also allows suppliers to negotiate settlements on old claims while protecting buyers from coercive adjudication. It also clarifies that entries in buyers’ financial statements under Section 22 of the MSMED Act could acknowledge debt. The decision reconciles the need for quick dispute resolution under the MSMED Act with limitation principles, allowing arbitration to follow time limits while conciliation remains more flexible, even for potentially time-barred claims providing a better claim for small scale companies. Judgement: https://ibclaw. in/sonali-power-equipments-pvt-ltd-vs-chairman-maharashtra-state-electricity-board-mumbai-and-ors-supreme-court/ --- > Supreme Court rules will invalid due to unexplained exclusion of spouse, stressing need for transparency and inclusion of natural heirs. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/sc-invalidates-will-omitting-legal-heir-without-reason/ This case provides the importance for introducing a suspicion approach, which urges courts to assess all circumstances surrounding a will’s execution instead of just individual factors. It states that removing a legal spouse or heir from a will without giving any proper justification can lead to suspiciousness and can disturbs the validity of the will. The facts involve an agricultural land of the deceased who is the original owner of the land which is the subject matter of the dispute over land inheritance between the appellant and the respondent. Here the will is in a place of suspicion because of not mentioning the immediate spouse of the deceased and the reason for her disinheritance and favoring his nephew for inheritance of the property without mentioning his wife. The Hon’ble Supreme Court of India upholding the High Court’s decision held that the will is invalid due to the presence of suspicious subject matter attached to the will due to the omission of the spouse’s name from the will without having any transparency and justification from their side which raises doubts about the validity and free will of the testator. It showcases the importance of considering the natural heirs in the execution of a will and makes it unreasonable to omit them without any valid reasons and creates a strong wall for restraining fraudulent or invalid will. This judgement indicates the importance of creating a free and lawful will while highlighting the importance of considering natural heirs in the execution of the... --- > Maheshwari & Co. appoints Akshi Seem as Associate Partner, enhancing its IPR practice with global trademark and IP portfolio expertise. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/akshi-seem-joins-maheshwari-co-s-ipr-team/ Akshi Seem brings global portfolio management expertise and nearly a decade of experience to the firm. New Delhi, India: MAHESHWARI & CO. is proud to welcome Akshi Seem as an Associate Partner in its Intellectual Property Rights (IPR) team. With nearly a decade of dedicated experience in IP law, Akshi’s joining marks a significant step in strengthening the firm’s full-service IP offerings across domestic and international markets. “We are delighted to have Akshi join our team,” said Vipul Maheshwari, Managing Partner at MAHESHWARI & CO. “Her reputation for managing cross-border trademark portfolios and providing strategic advisory in complex IP matters will deepen the value we deliver to our clients. ” Akshi has previously worked with several top-tier law firms, advising a wide range of Indian and international clients on complex IP matters. Her experience includes IP adoption strategy; trademark prosecution, maintenance, opposition, rectification, and commercialization; brand conflict resolution; copyright enforcement; domain name disputes; cross-border IP protection; and general advisory. She has supported clients across industries in managing high-stakes IP portfolios and aligning legal strategies with long-term brand goals. Akshi’s expertise also includes conducting FTO searches, validity analyses, white space assessments, patent prosecution, and handling contentious proceedings before the Indian Patent Office. Her appointment reflects Maheshwari & Co. 's continued focus on growing a strong IPR team that helps clients protect and manage their brands amid rising digital competition, evolving IP laws, and increased cross-border brand risks. About MAHESHWARI & CO. MAHESHWARI & CO. is a full-service law firm offering legal... --- > SC rules that CERC regulations can’t override power supply contracts; JSW must supply 18% free power to Himachal as per agreement. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/sc-on-cerc-regulations-vs-contractual-terms/ The case of State of Himachal Pradesh vs. JSW Hydro Energy Ltd. is a legal dispute concerning the interpretation of contracts and the distribution of hydropower projects in Himachal Pradesh. The main issue arises here is whether contractual obligations to supply free power overrides electricity tariff regulations or not. The facts of the case reveals that an agreement was signed between the parties stating that JSW will supply 18% of the power generated to the appellant state free of cost. The dispute arises when JSW approaches the High court to limit its free power obligations to 13% citing the Central Electricity Regulatory Commission’s (CERC) 2019 tariff regulations. JSW receives the high court’s judgement in their favor which leads the appellant to initiate the case in the appellate court. The Hon’ble Supreme Court of India in its judgement ruled in favor of the state overriding the High Court’s judgement stating that CERC regulations can not override the contractual agreement between the parties and as agreed JSW have to provide 18% power to the appellant free of cost as per original agreement even though it exceeds the cap specified in CERC Regulations. This judgement carries consequences for the upcoming conflicts related to the contract agreements and regulatory structures within the power industry especially in terms of CERC regulations and contractual obligations. Judgement: https://indiankanoon. org/doc/175543240/ --- > SC rules 10-year service not mandatory for family pension; widows of railway employees with less than 10 years can claim pension on humanitarian grounds. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/press-releases/mala-devi-vs-union-of-india-ors/ The case of Mala Devi Vs. Union of India & Ors is a dispute over family pension benefits for the appellant and Indian Railway government’s eligibility criteria which states that the employee’s family will be provided pension only after the completion of the eligible period for getting the pension which is of 10 years. Here, the main issue arises whether completion of 10 years of service is mandatory for getting a family pension or not. The facts of the case were that appellant was a widow and claimed for getting pension from the railway government in matter of her deceased husband who was a railway employee and worked for a significant period of 9 years and 8 months and 26 days until his death, thus fell short for the mandatory eligibility criteria of getting the pension from railway government which is of 10 years leading to the rejection of the railway government on her claim, which leads the appellant to initiate the case before the court. The Hon’ble Supreme Court of India found the rejection of the claim from the railway government infringing in nature as the deceased employee had met the requirements for temporary status and screening for the regularization, and thus delivers its judgement in favor of the appellant and specified that the completion of 10 years of service is not mandatory or getting the family pension especially for the employees who served in their organization actively. The judgement signifies the need for considering humanitarian and moral grounds... --- - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/our-team/akshi-seem/ Home Akshi Seem 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 nearly a decade of dedicated experience in intellectual property law, Ms. Akshi Seem brings sharp legal insight and deep understanding of trademark, design, patent and copyright laws across jurisdictions. Her practice focuses on the full lifecycle of IP rights, including brand creation, protection, enforcement, and commercialization. Akshi has previously worked with several top-tier law firms, advising a wide range of Indian and international clients on complex IP matters. Her experience includes IP adoption strategy; trademark prosecution, maintenance, opposition, rectification; brand conflict resolution; copyright enforcement; domain name disputes; cross-border IP protection; and general advisory. She has supported clients across industries in managing high-stakes IP portfolios and aligning legal strategies with long-term brand goals. Akshi’s expertise also includes conducting FTO searches, validity analyses, white space assessments, patent prosecution, and handling contentious proceedings before the Indian Patent Office. At MAHESHWARI & CO. , Ms. Seem plays an active role in strengthening the IPR team. She works closely with clients on trademark registrations, enforcement actions, portfolio management, and brand protection strategies, offering practical advice in a legal landscape that continues to grow more competitive and complex. Practice Areas Copyright Litigation Patents Trademark Design Intellectual Property --- > Need expert help with BIS Certification? Connect with a trusted BIS Certification Law Firm in India for end-to-end legal and compliance support. - Published: 2025-07-28 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/practice-areas/secretarial-services/bis-certification/ Home Bureau Of Indian Standards (BIS) If you make, sell, or import products in India, you may need BIS certification. But figuring out what applies to your product, how to start, or how to fix issues in the process can be confusing. At MAHESHWARI & CO. , we work with businesses of all sizes to make the BIS process simpler. Whether you're applying for the first time, managing renewals, or responding to a notice, we step in and handle it with clarity. We support manufacturers, exporters, importers, jewellers, and testing labs. We handle the paperwork, testing coordination, portal filings, and communication with BIS. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + BIS CERTIFICATION LAW FIRM IN INDIA BIS Certification Lawyer In India MAHESHWARI & CO. advises Indian and international businesses on meeting the legal requirements set by the Bureau of Indian Standards (BIS). We help clients with product certification, regulatory filings, and post-license compliance with clarity. Our team works across industries including electronics, appliances, gold and silver jewellery, consumer goods, and industrial equipment. We support manufacturers, importers, exporters, testing labs, and brand owners at every stage of the BIS process. From identifying the correct Indian Standard to filing applications and responding to notices, we manage the entire certification journey. We handle ISI mark approvals, CRS registration for electronics, FMCS licensing for foreign brands, hallmarking support for jewellers, and compliance for Quality Control Orders. Clients rely on us... --- > Navigate design protection, contracts, IP, and compliance with a Fashion Lawfirm in India. Legal support tailored for fashion brands, designers, and retailers. - Published: 2025-07-28 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/practice-areas/secretarial-services/fashion-law/ Home Fashion Law At MAHESHWARI & CO. , we help fashion businesses protect their ideas, enforce their rights, and grow their fashion work. From young designers to global luxury brands, we work closely with people across the fashion world to solve problems before they escalate. Due to the lack of a unified fashion law in India, designers have to depend on multiple legislations like the Copyright Act and the Designs Act, making the registration process complicated. Get in Touch with Us Case Representations 0 + Joint Ventures 0 + Cross Border Transactions 0 + Affiliations 0 + Fashion Law Firm In India Fashion Lawyer In India MAHESHWARI & CO. is known for providing legal guidance to fashion brands, designers, and businesses in India and internationally. We help our clients protect their creative work, grow their brands, and meet all legal and compliance requirements. With strong experience in intellectual property, advertising laws, e-commerce, and commercial contracts, our team works closely with clients across the fashion and lifestyle space. We support ready-to-wear labels, luxury brands, manufacturers, influencers, retailers, and fashion tech companies. Our fashion law practice covers everything from trademark and design protection to influencer agreements, licensing deals, anti-counterfeiting actions, and online brand enforcement. Clients trust us for practical solutions that match the fast pace of the industry. If you are launching a new collection, selling through e-commerce, or expanding into new markets, we help you move forward without any legal restrictions. Services Offered Protecting Your Brand and Designs We help you... --- > Court rules that Section 96 of Insolvency and Bankruptcy Code, 2016 does not shield directors from criminal liability under Section 138 of NI Act. - Published: 2025-07-23 - Modified: 2025-07-23 - URL: https://www.maheshwariandco.com/deals/insolvency-and-bankruptcy-code-2016/ Date of Order: May 5, 2025 Introduction The present order addresses the intricate legal question regarding the effect of Section 96 of the Insolvency and Bankruptcy Code, 2016 ("IBC") on ongoing proceedings under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"), particularly when insolvency proceedings are initiated against an individual director or personal guarantor. The Court critically examines whether the interim moratorium under Section 96 IBC mandates a stay of criminal proceedings against the Director(s) under Section 138 NI Act, especially in light of divergent judicial interpretations and the evolving jurisprudence on the interplay between insolvency law and penal provisions for dishonored cheques. The Court placed significant reliance on the Hon’ble Supreme Court’s latest decision / Judgement passed in the matter titled as “Rakesh Bhanot Vs M/s Gurdas Agro Pvt. Ltd Cri. Appeal No. 1607 of 2025” wherein the Apex Court clearly mentioned that in all the cases pertaining to section 138 of N. I Act, no protection shall be granted under section 96 IBC. Moreover, the Hon’ble Supreme Court while tagging Sandeep Gupta v. Shri Ram Steel Traders (2023) with Rakesh Bhanot case (supra) clarified that the protection of Section 96 IBC does not extend to directors or signatories of a company who are arrayed as accused in their representative capacity under Section 141 NI Act. The Court reasoned that to maintain the sanctity and trust in use of the negotiable instruments like cheques in business dealings it is vital that no mortarium under section 96 shall... --- > Assisted in acquiring minority shareholding in an Indian JV, ensuring compliance with Companies Act and FEMA, and managing post-closing regulatory obligations. - Published: 2025-07-14 - Modified: 2025-07-14 - URL: https://www.maheshwariandco.com/deals/minority-shareholding-acquisition-in-indian-jv/ MAHESHWARI & CO. assisted one of the world’s leading players—an Italian company designing and manufacturing compressor packages for biogas, biomethane and other industrial gases. Scope of Work: Structured and executed acquisition of the minority shareholding in the client’s Indian joint venture, under agreed commercial terms. Drafted and negotiated the Share Purchase Agreement and associated transaction documents. Ensured full statutory compliance under the Companies Act and FEMA. Managed all post‑closing obligations and regulatory filings as part of the broader global acquisition. Team: Ms.  Jyotsna Chaturvedi, Head – Corporate Practice Ms.  Sheetal Patodiya, Senior Associate --- > SC rules absconding is relevant conduct under Section 8 Evidence Act, not direct proof of guilt, in Chetan vs State of Karnataka murder conviction case. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/section-8-evidence-act/ On 30th May 2025, a bench of the Supreme Court of India comprising Justices Shri Surya Kant and Shri N. Kotiswar Singh delivered a landmark judgment in the case of Chetan vs State of Karnataka. The Hon’ble Apex Court upheld the conviction of the appellant on circumstantial evidence which included his disappearance after the alleged crime of murder. The Hon’ble Court noted that the accused was last seen in the company of the victim on 10 July 2006 but disappeared the next day and did was not seen by anyone until he was arrested on 22 July 2006. During this time, he misled the victim's family, gave false account of his whereabouts, and even convinced a friend to furnish false evidence on his behalf. The bench clarified that, although flight from the scene does not necessarily serve as proof of guilt, because an innocent person may be acting out of panic, it is nevertheless admissible as relevant conduct under Section 8 of the Evidence Act. The section provides for admissibility of past behaviour that reflects the accused's state of mind. The Court ruled that when absconding is unexplained, it strengthens suspicion and may indicate a guilty mindset. The judgment emphasized that the act of absconding must be evaluated in conjunction with other evidence, such as, the “last seen” theory, motive, weapon recovery, and forensic links, to build a chain of circumstances. In this case, a 12 bore double-barrel gun found from the house of the relative of the accused individual,... --- > ED issues circular restricting summons to advocates, protecting legal privilege under Article 21 and Section 132 of Bhartiya Sakshya Adhiniyam, 2023. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/circular-reinforcing/ On 20 June 2025, the Enforcement Directorate (ED) issued a circular that instructed all its field officers to refrain from issuing summons to practitioners/advocates/lawyers during investigation, without prior permission from the Director. The Circular makes it clear that unless the prevailing circumstances falls under the ambit of exceptions provided under S. 132 of Bhartiya Sakshya Adhiniyam, 2023 i. e. where actions/communication is in furtherance of an illegal act or the advocate personally observes a crime or fraud—no summons shall be issued to any advocate. The backdrop said circular is the summons issued by the ED to Senior Advocates Mr. Arvind P. Datar and Mr. Pratap Venugopal related to legal opinion rendered to Care Health Insurance Ltd (CHIL) regarding issuance of ESOPs. The summons issued by ED to said Senior Advocates prompted wide condemnation from legal bodies, including the Supreme Court Bar Association and SCAORA, who labeled it an attack on attorney–client confidentiality and warned it could set a dangerous precedent, potentially resulting in a chilling effect across the legal community. Following the backlash from legal community and SCAORA’s letter to the Chief Justice, the ED withdrew the summons. Under the new Circular, even in cases where exceptions under Section 132 are made, a summon can only be served subject to prior written authorization from the Director of ED, ensuring a greater degree of oversight and adherence to legal safeguards. The additional check-and-balance seeks to avoid future overreach and preserve both procedural fairness and professional confidentiality. The Circular marks a significant... --- > SC holds High Courts can't use suo motu revision to enhance sentence without appeal. Key ruling in Nagarajan vs State of Tamil Nadu on judicial limits. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/nagarajan-vs-state-of-tn/ NAGARAJAN VS STATE OF TAMIL NADU The case is between Nagarajan and State of Tamil Nadu, embodying a critical question of Law, i. e. , whether the High Court exercises Suo Motu Revision Power to enhance the Sentence? Whether the High Court has the Power to enhance the Sentence when the same is not prayed for by the State, a complainant or a victim? The facts of the case were that the deceased person committed suicide, and it was suspected that the Accused had instigated the deceased to commit suicide. For the same, a FIR No. 239/2003 and a charge sheet were filed on 30. 10. 2003 under Section 306 of the IPC. However, the trial court held that the appellant did not instigate the deceased to commit suicide. Consequently, the Trial Court acquitted the appellant under Section 306 of the IPC. However, the Accused was convicted under Sections 354 and 448 of IPC and sentenced to undergo simple imprisonment for three years and one month and to pay a fine of Rs. 25,000/- and in default whereof to undergo simple imprisonment for three months for the offence under Section 354 of IPC and a further sentence simple imprisonment for three months for the offence under Section 448 of IPC. However, the High Court, upon a prima facie appraisal of the Trial Court’s reasoning, formed the view that the appellant’s acquittal under Section 306 of the IPC may require further examination and had Suo Motu directed the registration of a... --- > SC directs GMADA to refund with interest for delayed flat delivery, but denies loan interest claim. Key ruling on homebuyer compensation rights. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/gmada-vs-anupam-garg/ GREATER MOHALI AREA DEVELOPMENT AUTHORITY (GMADA) THROUGH ITS ESTATE OFFICER (H) VS ANUPAM GARG ETC. The case is between Greater Mohali Area Development Authority (GMADA) Through Its Estate Officer (H) and Anupam Garg, embodying a critical question of Law, i. e. , whether the Homebuyers have the Right to get compensated for delay in flat delivery? Whether the Developer is entitled to pay the homebuyer's bank loan interest for the delay in flat delivery? The Facts of the case were that GMADA launched a scheme of residential flats termed ‘Purab Premium Apartments’ to be constructed in the Sector 88 locality, at Mohali and in the said scheme, Mr. Anupam Garg has booked a flat. However, the scheduled date of delivery of possession was 21st May, 2015, but when Mr. Anupam Garg visited the development site in May, 2015, he found no development commensurate with the time that had passed. The State Commission in the instant matter has held that Mr. Anupam Garg was entitled to withdraw from the scheme and has passed the order wherein the state commission has held GMADA should refund the entire deposited amount of Rs. 41,29,619/- to Mr. Anupam Garg, along with interest at the rate of 8%, compounded. Moreover, GMADA shall pay a compensation of Rs . 60,000/- for the mental tension and harassment and Rs. 30,000/- as costs of litigation. Furthermore, the opposite party pay the interest paid by Mr. Anupam Garg to the State Bank of Hyderabad and the State Bank of India... --- > TRAI's digital consent management pilot aims to stop spam by verifying user consent in banking communications. Key move to protect consumer data. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/trai-digital-consent-management/ In a significant move to empower consumers and curb the persistent menace of unsolicited commercial communications, the Telecom Regulatory Authority of India (TRAI) has launched a pilot project for Digital Consent Management. This initiative, undertaken in collaboration with the Reserve Bank of India (RBI) and select banks, aims to establish a robust and verifiable digital framework for consumer consent, with an initial focus on the highly sensitive banking sector. The pilot project comes in response to a surge in spam complaints, particularly from consumers who report receiving unwanted calls and messages from businesses with whom they have had prior interactions. While existing regulations under the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, permit such communication with explicit consumer consent, TRAI has observed that much of this consent is obtained through unverifiable or offline means, making it difficult to ascertain its validity. "In many cases, consumers report that their mobile numbers have been acquired by entities through misrepresentation, deception, or unauthorised data-sharing practices," a TRAI statement highlighted. Under the new pilot, all Telecom Service Providers (TSPs) have been directed to collaborate with participating banks to implement an enhanced Consent Registration Function (CRF) within a regulatory sandbox framework. This system will mandate companies to acquire consent digitally and register it in a secure, interoperable digital consent registry maintained by the TSPs. This will allow for easy verification of consent before any commercial communication is sent to a consumer. TRAI remains committed to safeguarding consumer interests and fostering trust in legitimate commercial... --- > India allows bonus shares for non-residents in FDI-prohibited sectors under amended FEMA rules, without altering shareholding patterns. - Published: 2025-07-09 - Modified: 2025-07-09 - URL: https://www.maheshwariandco.com/press-releases/fema-rules-amended/ On June 11, 2025, the Ministry of Finance notified an amendment to the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”), allowing Indian companies engaged in FDI-prohibited sectors or activities to issue bonus shares to their pre-existing non-resident shareholders. FDI inflow in India increased from USD 36. 05 billion in 2013–14 to a record USD 84. 84 billion in 2021–22 thanks to the government’s efforts to reform FDI policies; provisional data indicates that inflows increased by 26% in the first half of FY 2024–25 compared to the same period in FY 2023–24. The Department for Promotion of Industry and Internal Trade (“DPIIT”) is responsible for formulating India’s FDI policy. It issues policy pronouncements through the Consolidated FDI Policy Circular, Press Notes, and Press Releases. These are notified as amendments to the NDI Rules by the Department of Economic Affairs, Ministry of Finance, under the Foreign Exchange Management Act, 1999 (“FEMA”). The new provision stipulates that such bonus share issuances are allowed only if the shareholding pattern of the non-resident shareholders does not change as a result of the issuance. This ensures that the amendment provides operational flexibility without contravening the core intent of FDI prohibitions in these sensitive sectors. FDI remains prohibited in lottery business, gambling and betting, chit funds, real estate business, tobacco manufacturing, and other sectors as outlined in Paragraph (2) of Schedule I of the NDI Rules and Paragraph 5. 1 of the FDI Policy. https://economictimes. indiatimes. com/markets/stocks/news/finance-ministry-eases-rules-for-bonus-share-issue-by-companies-in-fdi-barredsectors/articleshow/121808695. cms? from=mdr --- --- ## Posts > IT Amendment Rules 2026 redefine intermediary liability in India — SGI labelling, 3-hour takedowns, and new grievance rules explained. - Published: 2026-02-19 - Modified: 2026-02-19 - URL: https://www.maheshwariandco.com/blog/it-amendment-rules-2026/ - Categories: Information Technology - Tags: Digital Media Ethics Code, Indian cyber law, Intermediary Liability India, IT Amendment Rules 2026, IT Rules 2021 Amendment, MeitY 2026, Safe Harbour India, Section 79 IT Act, SGI India Introduction: Redefining The Doctrine Of Intermediary Liability The legal framework governing digital platforms in India has historically been mounted on the shoulders of the principle of "Safe Harbour," a concept codified under Section 79 of the Information Technology Act 2000. This doctrine treated intermediaries as mere passive channels—neutral social landscape providers who were shielded from liability for third-party content, provided they maintained a policy of "due diligence". However, this essential notion is undergoing a significant transformation. The Ministry of Electronics and Information Technology on, 10th February 2026 has published notification about the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, blurring the boundary between being a passive conduit and an active regulator. The Ministry's move toward mandating interventions, particularly regarding Synthetically Generated Information (SGI) and hugely minimised takedown windows, signals a transition to a conditional liability structure. In this new landscape, the intermediary is no longer a mere observer of content landing on its platform but is legally positioned as a vigilante sentinel. This blog explores how these recent amendments have redefined the standards of digital due diligence and what this shift means for the future of platform liability in India. Related: Regulatory and Compliance Law Firms Inception of Synthetically Generated Information Before moving forward with the blog, we must understand a concept that the 2026 amendments emphasize heavily upon the idea of “synthetically generated information”. SGI means audio, visual or audio-visual information which is artificially or algorithmically created, generated, modified or altered using a computer... --- > Understand FSSAI registration and licensing obligations for food businesses in India — types, compliance rules, and penalties explained. - Published: 2026-02-18 - Modified: 2026-02-18 - URL: https://www.maheshwariandco.com/blog/fssai-registration/ - Categories: Regulatory & Compliance - Tags: Food Business Compliance India, Food Business Operator, Food Business Operator India HACCP Compliance, Food Safety Management System, Food Safety Standards Act 2006, FSSAI Basic License, FSSAI Certificate, FSSAI Licensing, FSSAI Registration, FSSAI State License What are the legal obligations of food businesses under FSSAI licensing regulations? Understanding the intricate framework of FSSAI registration and licensing is vital for food business operators (FBOs) in India. The Food Safety and Standards Authority of India (FSSAI) mandates that all food businesses comply with the Food Safety and Standards Act, 2006, and its subsequent regulations. This comprehensive legal structure ensures that food products meet stringent safety and hygiene standards, thereby protecting public health and maintaining consumer trust. Non-compliance with FSSAI regulations can lead to severe penalties, including fines and potential business closures, emphasizing the critical importance of thorough legal adherence. For businesses, securing an FSSAI certificate not only satisfies legal requirements but also enhances credibility and market competitiveness. Related: Regulatory and Compliance Law Firms What is FSSAI Licensing? FSSAI licensing is a mandatory requirement for all food business operators (FBOs) in India. Established under the Food Safety and Standards Act, 2006, the licensing system ensures that food products meet the required safety standards to protect public health. There are three types of FSSAI licenses: Basic, State and Central, each applicable based on the size and turnover of the business. Importance of FSSAI Registration FSSAI registration is fundamental for any food business operator (FBO) aiming to ensure compliance with food safety standards in India. This registration is not just a legal formality but a critical step towards maintaining public health and safety by ensuring that food products meet the stringent quality standards set by the Food Safety and Standards... --- > Explore how AI liability India challenges legal agency and causation. Understand algorithmic accountability, bias, and India's path to responsible AI regulation. - Published: 2026-02-17 - Modified: 2026-02-17 - URL: https://www.maheshwariandco.com/blog/ai-liability-india-agency-causation-explained/ - Categories: Information Technology - Tags: AI Agency and Causation, AI Governance India, AI Impact Summit 2026, AI Legal Accountability, AI Liability India, AI Regulation India 2026, Algorithmic Accountability, Artificial Intelligence, Artificial Intelligence Law India, DPDP Act AI, Legal Challenges of AI What is Artificial Intelligence With the AI Impact Summit 2026 underway in New Delhi, this is an apt moment to revisit what we mean by artificial intelligence and to ask how it unsettles legal ideas that were framed long before such systems appeared, especially in an economy like India’s that is both rapidly digitising and deeply unequal. Artificial intelligence is, at its core, an attempt to build systems that can carry out tasks we normally associate with human intelligence: learning from experience, spotting patterns, drawing inferences and making decisions. Unlike traditional software, which follows explicit step by step instructions, many AI models learn from large datasets and then generate their own internal rules for solving new problems. They generalise from examples instead of simply executing a fixed script. The Summit’s theme “Sarvajana Hitaya, Sarvajana Sukhaya”, welfare and happiness for all, captures the aspiration of using AI as a force multiplier for public good. In India, that promise is tangible: from predicting crop yields and optimising fertiliser use, to triaging patients in overburdened public hospitals, to analysing GST data for better compliance, AI tools are already inching into core economic and governance functions. But the law that must control their use was drafted in an era of paper files and human clerks, not selflearning models and cloud infrastructure. Existing statutes and doctrines assume that any harmful act can ultimately be traced back to a human mind, a person who forms an intention and acts upon it. AI systems, by contrast, are... --- > Section 12A pre-institution mediation is now mandatory for commercial suits in India. Learn its legal impact and key Supreme Court rulings. - Published: 2026-02-16 - Modified: 2026-02-16 - URL: https://www.maheshwariandco.com/blog/section-12a-pre-institution-mediation-explained/ - Categories: Litigation - Tags: Commercial Courts Act, Commercial Courts Act 2015, Commercial Dispute Resolution, Legal Services Authorities Act, Mandatory Mediation India, Mediation Act 2023, Order VII Rule 11 CPC, Pre-Institution Mediation, Pre-Litigation Mediation, Section 12A Commercial Courts Act, Urgent Interim Relief Introduction The contemporary world's desire for profit and comfort, along with the growing eagerness to fulfil them, has led to many new businesses sprouting across the spectrum from large corporations and mid-sized enterprises to small firms and gig economy participants. With the ever-increasing sophistication of operations of businesses, a new cultural norm of trust has emerged in the commercial dealings between them, resulting in different businesses being able to interact and strengthen their ties for providing further aid to each other in future commercial endeavours. This has had the inadvertent consequences of parties being encouraged to prefer consensual dispute resolution mechanisms such as mediation over conventional litigation to safeguard their interests. This shift is notably advantageous for commercial entities as it enables dispute resolution with negligible harm to ongoing business relationships, while ensuring confidentiality in their operations and preserving their reputation in the corporate world. Explore More: Litigation Law Firms in India India’s Evolving Approach to Pre-Litigation Mediation Businesses were further incentivised for alternative dispute resolution in commercial matters by the legislature through the introduction of Chapter IIIA into the Commercial Courts Act, 2015 (CCA), through the 2018 amendment, which mandated pre-institution mediation to be undertaken for commercial suits of a specified value, under Section 12A of the bill, provided that the suit does not seek urgent interim relief. The Government of India has taken further steps to strengthen and formalise the mediation framework by releasing the Draft Mediation Bill, 2021, for public consultation. Significantly, Section 6 of the Draft... --- > Foreign lawyers in India explained. Understand BCI Rules 2025, arbitration rights, fly in fly out limits, and impact on cross border disputes. - Published: 2026-02-13 - Modified: 2026-02-13 - URL: https://www.maheshwariandco.com/blog/foreign-lawyers-in-india-bci-rules/ - Categories: Arbitration - Tags: Arbitration Law India, Bar Council of India rules, cross border dispute resolution, Cross Border Disputes, Enforcement of Foreign Judgments, foreign law firms entry India, Foreign Lawyers in India, international commercial arbitration, jurisdiction in international disputes, legal market liberalisation India Introduction In 1991, with the adoption of the LPG reforms, India made significant economic changes to boost business activity and transition towards a free market system. This era of liberalisation led to the generation of tremendous private and foreign investments in India. One of the sweeping changes undertaken as a result of such a policy was integration of India with the global value chains giving rise to significant investment diversification. While international transactions rose in volume and complexity, they directly set the stage for a rise in cross border disputes. Moreover, globalisation of the economy turned India into an emerging centre for international trade, investment and litigation with international disputes becoming an integral part of contemporary legal practice. Today, being the fourth largest economy globally and a dominant player in the global e-commerce market, India is simply leading this shift. However, multinational corporations and Indian businesses situated abroad confront complex legal disputes which involve numerous jurisdictions, governing laws, and regulatory framework. Such disputes require legal interventions that transcend domestic litigation and collaboration with legal systems of various countries. At the junction of these developments lies a significant regulatory shift: 2025 BCI rules for foreign lawyers and law firms. These reforms aim to open up India’s legal market for foreign lawyers and law firms to enable dynamic growth in the Indian legal industry. This involves crucial ramifications for how international disputes would be handled and resolved in the years to come. This article examines how jurisprudence has evolved as regards to... --- > Explore the comprehensive guide on FDI regulations in Indian e-commerce sector. Understand the policies, compliance requirements, FDI regulations, and investment opportunities. - Published: 2026-02-11 - Modified: 2026-02-11 - URL: https://www.maheshwariandco.com/blog/navigating-fdi-regulations-in-indian-e-commerce/ - Categories: Corporate & Commercial - Tags: DPIIT, E-commerce Compliance, E-commerce law India, FDI Compliance, FDI in Indian e-commerce, FDI polic, Foreign Direct Investment, Foreign Investment India, Inventory model, Marketplace model What are FDI regulations in the Indian e-commerce sector? The Foreign Direct Investment (FDI) in the e-commerce startup has led to an inflow of capital, international expertise and technological advancement in the Indian digital market. The Indian Government has amended the FDI policy for the e-commerce sector to balance the demands of foreign investment and national interest and has been a major force behind growth and innovation in both global and Indian e-commerce marketplaces. The E-commerce FDI policy in India has facilitated the entry of multinational companies into the Indian market and has also established rules that prohibit FDI in inventory-based models (where the e-commerce company sells directly to consumers) in order to protect local retailers and small businesses from unfair competition. The impact of foreign direct investment (FDI) on e-commerce is examined in this article along with an examination of the current situation, investment opportunities and legal challenges for Foreign Investment in Indian online retail. Explore More: Corporate Law Firm in India Understanding FDI regulations in Indian e-commerce The expected contribution of e-commerce to India's GDP is expected to grow around 2. 5% by 2030. The existing FDI guidelines for Indian e-commerce do not allow foreign investment in the business of selling directly to customers through online means but there are no restrictions on FDI in the business-to-business (B2B) e-commerce transaction in goods. Foreign Direct Investment (FDI) in e-commerce in India is governed by a set of regulations and guidelines aimed at ensuring a balanced growth of the sector... --- > Telecommunication and Broadcasting Laws in India: TRAI powers, TDSAT jurisdiction, licensing, spectrum control and key Supreme Court rulings. - Published: 2026-02-11 - Modified: 2026-02-11 - URL: https://www.maheshwariandco.com/blog/telecommunication-and-broadcasting-laws-in-india/ - Categories: Technology, Media, & Telecommunications - Tags: Broadcasting Regulation, Indian Telecom Law, Spectrum Allocation, TDSAT, Telecom Compliance, Telecom License, Telecom Litigation, Telecom Tariff, Telecommunication and Broadcasting Laws in India, Telecommunications Act 2023, TRAI Introduction Telecommunication and broadcasting laws in India is a specialized area of law, which has changed from the state-controlled monopoly to a very complex regulatory environment managed through different statutes and a tribunal system. Telecommunication has been defined as the science of transmitting and receiving information, including signs, signals, writing, images and sounds, over long distances using electronic means such as wires, radio or satellite. The legal foundation of the sector has mainly been from colonial laws, firstly, the Indian Telegraph Act, 1885, which provided the federal government with extensive regulatory powers and a monopoly over telegraph and telephone services. Besides this, there was the Indian Wireless Telegraphy Act, 1993, which controlled the possession and licensing of broadcast equipment, and The Telegraph Wires (Unlawful Possession) Act, 1950, the objective of which was limiting the possession of telegraph wires so as to prevent theft and unauthorized use. In 1997, a major shift occurred with the enactment of The Telecom Regulatory Authority of India (TRAI) Act. The Act established an independent regulator to manage the rapidly privatizing market and protect consumer interests. Recently, the Telecommunications Act, 2023 was introduced to amend and consolidate these century-old laws, focusing on modern infrastructure development and spectrum assignment. Initially, broadcasting services were excluded from the definition of “telecommunication services” under the TRAI Act. However, through the 2004 Government Notification, broadcasting was officially brought under the purview of telecommunication services, allowing TRAI and TDSAT to regulate and adjudicate broadcasting-related matters. Related: Regulatory and Compliance Law Firms The... --- > Learn the essential regulations for setting up an e-commerce business in India. Ensure compliance and smooth market entry for your foreign company. - Published: 2026-02-10 - Modified: 2026-02-10 - URL: https://www.maheshwariandco.com/blog/understanding-indian-e-commerce-regulations-a-guide-for-foreign-companies/ - Categories: Corporate & Commercial - Tags: Business Regulations, consumer protection act 2019, Digital Business India, Digital Economy, E-commerce, E-commerce Compliance, E-commerce Laws India, FDI in E-commerce, Foreign Direct Investment, Foreign Investment India, India Market Entry, Indian E-commerce Regulations, Information Technology Act 2000, Legal Compliance What are Indian e-commerce regulations that need to be followed by foreign companies to set up e-commerce business in India? The Indian e-commerce business has welcomed 100% Foreign Direct Investment since 2015. However, this does not imply that any foreign company may set up an e-commerce business and begin selling to the Indian market. Foreign companies need to understand the regulations for setting up an e-commerce business in India. Knowledge of these regulations helps in easy market entry, trust building, financial planning and optimum utilization of resources. Foreign investment in e-commerce provides a wider product range, job opportunities, economic growth and market expansion in India. Setting up an e-commerce business in India requires awareness of various legal frameworks, compliance obligations and strategic measures to align with the country's regulatory environment. Explore More: Corporate Law Firm in India Legal Framework India’s e-commerce sector is governed by comprehensive regulations. These laws & regulations ensure the secure handling of digital transactions and data protection, which are crucial for setting up an e-commerce business in India. I. The Information Technology Act, 2000 The Information Technology Act, 2000 (IT Act) forms the cornerstone of India's legal framework for governing e-commerce activities. The IT Act provides legal recognition for electronic transactions and digital signatures, thus facilitating a secure environment for e-commerce operations. Key provisions include regulations on cybersecurity and data protection, mandating that companies implement reasonable security practices to protect user data. Additionally, the IT Act establishes the Controller of Certifying Authorities to oversee the issuance... --- > Comprehensive guide to FTO search in India. Learn how freedom-to-operate analysis helps companies avoid patent infringement and ensure IP clearance in 2026. - Published: 2026-02-09 - Modified: 2026-02-09 - URL: https://www.maheshwariandco.com/blog/fto-search-in-india-complete-guide/ - Categories: Intellectual Property - Tags: Corporate IP Strategy, FTO Search, Indian Patents Act, Intellectual Property, IP Due Diligence, Patent Clearance, Patent Infringement, Patent Law India, Patent Lawyers in India A Freedom-to-Operate (FTO) search (sometimes called a patent clearance or IP clearance search) is a specialized patent infringement analysis that helps companies confirm they can make, use, or sell a new product without violating existing patents. An FTO search in India involves combing through granted patents and published applications (especially in the Indian Patent Office database) to check if any patent claims read on the product’s features. By focusing on active patents in the target market, an FTO analysis flags “patent minefields” early, so that businesses can take corrective action or negotiate licenses before launch. This analysis is a key part of corporate IP due diligence. For example, Section 48 of India’s Patents Act gives patent owners exclusive rights to prevent others from making, using, or selling a patented invention. An FTO review asks whether any such rights could block the planned product. Unlike a patentability search (which checks if an invention is novel and patentable), an FTO is inherently territorial and risk-focused – it assesses whether existing patents in India (or other jurisdictions) cover the intended product. A well‐conducted FTO search gives companies confidence that they have “freedom to operate” commercially without inviting a costly infringement lawsuit. Explore More: IP Law Firm in India Why FTO Searches Are Essential for Established Companies For established businesses (especially those operating in regulated or technology-driven sectors), an FTO analysis is not optional. It is a foundational part of corporate IP due diligence, helping companies prevent commercial disruption, litigation exposure, and reputational damage.... --- > Comprehensive overview of Indian labour laws including EPF, gratuity, bonus, and maternity benefits. Know your workplace rights under 5 essential acts. - Published: 2026-02-05 - Modified: 2026-02-05 - URL: https://www.maheshwariandco.com/blog/indian-labour-laws-and-changing-work-nature/ - Categories: Labour & Employment - Tags: Employee Rights, Employment Laws, EPF India, ESIC Benefits, Gratuity Act, HR Compliance, Indian Labour Laws, Labour Law Compliance, Labour Reforms, Social Security India, Worker Protection, Workplace Rights India Labour is a subject in the Concurrent List under the Constitution of India, where both the Central & State Governments are competent to enact legislation. At present, there are 44 labour related statutes enacted by the Central Government dealing with minimum wages, accidental and social security benefits, conditions of employment, disciplinary action, formation of trade unions, industrial relations, labour welfare. Certain statutes are sector specific like for Doc workers, Beedi workers, Cine Workers, Construction workers. With the largest youth population, according to the United Nations, India stands at a point where the dream of becoming a super economy is no longer a utopia but a sweet possibility. With mixed viewpoints, labour laws and reforms have always been a topic of controversy. In such a scenario, it becomes imperative for employees in both organized and unorganized sectors to be aware of the existing laws and rights, and the on-going reforms. Explore More: Understanding Standard Form Employment Contracts in India: How the Law Protects Employees from Unfair Clauses Change in a country’s economy is marked by the growth of secondary and tertiary sectors. Currently, the share of employment in these sectors is less than 30 %, but their contribution to the GDP is almost double that. The workforce of India shows a unique dichotomy today. On one hand, the organized sector which is marked with a fairly stable wage structure and is often highly regulated, employs a fairly low proportion of the total workforce. This, while the unorganized sector still employs a... --- > EU-India FTA 2026 transforms intellectual property landscape. Learn about new patent rules, trademark enforcement, traditional knowledge & IP compliance. - Published: 2026-02-05 - Modified: 2026-02-05 - URL: https://www.maheshwariandco.com/blog/eu-india-fta-2026-intellectual-property-guide/ - Categories: Intellectual Property - Tags: copyright protection, EU-India FTA, EU-India FTA 2026, Geographical Indications, Intellectual Property Rights, International Trade Law, IP Compliance, IP Enforcement, Mother of All Deals, Patent Law India, Pharmaceutical Patents, Trade Agreements, Trade Secrets, TRIPS Agreement Introduction The long-negotiated Free Trade Agreement (“FTA”) India and the European Union (“EU”) finally concluded in January, 2026. After years of negotiation, the two economic blocs have crafted a framework intended to deepen commercial integration while reinforcing regulatory cooperation across sectors. It is safe to say that this FTA is the “Mother of All Deals” as it marks a strategic trade pact between the fourth-largest and second-largest economies in the world. Being considered as one of the most significant FTA of the 21st century, the final agreement spans a wide array of sectors, including goods, services, regulatory cooperation, financial investment and Intellectual Property Rights (“IPR”). Reaffirming TRIPS commitments, the IP chapter of the FTA fosters a unified framework to protect and enforce IPR across both jurisdictions, with the joint goal to support innovation as well as promote technology access for all. To conform to its goals, the FTA covers almost all IP regimes, including copyrights, trademarks, technology transfer, GIs, industrial designs, trade secrets, plant varieties, Traditional Knowledge Digital Library (TKDL) and enforcement measures. IPR Framework in the FTA IPR is embedded as a standalone chapter carrying immense significance in facilitating trade between the two economies through the EU-India FTA. The IP chapter aims to: promote innovation and creativity in India and the EU; facilitate trade of innovative and creative goods and services between India and the EU, and; reduce barriers to trade and incentivise investments in a manner conducive to a more sustainable and inclusive economy. Some of the key... --- > Explore the concept of merchanting trade transactions in India. Understand the legal and regulatory framework governing these transactions, and learn how businesses can navigate the complexities involved. - Published: 2026-02-04 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/blog/merchanting-trade-transactions-in-india/ - Categories: Compliance What are merchanting trade transactions? Merchanting trade transactions in India represent a unique facet of global commerce. Essentially, a merchant in India purchases goods from one foreign country and sells them to another, with the goods never touching Indian soil. These transactions involve the buying and selling of goods by an intermediary located in one country without the goods entering that country. The significance of merchanting trade transactions in India within global trade cannot be overstated. Merchanting trade transactions help businesses in India expand their global footprint. They offer a flexible and efficient method for businesses to engage in international trade without the logistical complications of physically handling goods. It enables them to tap into markets that might otherwise be difficult to access due to geographical or regulatory barriers. Merchanting trade transactions hold particular importance for several reasons. Firstly, they enable Indian businesses to participate in the global supply chain more effectively. Secondly, Merchanting trade transactions in India contribute significantly to the country’s foreign exchange earnings. Furthermore, Merchanting trade transactions play a critical role in enhancing India’s reputation as a global trading hub. Explore More: Best Corporate Law Firm in India Legal Framework Governing Merchanting Trade Transactions in India Merchanting Trade Transactions (MTT) in India are regulated under the Foreign Exchange Management Act, 1999 (FEMA), and are further governed by specific guidelines issued by the Reserve Bank of India (RBI). The Foreign Exchange Management Act (FEMA), 1999 Merchanting Trade Transactions in India involves the sale of goods by an intermediary... --- > Union Budget 2026–27 analysis covering growth strategy, taxation reforms, infrastructure spending, MSME support, and India’s inclusive development roadmap. - Published: 2026-02-03 - Modified: 2026-02-04 - URL: https://www.maheshwariandco.com/blog/union-budget-2026-27/ - Categories: Banking & Finance - Tags: Economic Growth India, Fiscal Policy India, India Budget Analysis, Infrastructure Development, Tax Reforms India, Union Budget 2026–27 The Union Budget 2026–27, presented by Finance Minister Nirmala Sitharaman at Kartavya Bhawan, is a carefully structured document that reflects the government’s vision of Viksit Bharat. Anchored in three guiding duties i. e. , accelerating growth, building capacity, and ensuring inclusive development. The budget seeks to balance fiscal responsibility with transformative initiatives that touch every sector of the economy. Explore More: Banking and Finance Law Firm At the fiscal level, the government has outlined an expenditure of ₹53. 5 lakh crore, supported by non-debt receipts of ₹36. 5 lakh crore and net tax receipts of ₹28. 7 lakh crore. Capital expenditure has been raised to ₹12. 2 lakh crore, up from ₹11 lakh crore in the previous year, underscoring the emphasis on infrastructure-led growth. Importantly, the fiscal deficit is pegged at 4. 3% of GDP, a slight improvement over last year, while the debt-to-GDP ratio is projected at 55. 6%, reflecting a commitment to fiscal consolidation. The budget’s growth agenda rests on six major interventions. Manufacturing receives a strong push through initiatives such as Biopharma Shakti with an outlay of ₹10,000 crore, the launch of India Semiconductor Mission 2. 0, and the development of rare earth corridors across key states. Legacy industrial clusters are set for revival, with 200 clusters earmarked for modernization. MSMEs, recognized as future champions, will benefit from a ₹10,000 crore SME Growth Fund and additional support to the Self-Reliant India Fund. Infrastructure continues to be the backbone of the growth strategy. Beyond the enhanced public capex,... --- > Income Tax Act 2025 India explained from a legal perspective, covering transition from the 1961 Act, taxpayer rights, litigation impact, and compliance changes. - Published: 2026-02-02 - Modified: 2026-02-02 - URL: https://www.maheshwariandco.com/blog/income-tax-act-2025-india/ - Categories: Tax - Tags: Constitutional Remedies Tax, Direct Taxation India, Faceless Assessment, Income Tax Act 1961, Income Tax Act 2025, Indian Tax Law, MAT Provisions, Reassessment Proceedings, Tax Law Reform India, Tax Litigation India, Taxpayer Rights India I. Introduction: The farewell of a Legacy Regime The Income Tax Act,1961, is on the verge of dying, a law that has been the foundation of the Indian fiscal policy in the last sixty years. The Indian tax environment, as of 1 April 2026, is going to be regulated with the help of the Income-tax Act, 2025. It is not just a legislative revision, but a full-scale rearrangement to put India in line with the requirements of the digital economy and to the world shift towards tax transparency. To the legal practitioner, the dilemma is on the way to work across the bridge between these two regimes specifically the continuation of litigation and reinterpretation of established principles. The main rationale of the new Act, which was emphasized in the Explanatory Memorandum to the Finance Bill 2025, was the complexity of the old regime in 1961. The Act of 1961 in the course of more than sixty years had been a maze of thousands of additions, provisos and non-obstante provisions which, in many cases, distorted the original purpose of the legislation. The 2025 Act will also aim at reviving the tax certainty by cutting the overall number of sections to around 536 as compared to the 800 or more sections today. The most obvious example of this consolidation is the reorganization of exemptions, and the creation of a single concept of the Tax Year, which has at last eliminated the disastrous, two-way, concept of the Previous Year and the Assessment Year.... --- > Land acquisition for renewable energy projects in India under the LARR Act, 2013. Consent rules, SIA, rehabilitation duties and legal risks explained. - Published: 2026-01-30 - Modified: 2026-01-30 - URL: https://www.maheshwariandco.com/blog/land-acquisition-for-renewable-energy-projects-in-india/ - Categories: Energy & Infrastructure - Tags: Land Acquisition Law India, Land Pooling Model, LARR Act 2013, MNRE Guidelines, Public Purpose Doctrine, Rehabilitation and Resettlement, Renewable Energy Law, Social Impact Assessment (SIA), Solar Park Land Acquisition, Wind Energy Projects India I. Introduction: The Paradox of Renewable Energy Land Acquisition India has committed to achieving 500 GW of renewable energy capacity by 2030, a target requiring unprecedented land acquisition amidst competing sectoral demands. Solar and wind parks, constituting the backbone of this transition, are land-intensive infrastructure—requiring 3. 5 to 7. 5 acres per megawatt of installed capacity. This fundamental requirement immediately invokes the machinery of the LARR Act, 2013, enacted to provide “just and fair compensation” and ensure affected families become “partners in development. ” The statutory imperative to honor land rights stands in apparent conflict with the urgency of energy transition. This tension is particularly acute given that renewable energy projects, unlike thermal power or defense, are formally exempted from Environmental Impact Assessment (EIA) and classified under the Ministry of Environment, Forest and Climate Change’s “White Category” industries, historically perceived as non-polluting and therefore operationally exempt from extensive pre-project scrutiny. Yet, the exemption from EIA does not exempt renewable energy projects from LARR compliance, nor does it diminish the social and livelihood impacts of land acquisition. This article examines how the legal framework reconciles these competing imperatives. Explore More: Energy and Infrastructure Law Firm II. Consent Thresholds Under LARR Act and Their Application to Renewable Parks A. Statutory Consent Requirements The LARR Act, 2013 establishes differentiated consent thresholds based on project category. For renewable energy parks, the consent regime depends on whether the project is undertaken by government, public-private partnership (PPP), or private developers. For private sector renewable projects: The... --- > Explore how regulatory conditioned aviation contracts in India depend on DGCA approvals, statutory compliance, and evolving aviation laws. - Published: 2026-01-30 - Modified: 2026-01-30 - URL: https://www.maheshwariandco.com/blog/aviation-contracts-in-india/ - Categories: Regulatory & Compliance - Tags: Aircraft Act and Rules, Aircraft Leasing Law, Aviation Contracts, Aviation Insolvency Law, Aviation Law India, Cape Town Convention India, Contract Frustration Doctrine, DGCA Regulations, IDERA Deregistration, Regulatory Approvals in Contracts Some contracts require more than mutual assent, they require regulatory grace. Although Indian aviation contracts, particularly aircraft lease, wet lease, maintenance, and engine support agreements, are formally governed by the Indian Contract Act, 1872, yet their performance, continuation, and termination are inseparably conditioned on regulatory permissions issued under the Aircraft Act, 1934 and the Aircraft Rules, 1937. Unlike conventional commercial contracts, aviation agreements cannot be performed simply by mutual consent; they require continuous statutory validation through registration, airworthiness certification, and operational approval by the Directorate General of Civil Aviation (DGCA). Indian courts, however, have largely avoided analysing this dependence within contract doctrine. Instead, disputes arising from regulatory obstruction are resolved through writ jurisdiction, administrative law principles, or statutory interpretation. This article argues that this judicial practice obscures the true nature of aviation contracts, which are best conceptualised as regulatory-conditioned contracts, agreements whose enforceability and performance are structurally dependent on regulatory action. Related: Regulatory and Compliance Law Firms Rule 30 of the Aircraft Rules, 1937 mandates that an aircraft must be registered and certified as airworthy before it can be operated. These standards function as conditions for performance, rather than simply external regulatory impediments. An aircraft lease agreement, however valid under Sections 10 and 23 of the Contract Act, cannot be effectively implemented unless these statutory conditions are continuously met. Indian courts have always recognised that when a contract depends on the occurrence of an uncertain future event, performance is dependent upon that event in accordance with Section 32 of the... --- > Income Tax Act 2025 India explained in simple terms. Learn objectives, key changes, digital compliance impact, and benefits before April 2026. - Published: 2026-01-27 - Modified: 2026-01-27 - URL: https://www.maheshwariandco.com/blog/the-new-income-tax-act-2025/ - Categories: Tax - Tags: Digital Tax Administration, Direct Taxation India, Faceless Assessment, Income Tax Act 1961, Income Tax Act 2025, Income Tax Changes India 2025, Indian Tax Law Update, Indian Tax Reforms, New Income Tax Law India, tax compliance india Introduction The new Income Tax Act 2025 is to come into force on April 1, 2026, announces a notable change in the income tax regime of India. It shall replace the Income Tax Act, 1961, that has been the governing statute for direct taxation in India since its promulgation, a period spanning more than six decades. While the 1961 Act has become cumbersome owing to scores of amendments carried out by the government therein to meet the requirements of the developing economy and changing technology, it has often become difficult for the taxpayers to understand and follow it. Explore More: International Taxation The 2025 Income Tax Act represents a deliberate move by the government to simplicity, clarity, and ease of compliance. In this case, instead of introducing sharp changes in tax rates or imposing further tax liabilities on taxpayers, the new Act mainly re-writes and re-organizes the existing legislation in a more rational and easily understandable format. This will make it easier for common people to read and understand income taxation, as well as more comprehensible to tax experts. The Income Tax Act of 1961, through the years, had become very complex because of the numerous alterations, explanations, clauses, and cross-references. It sometimes created confusion, ambiguity in interpretations, and an increase in litigations. Simpler phrasing, avoidance of archaic terms, and arrangement of the law in a more logical and systematic order have been attempted in the new Act to iron out the imperfections. It was basically an attempt at rewriting... --- > SEBI Takeover Code 2025 introduces major changes in valuation, disclosures, and open offer rules. Learn what acquirers must know before a takeover. - Published: 2026-01-23 - Modified: 2026-01-23 - URL: https://www.maheshwariandco.com/blog/sebi-takeover-code-amendments/ - Categories: Mergers & Acquisitions - Tags: Corporate Law Updates, Corporate Takeovers, Mergers and Acquisitions India, Minority Shareholder Protection, Open Offer Regulations, SEBI Regulations, SEBI Takeover Code, SEBI Takeover Code 2025, Securities Law India, Valuation in Takeovers Introduction In India, mergers and acquisitions (M&A) landscape has undergone through evolution over the years, with the Securities and Exchange Board of India (SEBI) playing a important role in supervision, regulation and maintaining openness and fairness. SEBI in the year 2011 enacted SEBI (Substantial Acquisition of Shares and Takeovers) Regulations or also known as SEBI Takeover Code for the purpose of protecting the minor shareholders in a company in an event of acquisition or merger or when an investor is proposing to buy a large number of shares in the company. Over the years there have been amendments made in the regulations by SEBI to Strengthen the acquisition laws. Latently in 2025, SEBI made significant changes to the takeover framework, often known as the SEBI takeover code 2025, with the purpose of harmonizing current law in motion, boost transparency and increasing investor protection. These developments are especially important for acquirers, promoters, etc. engaged in takeovers and acquisitions. Related: Regulatory and Compliance Law Firms Background of SEBI Takeover Code In year 2011, SEBI formulated and enacted the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations or also known as SEBI Takeover Code for the purpose of regulating the acquisitions and protecting the shareholders of the targeted listed company. The regulation was formulated to govern the acquisition by a person who shall be known as an acquirer whether individually or with the assistance of a person acting in concert (PAC) with the intention to either acquire shares or voting rights or the... --- > Understand the role of intellectual property rights in sports, covering trademarks, copyrights, patents, broadcasting rights, and athlete identity protection. - Published: 2026-01-20 - Modified: 2026-01-20 - URL: https://www.maheshwariandco.com/blog/role-of-intellectual-property-rights-in-sports/ - Categories: Sports, Intellectual Property - Tags: Copyright Law in Sports, Intellectual Property Law India, Intellectual Property Rights, IPR in Sports Industry, Patent Law in Sports, Sports Broadcasting Rights, Sports Intellectual Property, Sports Law, Sports Law Firms India, Sports Licensing and Franchising, Trademark Law in Sports IntroductionSports today is not only about competition on the field. It is a high value commercial ecosystem established on identity, content, and access and each of these is secured through intellectual property (“IP”) law. IP rights, and the legal protection they give are the basis for key business transactions that secure the economic value of sports and push the industry forward. For instance, Patent laws encourage technological advances in sporting equipment. Trademark laws protect the distinct identity of events, tournament title, teams and merchandize related to them, that contribute to their commercial gains. Copyright laws govern broadcasting rights, live telecast, streams, authorized recordings, highlight packages and official promos. IPR also oversees licensing and merchandising agreements, that support the development of the sports industry by way of revenue streams created in the industry. In short, IPR affects the realm of sports in several ways, from branding to sponsorship claims to merchandising control to piracy response and even how sports leagues, athletes and broadcasters may structure licenses and imagine ways of enforcing their rights. India also applies a public access safeguard. The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007specifies that sporting events of national importance are intended to reach the widest audience on a free to air basis through mandatory signal sharing with Prasar Bharati. In a recent Delhi high Court order in the case of Star India Pvt. V. Rogue Websites (Delhi High Court, CS(COMM) 566/2025),the court granted a ‘dynamic+’ injunction to protect exclusive broadcasting rights in live... --- > IP due diligence in India is now a deal-maker in M&A. Learn how IP audits reduce risk, improve valuation, and strengthen investor confidence. - Published: 2026-01-19 - Modified: 2026-01-19 - URL: https://www.maheshwariandco.com/blog/ip-due-diligence-in-india-for-ma-and-investments/ - Categories: Intellectual Property - Tags: Corporate IP Valuation, Cross Border M&A India, due diligence, Fundraising in India, Intellectual Property Law India, IP Audits, IP Compliance India, IP Due Diligence, IP due diligence in India, IP Governance, M&A Legal Due Diligence, Private Equity Due Diligence, Startup IP Risks In India’s rapidly evolving corporate and investment ecosystem, intellectual property has emerged as one of the most decisive indicators of business value. Whether a company is scaling through venture capital, eyeing strategic acquisitions, or preparing for a merger, investors increasingly evaluate not just financial health but the strength, clarity, and enforceability of its IP assets. In this environment, IP due diligence in India is a core determinant of valuation, risk, and long-term commercial viability. As transactions become more technology-driven, courts are becoming more IP-sensitive, and regulatory expectations are becoming more stringent. Businesses that embed IP audits into their corporate governance frameworks consistently outperform those that treat IP as an afterthought. Effective IP audits reduce legal uncertainty, enhance corporate IP valuation, strengthen intellectual property compliance, and ensure that companies are transaction-ready. Conversely, unidentified IP defects (unregistered trademarks, unclear ownership of code, pending disputes, or flawed assignments) can severely disrupt or even derail deals, especially during M&A legal due diligence. Explore More: IP Law Firm in India Why IP Due Diligence Is Critical in M&A and Fundraising in India In mergers, acquisitions, and fundraising transactions, IP assets often represent the core commercial value of the business being evaluated. Technology companies rely on proprietary software and algorithms; pharmaceutical entities depend on patents; consumer brands derive their market strength from trademarks; and media, design, and digital enterprises are built on copyrights and content ownership. When investors or acquirers examine a target, the question is no longer limited to “What does the company own? ”... --- > IP portfolio management services for large enterprises covering renewals, enforcement, governance, and global compliance by experienced IP law firms. - Published: 2026-01-16 - Modified: 2026-01-20 - URL: https://www.maheshwariandco.com/blog/ip-portfolio-management-services/ - Categories: Intellectual Property - Tags: Corporate IP Law India, Corporate IP Strategy, Enterprise Legal Services, Intellectual Property Law, Intellectual Property Law Firm India, IP Docketing, IP Enforcement, IP Governance, IP Legal Services India, IP Portfolio Management, IP Portfolio Management Services, IP Renewal Management, Patent Portfolio Management, Trademark Monitoring IP Portfolio Management Services Effective intellectual property (IP) portfolio management is a strategic necessity for large enterprises. Beyond filing and prosecution, enterprises must manage renewals, budgets, enforcement, and commercial exploitation across multiple jurisdictions. This guide explains legal and operational challenges in IP portfolio management and describes how an experienced intellectual property law firm in India can deliver scalable IP portfolio management services and corporate IP legal support. Core challenges in IP portfolio management Large enterprises face several recurring legal and administrative obstacles: 1. Renewal tracking and docketing Timely renewals prevent loss of rights. Large portfolios increase the risk of missed deadlines across jurisdictions, classes, and successor ownership structures. A missed renewal can result in irrecoverable loss or costly restoration procedures. 2. Budgeting and cost-control IP maintenance imposes recurring and often unpredictable costs (renewals, annuities, oppositions, litigation, and monitoring). Aligning IP spend with commercial priorities requires centralised budgeting, prioritisation rules, and predictable forecasting. 3. Infringement monitoring and enforcement Detecting potential infringement early, including online marketplaces and social platforms, is essential to preserve value. Legal teams must evaluate evidence, manage takedown processes, and decide between administrative notices, cease-and-desist letters, or formal litigation. 4. Data integrity and ownership changes Mergers, divestitures, and corporate reorganisations complicate chain-of-title, assignment records, and maintenance responsibilities. Accurate records and resilient processes are necessary to avoid disputes over ownership. 5. Cross-border compliance and filings Different jurisdictions impose distinct maintenance regimes, grace periods, and formalities. Managing multi-jurisdictional portfolios requires harmonised processes and local counsel coordination. How legal firms solve these... --- > Corporate fraud laws in India regulate financial misconduct through the Companies Act, SEBI, PMLA, and IT Act, ensuring accountability and investor protection. - Published: 2026-01-14 - Modified: 2026-01-14 - URL: https://www.maheshwariandco.com/blog/corporate-fraud-laws-in-india/ - Categories: Corporate - Tags: Companies Act of 2013, Corporate Fraud Laws in India, Corporate Governance, Fraud Prevention, IT Act Cyber Fraud, PMLA Compliance, SEBI Regulations, Section 447 Companies Act, SFIO Investigations, White Collar Crime Corporate fraud refers to any unethical or illegal actions undertaken by a business or its employees to gain an unfair advantage. Examples include account falsification, debt concealment, insider trading, diversion of investor funds, and bribery of officials. While these actions may seem like mere "business tricks," they have harmful consequences for the economy, investor trust, and the quality of life for ordinary individuals connected to these companies. In recent years, India has witnessed several high-profile incidents that have exposed significant flaws in corporate accountability, ranging from large-scale banking scandals to manipulations of financial statements. Despite progress in legislation and digital oversight, instances of corporate misconduct continue to occur, highlighting the necessity for policy to evolve alongside business innovation. Over the past decade, the Indian government has enhanced its statutory and regulatory measures in response to this issue. A pivotal moment was the enactment of the Companies Act of 2013 (“CA Act”), which criminalized corporate fraud and established accountability for both individuals and corporations. Regulatory bodies such as the Serious Fraud Investigation Office (“SFIO”) and the Securities and Exchange Board of India (“SEBI”) were empowered to investigate suspicious financial activities. Supporting legislation, including the Information Technology Act, 2000 (“IT Act”) and the Prevention of Money Laundering Act, 2002 (“PMLA”), now addresses the digital and financial aspects of these crimes. Corporate fraud now impacts all stakeholders in the economic system, from small investors to government entities, and is no longer perceived as a mere "white-collar" issue affecting only a handful of large... --- > NGT interim relief against PCB orders explained with 2025 judicial trends. Practical guidance on show-cause notices, interim stays, and compliance strategy. - Published: 2026-01-09 - Modified: 2026-01-09 - URL: https://www.maheshwariandco.com/blog/ngt-interim-relief-against-pcb-orders/ - Categories: Regulatory & Compliance - Tags: Environmental Compliance, Environmental Law India, Environmental Litigation Strategy, Interim Relief, National Green Tribunal, NGT Act., NGT Litigation, PCB Closure Orders, Pollution Control Board, Pollution Control Boards Introduction In the contemporary regulatory landscape, regulated entities such as industrial units, infrastructure and construction projects, and waste-processing facilities routinely face significant operational, financial, and contractual disruptions upon the issuance of closure directions or show-cause notices by Pollution Control Boards (PCB). Challenges to such regulatory actions are increasingly framed around procedural impropriety, denial of natural justice, excessive or disproportionate exercise of statutory powers, and instances where alleged environmental violations remain unsubstantiated by cogent evidence. Recent jurisprudence in 2025, particularly from the National Green Tribunal and the Supreme Court, has further clarified the principles governing the grant or refusal of interim relief, balancing environmental protection and sustainable development against the need to safeguard legitimate business and economic interests. Against this evolving backdrop, the Emergency Playbook draws upon current judicial trends to guide regulated entities in strategising challenges before the NGT, drafting effective pleadings, seeking interim stays, and understanding the circumstances in which such relief is likely to be declined. Related: Regulatory and Compliance Law Firms Understanding The NGT What is NGT’s mandate A National Green Tribunal is being formed under the National Green Tribunal Act, 2010, which gives NGT the authority to decide civil cases that have a substantial question associated with the environment, and ensures that statutory obligations, environmental harm, and a challenge to a decision made under environmental legislation. The Tribunal is not bound by the procedural rigours of the Code of Civil Procedure and is guided instead by principles of natural justice, equity, sustainable development, and the precautionary... --- > IP infringement monitoring helps established brands detect counterfeits, trademark misuse, and patent risks early through proactive surveillance and enforcement. - Published: 2026-01-07 - Modified: 2026-01-07 - URL: https://www.maheshwariandco.com/blog/ip-infringement-monitoring-for-established-brands/ - Categories: Intellectual Property - Tags: Brand protection India, Intellectual Property Law, IP enforcement services, IP Infringement, IP Infringement Monitoring, Patent Enforcement, Patent Monitoring, trademark infringement, trademark watch services In a world where counterfeit goods and online brand abuse are rampant, established brands must adopt IP infringement monitoring as a core defense. Industry analysts warn that roughly 20–30% of products on major e-commerce platforms may be counterfeit, fuelling a surge in surveillance solutions. India has been a dynamic IP jurisdiction in this environment. Among major Asian economies, India was the only country whose trademark filings increased in 2022. This boom in filings underscores why brands (especially those active in India) need continuous monitoring of trademarks and patents, along with digital vigilance. Modern brand owners and corporate IP teams must therefore scan domestic and international registries and watch online marketplaces, while also leveraging technology (from AI to analytics) and legal channels to enforce their rights. The sections below detail how trademark watch services, patent monitoring, and digital enforcement mechanisms – supported by technology and legal intervention – can help brands detect and prevent infringement. Explore More: Trademark Lawyers in India Trademark Watch Services First Line of Defense Against IP Misuse A trademark watch service is a proactive IP infringement monitoring solution that alerts rights holders when similar or identical marks are filed or published by third parties. For brands operating in India and internationally, this tool is essential in preventing market dilution and customer confusion. How It Works Trademark watch services continuously scan domestic and international trademark databases (such as the Indian Trademark Registry, WIPO, and EUIPO) for new filings that may conflict with your brand. These services notify IP... --- > Intellectual Property Rights in Renewable Energy cover patents, trademarks, designs, and trade secrets protecting green technologies and innovations. - Published: 2026-01-05 - Modified: 2026-01-05 - URL: https://www.maheshwariandco.com/blog/intellectual-property-rights-in-renewable-energy/ - Categories: Intellectual Property - Tags: Background IP Foreground IP, Clean Energy Innovation, Green IPR, Green Patents, Green Technology Protection, Intellectual Property Law Firm India, Intellectual Property Rights, IP Protection in India, Renewable Energy IP, Renewable Energy Law, Sustainable Technology Law, Technology Licensing Introduction Intellectual Property (“IP”) refers to the legal protection, that is granted to intellectual creations carrying commercial value. For instance, a product, process, software, algorithm, brand name, or any confidential know-how belonging to a business is an asset created through the intellect of the business owners. Such an innovation is considered as the intellectual property of the said business owner. In fact, IP is the key differentiator that sets one business apart from its competitors, effectively being the reasons why investors and customers would choose one venture over another. Explore More: Renewable Energy IP protection aims to reward its creators by granting exclusive rights to the creators to use and commercialize their IP. The legal rights also empower the creators to stop unauthorised use and imitation of their IP, which consequently reduces consumer confusion and misrepresentation. Specifically in the renewable energy sector, IP protection is essential as innovations and expansion often occurs through joint ventures and partnerships with multiple stakeholders and collaborators. Strong IP protection ensures secured data sharing, and allows IP to even become a recurring revenue stream via licensing, assignments, and partnerships. Categories of Green IPR IPR for renewable energy is often dubbed as Green IPR. Green IPR is the bundle of rights reserved for the protectors of innovative technologies and products that contribute to environmental protection and the mitigation of global warming. These include renewable energy systems such as solar, wind, and biofuels energy mechanisms, waste management systems, electric vehicles, green manufacturing, and technology crfeating sustainable materials.... --- > A practical guide to building a global IP maintenance strategy covering renewals, compliance, cost control, and enforcement for international business portfolios. - Published: 2026-01-03 - Modified: 2026-01-03 - URL: https://www.maheshwariandco.com/blog/global-ip-maintenance-strategy/ - Categories: Intellectual Property - Tags: Cross-Border IP Compliance, Global Business IP, Global IP Maintenance, Intellectual Property Law, International IP Strategy, IP Cost Optimisation, IP Enforcement Strategy, IP Governance, IP Management for Multinationals, IP Portfolio Management, Patent Annuity Management, Trademark Renewals Why IP maintenance matters? For an established, outward-looking Indian enterprise, securing intellectual property across multiple jurisdictions is only half the job. The continuing value of patents, trademarks and designs depends on disciplined maintenance: timely renewals, accurate prosecution records, coordinated national-phase entries, and vigilant monitoring for infringing activity. Failure to maintain rights, missed annuities, lapsed renewals, or unmanaged assignments converts hard-won protection into avoidable loss and transactional risk. Effective maintenance therefore shifts IP from a cost centre into a managed corporate asset that supports licensing, M&A and market exclusivity. Explore More: Intellectual Property Litigation in India Understanding the Scope of IP Maintenance in a Global Context A sustainable IP maintenance strategy begins with recognizing that the obligations tied to intellectual property vary across jurisdictions. For multinational or export-oriented Indian companies, this means coordinating a network of rights—each governed by its own national laws, renewal timelines, and procedural nuances. a. Multi-Jurisdictional Renewals Patents typically require annual annuity payments, while trademarks and designs follow renewal cycles of 10 and 15 years, respectively. The complexity arises when rights are spread across multiple jurisdictions under conventions like the Patent Cooperation Treaty (PCT) or Madrid Protocol. Each office—whether it’s the USPTO, EPO, IPO, or IP Australia—imposes its own timeline, formality, and fee schedule. Companies that export technology or brand-driven products often underestimate the administrative load involved in keeping each right alive. Centralized tracking through IP portfolio management systems that can flag upcoming deadlines and automate annuity reminders has become a legal and operational necessity. b. Recordals... --- > SEBI Merchant Banker Rules Amendment 2025 reshapes capital norms, liquid net worth, underwriting limits, and merchant banking regulation in India. - Published: 2025-12-30 - Modified: 2026-01-16 - URL: https://www.maheshwariandco.com/blog/sebi-merchant-banker-rules-amendment-2025/ - Categories: Regulatory & Compliance - Tags: 1992 Regulations, Capital Markets Law, Financial Market Intermediaries, IPO Regulations India, Liquid Net Worth, Merchant Banker Rules, Regulation 13A, Risk-Based Supervision, SEBI Regulations, Securities Law India, SME IPO Framework, Underwriting Regulations Introduction The notification of the Securities and Exchange Board of India (Merchant Bankers) (Amendment) Regulations, 2025 (‘the Amendments’) represents a watershed moment in the history of Indian capital market regulation. For over three decades, the merchant banking industry in India operated under the foundational framework established by the Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992 (‘the 1992 Regulation’). While this framework facilitated the liberalization of India's economy and the initial growth of its equity markets, the sheer velocity, complexity, and scale of the market in 2025 rendered the 1992 architecture increasingly obsolete. The Amendments, effective from January 3, 2026, constitute a fundamental philosophical shift in how the regulator views the role of the "gatekeeper" in the primary market. The transition is from a regime of registration and compliance to one of risk-based supervision and capital resilience. Related: Regulatory and Compliance Law Firms The Previous Regime To understand the gravity of the Amendments, the previous regime must be contextualized. The 1992 Regulations were drafted when India’s market capitalization was a fraction of its current size, and the average Initial Public Offering (‘IPO’) size was modest. Under the 1992 Regulations, a Merchant Banker (‘MB’) could obtain a Category I license with a net worth of merely ₹5 Crores. By 2024, this sum was insufficient to cover even the basic operational costs of a compliance-heavy financial firm in Mumbai, let alone support the underwriting risks of mainboard IPOs often exceeding ₹1,000 Crores. Further, the low barrier to entry led to... --- > Property and real estate disputes in India explained with key legal remedies including injunctions, partition suits, declaratory title suits, and lis pendens. - Published: 2025-12-26 - Modified: 2025-12-29 - URL: https://www.maheshwariandco.com/blog/property-and-real-estate-disputes/ - Categories: Real Estate - Tags: Code of Civil Procedure 1908, Hindu Succession Act 1956, Indian Succession Act 1925, Property Disputes India, Real Estate, Transfer of Property Act 1882 Land is the most commonly held asset in India, and disputes relating to property and real estate form one of the largest segments of civil litigation. This is evident from the fact that approximately 17% of all cases in which judgments were delivered between 1 January 2007 and 31 December 2019 pertained to immovable property. In these cases, the overwhelming majority of disputes were between private parties. Interestingly, the Union Government was the petitioner (or appellant) in only about 2% of such cases, but appeared as the respondent in more than 18% of the litigation . Land litigation is a serious concern in India. It is estimated that more than two-thirds of litigations are related to land or property. This has a bearing on a rapidly developing economy like India since land is a factor of production. In India, numerous legislations govern property and real-estate disputes. These include the Specific Relief Act, 1963 (specific performance of contracts), the Code of Civil Procedure, 1908 (procedure for suits, injunctions, execution, etc. ), the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 (partition and succession in families), and the Transfer of Property Act, 1882, which lays down the law relating to voluntary transfers of immovable property and the different modes and interests involved. Explore More: Real Estate Legal remedies as legislative measures in order to resolve these disputes are as follows: 1. Suit for Specific Performance Specific performance of contract is a remedy under Specific Relief Act, 1963 which is often... --- > Patent Prosecution Highway (PPH) enables faster patent grants by using positive examination results across member patent offices globally. - Published: 2025-12-24 - Modified: 2026-01-03 - URL: https://www.maheshwariandco.com/blog/patent-prosecution-highway/ - Categories: Intellectual Property - Tags: Cross-Border Patent Filing, Expedited Patent Examination, Global Patent Strategy, Indian Patent Office PPH, Intellectual Property Law, International Patent Protection, Japan Patent Office PPH, Patent Prosecution Highway, Patent Prosecution Services, PPH Patent Filing Introduction The Patent Prosecution Highway (PPH) is an effective international arrangement, a strategic cooperative framework between two or more Patent Offices, that aims to expedite the patent grant process in the global market. A PPH allows Patent Applicants in the PPH Member countries to request for expedited examination of their patent application in one member office, based on a positive examination result from another member office. For instance, if one PPH member country successfully allows the patent claims of an Applicant, such an Applicant can request for expedited examination of their patent application in all other PPH member countries. Basically, if one Patent Office has already adjudicated a patent claim and established it as a successfully registrable invention, then all Patent Offices of the PPH members, referred to as the Office of Later Examination (“OLE”), are eligible to accelerate their examination process by relying on the other state’s acceptance - instead of repeating the entire process. Explore More: Patent Attorneys in India Once an Applicant is granted a PPH request, their patent claims, if complete and ready for examination, will be examined in the OLE within 2 to 3 months from the grant of the PPH request. This fast-tracking of patent examination via PPH frameworks has emerged as a critical mechanism in the development of the global Intellectual Property Rights landscape, as it significantly accelerates the examination of patent applications and improves the efficiency of Patent Offices by doing away with procedural and administrative delays. A PPH allows faster and... --- > RBI acquisition finance guidelines 2025 explained, covering bank funding for M&A, eligibility rules, exposure limits, security norms, and compliance impact. - Published: 2025-12-20 - Modified: 2025-12-22 - URL: https://www.maheshwariandco.com/blog/rbi-acquisition-finance-guidelines-2025-explained/ - Categories: Banking & Finance - Tags: Acquisition Finance India, Bank Financing for M&A, Banking Regulation India, Capital Market Exposure RBI, Commercial Banks Regulation, Corporate Finance Law India, Financial Regulation India, Mergers and Acquisitions Law, Prudential Norms RBI, RBI Acquisition Finance, RBI Draft Directions, RBI Guidelines 2025 I. Introduction The Reserve Bank of India (RBI) released the Draft Reserve Bank of India (Commercial Banks – Capital Market Exposure) Directions, 2025 on October 24, 2025, representing a watershed moment in India’s acquisition financing landscape . This follows the RBI Governor’s announcement on October 1, 2025, in the Statement on Developmental and Regulatory Policies, where the central bank proposed an enabling framework for commercial banks to finance mergers and acquisitions (M&A) by Indian corporates. For over seven decades, Indian commercial banks operated under a categorical prohibition against financing corporate acquisitions, a restriction rooted in prudential concerns regarding the speculative nature of equity investments and the risk to public deposits. The Draft Directions consolidate and repeal more than 50 circulars issued since 1986, replacing them with a unified, modern regulatory framework that balances market liberalization with stringent prudential safeguards. This article examines the salient features of the Draft Directions, their eligibility criteria, structural requirements, security frameworks, and prudential limits, whilst also assessing the implications of this transformative policy shift for India’s corporate financing ecosystem. Explore More: Banking and Finance Law Firm II. Historical Context and Policy Rationale For decades, the RBI’s regulatory stance on acquisition financing remained fundamentally prohibitive. The Banking Regulation Act, 1949, and the RBI Master Circular on Loans and Advances, dated July 1, 2015, explicitly barred commercial banks from extending loans or advances for the purpose of acquiring shares of other companies, including financing corporate takeovers or management buyouts, with limited exceptions confined to the infrastructure sector.... --- > The Cockpit Verdict: Redefining Workman status in Pilot in Command workman status under Industrial Disputes Act, as clarified by Delhi High Court. - Published: 2025-12-17 - Modified: 2025-12-17 - URL: https://www.maheshwariandco.com/blog/the-cockpit-verdict/ - Categories: Labour & Employment - Tags: Aircraft Rules, Aviation Labour Law, Back Wages Industrial Disputes Act, Delhi High Court Judgments, Employment Law India, Industrial Disputes Act, Labour Law Case Analysis, Pilot in Command, Section 2(s) ID Act, Supervisory Capacity, Technical Employee, Workman Definition The Division Bench of the Hon’ble Delhi High Court, comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar, delivered a significant judgment in the case of King Airways v. Captain Pritam Singh & Ors. (LPA 142/2013 & connected matters), dated December 11, 2025. This verdict decisively settled a long-standing jurisprudential controversy regarding the classification of high-income professionals, specifically Pilots-in-Command (PIC), under the Industrial Disputes Act, 1947 (ID Act). The Hon’ble Court was seized with multiple Letters Patent Appeals challenging conflicting orders. The primary legal conundrum was whether a Pilot-in-Command, who draws a substantial salary and exercises statutory authority over an aircraft and its crew, falls within the definition of a "workman" under Section 2(s) of the ID Act or is excluded as a "supervisor" under Section 2(s)(iv). The judgment offers a comprehensive analysis of statutory interpretation, distinguishing between "operational control" mandated by safety regulations and "supervisory control" in an industrial relations context. The Hon’ble Court relied on the judgement of Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978 SCC OnLine 65) to interpret the definitions under the Industrial Disputes Act (ID Act) in a "popular sense" rather than a strict dictionary sense. The Hon’ble Court used this to emphasize that the ID Act is a beneficial legislation intended to protect labour, and statutory definitions like "industry" or "workman" must be construed with the values of social justice, avoiding narrow interpretations that exclude employees based on technicalities. The crux of the Appellant’s argument rested on the statutory exclusions provided... --- > India Labour Codes 2020 explained in detail, covering wages, industrial relations, social security, gig workers, and workplace safety reforms. - Published: 2025-12-15 - Modified: 2025-12-15 - URL: https://www.maheshwariandco.com/blog/indias-labour-codes-2020/ - Categories: BUSINESS LAW, Labour & Employment - Tags: Code on Social Security, Code on Wages, Code on Wages 2019, Employer Compliance India, Gig Workers India, Industrial Relations Code, Minimum Wages India, OSHWC Code, Platform Workers Law, Social Security Law India, Unorganised Sector Workers Introduction On 21st November 2025, India witnessed one of the most significant labour reforms in its post-independence history with the implementation of four unified Labour Codes that consolidated and rationalized 29 existing labour laws. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 represent a comprehensive overhaul of India's labour regulatory framework. This transformational change aims to create a protected, future-ready workforce while promoting ease of doing business, thus balancing the interests of workers, employers, and the broader economy. The journey towards these consolidated codes began with recommendations from the Second National Commission on Labour, which advocated for grouping labour laws into four to five codes. Following extensive consultations from 2015 to 2019, the Ministry of Labour and Employment pursued this modernization agenda to simplify compliance, reduce bureaucratic complexity, and extend protection to hitherto excluded categories of workers, including those in the gig economy, platform-based work, and unorganized sectors. Explore More: Indian Labour Laws and Changing Work Nature Context and Rationale for Codification: The pre-2019 labour law framework in India was characterized by fragmentation and redundancy. Multiple Central and State -level enactments created overlapping jurisdictions, compliance burdens for employers, and gaps in worker protection. Workers in the informal economy, including the estimated 400 million unorganized sector workers, gig workers, and platform workers, remained largely outside the formal social security net. Similarly, existing laws were not designed to accommodate the evolving nature of work... --- > Challenging Environmental Clearance at NGT involves strict timelines, locus rules, and legal grounds under the NGT Act, 2010 and EIA framework. - Published: 2025-12-13 - Modified: 2025-12-15 - URL: https://www.maheshwariandco.com/blog/challenging-environmental-clearance-at-ngt/ - Categories: BUSINESS LAW - Tags: EC Appeal, EIA Notification 2006, Environmental Clearance, Environmental Law India, Environmental Litigation, Infrastructure Projects India, Interim Stay NGT, National Green Tribunal, NGT Act 2010, NGT Jurisdiction, Supreme Court Appeal NGT, Sustainability Law Introduction Environmental Clearance (EC) is an essential approval provided by the competent authority that guarantees that any planned actions or projects comply with environmental regulations and do not negatively impact the physical habitat of surrounding areas. EC is required for many types of developments, including, but not limited to, mining, industrial Construction of large-scale infrastructure, and some types of coastal/forest developments. EC requires a thorough review and assessment of all potential ecological impacts and appropriate mitigation strategies prior to implementation of any project. Obtaining EC protects the health of people, the environment and preserves limited natural resources; it also promotes sustainability. In the absence of EC, projects face potential delays, fines, litigation or termination. Thus, EC is a critical mechanism to ensure that the need for development is balanced with environmental protection; likewise, applying for EC is an important step in meeting the Government’s regulatory requirement and also in providing for responsible, sustainable project planning. Explore More: Energy and Infrastructure Law Firm Balancing Development and Ecology In India’s Green Court In the modern regulatory landscape, Environmental Clearance (EC) has become the cornerstone of sustainable development in India. Issued under the Environment (Protection) Act, 1986 and the EIA Notification, 2006, Environmental Clearances are not just a procedural formality or even one-time concession or two they represent a constitutional obligation which is derived from the right to life guaranteed in Article 21 of Constitution. However, the process of obtaining an EC is frequently at odds with the rapid advancement of infrastructure. The... --- > Understand how intellectual property in telecom industry impacts patents, trademarks, SEPs, licensing and protects innovation in India’s fast-evolving telecom sector. - Published: 2025-12-11 - Modified: 2025-12-26 - URL: https://www.maheshwariandco.com/blog/intellectual-property-in-telecom-industry/ - Categories: BUSINESS LAW, Intellectual Property - Tags: Copyright, copyright protection, FRAND, Indian IPR Regime, Intellectual Property, patents, Standard Essential Patents, Telecom Industry, Telecom Litigation, Trade Secrets, Trademark Law Introduction From the first working electric telegraph line that transmitted electrical signals through wires, to today’s high speed 5G networks, the telecommunications sector has evolved into one of the fastest-paced and most influential industries in the modern global economy. The telecom industry has drastically transformed how people communicate and interact and is constantly evolving, even today, to meet the ever growing demands. Telecom industry’s growth and competitiveness are based on innovation. Pertinently, the basis to promote innovation and support constant growth is, to the largest extent, attributed singularly to effective management of intellectual property. Intellectual Property (“IP”) refers to any creation of one’s mind, such as one’s ideas, industrial models, invention, trademarks, software, algorithms, trade secrets, etc. Intellectual Property Rights (“IPR”) is the legal protection granted to creations of one’s mind, when such creation carries commercial value. IPR rewards creators with exclusive rights in their intellectual assets for a limited period, which incentives creators to research and innovate further; and resultantly enhance competitiveness in their respective industry. Telecom Industry – An IP powerhouse A high-tech industry, such as the telecom industry sustains on advanced scientific knowledge and cutting-edge technology that includes numerous IPs belonging to several IP owners. This article analysis the different IP assets belonging to the telecom industry and how they are protected under the Indian IPR Regime: Patents: The Indian Patents regime protects products and processes that are (i) novel, i. e. , not existing in the public domain; (ii) are inventive, i. e. , the product... --- > Learn how global trademark protection helps safeguard brand value and secure rights across multi-jurisdiction markets. - Published: 2025-12-10 - Modified: 2025-12-11 - URL: https://www.maheshwariandco.com/blog/global-trademark-protection/ - Categories: Intellectual Property - Tags: Brand Protection, Global Trademark Protection, International IP Rights, International Trademark Registration, IP Law India, Madrid Protocol, Trademark Attorneys India, Trademark Enforcement, Trademark Strategy The Value of a Global Brand In today’s interconnected economy, trademarks embody a company’s reputation and customer goodwill. As valuable intangible assets, they distinguish your goods or services and convey quality to consumers. Protecting your brand across international markets is therefore not just a legal formality but a strategic imperative to safeguard its value. Yet globalisation also poses challenges: trademark laws vary widely, and rights are territorial. A mark protected in one country may not be recognised in another. Both foreign businesses entering India and Indian companies expanding abroad face the same question: how to effectively protect their trademarks in multiple jurisdictions and secure their brand value globally? Explore More: IP Law Firm In India Trademarks Are Territorial Trademark rights are generally territorial, meaning that registration in one country typically provides no protection in others. There is no single “worldwide” trademark, therefore, you must secure rights in each jurisdiction of interest. This makes proactive planning essential. If you delay filing in a key market, a third party might register your brand there first (many countries follow a strict first-to-file rule) and effectively block your use of the name. Even where prior use of a mark can be invoked, enforcing unregistered rights in a foreign country is difficult. Thus, companies are wise to register trademarks in target countries early, often even before launching in those markets. Early filing cuts off potential trademark squatters and ensures you can expand without legal conflicts over your brand. International Trademark Registration Mechanisms When expanding globally,... --- > Complete analysis of the Prevention of Money Laundering Act 2002, covering key sections, powers of ED, amendments, and major Supreme Court rulings. - Published: 2025-12-08 - Modified: 2025-12-08 - URL: https://www.maheshwariandco.com/blog/prevention-of-money-laundering-act-2002/ - Categories: Criminal Law - Tags: anti money laundering law, ed investigation powers, enforcement directorate powers, financial crimes in india, money laundering law india, pmla act india, pmla amendments, pmla attachment of property, pmla bail conditions, pmla sections explained, prevention of money laundering act 2002, scheduled offences under pmla, supreme court on pmla I. Introduction Money laundering is an illicit process of concealing the origins of illegally obtained money. It is a global scourge that undermines the integrity of financial systems and fuels organised crime, terrorism, corruption, and also distorts legitimate economic activities. It poses a grave threat to national security, economic stability, and the rule of law because it transcends into geographical boundaries through sophisticated financial networks. Recognising the severe ramifications of this transnational crime, India, as a responsible member of the international community, enacted the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as "PMLA" or "the Act"). The PMLA came into force on 1st July, 2005 and represents a robust legislative framework designed to combat money laundering, confiscate assets derived from criminal activities, and provide for matters connected therewith or incidental thereto. Explore More: Best Criminal Defense Law Firm The genesis of the PMLA can be traced from India's international commitments, particularly its obligations under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (the Vienna Convention), the United Nations Convention Against Transnational Organized Crime, 2000 (the Palermo Convention), and the recommendations of the Financial Action Task Force (FATF). FATF is an inter-governmental body established to set standards and promote effective implementation of legal, regulatory, and operational measures for combating money laundering, terrorist financing, and other related threats to the integrity of the international financial system. The Act aims not merely to punish offenders but also to dismantle the financial infrastructure that supports criminal enterprises,... --- > A clear guide to shareholder disputes resolution in India covering oppression, mismanagement, NCLT remedies, audits, and board control issues. - Published: 2025-12-04 - Modified: 2025-12-04 - URL: https://www.maheshwariandco.com/blog/shareholder-disputes-resolution-in-india/ - Categories: Corporate & Commercial - Tags: board control disputes, commercial litigation, Companies Act 2013, company law India, Corporate Governance, deadlock remedies, forensic audits, minority shareholder rights, NCLAT, NCLT, oppression and mismanagement, shareholder disputes Introduction Commercial and shareholders' disputes are an inevitable facet of corporate life, often arising from divergent interests, power struggles, or alleged misconduct within a company. Commercial and shareholders' disputes represent a significant challenge in the corporate landscape, often threatening the very existence and smooth functioning of companies. These disputes frequently arise from deep-seated disagreements over management, control, and financial integrity and such disputes only necessitate a robust legal framework for resolution. In India, the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) serve as the primary adjudicatory bodies for such matters, particularly under the Companies Act, 2013. This blog post delves into key aspects of these disputes, focusing on oppression and mismanagement, injunctions, deadlock remedies, forensic audits, and board control issues. Explore More: Corporate Law Firm in India Oppression & Mismanagement: The Core of Shareholder Grievances (Sections 241-242, Companies Act, 2013) At the heart of many shareholder disputes lies the allegation of oppression & mismanagement. Sections 241 and 242 of the Companies Act, 2013, provide a robust framework for minority shareholders to seek redressal when the affairs of the company are being conducted in a manner prejudicial to public interest, oppressive to any member(s) or prejudicial to the interests of the company. The Hon’ble Supreme Court in the case titled Tata Consultancy Services ltd. v. Cyrus Investments (P) ltd. (2021) clarified the contours of “oppression” and held that mismanagement must be continuous, burdensome, harsh, and wrongful. What constitutes oppression? It refers to a continuous course... --- > Understand online defamation law in India, civil and criminal remedies, digital evidence rules, and rights that protect online reputation. - Published: 2025-12-01 - Modified: 2025-12-01 - URL: https://www.maheshwariandco.com/blog/online-defamation-law-in-india/ - Categories: Criminal Law - Tags: Bharatiya Sakshya Adhiniyam, BNS 2023, civil defamation, criminal defamation, cyber defamation cases, cyber law India, defamation law India, digital evidence India, injunctive relief India, intermediary liability, IT Rules 2021, online defamation, online reputation, online speech rights, reputation protection In the modern digital landscape, the internet has become a powerful platform for exercising the fundamental right to freedom of speech and expression. However, this freedom comes with a significant responsibility, especially when it concerns the right to reputation. Reputation, as recognized across common-law jurisdictions, is a fundamental facet of personal dignity. In India, this principle is not merely moral but constitutional; the right to reputation has been read into Article 21 as an essential component of the right to life. Simultaneously, Article 19(1)(a) preserves the right to free speech, making defamation law a delicate exercise in balancing individual dignity with democratic expression. In the digital age, traditional doctrines of defamation encounter unprecedented challenges. Online harm is amplified by speed, virality, and the permanence of digital footprints. Defamation is essentially the act of making or publishing a false statement about someone that harms their reputation. It is a statement that injuries a third party’s reputation. Explore More: Best Criminal Defense Law Firm The Tripartite Essentials of Defamation Establishing a successful action in defamation requires the plaintiff to prove, prima facie, the concurrent presence of three indispensable elements: 1. The Statement Must Be Defamatory The statement must be capable of damaging the plaintiff's reputation in the eyes of others. It must be proven that the statement holds the capacity to subject the plaintiff to hatred, contempt, or ridicule. The words must be interpreted based on their natural and ordinary meaning, or their secondary meaning, also known as Innuendo, and must tend... --- > Understand standard form employment contracts in India, employee rights, unfair clauses, and legal limits on non-compete and post-employment restrictions. - Published: 2025-11-29 - Modified: 2026-02-05 - URL: https://www.maheshwariandco.com/blog/standard-form-employment-contracts-india/ - Categories: Employment - Tags: Employee Rights, employment contracts, employment law compliance, HR policies India, Indian Contract Act, Indian Contract Act 1872, labour law India, legal insights India, non-compete India, post-employment obligations, restrictive covenants, Section 27, standard form contracts Introduction In India, as per Section 9 of the Indian Contract Act, 1872, contracts can be made either orally or in writing; these are called express contracts. They can also be formed through the behaviour of the parties, which are referred to as implied contracts. A contract is considered valid when it includes certain key elements. These elements are offer, acceptance, consideration, and legal purpose. These elements are necessary to make the contract binding on the parties who enter into such contract. However, beyond these conventional forms, there exists another type of contract that plays a significant role in modern commerce, also known as the standard form contract. Explore More: Labour & Employment Law Firm The Standard form of contract is commonly referred to as a “take it or leave it” contract. This type of agreement is created by one party, often the stronger one, leaving the other party with minimal options to negotiate. Although these contracts are valid under Indian law, they are examined by the courts to make sure that no unfair or unreasonable terms take advantage of the weaker party. An example of such agreements is the employment contract, where employees often have no real choice but to accept the terms imposed by the employer. The legal interpretation of standard form employment contracts in India is grounded in the recognition of unequal bargaining power between employers and employees. For instance, an employment agreement that contains a strict termination clause wherein the Employer has the right to terminate... --- > India smell trademark milestone as Sumitomo’s rose-scent tyre mark gets accepted. A new chapter for non-traditional trademarks in India. - Published: 2025-11-28 - Modified: 2025-11-29 - URL: https://www.maheshwariandco.com/blog/india-smell-trademark-first-scent-mark-filed/ - Categories: BUSINESS LAW - Tags: distinctiveness in trademarks, global smell mark cases, India smell trademark, IP law updates, non-traditional trademarks, olfactory trademark, scent mark registration, Sumitomo Rubber, Trade Marks Act 1999, Trademark Law India Introduction History has been created! On November 21, 2025, the Controller General of Patents, Designs & Trade Marks (“CGPDTM”) accepted India’s first ever olfactory trade mark. The landmark development is a result of an ambitious and strategic application filed by the Japanese company Sumitomo Rubber Industries Ltd. to protect the floral fragrance/smell reminiscent of roses as applied to company’s tyres. This article discusses non-conventional trademarks and how scent or smell marks have been treated worldwide, including in India. As India’s smell-mark story begins, this article will also examine Sumitomo’s application, the legal merits and grounds for acceptance of Sumitomo’s subject-matter application. Explore More: Intellectual Property law firm india Non-conventional trade marks As per the Trade Marks Act, 1999 (“The Act”), a trademark is a distinctive mark capable of graphical representation - that distinguishes the goods or services of one person from those of another. A single word, a combination of words, slogans, logos, devices, designs, colours, composite marks consisting of work and logo and a combination of either/ all of these are conventionally and traditionally considered trademarks as per the Act. Some trademarks extend beyond these conventional forms and are considered non-traditional trademarks. Non-traditional trademarks may include smell marks, shape marks, motion marks, sound marks, taste marks, or texture marks. Amongst these, smell marks are scents associated exclusively with a particular product or service - such that it becomes capable of being a source identifier by differentiating goods/ services of one from another. Registration of smell marks is particularly challenging... --- > A clear tech startup intellectual property guide covering trademarks, patents, copyright, and contracts for building a strong IP foundation in India. - Published: 2025-11-26 - Modified: 2025-11-27 - URL: https://www.maheshwariandco.com/blog/tech-startup-intellectual-property-guide/ - Categories: Intellectual Property - Tags: founder agreements, intellectual property rights India, IP protection for startups, NDA and confidentiality, patents for tech companies, software copyright India, startup law India, tech startup intellectual property, trade secrets India, trademarks for startups Understanding Intellectual Property in the Startup Ecosystem For a technology startup in India, the question is not whether to secure intellectual property (IP), but when and which type of IP should be prioritized. In an environment where ideas are rapidly replicated and innovation defines valuation, safeguarding intangible assets early can determine a startup’s competitive edge and investor confidence. Intellectual Property Rights (IPR) are not a luxury just for bigger companies; they're also a legal requirement for new businesses that want to safeguard their technology, brand identification, or creative work. But most entrepreneurs have trouble figuring out the order in which to protect things. Should they secure a patent first or register their brand as a trademark? Should proprietary code be protected by copyright or kept confidential through contracts? The First Step: Protecting the Brand Identity through Trademarks For most tech startups, the brand name and logo are among the first public-facing identifiers of the business. Legally, these elements fall under trademark protection in India. A trademark secures the name, logo, tagline, or even the distinctive shape or colour associated with your brand. This is often the first IP asset that a startup should secure. Here’s why: Early-stage visibility: Before product development reaches maturity, startups begin marketing, building websites, and engaging with potential users or investors. This public visibility creates a risk of imitation or cybersquatting. Investor due diligence: Trademark ownership is one of the first IP checks investors perform. It signals brand authenticity and operational maturity. Legal exclusivity: Registration grants... --- > Know how India’s four labour codes reshape wages, social security, safety, and employment rules. Full breakdown of the new workforce framework. - Published: 2025-11-22 - Modified: 2025-11-22 - URL: https://www.maheshwariandco.com/blog/indias-four-labour-codes-explained/ - Categories: Labour & Employment - Tags: Code on Wages, Employment Law India, Four Labour Codes India, Gig Workers India, Indian Labour Market Reform, Industrial Relations Code, Labour Compliance, Labour Law Reform, Occupational Safety and Health Code, Social Security Code, Workforce Regulation India's labour governance structure has undergone a radical change with the implementation of its four labour codes. These codes: the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health, and Working Conditions Code, 2020, replace 29 out-of-date core labour laws as of November 21, 2025. The goals of this consolidation are to improve worker welfare, modernize India's labour ecosystem, and bring the nation's regulatory framework into compliance with international norms. This change is a significant advancement with broad ramifications for companies, attorneys, and employees alike. Explore More: labour & employment law firm The Need for Reform India's labour law landscape has been marked for decades by its complexity, fragmentation, and inconsistent application across states and sectors. The dynamic, digitalized, gig-based, and international workplace of today is substantially different from the age in which many regulations were established. The government aims to bring labour laws into line with modern reality by implementing these four codes: an increase in gig work, contract employment, platform-based services, quicker global supply chains, interstate mobility, and an increasing focus on social security and safety. Additionally, the reform is positioned as a component of the larger vision of "Aatmanirbhar Bharat" (self-reliant India), which includes resilient sectors, a workforce prepared for the future, and a regulatory framework that promotes worker welfare and enterprise. What has changed Formalisation and Transparency Appointment letters are now required for all employees, which clarifies roles, pay, and other benefits. According to the... --- > Explore personality rights in India, key laws, court rulings, and digital-age challenges shaping identity protection today. - Published: 2025-11-20 - Modified: 2025-11-20 - URL: https://www.maheshwariandco.com/blog/personality-rights-in-india/ - Categories: Intellectual Property - Tags: Article 21 jurisprudence, celebrity rights India, deepfake laws India, Delhi High Court rulings, digital rights India, identity protection, Indian cyber law, Indian privacy law, Intellectual Property India, John Doe orders, media law India, Personality Rights, right of publicity Imagine waking up one morning to discover your face selling toothpaste in a country you’ve never even visited. Or picture scrolling through Instagram only to find a meme using your photo without your permission gaining more likes than your actual posts ever have. Welcome to the wonderfully chaotic world of personality rights, where your identity isn’t just you anymore; it’s intellectual property with legal muscle. As digital footprints grow deeper and data becomes currency, personality rights have moved from celebrity gossip columns to everyday conversations. Whether you're a public figure, a micro-influencer, or simply someone with a decent profile picture, the law now plays a crucial role in protecting your name, image, voice, and even those signature quirks that make you, you. This article delves into the constitutional underpinnings, statutory provisions, emerging principles, judicial pronouncements, and the inherent challenges and criticisms surrounding personality rights in India. Explore More: Intellectual Property law firm india Introduction Personality rights, often referred to as the right of publicity, represent an individual's exclusive right to control the use of their name, image, likeness, or other aspects of their identity. In an increasingly commercialized and digitally interconnected world, the value of one's persona, particularly for celebrities, public figures, and even ordinary individuals, has skyrocketed. India, with its vibrant media industry and burgeoning digital presence, has witnessed a significant evolution in the understanding and enforcement of these rights. Constitutional Framework The foundation of personality rights in India can be traced back to the expansive interpretation of fundamental... --- > DPDP Act Compliance explained with phases, rules, duties, consent standards, and key steps for businesses preparing for 2025–2027 rollout. - Published: 2025-11-19 - Modified: 2025-11-19 - URL: https://www.maheshwariandco.com/blog/dpdp-act-compliance-guide-2025/ - Categories: Regulatory & Compliance - Tags: Cybersecurity Compliance, Data Breach Notification, Data Fiduciary, Data Governance, Data Protection India, DPDP Act Compliance, DPDP Rules 2025, Indian Tech Law, Privacy Law India After two years of anticipation, India has formally brought the Digital Personal Data Protection Act, 2023 (“DPDP Act”) into force. With this, the Government has also notified the long-awaited DPDP Rules, 2025, officially setting the compliance machinery in motion. Although implementation has been staggered over an 18-month window, the transition will demand sustained effort across legal, technical and operational teams. Following is a refined overview of the rollout, the key refinements introduced through the Rules, and what businesses must prioritize as they navigate the transition. Related: Regulatory and Compliance Law Firms 1. A Phased Rollout, but a Narrow Compliance Runway The Government has opted for phased implementation to reduce friction. This first phase sets up the institutional backbone of the new regime. a. Immediately in Effect from 13 November 2025 Following core provisions became operational on 13th November 2025 The Data Protection Board (“DPB”) is officially constituted and will function with its head office in NCR. Rule 4 of DPDP Rules relating to appointment, functioning, meetings and digital office have also kicked in. Along with Powers to enforce, investigate, and penalize, including inquiry powers when Consent Managers breach their obligations as mentioned under Section 27. The earlier SPDI Rules, 2011 continue to remain in force for 18 more months, ensuring no compliance vacuum. A major shift under the RTI Act - the presence of “personal information” is now a ground to reject disclosure. The earlier exception permitting disclosure in public interest has been removed. b. After 12 months i. e,13... --- > ADR in digital IP disputes helps resolve online IP issues faster through mediation, arbitration, and new strategies for enforcement in the digital era. - Published: 2025-11-18 - Modified: 2025-11-18 - URL: https://www.maheshwariandco.com/blog/adr-in-digital-ip-disputes/ - Categories: Arbitration - Tags: ADR, AI and IP, Arbitration, Cyberspace law, Digital IP, Infringement strategies, IP Enforcement, Mediation, Online dispute resolution, Technology Law Introduction Computers, the internet, and other electronic communication networks have created a virtual world that is popularly referred to as "cyberspace”. Cyberspace connects us all globally, transforming traditional ways of human interactions, transactions, and knowledge sharing. The digital era presents several complexities, especially when disputes arise, including the need for domain specialists who can adjudicate cross-border digital disputes involving multiple geographical jurisdictions and legal regimes. Explore More: ip law firm in india Types of ADR Mechanisms Relevant to IP Disputes The term Alternative Dispute Resolution (“ADR”) refers to a way of resolving conflicts outside of court. ADR mechanisms typically include negotiation, mediation, and arbitration. Uniquely, Indian laws require pre-institution of mediation clauses for all commercial disputes, including IPR disputes in transactions and contracts. Resultantly, India has evolved a specialised dispute resolution mechanism for commercial disputes to ensure speedier resolution through stricter timelines and unique court procedures, given the urgency of the conflicts. ADR mechanisms are increasingly used in IP enforcement as they offer faster, cost-effective, and confidential resolution of disputes compared to litigation. Arbitration and mediation are commonly adopted, especially in licensing, technology transfer, and trademark co-existence agreements. The Arbitration and Conciliation Act, 1996, governs arbitration in India, while mediation is encouraged under the Commercial Courts Act, 2015. Globally, institutions like WIPO's Arbitration and Mediation Centre provide specialised forums for IP disputes, including domain name conflicts under the UDRP. Pertinently, ADR mechanisms not only reduce judicial backlog but also preserve business relationships through collaborative resolution. IP in the Digital World:... --- > Comprehensive analysis of Section 138 of the Negotiable Instruments Act covering cheque dishonour, legal procedures, defences, and landmark cases. - Published: 2025-11-13 - Modified: 2025-11-13 - URL: https://www.maheshwariandco.com/blog/section-138-of-negotiable-instruments-act/ - Categories: Banking & Finance - Tags: Cheque Bounce Law, Cheque Dishonour Procedure, Compounding in Cheque Cases, Indian Commercial Law, Legal Remedies for Dishonour, Negotiable Instruments Act 1881, Section 138 NI Act, Section 139 NI Act, Section 142 NI Act, Supreme Court Case Laws Introduction The increasing reliance on cheques as a mode of financial transaction in business and personal dealings necessitated a robust legal framework to ensure accountability and prevent fraud. Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”), introduced through the 1988 amendment, was an important step in addressing the widespread issue of cheque dishonour and the consequent erosion of public confidence in negotiable instruments. Prior to this amendment, dishonour of cheques gave rise only to civil liability, which proved inadequate to deter misuse. Section 138 transformed the dishonour of cheques into a quasi-criminal offence, thereby strengthening the credibility of cheque transactions and enhancing commercial morality. The provision operates with the dual objective of promoting financial discipline and safeguarding the sanctity of commercial relationships. Over the years, the judiciary has played an instrumental role in shaping the legal contours of Section 138 through expansive interpretation and guidance, ensuring that the law remains responsive to the evolving demands of commerce. Explore More: Banking and Finance Law Firm Legal Framework of Section 138 Section 138 lays down the foundation for penal liability in cases of cheque dishonour. The essence of the provision is that when a cheque drawn by a person on an account maintained by him is returned unpaid due to insufficient funds or because the amount exceeds the arrangement with the bank, the drawer shall be deemed to have committed an offence. However, the liability under this section arises only when the cheque has been issued for the discharge of... --- > Explore how Artificial Intelligence drives sustainability, ethical governance, and balanced growth for people, planet, and profit. - Published: 2025-11-11 - Modified: 2025-11-11 - URL: https://www.maheshwariandco.com/blog/artificial-intelligence-and-sustainable-governance/ - Categories: Technology, Media, & Telecommunications - Tags: AI and Sustainability, AI Ethics, AI in Public Policy, Artificial Intelligence, Digital Governance, ESG and Technology, Ethical AI, Future of Governance, People Planet Profit, Sustainable Development Introduction Artificial Intelligence is a revolutionary step towards human conduct, making it one of the most transformative technologies of the century, which makes it a space in the future, fundamentally altering the way humans interact and make decisions in both personal and institutional contexts. From predictive algorithms in healthcare that assist in early disease detection, to automated systems in banking that streamline financial transactions, and even risk-assessment tools used within the criminal justice system, AI applications are redefining efficiency across sectors of critical importance. However, the integration of AI into these sensitive domains does not come without challenges. Along with the promise of speed, accuracy, and scalability, AI raises pressing ethical, legal, and social concerns. Issues such as accountability gaps, where responsibility for AI-driven decisions becomes unclear, and algorithmic biases, which can perpetuate systemic inequalities, highlight the double-edged nature of technological advancement. AI offers unprecedented opportunities by combining speed, accuracy, and adaptability to improve efficiency, strengthen decision-making, and create new possibilities for human progress. As societies continue to integrate AI into essential systems, its role as a catalyst for transformation becomes increasingly undeniable. As AI continues to penetrate deeper into public and private life, it becomes essential to critically examine not only its benefits but also the threats it poses to fairness, transparency, and human rights. Looking at AI through this lens, it becomes clear that while existing approaches offer some valuable insights, they also leave behind important gaps. Issues such as fragmented rules across jurisdictions, the difficulty of assigning... --- > Bombay High Court in Asha Bhosle v Mayc Inc protects celebrity personality rights against AI voice cloning and unauthorized digital exploitation. - Published: 2025-11-10 - Modified: 2025-11-11 - URL: https://www.maheshwariandco.com/blog/asha-bhosle-v-mayc-inc-ai-personality-rights/ - Categories: Intellectual Property - Tags: AI and Law, Artificial Intelligence Law, Asha Bhosle Case, Bombay High Court, Celebrity Rights, Copyright Infringement, Deepfake Regulation, Intellectual Property, Moral Rights, Personality Rights Decided on: September 29, 2025 Coram: Arif S. Doctor, J Citation: 2025 SCC OnLine Bom 3485 Introduction The Bombay High Court has recently delivered a significant judgment concerning celebrity and personality rights. The court has granted an interim injunction in favour of Asha Bhosle, a renowned playback singer. The order injuncts six Defendants from using and commercializing the singer’s image, voice, likeness, and name through artificial intelligence (AI) tools. The order highlights the judicial recognition being given to personality rights in today’s AI-driven era. The order has also warned imitation and AI technologies against unauthorised use and commercialization of one’s personality rights, terming it as clear violation and infringement of one’s personality rights. Explore More: Intellectual Property law firm india Facts of the case Asha Bhosle (“the Plaintiff”) filed a commercial IP suit before the Bombay High Court claiming hazardous technological misappropriation of her identity; and restraining the Defendants from unauthorised and unlicensed commercial exploitation of her personality rights. The Plaintiff bundled her name, images, photographs, caricature voice, manner of singing, vocal style under the personality rights umbrella. The Plaintiff also sought protection of her moral rights, seeking control over the integrity of her performances as it harmed her reputation and image in the industry - leading to financial damage. The suit was filed against six Defendants involved in misappropriating different aspects of her personality – Defendant 1: A website offering a clone of the Plaintiff’s voice. Defendant 2: An AI platform that enables any person to sing a song... --- > Learn how Intellectual Property in Indian Pharma drives innovation, protects patents, and helps legal teams manage IPR effectively. - Published: 2025-11-06 - Modified: 2025-11-07 - URL: https://www.maheshwariandco.com/blog/intellectual-property-in-indian-pharma/ - Categories: Intellectual Property - Tags: compulsory licensing India, in-house legal pharma, Indian pharma IPR, Intellectual Property, IP enforcement pharmaceutical, Patent registration, patents in pharma India, pharma licensing models India, pharma R&D IP strategy, pharma trademark India, pharmaceutical intellectual property, trade secrets pharma industry, trademark registration The pharmaceutical sector in India is a high‑rewarding sector where protection and management of intellectual property rights (“IPR”) is imperative to maintain novelty, profitability and competitiveness in the market – and mitigate risks of infringement and dilution of ones IP. Protection of IPR provides fair incentives to innovations, helps prevent potential IP infringement and enables inventors from defending infringement cases. Specifically in the pharma sector, the process of identifying ones IP, protecting ones IP and commercialising the asset provides exclusive rights to inventors of life-saving drugs to market their products openly, reap profits from their R&D efforts and also prevent others from unauthorized manufacturing or sale of these products. IP protection in the pharmaceutical sector holds significant importance, as it provides commercial advantages and also holds public health considerations. Some key ways in which the Indian pharmaceutical industry can effectively manage its IPRs are outlined below 1. Patent registration It is imperative for pharmaceutical companies to obtain a registration for its novel drug or medical equipment or process. For obtaining a patent, the drug/ equipment/ medical process must be novelty, inventive and have industrial applicability. A patent registration encourages inventors by maintaining exclusivity and reap the benefits of their investments in research and development. Moreover, registration of patent is required for consumer safety since it enables customers to make informed decisions, maintains quality control over infringed drugs, and ensure that the market is clear of fake, infringed drugs and medical equipment/ processes. For successful patent registration, companies should draft patent... --- > Understand SEBI’s 2025 ESG compliance and BRSR Core mandates. Learn key reporting timelines, value chain rules, and disclosure requirements. - Published: 2025-11-05 - Modified: 2025-11-21 - URL: https://www.maheshwariandco.com/blog/esg-compliance-in-india/ - Categories: Regulatory & Compliance - Tags: Business Sustainability, Corporate Governance, ESG Compliance, ESG Compliance India, ESG Disclosure Framework, ESG Regulations, ESG Reporting, Legal Compliance, SEBI BRSR 2025, SEBI Guidelines, Sustainability Reporting India Introduction It is now a mandate in India for listed companies to measure, manage, and report ESG compliance, which has evolved from being a voluntary practice of managing ESG to now having a legally obligatory structured system. In 2025, the Securities and Exchange Board of India (SEBI) elevated ESG mandates by introducing the BRSR Core under the SEBI BRSR 2025 framework. ESG compliance refers to the practice of companies disclosing how they impact the environment, society, and governance in a transparent and accountable way, going beyond just financial performance. With India’s stricter reporting norms, businesses are now required to share standardised and verifiable data on aspects like carbon emissions, workplace diversity, ethical practices, and boardroom accountability. This shift not only enhances data accuracy and builds investor trust but also aligns Indian companies with global sustainability standards, making them more competitive and attractive to international stakeholders. Related: Regulatory and Compliance Law Firms What is ESG COMPLIANCE? As ESG has evolved into a core aspect of corporate responsibility, it serves as a way for companies to openly show their accountability and responsibility. It shows how businesses impact natural resources through factors like carbon emissions, energy efficiency, and waste management, while also reflecting their role in addressing climate change. Beyond the environment, ESG also examines how companies prioritise the welfare of their employees, promote inclusivity, uphold human rights, and actively contribute to building a healthier and more equitable society, and inclusive work environment. The growing investor demand for ethical and sustainable business practices... --- > Understand India’s Digital Personal Data Protection Act 2023 — key provisions, global comparisons, and its impact on data privacy law. - Published: 2025-10-31 - Modified: 2025-10-31 - URL: https://www.maheshwariandco.com/blog/digital-personal-data-protection-act-2023/ - Categories: Technology, Media, & Telecommunications - Tags: Cross-Border Data Transfer, Data Breach Notification, Data Privacy Compliance, Data Protection India, Digital Personal Data Protection Act, DPDP Act 2023, GDPR Comparison, Indian Legal Updates, Personal Data Protection, Privacy Law India, Technology Law India Introduction India’s Digital Personal Data Protection Act, 2023 (herein referred to as “DPDP Act”) represents a landmark reform in data privacy, establishing a comprehensive, technology-aligned framework that balances individuals’ fundamental right to data protection with the needs of legitimate data processing. Enacted on August 11, 2023 but yet to come into effect, it defines “digital personal data” broadly to cover any information about an identifiable person in digital form and applies to all entities processing such data in India, including those located abroad. By asserting extraterritorial jurisdiction, the Act ensures that the digital data of Indian residents remain protected regardless of where it is processed, while excluding purely domestic or personal use to preserve practical exemptions. Related: TMT Law Firm Need for the DPDP Act The DPDP Act, 2023 fills critical gaps present in Information Technology Act, 2000 (herein referred to as “IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (herein referred to as “SPDI Rules”) by providing a comprehensive, sector-agnostic framework for all digital personal data, including extraterritorial processing related to Indian residents. Replacing implied consent with explicit, informed, and revocable consent, it grants data principals rights of access, correction, erasure, grievance redressal, and representation. A new Data Protection Board of India will oversee enforcement and impose substantial penalties, while data fiduciaries must adhere to obligations on minimization, accuracy, security, breach notification, and restricted cross-border transfers. Upon its commencement, Section 43A of the IT Act will be repealed... --- > Understand consumer disputes in India under the Consumer Protection Act, 2019—rights, complaint filing process, limitation, and NCDRC appeals. - Published: 2025-10-29 - Modified: 2025-10-29 - URL: https://www.maheshwariandco.com/blog/navigating-consumer-disputes-in-india/ - Categories: Litigation - Tags: consumer complaint filing, consumer court india, consumer disputes resolution, consumer law india, consumer protection act 2019, consumer redressal forum, consumer rights, deficiency in service, ncdrc appeal, online consumer complaint process As the saying goes- the consumer is king of market, the legislature started developing consumer laws around this phrase. This sovereignty is not merely a commercial slogan but a legally protected right under the Consumer Protection Act, 2019. This landmark legislation was enacted to safeguard consumers against unfair trade practices, defective goods, and deficiencies in services. A "consumer" is defined as any person who buys any goods or avails of any service for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment. It is crucial for every citizen to understand the mechanisms available to them for the redressal of their grievances, ensuring that their rights are not just theoretical but practically enforceable. Consumer disputes occur when there is a disagreement between buyers and sellers or service providers, often involving faulty products, inadequate services, or unfair business practices. With the expansion of markets and consumer options, safeguarding consumer rights has become essential. Laws like the Consumer Protection Act and the establishment of consumer dispute resolution bodies offer consumers practical ways to seek remedies and fair treatment. By gaining insight into the causes and resolution methods of consumer disputes, individuals can better protect their interests and navigate the complaint process with confidence. In an era where consumers interact daily with a vast array of goods and services, disputes are inevitable. From delayed flights to faulty online courses, deficient medical advice, or erroneous bank charges, these issues can cause financial loss,... --- > Delhi High Court rules on the WOW Momo trademark case, clarifying that common or laudatory words like ‘WOW’ can’t be monopolized. - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.maheshwariandco.com/blog/delhi-hc-on-wow-momo-trademark-case/ - Categories: Intellectual Property - Tags: Anti-dissection rule, brand distinctiveness, Delhi High Court judgment, laudatory words, Trademark, trademark exclusivity, Trademark Law India, WOW Momo Delhi Hgh Court reaffirms that common and laudatory words cannot be monopolized Date: October16, 2025 Citation: FAO(OS) (COMM) 143/2025 & CM APPL. 59063/2025 Bench: C. Hari Shankar and Om Prakash Shukla Introduction A suit was filed before the Delhi High Court by Kolkata-based Wow Momo Foods Pvt. Ltd. , owner of popular food brands such as WOW MOMO and WOW DIMSUMS to restrain Hong Kong-based Wow Burger from using the mark “WOW BURGER”, alleging trademark infringement and passing off. The preliminary ground of discussion was whether commonly used exclamatory expressions, such as “WOW” can be afforded exclusivity - especially when used as part of a composite trademark. The Court also engaged extensively with key trademark principles including likelihood of consumer confusion, the anti-dissection rule and acquired distinctiveness of common English words and the extent of protection that can be accorded to a family of marks. Explore More: Intellectual Property law firm india Facts Alleging trademark infringement and passing off, “Wow Momo” (“Appellant”) sought a permanent and interim injunction, restraining Wow Burger from using the trademarks “WOW BURGER” and any other deceptively similar mark. Plaintiff claimed that it had coined and adopted the marks WOW! and WOW! MOMO in 2008. The learned Single Judge rejected the application stating that there is no chance of likelihood of confusion between the rival marks on the following grounds – Appellant does not have any trademark registration for the standalone term “WOW”. Appellant’s registrations for WOW composite marks stand disclaimed – where by exclusivity over... --- > Learn how dynamic injunctions in India protect brands from digital piracy and online IP infringement effectively. - Published: 2025-10-24 - Modified: 2025-10-24 - URL: https://www.maheshwariandco.com/blog/dynamic-injunctions-in-india/ - Categories: Intellectual Property - Tags: anti-piracy measures, Copyright Infringement, cyber law India, Delhi High Court, dynamic injunctions, dynamic-plus injunctions, Intellectual Property Rights, IP protection India, legal remedies digital content, online piracy India In the ever-evolving digital space in India, where online piracy and unauthorized distribution of content have become rampant, traditional legal remedies often fall short in providing timely and effective protection for intellectual property (IP) rights holders. The Indian courts, however, have adopted the concept of dynamic injunctions, a progressive legal tool designed to combat the dynamic nature of online infringement. In this article, we discuss the nuances of dynamic and dynamic-plus injunctions in India, exploring their significance, application, and the strategic steps brands must undertake to secure swift and effective relief. Related: TMT Law Firm Understanding Dynamic Injunctions Dynamic injunctions represent a significant departure from conventional injunctions by extending their scope beyond specific, identified infringing websites. Traditional injunctions typically require rights holders to identify and name each infringing entity individually, a process that can be time-consuming and ineffective against the rapidly changing nature of online piracy. In contrast, dynamic injunctions empower courts to issue orders that automatically extend to new and emerging infringing websites, including mirror sites, redirects, and alphanumeric variations, without the need for repeated court interventions. This approach ensures that rights holders' content remains protected across the digital ecosystem, even as infringers continuously adapt and evolve their methods to evade detection. By granting dynamic injunctions, Indian courts acknowledge the "hydra-headed" nature of online piracy, where blocking one infringing site often leads to the emergence of multiple new ones. The Emergence of Dynamic-Plus Injunctions Building upon the foundation of dynamic injunctions, Indian courts have introduced the concept of dynamic-plus... --- > Offshore subsidiaries must ensure transfer pricing compliance in India through proper documentation, ALP rules, and CBDT regulations. - Published: 2025-10-22 - Modified: 2025-10-22 - URL: https://www.maheshwariandco.com/blog/transfer-pricing-compliance-in-india/ - Categories: Corporate Tax - Tags: arm’s length price, CBDT guidelines, Form 3CEB, income tax act india, offshore subsidiaries, tax compliance india, transfer pricing compliance, transfer pricing documentation For offshore subsidiaries operating in India, transfer pricing compliance is not an optional exercise — it is a statutory requirement under the Income Tax Act, 1961. As multinational groups expand into India through wholly-owned subsidiaries, joint ventures, or other affiliate structures, the transactions between these entities come under strict scrutiny to ensure they reflect an arm’s length price (ALP). The purpose of transfer pricing rules is to prevent profit shifting and ensure that cross-border transactions between related entities are priced fairly, thereby protecting the Indian tax base. The regulations are set out under Section 92 to Section 92F of the Income Tax Act and supplemented by detailed rules and guidelines issued by the Central Board of Direct Taxes (CBDT). For offshore subsidiaries in India, this compliance carries dual significance: it ensures adherence to Indian law, and it safeguards the entity and its foreign parent from adverse tax assessments, penalties, and reputational risks. Explore More: Corporate tax law firm Legal & Regulatory Framework for Transfer Pricing Compliance in India Transfer pricing compliance for offshore subsidiaries in India is primarily governed by the Income Tax Act, 1961, specifically Sections 92 to 92F, along with the Income-tax Rules, 1962 (Chapter X). These rules are designed to ensure that transactions between related parties — including a foreign parent and its Indian subsidiary — are conducted at an arm’s length price (ALP), i. e. , the price that would be charged between independent enterprises under comparable circumstances. Key Legal Provisions Section 92 — Requires every... --- > Explore anticipatory bail in India, its legal scope under CrPC, NDPS, POCSO, and economic offences with key Supreme Court judgments. - Published: 2025-10-21 - Modified: 2025-10-21 - URL: https://www.maheshwariandco.com/blog/anticipatory-bail-in-india/ - Categories: Criminal Law - Tags: anticipatory bail, bail laws, criminal law, CrPC, Economic Offences, Indian judiciary, NDPS Act, POCSO Act, regular bail, Section 438, Supreme Court of India Introduction The doctrine of bail holds a central place in Indian criminal jurisprudence because it represents a constitutional as well as procedural mechanism through which personal liberty is protected in a pending trial, however, the same is subject to conditions stipulated in Criminal Procedure Code, 1973 (“CrPC”). CrPC has equipped the Indian courts with the power to grant anticipatory bail (Section 438) and/or regular bail (Sections 437 and 439) and this power is neither unbounded nor mechanical. In special statutes such as the Protection of Children from Sexual Offences Act, 2012 (“POCSO”), and the Narcotic Drugs & Psychotropic Substances Act, 1985 (“NDPS Act”) as well as in cases of economic crime, courts calibrate this discretion with statute-specific constraints and heightened judicial vigilance. This blog analyses the legal framework of anticipatory and regular bail in the aforesaid four domains. For each domain, we will examine the statutory restrictions, jurisprudential evolution, landmark decisions, and practical principles. The aim of this blog is to equip the legal professionals and legal students with a rigorous, jurisprudentially, grounded understanding of bail in these high-stakes and complex areas. Explore More: Best Criminal Defense Law Firm Economic Offences Statutory framework Economic offences / white-collar crimes such as fraud, embezzlement, company scams, bank defaults are often aggravated by the complexity of conspiracy, multiple actors, and high public stakes. Hence, all these factors have compelled the Hon’ble Supreme Court to recognize the economic offences as “class apart” for justifying a stricter bail regime. Where a special statute, for e.... --- > Understand design protection under the Designs Act, 2000—learn how product aesthetics are safeguarded and why registration builds brand value. - Published: 2025-10-17 - Modified: 2025-10-17 - URL: https://www.maheshwariandco.com/blog/design-protection-under-the-designs-act-2000/ - Categories: Intellectual Property - Tags: Copyright vs design, Design infringement, Design registration India, Designs Act 2000, Industrial design protection, Intellectual Property, IP Law India, Legal protection for designs, Patents vs design registration, Product design rights Introduction As an ordinary customer, what is the most powerful differentiator between two products that significantly influence your choice of purchase? Yes, it's the product’s visual appeal, i. e. , the product’s "look and feel". This look and feel may include a combination of the product's shape, configuration, pattern, ornamentation, or composition of lines and colours. Aesthetic aspects of a product that are unique and innovative are a crucial part of their Intellectual Property ("IP"). The industrial design framework specifically governs the protection of this aesthetic aspect. Given the prime importance that the look and feel of a product holds in shaping a customer’s choice, strategically deploying design protection is bound to add substantial commercial value to the product, and also mitigate the risks of third-party infringement. The key requirement for a feature to be considered as a design is that it must be related to the external appearance of the product and appeal solely by the eye, without carrying any functional or technical characteristics – such as its contours, surface decorations, or visual motifs. Explore More: ip law firm in india The Designs Act, 2000 In India, the Designs Act, 2000 ("Designs Act") offers a robust legal framework to safeguard the aesthetic aspects of products. A "design" is defined as the "features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article—whether two-dimensional or three-dimensional—by any industrial process or means. " The object of the Designs Act is to protect new or original designs... --- > Step-by-step process to set up an offshore subsidiary in India, comply with FDI norms, and register a foreign company under Indian law. - Published: 2025-10-16 - Modified: 2025-10-16 - URL: https://www.maheshwariandco.com/blog/offshore-subsidiary-in-india/ - Categories: Setting Up Business - Tags: business expansion in India, Company incorporation India, DPIIT guidelines, FDI policy, FDI policy India, FEMA compliance, foreign company registration, Foreign Direct Investment, Foreign Exchange Management, Indian corporate law, offshore subsidiary in India, RBI regulations, wholly owned subsidiary An offshore subsidiary setup in India, what investors commonly call “setting up an offshore presence” in India is in fact incorporating an Indian subsidiary (or creating a branch/liaison/project office). For a foreign business looking to expand into India, the most common route is to establish a subsidiary company under Indian law. In business conversations this is sometimes loosely referred to as an “offshore subsidiary in India. ” Legally, what you are creating is a company incorporated in India, registered under the Companies Act, 2013, and treated as a domestic entity, even though its shareholding is controlled by a foreign parent. Explore More: Energy and Infrastructure Law Firm Why does this matter? Because from day one, such a subsidiary is governed by Indian corporate law, Indian tax law, and India’s Foreign Direct Investment (FDI) policy. Unlike a branch or liaison office, a subsidiary gives the foreign parent a full commercial footprint: the ability to hire employees, acquire property, enter contracts, and repatriate profits, subject to regulatory compliance. Foreign investors often ask two key questions right at the start: “Can a foreign company set up offshore subsidiary in India? ” “What are FDI norms for offshore subsidiaries? ” The answer is yes! A foreign company can establish a wholly-owned subsidiary (WOS) or joint venture (JV) in India, provided it complies with the Department for Promotion of Industry and Internal Trade (DPIIT) FDI policy and the Foreign Exchange Management Act (FEMA) regulations. However, the structure, permissible activities, and compliance requirements depend on the... --- > Explore the Promotion and Regulation of Online Gaming Rules 2025 — India's new gaming law reshaping the digital gaming industry. - Published: 2025-10-14 - Modified: 2025-10-14 - URL: https://www.maheshwariandco.com/blog/online-gaming-rules-2025-key-highlights-impact/ - Categories: Sports - Tags: Digital Gaming Policy, Esports Regulation, Gaming Industry News, Gaming Law India, Online Gaming Act 2025, Online Gaming Authority, Online Gaming Regulation, Online Gaming Rules, Online Gaming Rules 2025, Real Money Gaming Ban, Technology Law 1. Introduction & Background India's digital gaming landscape has undergone a transformative shift with the enactment of the Promotion and Regulation of Online Gaming Act, 2025 (PROG Act) in August 2025. This landmark legislation, complemented by the Draft Promotion and Regulation of Online Gaming Rules, 2025, represents the government's decisive response to address the complex challenges surrounding online gaming while fostering legitimate sectors of the industry. The Indian online gaming sector had emerged as a significant economic force, with over 488 million gamers making India the world's second-largest gaming market after China . The industry was valued at approximately ₹35,000 crore in 2024, with real-money gaming (RMG) contributing 85-86% of total revenue. However, this rapid growth came with substantial challenges including gaming addiction, financial losses, money laundering concerns, and potential threats to national security. The regulatory vacuum that previously existed in India's online gaming space created fragmented state-level approaches and legal ambiguity. The PROG Act was introduced to establish a uniform national framework that could effectively distinguish between legitimate gaming activities and harmful money-based games. 3 According to government estimates, nearly 450 million Indians were adversely affected by money-based games, with cumulative losses estimated at around ₹20,000 crore. The legislation emerged from pressing concerns about public health and safety, with reports of 47 suicides linked to gaming addiction in Tamil Nadu alone over five years. Additionally, investigations revealed that some gaming platforms were being used for terror financing, money laundering, and illegal messaging, effectively compromising national security. Explore More: Sports... --- > Recent court rulings clarify RERA refund and possession rights for homebuyers. Learn key takeaways from Supreme Court and RERA decisions. - Published: 2025-10-13 - Modified: 2025-10-13 - URL: https://www.maheshwariandco.com/blog/rera-refund-and-possession-cases/ - Categories: Real Estate - Tags: Builder Delay Compensation, Homebuyer Rights, Karnataka RERA, Property Law Updates, Real Estate Law India, RERA Act 2016, RERA refund and possession cases, RERA Section 18, Supreme Court Judgments 2025 Introduction: The Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as RERA) was promulgated to protect homebuyers from the abuses of the real estate developers and ensure particular and timely delivery of possession. Section 18 of the RERA Act states that when a builder fails within the period stipulated in the agreement to complete the project or to give possession, the homebuyer shall have an unqualified right to claim possession with interest or to withdraw from the project with full refund along with interest. Even after these clear provisions of law, disputes are still raised over delayed possession, refund timelines, and, in some instances, the scope of the builder's liability. Recently, some landmark judgments have given a new clarity on these issues, balancing the rights of homebuyers with respect to the contractual stipulations between the parties. Related: Homebuyers’ Right To RERA: Overriding Arbitration Clauses In Real Estate Disputes This blog examines two of the most recent decisions which illustrate the manner in which the judicial forums are sculpting the legal landscape on refund and delay disputes. The first being the Hon’ble Supreme Court judgment, GMADA vs. Anupam Garg, in which the scope of refund and liabilities has been clarified; the second being the Karnataka RERA order, Abhishek Reddy Gujjala vs. Ozone Urbana Infra Developers, in which the Authority exercised its power to shield homebuyers from gross project delay. Legal Framework of RERA: RERA empowers the homebuyer through clear rights and remedies. Under Section 18(1), whenever the promoter fails... --- > Explore challenges and strategies for effective cross-border trademark enforcement and protection for MNCs in India. - Published: 2025-10-08 - Modified: 2025-10-08 - URL: https://www.maheshwariandco.com/blog/cross-border-trademark-enforcement/ - Categories: Intellectual Property - Tags: counterfeit goods, cross-border trademark enforcement, global brand protection, Intellectual Property Rights, international IP law, IP law, IP protection India, Madrid Protocol, MNC trademark strategy, online infringement, trademark infringement, Trdemark Introduction India presents significant growth opportunities for Multinational Companies (“MNCs”) - given the large population and thriving e-commerce system supported by widespread internet penetration. Pertinently, trademarks, encompassing brand names, logos, trade dress, slogans are the most important assets for MNCs. Trademarks serve as the foundation for MNCs to monetise their business, innovation and creativity. Consequently, trademarks demand the highest level of protection to safeguard the MNC’s brand value and prevent infringement. Explore More: Best Corporate Law Firm in India However, notwithstanding the several benefits that India has to offer to MNCs, the country also faces complex legal and administrative hurdles in the enforcement and protection of an MNC’s IP assets, primarily due to the territorial nature of trademark laws - that limits cross border enforcement protection. From counterfeit luxury bags in Mumbai to unauthorised online listings in Singapore, MNCs in India face a constant struggle in protecting their trademarks across the world. This article examines the challenges faced by MNCs in India while enforcing their trademark rights internationally, and lays down strategic approaches for MNCs to adopt, to better safeguard their trademark rights. Cross - border Infringement of Trademarks Under the Trade Marks Act, 1999 (“The Act”), trademark infringement occurs when a person, who is neither the registered proprietor nor a permitted user, uses a mark that is identical or deceptively similar to a registered trademark, in relation to identical or similar goods or services covered by the registration – and such use results in a likelihood of confusion among... --- > SEZ exit procedure, compliance rules, and steps to avoid penalties when closing or downsizing SEZ and STPI units in India. - Published: 2025-10-06 - Modified: 2025-10-06 - URL: https://www.maheshwariandco.com/blog/sez-exit-procedure-compliance-guide/ - Categories: Regulatory & Compliance - Tags: compliance audit, de-bonding assets, Domestic Tariff Area, export obligations, Foreign Trade Policy, SEZ closure India, SEZ compliance checklist, SEZ de-notification process, SEZ exit procedure, SEZ law India, Software Technology Parks of India, Special Economic Zones, STPI exit process, STPI surrender guide Special Economic Zones (SEZs) and Software Technology Parks of India (STPI) units have long been attractive structures for IT and export-oriented businesses in India. They offer tax incentives, duty-free imports, and regulatory relaxations. But these advantages come with a corresponding web of obligations, ranging from export performance to asset tracking and repatriation of benefits. When businesses downsize or shut down operations in SEZs or STPIs, they often underestimate the complexity of compliance. A misstep, like writing off assets without Development Commissioner approval or failing to repatriate duty benefits, can trigger penalties, interest, and even bar future approvals. Downsizing, therefore, is a carefully choreographed legal process. Related: Corporate Law Firms In Delhi NCR Understanding the Legal Framework Governing SEZ and STPI Exits The legal framework of SEZ and STPI units during downsizing or closure is not identical, though they share common principles. Both frameworks are designed around the premise that incentives are conditional and are granted only so long as the unit meets its export obligations. They follow the prescribed processes for entry and exit. SEZ Units The SEZ regime is governed primarily by the Special Economic Zones Act, 2005 and the SEZ Rules, 2006. Exit from an SEZ requires approval from the Development Commissioner and, in certain cases, the Board of Approval (BoA). The law mandates: Clearance of customs duties and taxes foregone on imported or domestically procured capital goods, unless valid exemptions apply. Compliance with the “positive Net Foreign Exchange (NFE)” requirement up to the date of exit. Submission... --- > Rights of employees under Section 25FF business transfer India — continuity or compensation in mergers, sales, restructurings. - Published: 2025-10-03 - Modified: 2025-10-03 - URL: https://www.maheshwariandco.com/blog/section-25ffbusiness-transfers-employee-rights/ - Categories: Labour & Employment - Tags: business transfer, continuity of service, Employee Rights, India labour law, Industrial Disputes Act, merger & acquisition, retrenchment compensation, Section 25FF, slump sale, transfer of undertaking Business transfers in India, whether by way of sale, slump sale, merger, or restructuring, raises a pressing question: What happens to the employees during a Business Transfer? While shareholders and creditors are protected under corporate and contract laws, it is the Industrial Disputes Act, 1947 that steps in to safeguard workmen during a transfer of ownership or management of an undertaking. The governing provision, Section 25FF, ensures that employees are not reduced to collateral damage in corporate reorganisations. It requires that when an undertaking changes hands, employees must either: be offered continuity of service on “no less favourable terms”, or receive statutory compensation as if retrenched. Explore More: Corporate Lawyers in India Understanding Section 25FF Section 25FF of the Industrial Disputes Act, 1947, specifically governs the rights of workmen when the ownership or management of an undertaking is transferred. The provision applies whether the Business transfer occurs by sale, lease, gift, amalgamation, or any other legal mode. Its central objective is to protect employees from sudden job loss or adverse changes in service conditions due to a corporate transaction. The provision operates on two clear principles: 1. Continuity of Service – “No Less Favourable Terms” If the new employer takes over the employees: without interrupting their service, and on terms and conditions that are not less favourable than those under the previous employer, then employees have no statutory right to retrenchment compensation. Their employment continues as if nothing changed, except for the identity of the employer. 2. Compensation for Deemed... --- > Understand your rights, legal steps, and strategies when facing an Enforcement Directorate nvestigation in India. - Published: 2025-10-01 - Modified: 2025-10-01 - URL: https://www.maheshwariandco.com/blog/enforcement-directorate-investigation-in-india/ - Categories: Regulatory & Compliance - Tags: Asset attachment law India, Corporate Compliance India, ED investigation in India, ED summons process, Enforcement Directorate, Financial crime investigation, Legal rights during ED probe, Money laundering cases India, PMLA and FEMA compliance, White-collar crime India Being under the lens of the Enforcement Directorate (ED) can be a deeply unsettling experience for individuals and corporations alike. The ED is India’s premier financial crime investigation agency, tasked with enforcing the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA). It investigates and prosecutes offences related to money laundering, foreign exchange violations, and economic crimes with cross-border elements. If you or your company is being investigated by the ED, it is critical to understand the legal process, your rights, and the potential consequences. This article provides a practical and legal guide to facing an ED investigation in India. Explore More: Enforcement Directorate Lawyer in India Understanding the Role of the ED The Enforcement Directorate operates under the administrative control of the Department of Revenue, Ministry of Finance, and investigates two primary categories of offences: Money laundering cases under the PMLA Violations of foreign exchange laws under FEMA Unlike routine police investigations, ED cases often involve: High-value financial transactions Cross-border remittances or assets Shell companies and benami properties Politically exposed persons or high-profile entities Cases are typically referred to the ED based on: FIRs registered by central/state agencies such as the CBI or police Reports from the Income Tax Department or SEBI Complaints from banks or intelligence wings Once a case is registered, the ED initiates proceedings under the PMLA, which allows for arrest, seizure, and confiscation of properties derived from “proceeds of crime. ” What Triggers an ED Investigation? Several factors may... --- > Explore IP enforcement in India—trademark, copyright & patent remedies, civil & criminal tools, and strategies to protect your rights. - Published: 2025-09-29 - Modified: 2025-09-29 - URL: https://www.maheshwariandco.com/blog/ip-enforcement-india-trademark-copyright-patent/ - Categories: Intellectual Property - Tags: ADR in IP, Anton Piller order, Civil IP action, Copyright India, Criminal IP penalties, Customs & IP, Domain blocking, India IPR, IP Enforcement, John Doe orders, Legal remedies IP, Patent Enforcement, Trademark Law India Introduction - Key Objections of IPR Enforcement Intellectual Property Rights (IPRs), including trademarks, copyrights and patents, are the backbone of innovation and the most significant asset created by a business. This asset needs constant protection and strategy to maintain its uniqueness and exclusivity. Several international instruments, including the TRIPS Agreement, Paris Convention and the Berne Convention, provide a strict IP protection and enforcement framework. However, the true test lies in the domestic implementation and a country’s judicial efficiency towards upholding its IPR and penalising third parties' unauthorised use of its intellectual property. In India, IP enforcement has transformed into a system that balances private rights and public interest. From traditional civil remedies to modern and innovative judicial tools, including injunctions, John Doe orders, seeking damages and account of profits, domain name and online piracy blocking mechanisms, the judiciary plays a pivotal role in developing remedies for protecting and enforcing IP rights. Primarily, IPR protection and enforcement strategies aim at the following: Safeguarding the rights of IP creators and owners by deterring third-party misuse of one’s IP via infringement, counterfeiting, piracy and passing off. Preserving the integrity of the market offerings to avoid consumer confusion, thereby upholding public interest. Protecting and promoting innovation and creativity. Ensuring originality. Promoting research and development. Promoting economic growth. Explore More: Patent Attorneys in India IPR Enforcement Mechanisms 1. Civil Remedies: These remedies are relatively swift and effective methods of protecting one's IP. Civil remedies are the backbone of IP protection and enforcement, the most popular... --- > Step-by-step guide for Trademark Registration India — how to file, examine, publish & register your brand in India. - Published: 2025-09-25 - Modified: 2025-09-25 - URL: https://www.maheshwariandco.com/blog/trademark-registration-india-guide/ - Categories: Intellectual Property - Tags: Brand Protection, small business legal, Trademark, trademark objections, trademark process, trademark registration, trademark registration India, trademark renewal, trademark search India Introduction For small businesses, their brand name and/or logo is the most valuable asset. After all, it’s what customers remember you by. Therefore, building a strong brand identity is crucial — and trademark registration is one of the most effective ways to protect it. Yet, many entrepreneurs overlook trademark registration, leaving their brand identity vulnerable. The good news? Registering a trademark in India isn’t rocket science — though it sometimes feels like it. Explore More: Intellectual Property law firm india Step-by-Step Process for Trademark Registration for Small Businesses Choose your trademark wisely Think distinctive — not descriptive. Your trademark should stand out, not just describe what you do. For example, “Super Tasty Cakes” tells people what you sell, but it doesn’t make your brand memorable. Instead, aim for something original and creative — like how Kodak, Google or Pepsi don’t directly describe food or shopping, yet everyone remembers them. Conduct a search Before filing, run a search on the Indian Trade Marks Registry website to check if your chosen trademark is already taken. Your trademark attorney may also conduct a search through internet search portals, that may disclose, as much as is possible, other parties using the same or close variants of the trademark you propose to adopt. File the application You can file your application online through the Registry’s online portal, or physically at the Trade Marks Registry (“Registry”). India has five offices — in Delhi, Mumbai, Chennai, Kolkata, and Ahmedabad — each handling applications based on territorial jurisdiction.... --- > Content licensing in India covers copyright clauses, DPDP compliance, and takedown SOPs in media contracts. - Published: 2025-09-23 - Modified: 2025-09-24 - URL: https://www.maheshwariandco.com/blog/content-licensing-in-india/ - Categories: BUSINESS LAW - Tags: content licensing, digital rights management, DPDP Act 2023, India copyright, Intellectual Property India, media contracts, OTT platforms India, piracy protection India, SLAs in licensing, takedown SOPs Content licensing in India has become far more intricate than a decade ago. With the explosive growth of OTT platforms, streaming services, and digital publishing, licensing agreements are no longer just about rights to broadcast or distribute. They now have to grapple with layered issues such as copyright ownership, data privacy obligations under the Digital Personal Data Protection Act (DPDP), 2023, and structured takedown service-level agreements (SLAs) to address piracy and illegal uploads. For US content companies partnering with Indian platforms, the challenge is twofold: ensuring strong copyright clauses that protect creative assets, and aligning licensing contracts with India’s evolving regulatory landscape. DPDP compliance in media contracts and India-specific takedown SOPs are no longer optional—they are becoming contractual standards. Explore More: IP law firm Copyright Clauses in Indian Content Licensing Agreements At the core of any content licensing deal in India lies copyright. The Indian Copyright Act, 1957, recognizes that the creator or rights holder retains ownership unless there is a clear assignment or license. This means that contracts must be drafted with precision, especially when foreign studios or distributors engage with Indian platforms. Typical clauses address the scope of rights—whether the license is exclusive or non-exclusive, limited to a specific territory (India, South Asia, or worldwide), and restricted to certain media formats such as streaming, theatrical, or broadcast. Clear articulation of duration is equally critical, as Indian courts strictly interpret time-bound assignments. Another crucial aspect is royalties and revenue sharing. Indian law requires that authors of literary and musical... --- > Explore how white collar crime in the digital age is evolving in India. Learn about prosecution trends, defense strategies, and legal reforms. - Published: 2025-09-19 - Modified: 2025-09-19 - URL: https://www.maheshwariandco.com/blog/white-collar-crime-in-the-digital-age-india/ - Categories: Criminal Law - Tags: Bharatiya Nyaya Sanhita, Business Email Compromise, Cryptocurrency Fraud, Cybercrime in India, Data Breaches India, Defense Strategies, Digital Forensics, Indian Cyber Laws, Prosecution Trends, White Collar Crime The arrival of the digital era has radically transformed the scene of white-collar crime. Gone are the days of paper documents and physical exchanges; such financially driven, non-violent crimes now use the scale and anonymity of cyberspace, presenting a challenge unlike any other to law enforcement, regulators, and judges. The sophistication and volume of crimes committed through digital technology are on the rise in India, a nation moving rapidly through the digitalization process, necessitating an evolving dynamic of how both the prosecution and the defense respond. The Changing Face Of Digital White Collar Crime In India There are many categories of digital white-collar crime in India and they range from complex financial frauds, such as insider trading, to data breaches and cryptocurrency money laundering. The acceleration of digitalization of infrastructure, such as e-commerce, online payments, and cloud has led to a rapidly changing security posture. Key trends observed include: Business Email Compromise (BEC) with Phishing This continues to be an issue as more sophisticated tools such as WormGPT, which is AI-driven software, allow criminals to create much more convincing emails and increase the success of targeted attacks substantially. BEC, which can hijack the chain of corporate emails to redirect payments, has substantially increased as noted in the many cybersecurity threat analyses. Cryptocurrency-based Frauds and Money Laundering The decentralized and pseudo-anonymous nature of cryptocurrencies brings huge obstacles to tracing illicit money. A blockchain analysis suggested that exorbitant amounts are being laundered through unregulated Over-the-Counter (OTC) brokers. The Enforcement Directorate (ED) is... --- > Customs IPR Recordation in India: how it works, its limits, and why patents are excluded. A practical guide for businesses protecting IP at the border. - Published: 2025-09-18 - Modified: 2025-09-19 - URL: https://www.maheshwariandco.com/blog/customs-ipr-recordation-in-india-explained/ - Categories: Intellectual Property - Tags: copyright customs India, Copyrights, counterfeit goods India, customs IPR recordation, design protection India, geographical indications India, intellectual property rights India, IPR border enforcement India, IPR Recordation, patents and customs India, trademark customs enforcement India’s customs framework gives intellectual property owners a powerful tool to prevent counterfeit or pirated goods from entering the market. Through the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, rights holders can record their trademarks, copyrights, designs, and geographical indications with Customs. Once recorded, officers have the authority to suspend the clearance of suspected infringing consignments at the border. But this system is not without its limits. Patents, for example, are deliberately excluded from customs recordation in India. This exclusion has practical and legal consequences, particularly in industries where patent infringement through imports is a concern. Understanding what can, and cannot, be stopped at the border is critical for businesses that rely on intellectual property protection to safeguard their market share. Customs IPR Recordation in India The starting point is Section 11 of the Customs Act, 1962, which empowers the Central Government to prohibit import or export of goods that infringe intellectual property rights. This statutory power is operationalized through the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (often referred to as the IPR Rules 2007). These rules allow an intellectual property owner—be it of a registered trademark, copyright, design, or geographical indication—to approach the Customs authorities and request recordation of their rights. Once accepted, the recordation is valid for five years or until the expiry of the underlying IP right, whichever is earlier. When goods suspected of infringement arrive at the border, Customs officers may suspend clearance. The importer is then notified, and the rights holder has... --- > Discover how blockchain secures IP rights in India, from copyright to patents, with legal recognition, smart contracts, and anti-counterfeit protection. - Published: 2025-09-17 - Modified: 2025-09-17 - URL: https://www.maheshwariandco.com/blog/blockchain-ip-rights-in-india/ - Categories: Intellectual Property - Tags: Anti-Counterfeit Blockchain, Blockchain and Copyright, Blockchain and Trademark, Blockchain Evidence in Courts, Blockchain in India, Blockchain Legal Framework India, Intellectual Property Protection, IP Law India, IP Rights, IP Rights in India, Smart Contracts India Indian contract lawIndia’s IP owners can use blockchain to prove first creation and use, automate licensing, and track counterfeit risk across supply chains—without replacing statutory registers. The legal rails already exist: electronic records and e-signatures have statutory recognition, contracts concluded electronically are valid, and electronic evidence is admissible subject to certificate requirements. That is the foundation on which a blockchain-enabled IP stack can stand. Explore More: Litigation Law Firm in India Key takeaways for rights-holders Proof, not title. A blockchain timestamp or hash is strong, contemporaneous evidence of authorship, use, or trade-secret access, but it does not substitute the official IP registers; it complements them. India’s Copyright Office itself treats registration as optional, not mandatory—useful to know when choosing between “register now” and “evidence now. ”  Admissibility path exists. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records are admissible; plan early for the Section 63 certificate (successor to the old Evidence Act 65B regime) when you intend to rely on on-chain records in court.   Contracts can run on-chain. Indian law recognises contracts formed through electronic means, so smart-contract-based licences are conceptually enforceable—provided you meet Contract Act basics, e-signature norms, stamping, tax and forum clauses.   Policy winds are favourable. MeitY’s national blockchain strategy and recent government stack initiatives signal sustained public-sector interest in trustworthy ledgers—useful when you need to justify pilots or integrations.   Mind the frictions. Stamping rules still apply to digital instruments; several states support e-stamping, but workflows must be designed to evidence duty payment alongside on-chain... --- > Defend against contract performance disputes in India—fight LD, wrongful termination, and risk purchase claims with strong evidence and strategy. - Published: 2025-09-16 - Modified: 2025-09-16 - URL: https://www.maheshwariandco.com/blog/contract-performance-disputes-in-india/ - Categories: Contracts - Tags: Arbitration India, Construction disputes India, Contract performance disputes, Contractor claims, EOT and escalation claims, Indian contract law, Liquidated damages, Risk purchase claims, tender litigation, Wrongful termination Public and private sector contracts in India often end up in disputes not because contractors underperform, but because projects are delayed, disrupted, or changed mid-stream in ways no party anticipated. Contractors are then penalised with liquidated damages (LD), threatened with wrongful termination, or saddled with inflated “risk-purchase” claims when the employer re-awards unfinished work. These disputes fall squarely within the arena of tender litigation in India, and contractors who do not contest such actions often lose not just margins but reputation and future opportunities. The Indian tender litigation process recognises the need for balance between employer rights and contractor defences. Wrongful termination of a government contract, excessive liquidated damages, or exaggerated risk purchase claims can all be challenged before arbitral tribunals or courts. For contractors, the key is to frame a claims suite—extension of time (EOT), price escalation, disruption costs—and to marshal hard evidence like CPM schedules, site diaries, and correspondence. Explore More: Arbitration Law Firm in India Claim Heads That Win In Indian contract disputes, the contractor’s survival often depends on how well claims are framed. A defence that only reacts to LD or termination notices is not enough; tribunals expect contractors to establish affirmative claims. The strongest heads typically include: Extension of Time (EOT) Claims When delays are attributable to the employer—late site handover, delayed drawings, approvals, or change orders—the contractor is entitled to time extensions. This defence not only negates liquidated damages but also preserves contractual rights against wrongful termination. Courts in India have consistently held that... --- > Learn how Indian businesses can use the Madrid System for international trademark registration to expand and protect brands worldwide. - Published: 2025-09-15 - Modified: 2025-09-15 - URL: https://www.maheshwariandco.com/blog/madrid-system-for-international-trademark-registration/ - Categories: Intellectual Property - Tags: Brand protection India, Global brand expansion, Intellectual Property India, International trademark filing, International trademarks, Madrid Protocol India, Madrid System, Madrid trademark application, Trademark protection worldwide, Trademark registration process, WIPO trademarks Introduction – Need to protect brands internationally India, a democratic republic with the world's largest population, is home to innumerable flourishing start-ups and rapidly growing home-grown businesses. These businesses often start from someone's home office, but can reach international markets, attract international clients and achieve global recognition quickly. In fact, approaching the European and American markets is the most lucrative way of global expansion for Indian businesses since these countries offer a vast consumer base and visibility to foreigners and non-resident Indians residing in these countries. In such a case, an entrepreneur often worries about protecting their brand in multiple countries without contacting a frenzy of lawyers, tracking complicated registration processes, and paying hefty fees worldwide. A sure-shot measure to resolve this issue, in most cases, is the Madrid System. The Madrid System is a convenient solution for registering and managing trademarks worldwide. Under the Madrid System, an applicant may file a single international trademark application and pay a single set of fees to apply for protection in any of the 131 countries covered. As a centralised system, the Madrid system may be used by businesses to modify, renew, and enlarge their global trademark portfolio. India joined the Madrid System for the international registration of trademarks on July 8, 2013, as the 14th G-20 country to accede to the Madrid Protocol. Explore More: ip law firm in india The Madrid System The Madrid System, administered by the World Intellectual Property Organisation (WIPO) in Geneva, provides a centralised route for international... --- > MSMEs and start-ups in India can challenge denial of tender relaxations through legal remedies and the tender litigation process. - Published: 2025-09-12 - Modified: 2025-09-12 - URL: https://www.maheshwariandco.com/blog/msmes-and-start-ups-in-india/ - Categories: Litigation - Tags: government tenders, MSME policies, MSMEs and start-ups, procurement law India, public procurement, Start-up India scheme, tender disputes, tender litigation Government tenders are a lifeline for many Micro, Small and Medium Enterprises (MSMEs) and start-ups in India. Recognising their role in innovation and employment, Indian procurement law—through the Public Procurement Policy for MSEs (2012) and subsequent circulars—grants specific relaxations. These include exemptions from earnest money deposits (EMD), relaxation in turnover and prior experience criteria, and mandatory allocation of a percentage of procurement to MSMEs. However, in practice, many MSMEs and start-ups face arbitrary denial of these relaxations by tendering authorities. This denial often forces smaller enterprises to compete on unequal terms against large corporates, defeating the very policy objective of supporting emerging businesses. When such exclusions occur, the only effective recourse is to invoke the tender litigation process in India. Explore More: Arbitration Law Firm in India Legal Framework for MSME & Start-up Relaxations in Tenders The starting point for understanding MSME and start-up relaxations is the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012, issued under the MSMED Act, 2006. This policy mandates that all central ministries, departments, and public sector undertakings procure at least 25% of their annual requirements from registered MSMEs. Out of this, 4% is earmarked for SC/ST entrepreneurs and 3% for women-owned enterprises. Beyond the procurement share, the policy provides specific relaxations: Exemption from Earnest Money Deposit (EMD): Registered MSMEs are not required to furnish bid security. Relaxation in Prior Turnover and Experience Criteria: Start-ups and MSMEs can bid even if they lack the financial turnover or work experience otherwise required. Preference... --- > Explore AI and Environment Law, its impact on energy, water, emissions, and India’s legal framework for sustainable technology use. - Published: 2025-09-11 - Modified: 2025-09-11 - URL: https://www.maheshwariandco.com/blog/ai-and-environment-law/ - Categories: Regulatory & Compliance - Tags: AI & Environment, AI Regulation, Carbon Footprint, Climate Change, E-waste, Energy Consumption, Environmental Law, India AI Policy, Sustainability, Water Use Introduction Unchecked and rapid development projects worldwide are frequently undertaken without adequate regard for environmental consequences, resulting in severe ecological degradation, loss of biodiversity, pollution, and increased vulnerability to climate change. This rampant infrastructure expansion presents complex challenges for policymakers as they attempt to balance the imperatives of economic growth with environmental sustainability. Globally, the imperative to build resilient and sustainable infrastructure has been widely recognized, yet many projects proceed with insufficient environmental safeguards. The latest development that has rapidly made its space in all our lives is the advent of Artificial Intelligence. In 2025, the answers to all our questions are one prompt away, lives have been made significantly easier. However, as easy as it may seem to push prompts and resolve all our problems in a click, we might just be neglecting a greater problem ahead of us with the arrival of artificial intelligence. Behind this wave of digital innovation lies a rapidly growing environmental footprint. AI systems can consume the equivalent energy of 120 homes per year, data centers gulp down 1. 7 billion gallons of water annually, and have carbon footprints to rival entire countries. AI systems consume enormous quantities of energy and water, drive resource-intensive hardware demand, and create waste, raising new questions for lawmakers, companies, and consumers. In 2025, as technologies emerge even more evolved, understanding and minimizing AI’s environmental impact has become an urgent global priority. Related: Regulatory and Compliance Law Firms Development of AI and Its Environmental Impact Massive Energy Consumption Despite... --- > Break down NBFC CIC classification issue: how RBI definitions and SPV structures cause compliance ambiguity—what firms need to know. - Published: 2025-09-08 - Modified: 2025-09-08 - URL: https://www.maheshwariandco.com/blog/nbfc-cic-classification-issue/ - Categories: Banking & Finance - Tags: CIC compliance, Core Investment Company, Infrastructure finance, NBFC classification, Principal business test, RBI regulation, Regulatory risk mitigation, SPV & NBFC Introduction Non-Banking Financial Companies (NBFCs) and Core Investment Companies (CICs) have an integral position in the financial system of India, especially in bridging the credit gap in underserved and unbanked areas for the development of the country as a whole. During the initial days NBFC’s were fragmented and informally governed, but now they have evolved from that and have become well regulated institutions that have been adopting best practices in governance, risk management, and innovation. This has happened because their role in the financing infrastructure, road transport, and other critical sectors has been acknowledged by policymakers and expert committees. Explore More: Banking and Finance Law Firm What is an NBFC? A Non-Banking Financial Company is a company that is incorporated under the Companies Act, which is primarily engaged in lending, investing in shares, investing in bonds, or any other kind of securities. Their principal business is not agriculture, industrial production, trading in goods or any kind of real estate development, etc. In order to identify whether a company is NBFC or not, RBI applies the ‘50-50 Principal Business Test which means that: (a) The financial assets constitute more than 50% of the total assets of the company and (b) Income from such financial assets constitutes more than 50% of the gross income then the company is deemed to be engaged in the financial activity as its prime business. They are classified as NBFCs and are required to be registered with RBI. There are multiple requirements and regulations of NBFCs such... --- > Learn how to choose and protect a business name in India. Understand trademark strength, registration, and enforcement to build a strong brand. - Published: 2025-09-08 - Modified: 2025-09-08 - URL: https://www.maheshwariandco.com/blog/protect-a-business-name-in-india/ - Categories: Intellectual Property - Tags: business name legal protection India, coined and arbitrary trademarks, descriptive trademarks in India, laudatory and generic trademarks, protect brand identity Indi, Protecting a Business Name in India, Trade Marks Act 1999, Trademark, Trademark Enforcement, trademark enforcement in India, trademark law in India, trademark registration, trademark registration in India, trademark search India, trademark strength explained, types of trademarks in India Introduction – What is a trademark? Choosing a business name is often the most exciting (and agonising) part of starting a venture. Entrepreneurs brainstorm names over coffee, scribble on napkins, consult friends, and sometimes even turn to astrology. Yet, amid all the creative chaos, one crucial question often gets ignored: “Can I protect this name? ” A business name is more than just a label. It represents goodwill, customer trust, and, if things go well, serious brand equity. In India, the Trade Marks Act, 1999 governs how businesses can legally protect their names. But the Act is not just a lawyer’s playground—it provides a very practical framework that helps businesses avoid messy disputes and costly rebranding exercises. This article explains how to choose and protect a business name in India, with a focus on the strength of trademarks. We will discuss coined, distinctive, descriptive, laudatory, and generic marks, and illustrate why some names thrive while others flounder. Along the way, we will use real-world examples and a sprinkle of humour to make the law feel a little less intimidating. Explore More: Intellectual Property law firm Why Trademark Strength Matters? The “strength” of a trademark is one of the most decisive factors in determining its registrability, enforceability, and long-term value. A weak trademark may slip through registration, but enforcing it against imitators is like bringing a butter knife to a sword fight. On the other hand, a strong trademark can become a fortress, deterring competitors and building lasting brand identity. Lawyers... --- > Explore how Generative AI and Copyright Law in India intersect, covering fair dealing, training data, and legal risks for businesses and creators. - Published: 2025-09-05 - Modified: 2025-09-05 - URL: https://www.maheshwariandco.com/blog/ai-and-copyright-law-in-india/ - Categories: Intellectual Property - Tags: AI Legal Issues, Artificial Intelligence Regulation, copyright law India, Fair Dealing, Fair dealing and AI India, generative AI, Indian Copyright Act, Intellectual Property Rights, Text and Data Mining, Training Data Copyright Generative artificial intelligence has opened new frontiers in creativity, law, and commerce. From drafting text to producing artwork, these systems depend on massive volumes of pre-existing material. That raises a pressing question: when AI learns from books, music, or images created by others, what does Indian copyright law say about it? The debate is not just academic. It cuts to the core of whether using copyrighted works for machine training is permissible, whether such use falls under fair dealing, and what safeguards companies should put in place before deploying AI models. The framework around AI copyright in India remains unsettled. Unlike some jurisdictions that have explicitly carved out exceptions for text and data mining, India continues to operate within the traditional boundaries of its Copyright Act, 1957. This makes the treatment of training data copyright in India a legal grey zone, where businesses, creators, and policymakers are all searching for clarity. Explore More: IP law firm in india Fair Dealing and AI Training under Indian Copyright Law At the heart of the debate lies the doctrine of fair dealing. Indian copyright law, unlike the more flexible “fair use” standard in the United States, provides a closed list of exceptions where copyrighted works may be used without permission. These include private or personal use, criticism, review, reporting of current events, judicial proceedings, and a few educational and research purposes. When applied to AI, the question becomes: does feeding copyrighted works into machine learning models for training qualify as one of these... --- > Delhi High Court reinforces the Family of Marks Doctrine in Mankind Pharma v. Ram Kumar, safeguarding “Kind” trademarks from deceptive similarity. - Published: 2025-09-04 - Modified: 2025-09-04 - URL: https://www.maheshwariandco.com/blog/family-of-marks-doctrine/ - Categories: Intellectual Property - Tags: Brand Protection, Case Law India, Consumer Confusion, Delhi High Court Judgments, Family of Marks, Intellectual Property, Pharmaceutical Industry, Trademark Distinctiveness, trademark infringement, Trademark Law The Delhi High Court, in Mankind Pharma Ltd v. Ram Kumar, ruled in favor of Mankind Pharma, granting stronger protection to its “Kind” family of trademarks. Justice Tejas Karia held simply tweaking the prefix of an established brand name cannot shield deceptively similar marks, emphasizing that competitors cannot exploit the goodwill of an established brand. Explore More: Intellectual Property The case concerned the petitioner’s challenge to the respondent’s mark “Unkind”, seeking cancellation of the trademark as it infringed their “Kind” family of marks. Mankind Pharma argued that decades of use since 1986 had established distinctiveness and strong consumer association with its “Kind” marks, which had become synonymous with them in the pharmaceutical industry. The central issue was whether the respondent’s mark “Unkind” was deceptively similar and likely to mislead consumers into believing an association with the petitioner’s products. Reliance was placed on the fact that pharmaceutical consumers are highly prone to confusion, with serious health implications. The defendant argued that the term “Kind” is a common English word that cannot be monopolized. Moreover, the prefix “Un” makes the rival marks sufficiently distinctive. The defendant submitted that no evidence of actual consumer confusion was provided by the petitioner and therefore, registration of “Unkind” was lawful. The Delhi High Court acknowledged that Mankind Pharma’s “Kind” family of marks had acquired distinctiveness through continuous and extensive use. Applying the “family of marks doctrine,” the Court held that competitors cannot imitate such marks by introducing minor variations, such as altering the prefix. Finding that... --- > Learn how BIS compliance through FMCS and Scheme X ensures product safety, legal access, and smooth entry into the Indian market. - Published: 2025-09-03 - Modified: 2025-09-03 - URL: https://www.maheshwariandco.com/blog/bis-compliance-in-india/ - Categories: Regulatory & Compliance - Tags: BIS Certification, BIS Compliance, BIS Compliance in India, Export to India, FMCS India, Indian Market Regulations, ISI Mark License, Product Safety Standards, Quality Control Orders, Regulatory Compliance India, Scheme X Introduction Entering the Indian market without ensuring statutory compliance can expose manufacturers to regulatory enforcement, shipment holds, or reputational setbacks; risks that are entirely avoidable with proper adherence to the Bureau of Indian Standards (BIS). BIS forms the backbone of product safety, regulatory adherence, and market credibility in India. Its statutory framework, reinforced through FMCS (Foreign Manufacturers Certification Scheme) and Scheme X, mandates rigorous compliance for both domestic and foreign manufacturers, ensuring that products meet quality, safety, and regulatory benchmarks prior to reaching consumers. Non-adherence can result in legal liabilities, enforcement actions, and market disruptions. Understanding BIS, FMCS, and Scheme X is therefore critical for any manufacturer seeking seamless market access, operational continuity, and legal protection. Related: Regulatory and Compliance Law Firms What is BIS? The Bureau of Indian Standards, established under the BIS Act, 2016, serves as India’s national standard-setting authority. BIS’s mandate encompasses developing standards for goods, services, and processes, issuing licenses for mandatory products under Quality Control Orders (QCOs), and monitoring compliance through audits, factory inspections, and laboratory testing . Why is BIS Needed? BIS certification is essential for several reasons: Consumer Protection: Ensures that products meet safety and quality standards, protecting consumers from substandard or hazardous goods. Market Integrity: Maintains a level playing field by ensuring all manufacturers adhere to the same standards. Legal Compliance: Facilitates compliance with Indian laws and regulations, reducing the risk of legal liabilities. International Trade: Enhances credibility of Indian products in global markets, supporting exports and smoother trade. BIS Certification Process... --- > Learn how AI and ML inventions can qualify for AI patent protection in India under Section 3(k) and the CRI Guidelines 2025. - Published: 2025-09-02 - Modified: 2025-09-03 - URL: https://www.maheshwariandco.com/blog/ai-patent-protection-in-india/ - Categories: Intellectual Property - Tags: Data & AI Security, Indian Patent Law, Intellectual Property, IP Enforcement, Licensing & Contracts, Machine Learning, patents, Software & AI, Technology Law India, Trade Secrets Software patents in India sit behind a familiar gate: Section 3(k) of the Patents Act excludes a “computer programme per se” from patentability. But that gate isn’t locked. Courts have made clear that when software solves a technical problem and claims are drafted to the technical contribution, protection can pass through. That approach now appears in the Indian Patent Office’s Draft Computer-Related Invention (CRI) Guidelines, March 2025, which expressly discuss AI, machine-learning models and claim formats. The draft reiterates that claims directed merely to algorithms are barred, but inventions demonstrating technical effect/technical contribution—for example, improved security, efficiency, robustness, or resource use—are not. This is pivotal for AI security features such as watermarking and fingerprinting of models or outputs. At the same time, the global toolbox for proving model ownership has matured fast. Output watermarking (embedding statistical patterns in generated text/images), model watermarking (signals in weights/activations), and model fingerprinting (robust black-box tests that identify a model even after fine-tuning or compression) now form a practical taxonomy for IP provenance and license enforcement. Each technique has different attack surfaces and evidentiary value, which matters when you’re pleading technical effect in prosecution or proving breach in court. Explore More: Intellectual Property 1. Patent Eligibility in India for Software, AI & ML Section 3(k) excludes a “mathematical method, business method, computer programme per se or algorithm. ” But courts and the Patent Office don’t treat this as a blanket ban when the claims show a technical effect/technical contribution beyond the program itself. The Delhi... --- > Explore Emergency Arbitration in India—its legal status, key judgments, Section 9 vs EA, and enforcement under the Arbitration Act. - Published: 2025-09-01 - Modified: 2025-09-01 - URL: https://www.maheshwariandco.com/blog/emergency-arbitration-in-india/ - Categories: Arbitration - Tags: Arbitration Case Law India, Arbitration Law India, Emergency Arbitration, Enforcement of Arbitral Awards, Indian Supreme Court Judgments, Interim Relief Arbitration, International Arbitration, Section 9 Arbitration Act Introduction Emergency Arbitration, a relatively newer and developing concept in Arbitration laws of our country, as a prominent apparatus for parties in disputes to secure reliefs. It allows a disputing party to seek relief before the constitution of a formal arbitration tribunal. However, the Arbitration and Conciliation Act, 1996 does not enshrine any provisions of Emergency Arbitration. Traditionally, parties in dispute, seeking urgent measures to protect their rights had to rely on state courts or wait until an arbitral tribunal was fully established, which often caused major delays and risk of irreparable harm. Emergency arbitration has emerged as a mechanism to fill this lacuna, enabling parties to obtain prompt and effective interim relief through an emergency arbitrator appointed expeditiously. Explore More: Litigation Law Firm in India Historic Foundation Of Emergency Arbitration The roots of emergency arbitration are derived from back in the early 1990s. The Court of Arbitration of the International Chamber of Commerce (ICC) laid down Pre-Arbitral Referee Procedures in 1990, which were optional and required parties to opt-in. However, these procedures did not globally rise to prominence. A landmark evolution came with the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, in 2006. The ICDR assimilated emergency arbitration as a default provision, thus making the emergency arbitrator apparatus accessible unless expressly opted out. Following this, other major international arbitral institutions, including the Singapore International Arbitration Centre (SIAC), Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the London Court of International Arbitration... --- > Bombay HC clarifies trademark infringement jurisdiction: suits must be filed where the purchase occurs, not at the buyer’s delivery address. - Published: 2025-08-30 - Modified: 2025-09-02 - URL: https://www.maheshwariandco.com/blog/trademark-infringement-jurisdiction/ - Categories: Intellectual Property - Tags: Bombay High Court Decisions, Forum Shopping in IP cases, Intellectual Property Rights (IPR), Jurisdiction in Trademark Cases, Passing Off & Infringement, Section 134(2) Trade Marks Act, trademark infringement, Trademark Law The Bombay High Court has just tightened the screws on forum-shopping in trademark suits. In M/s ARCEE Electronics v. M/s ARCEEIKA, Justice Sandeep V. Marne held that for jurisdiction under Section 134(2) of the Trade Marks Act, 1999, what matters is where the sale actually took place—not where the buyer lives or where the goods were later delivered. Put simply: delivery to a customer in Mumbai won’t confer Mumbai jurisdiction if the purchase happened elsewhere. This ruling sits neatly alongside the Bombay High Court’s earlier view in Prince Pipes & Fittings Ltd. v. Shree Sai Plast Pvt. Ltd. (2024), which affirmed that a plaintiff can sue at its principal place of business even if the registered office is somewhere else—so long as statutory conditions are met. Read together, the message is clear: plead and prove the real locus of your business activity (place of purchase/principal place of business), not incidental touchpoints like a customer’s residence. These Bombay HC decisions also harmonize with the Supreme Court’s guidance in IPRS v. Sanjay Dalia and related Delhi HC jurisprudence, which curb tactical forum selection and require a genuine nexus to the chosen court. Expect closer scrutiny of invoices, POS records, and website/cart flows to establish the true situs of the sale. Explore More: Trademark Lawyers in India The Bombay HC Ruling — Facts & Issue (ARCEE Electronics v. ARCEEIKA, 11 Aug 2025) What sparked the dispute. M/s ARCEE Electronics sued ARCEEIKA for trademark infringement and passing off. To anchor the suit in Mumbai,... --- > Explore legal frameworks for emerging aviation technologies, covering drones, eVTOLs, AI, liability, and compliance in India and globally. - Published: 2025-08-29 - Modified: 2025-09-01 - URL: https://www.maheshwariandco.com/blog/legal-frameworks-for-emerging-aviation-technologies/ - Categories: Regulatory & Compliance - Tags: AI in Aviation, Air Traffic Management, Aviation Compliance, Aviation Law, Aviation Liability, Aviation liability and law, DGCA Drone Rules 2021, DGCA India, Drone Regulations, eVTOL, ICAO, Urban Air Mobility Introduction The aviation industry is undergoing a seismic shift and transformation. Once dominated by the manned aircrafts and centralized air traffic control, the 21st century skies are now shared with unmanned aircrafts including drones, electric vertical take-off and landing (eVTOL) vehicles, and AI-powered autopilot systems. While these innovations hold transformative promises from urban air mobility, enhanced efficiency, reduced carbon footprints and critical medical drone deliveries. However, they also come with unprecedented legal and regulatory challenges. This blog explores how legal frameworks worldwide are evolving to govern these technologies and examine the liability considerations when things go awry. The existing legal structures that govern aviation, most of which were developed in the post- World War II era, are ill equipped to handle the scale and scope of these disruptive technologies. These new innovations are forcing all stakeholders including regulators, lawmakers, corporations, insurers, and legal practitioners to reimagine the entire ecosystem of aviation law, from licensing and certification to privacy, security, airspace management and tort liability. In India and around the world, this demands not only legislative agility but also a deep re-examination of foundational principles and compliance in aviation law. Related: Regulatory and Compliance Law Firms What Legal Frameworks Govern Aviation from the Chicago Convention to India’s Drone Rules? At the International level, the International Civil Aviation Organization (ICAO) oversees the Convention on International Civil Aviation, 1944 (commonly referred to as the Chicago Convention), which impacts and oversees the aviation industry. The ICAO develops global standards and recommended practices that provide... --- > Understand Section 21 of the Arbitration and Conciliation Act, its mandatory nature, waiver, and role in limitation for arbitration proceedings. - Published: 2025-08-28 - Modified: 2025-08-29 - URL: https://www.maheshwariandco.com/blog/section-21-of-the-arbitration-and-conciliation-act/ - Categories: Arbitration - Tags: Alternative Dispute Resolution, Arbitration and Conciliation Act 1996, Arbitration Cases in India, Arbitration Law, Arbitration Proceedings, Commercial Disputes, Dispute Resolution, Indian Legal System, Legal Notice, Section 21 Arbitration Introduction Section 21 of the Arbitration and Conciliation Act, 1996, exists at the nucleus of the arbitral process in India, providing the procedural anchor for the commencement of arbitration proceedings. While the statutory language may appear sharply defined, the interpretation and application of Section 21 involve several nuanced considerations for parties engaged in the procedure. Inevitable questions frequently arise before courts and arbitral tribunals: Is the issuance and receipt of a notice under Section 21 a strict and mandatory requirement before initiating arbitration? Does it determine the point at which the limitation is computed? Can the parties, by agreement or conduct, dispense with or modify this step? Landmark precedents derived from various High Courts have shed light on these issues, reinforcing the need for parties to approach Section 21 as an unavoidable milestone during arbitration. It becomes vital to examine the framework of this provision, including its nature, the necessity and the limitation. Explore More: Real Estate Nature Of Section 21- Mandatory Or Directory The Hon’ble High Court of Delhi has given clarity on the interpretation of Section 21 of the Act. In Alupro Building Systems Pvt. Ltd. v. Ozone Overseas Pvt. Ltd. the court held that notice by the claimant invoking the arbitration clause and requesting reference of the dispute to arbitration is a mandatory precondition. The court explained that without such a notice, the arbitration proceedings commenced are “illegal and unsustainable”. The rationale is that the notice serves to inform the respondent of the claims, enabling them to... --- > Explore the cultural and economic value of Geographical Indications in India, from Darjeeling Tea to Banarasi Sarees, under the GI Act 1999. - Published: 2025-08-27 - Modified: 2025-09-02 - URL: https://www.maheshwariandco.com/blog/geographical-indications-in-india/ - Categories: Intellectual Property - Tags: Alphonso Mango GI, Basmati Rice GI, Cultural Heritage Protection, Darjeeling Tea GI, Economic value of GI, Geographical Indications, GI Act 1999, GI registration, Indian Handicrafts, Intellectual Property India, Rural Development Geographical Indications (“GIs”) have often been referred to as the ‘Sleeping Beauty’ of the intellectual property world," as aptly described by Marcus Höpperger, a legal expert and speaker representing the World Intellectual Property Organization (“WIPO”) during the 2007 Beijing Symposium. This metaphor reflects the paradox that, although GIs have existed for centuries—rooted deeply in regional traditions and product identity—their strategic and commercial potential has only been globally recognized in recent years. This renewed attention has triggered an international awakening to the cultural, economic, and legal significance of GIs, positioning them as a fast-emerging facet of intellectual property rights that requires robust protection and promotion. Explore More: Intellectual Property What is a GI? The term GI was introduced in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). A GI is a sign used on products that originate from a specific geographical region and possess qualities, characteristics, and/or a reputation essentially attributable to that origin. Roquefort cheese from France is among the earliest known examples of a GI, with origins tracing back to Roman times. According to legend, it was accidentally created when a shepherd left his meal of bread and cheese in a cave and, upon returning weeks later, discovered the cheese had developed a distinctive mold and flavor! To qualify as a GI, the sign must clearly identify the product as coming from a particular place. In fact, the product’s unique attributes are typically a result of local factors such as climate, soil, traditional practices,... --- > Supreme Court rules isolated similarity is not trademark infringement in Pernod Ricard case, reinforcing limits on generic and laudatory terms. - Published: 2025-08-26 - Modified: 2025-08-27 - URL: https://www.maheshwariandco.com/blog/trademark-infringement-supreme-court-on-pernod-ricard-case/ - Categories: Intellectual Property - Tags: Anti-dissection rule, Brand protection India, Indian trademark law, Intellectual Property Law, IP Litigation, Pernod Ricard, Supreme Court of India, Trademark case law, Trademark Disputes, trademark infringement On 14 August 2025, the Supreme Court of India ruled that isolated similarity is insufficient to establish trademark infringement, dismissing an appeal in Pernod Ricard India Pvt. Ltd. v. Karanveer Singh Chhabra. The judgment upheld earlier decisions of the Commercial Court and the High Court, which had refused interim injunctions in favour of Pernod Ricard. The Appellants, Pernod Ricard, own the registered trademarks “Blenders Pride”, “Imperial Blue”, and their house mark “Seagram’s”. The Respondent markets whisky under the brand “London Pride”. Pernod Ricard alleged that the impugned mark was deceptively similar to “Blenders Pride”, that it copied the colour palette, label shape and bottle design of “Imperial Blue”, and that bottles embossed with “Seagram’s Quality” had been used. Explore More: IP law firm The Supreme Court rejected these contentions and outlined its reasoning as follows: Anti-Dissection Rule: Rival marks must be compared as a whole. Viewed holistically, “Blenders Pride” and “London Pride” were found sufficiently dissimilar, and therefore not confusingly alike. Dominant-Feature Guideline: Applying the “milk-and-water” analogy, the Court held that consumer perception is shaped by the dominant part of a composite mark. Words such as “Blenders” and “Imperial” were distinctive and dominant, whereas “Pride” and “Blue” were common, descriptive or generic within the liquor industry. Other brands like “Rockford Pride”, “Royal Pride” and “Oak Pride” illustrated this shared usage. Addition of a geographical identifier: The court also observed that the term ‘LONDON’ introduces a geographical identifier that conveys a distinct brand identity, divergent from ‘BLENDERS’ or ‘IMPERIAL’. Generic, Ordinary... --- > Understand the inheritance rights of stepchildren in India, legal position under Hindu Succession Act, and how wills or adoption impact property rights. - Published: 2025-08-25 - Modified: 2025-08-25 - URL: https://www.maheshwariandco.com/blog/inheritance-rights-of-stepchildren-in-india/ - Categories: Family Law - Tags: coparcenary property rights, estate planning in India, Hindu Succession Act, Hindu Succession Act 1956, Indian Succession Act, Indian Succession Act 1925, Inherit Property, inheritance law India, inheritance rights, Inheritance rights of stepchildren, inheritance rights of stepchildren in India, stepchild adoption and inheritance, stepchildren legal heir rights, stepchildren property rights India, will and inheritance India Inheritance is a legal process of bequeathing of property to the legal heirs of the person. The term “legal heirs” has a very wide ambit. The Hindu Succession Act of 1956 provides a comprehensive list of legal heirs recognised by the law under Schedule I(First Class Heirs) and Schedule II(Second Class Heirs). However, there is no mention of the inheritance rights of stepchildren. This blog explores the uncertainty in Indian law about whether stepchildren can inherit property. Explore More: Succession Planning Do Stepchildren Have a Right to Inherit Property in India? Inheritance rights of stepchildren in India is governed by various laws including Indian Succession Act, 1925, Hindu Succession Act, 1956, Hindu Marriage Act, 1956 or Muslim Personal Law(Shariat) Act, 1937 depending upon the succession, structure and religion of the family, type of succession etc. For example, a child born out of a void marriage, though in fact illegitimate, by a legal fiction (under Section 16 of the Hindu Marriage Act, 1956) is considered to be the legitimate son of his father. However, this legal fiction only allows him a share in the self-acquired property of the father and gives him no coparcenary interests that a legitimate child would get by virtue of birth in the family. Are Stepchildren included as Legal Heirs Under the Hindu Succession Act of 1956? The Hindu Succession Act, 1956, under section 3(f) defines the term “heir” as any person, male or female, who is entitled to succeed to the property of an intestate under... --- > Explore key provisions of the Online Gaming Bill 2025 covering ban on money games, e-sports promotion, penalties, and regulations. - Published: 2025-08-21 - Modified: 2025-09-19 - URL: https://www.maheshwariandco.com/blog/online-gaming-bill-2025/ - Categories: Sports - Tags: E-sports India, Educational Games, Online Gaming, Online Gaming Bill 2025, Online gaming framework 2025, Online Gaming Regulation, Social Gaming, sports and gaming Introduction The Promotion and Regulation of Online Gaming Bill, 2025 (hereinafter referred to “Proposed Bill”), introduced in the Lok Sabha by Union Minister Ashwini Vaishnav aims to prohibit online money games while simultaneously providing a framework for the promotion and regulation of e-sports, educational games, and social games. The proposed legislation seeks to establish a uniform, national-level framework. Explore More: Sports and Gaming Key Provisions of the Online Gaming Bill, 2025 The most significant aspect of this proposed legislation is considering a blanket ban on “online money games”. As per Section 2(g) of the Proposed Bill, an “online money game” as an online game, irrespective of whether it is based on skill, chance or both, where a user pays fees, deposits money, or uses other stakes in the expectation of winning monetary or other enrichment, but does not include e-sports. This prohibition is considered as “prudent and practical” in the interest of the general public. To enforce this ban, the Proposed Bill, under Chapter III, Section 5 and 6, expressly provides that no person shall offer any, aid, abet, induce, indulge, engage in offering online money gaming services nor shall involve in any advertisement which directly or indirectly promotes any person to play any online money game in any media, in whatsoever capacity. The Proposed Bill also prohibits banks, financial institutions, and other entities from facilitating transactions for online gaming services. Offences related to offering or facilitating these games would be classified as “cognizable and non-bailable” as mentioned under Section... --- > Explore trademark disputes in India with lessons from the Mc prefix case, highlighting brand protection, dilution, and family of marks. - Published: 2025-08-20 - Modified: 2025-08-21 - URL: https://www.maheshwariandco.com/blog/trademark-disputes-the-mc-prefix-case-in-india/ - Categories: Intellectual Property - Tags: Brand Protection, Business Law, Consumer Confusion, Global Brands, Indian Courts, Indian trademark law, Infringement, Intellectual Property, Legal Cases, McDonald’s, McDonald’s trademark case, Trademark Disputes I. The Growing Complexity of Trademark Battles in India Trademark disputes in India are no longer confined to straightforward cases of name copying or logo imitation. As Indian markets mature and brand portfolios expand, courts are increasingly being called upon to interpret nuanced doctrines of trademark law, including the “family of marks” concept. One such case that drew national and international attention recently was McDonald’s Corporation v. McPatel Food & Beverages, involving the use of the prefix “Mc” by a local food business. This legal contest wasn’t just about two names beginning with similar syllables. It raised serious questions about how far a global brand’s monopoly on a prefix can extend and how Indian courts are beginning to shape jurisprudence on familial trademarks—those forming a pattern within a well-known brand’s portfolio. Explore More: Intellectual Property II. The McDonald’s v. McPatel Dispute The dispute arose when McDonald’s, the American fast-food giant, filed a trademark infringement suit against McPatel Food & Beverages, a Gujarat-based QSR chain operating under the name McPatel’s. The local enterprise, known for serving burgers and shakes, had adopted branding that included the “Mc” prefix and stylised menu items reminiscent of McDonald’s iconic offerings. McDonald’s argued that such use was likely to cause confusion, dilute its brand, and unfairly capitalise on the goodwill it had built over decades in India. McDonald’s relied heavily on its extensive “Mc” family of marks — including registrations for McChicken, McVeggie, McSpicy, McAloo Tikki Burger, McFlurry, and others. These sub-brands, while distinct, share a... --- > Learn how Indian gaming platforms ensure player protection with responsible gaming, fair play, and transparent practices. - Published: 2025-08-19 - Modified: 2025-08-20 - URL: https://www.maheshwariandco.com/blog/player-protection-in-online-gaming/ - Categories: Gaming - Tags: ASCI Guidelines, Ethical Gaming, Gaming Compliance, Gaming Regulations, Gaming Transparency, Online Gaming India, player protection, Responsible Gaming, Safe Gaming Practices, Social Responsibility in Gaming Introduction Every industry across the globe carries a degree of social responsibility. Similarly, Indian gaming companies also have a duty to maintain an environment conducive to safer gaming, reducing potential harm to players. Social responsibility refers to the obligation of an organisation to contribute positively towards society, maintaining order and fostering a well-organised environment through responsible practices. According to the latest FICCI-EY report “Shape the Future: Indian Media and Entertainment is Scripting a New Story”, India’s online gaming base grew to 488 million players in 2024, with 33 million new gamers joining in just one year. While the market offers huge opportunities, many companies still fall short in safeguarding their users. Vulnerable players can be drawn in by misleading or aggressive promotional offers, which can result in financial loss. This makes it both a legal and ethical duty for gaming companies to ensure their platforms remain free from harmful practices and comply with applicable regulations. Explore More: Sports and Gaming Steps Taken to Protect Players and Maintain Gaming Ethics India’s online gaming sector is rapidly expanding, and with this growth comes an increased responsibility to safeguard players from misleading promotions, excessive play, and unfair practices. Both industry bodies and regulators are implementing robust frameworks to ensure ethical conduct, transparency, and player well-being. Key steps being taken include: Industry self-regulation Industry associations such as the All India Gaming Federation (AIGF), E-Gaming Federation, and Federation of Indian Fantasy Sports (FIFS) require members to: Verify player age and restrict access for minors. Publish... --- > Explore brand safety in gaming ads, Indian regulations, and compliance measures to ensure safe, responsible advertising practices. - Published: 2025-08-18 - Modified: 2025-08-19 - URL: https://www.maheshwariandco.com/blog/brand-safety-in-gaming-ads/ - Categories: Sports - Tags: Ad-Tech India, Advertising Compliance, ASCI Guidelines, Consumer Protection Act, Fantasy Sports, Gaming Advertisements in India, Gaming Industry India, Gaming Regulations India, Misleading Ads, online gaming ad regulations, Online Gaming Ads, Programmatic Advertising, Rummy Ads India’s online gaming ecosystem is growing rapidly, covering skill-based formats such as fantasy sports and rummy. It has increasingly adopted programmatic advertising, powered by ad agencies that maintain repositories of pre-approved creatives (banners, videos, taglines, etc. ), which algorithms use to automatically choose and display the most effective ads. These repositories enable algorithms to dynamically deliver the most relevant ads based on user profiles and real-time bidding. However, this automated system also brings heightened regulatory responsibilities for advertisers, intermediaries, and ad-tech providers; concerning brand safety, which focuses on preventing ads from appearing next to harmful or inappropriate content. Explore More: Sports and Gaming With programmatic ads served across thousands of websites and apps, tools like blacklists, whitelists, and contextual filters demonstrate due diligence, a legal necessity under Indian regulations. Regulatory and Legal Framework for Gaming Advertisements in India In this context, several key laws and guidelines govern gaming advertisements in India: Consumer Protection Act, 2019 – prohibits misleading advertisements and ensures consumer rights. Guidelines on Misleading Advertisements (2022) – holds advertisers and endorsers strictly liable, even for algorithm-driven placements. IT Rules – impose content moderation and intermediary responsibilities. ASCI standards – prohibit claims that overstate winnings, depict gaming as livelihood, or target minors; mandate health disclaimers such as “This game involves financial risk and may be addictive”. Advertisers and endorsers are now strictly liable, even when algorithms select the placement or creative. Issues like trademark misuse, defamation, and privacy also arise when ads appear near objectionable third-party content. Mandatory Disclaimers... --- > Explore how India protects Traditional Knowledge through copyright law, folklore safeguards, and sui generis legal frameworks. - Published: 2025-08-16 - Modified: 2025-08-17 - URL: https://www.maheshwariandco.com/blog/traditional-knowledge-in-india-legal-protection/ - Categories: Intellectual Property - Tags: Community Rights, copyright law, Copyright Law in India, Cultural Assets, Cultural Heritage, Folklore Protection, Indian copyright law and traditional knowledge, Intellectual Property, intellectual property and traditional knowledge, Legal Framework India, Protection of Traditional Knowledge Bill Why Traditional Knowledge Needs Legal Attention in India India’s vast and ancient cultural heritage holds deep reservoirs of Traditional Knowledge (TK)—wisdom systems, healing practices, agricultural know-how, folklore, and oral traditions passed across generations. These assets are not just cultural relics; they remain active contributors to local economies, identity, and sustainable development. Yet, they’re alarmingly vulnerable to misappropriation—often commercialised without consent or benefit-sharing. Legal systems rooted in Western intellectual property norms often struggle to accommodate the collective and intergenerational nature of TK. The Indian legal framework is in the process of catching up, balancing modern IP regimes with the need to protect community-owned knowledge. This article explores that delicate interplay, focusing on how the Indian Copyright Act, the Protection of Traditional Knowledge Bill, and evolving jurisprudence intersect with concepts like the public domain and copyright expiry. By understanding this framework, creators, communities, and legal professionals can better protect India’s cultural resources while ensuring they are not lost to exploitation or obscurity. Explore More: IP law firm The Indian Copyright Act and Its Limits on Traditional Knowledge The Indian Copyright Act, 1957, governs protection of literary, artistic, musical, dramatic, and cinematographic works. It offers individual creators a statutory monopoly for a limited period—typically the author's lifetime plus 60 years in the case of literary, artistic, musical, and dramatic works and 60 years from the date of publication in the case of cinematographic films. This term-based protection assumes a fixed creator and a definable starting point for ownership, which traditional knowledge often lacks.... --- > Learn how to tackle copyright infringement in India with legal remedies, takedowns, and enforcement strategies. - Published: 2025-08-14 - Modified: 2025-09-19 - URL: https://www.maheshwariandco.com/blog/digital-piracy-copyright-infringement-in-india/ - Categories: Intellectual Property - Tags: Content Protection, copyright act 1957, Copyright Enforcement, Copyright Infringement, copyright law, Copyright Law in India, copyright law India, Intellectual Property, IT Act, Legal Remedies Digital piracy in India is no longer confined to torrents or shady websites. It now creeps into mainstream platforms, social media pages, and even encrypted apps. For creators—whether authors, filmmakers, software developers, or publishers—the digital environment is both an opportunity and a battlefield. Content gets copied, repackaged, and monetised without permission. Copyright infringement isn’t just a nuisance; it’s a direct attack on livelihood, intellectual investment, and legal rights. India’s legal framework offers remedies. But enforcing those rights online isn’t always straightforward. It requires creators to be vigilant, proactive, and legally informed. With copyright protection governed by the Copyright Act, 1957 (as amended), and supported by takedown rules under the Information Technology Act, 2000, there are clear pathways to act—but only if one knows where to look and how to proceed. Explore More: IP law firm 1. Understanding Copyright Law in India At the heart of India’s battle against digital piracy lies the Copyright Act, 1957. It grants creators the exclusive right to reproduce, distribute, perform, or display their original works—be it literature, music, film, photography, software, or artistic content. These rights vest automatically upon creation; registration is not mandatory, but it helps in litigation. For publishers and rights holders, copyright is not just a moral claim—it is a legal weapon. The Act recognises both economic rights (e. g. , the right to earn from use or licensing) and moral rights (e. g. , the right to be credited and not have your work distorted). Infringement occurs when someone copies, shares,... --- > Learn how India’s design and copyright laws address fashion piracy, protecting designers from unauthorized reproductions. - Published: 2025-08-13 - Modified: 2025-08-13 - URL: https://www.maheshwariandco.com/blog/fashion-piracy-in-india/ - Categories: Intellectual Property - Tags: Copyright Act, Design Act in India, Design Law, Fashion, Fashion industry, Fashion Industry India, Fashion law firm India, Fashion Law in India, Fashion Piracy, Fashion Piracy in India, Indian Designs Act 2000, IP Litigation In India's burgeoning fashion industry, piracy of designs is an evolving problem. Original designers have struggled to protect their work because of the rapid alterations in fashion, the rise of fast fashion, and the ease with which designs can be replicated. With its seasonal and cyclic demand, the fashion business requires a great deal of innovation within relatively short periods of time. Since fashion designs are not patented, anyone can easily produce a replica that is an exact copy and sell it for a much lower price. Although these copies are low-quality, they are still looked at as knockoffs. The Designs Act of 2000 and the Copyright Act of 1957 are two of India's robust intellectual property legislations. However, due to their convergence and occasional conflicts, designers often remain in a legal limbo. Explore More: Copyright Lawyers in India What is Design Piracy? The aesthetic aspect of a creation, which is not exhaustive but inclusive of the shape, pattern or particular alignments and in context of fashion the design of clothing accessories, or fabric, and if these facets are replicated by another designer or authority and without the authorization of such rightful creator in order to benefit oneself economically, then this act can be termed as Design Piracy. The Designs Act, 2000 Protection of non-utilitarian products is guarded by the Designs Act 2000. In accordance with this Act: As per section 2(d) of the Designs Act, 2000, Design is defined as any aspect of an object's shape, arrangement, pattern, ornamentation,... --- > Explore directors' rights under Indian copyright law, moral rights, joint authorship debates, and proposals for legal reform in Indian cinema. - Published: 2025-08-11 - Modified: 2025-08-11 - URL: https://www.maheshwariandco.com/blog/directors-rights-under-indian-copyright-law/ - Categories: Intellectual Property - Tags: AI in Film Editing, Copyright Act, Copyright Disputes, copyright law, copyright protection, Directors’ Rights, Film Law India, Indian Cinema, Indian Copyright Laws, Intellectual Property Rights, Moral Rights in Film The fundamental objective of the Indian Copyright Act, 1957 ("Copyright Act") is to safeguard intellectual creativity by granting creators exclusive rights over the use and dissemination of their works, thereby protecting such works from unauthorized exploitation. However, in the context of cinematographic works, this protection does not extend to the actual creators such as directors - but rather to the producer, who is typically the investor and financial risk-bearer. Consequently, the copyright regime in this domain shifts its focus from the protection of creativity to the protection of commercial investment. Twelve years ago, Raanjhanaa (released as Ambikapathy in Tamil) captivated audiences with its raw portrayal of unrequited love, political intrigue, and sacrifice. Its tragic ending - where the protagonist knowingly walks into a trap and dies at a political rally for the sake of love -left viewers with a bittersweet ache. This climax wasn’t just a narrative decision; it was the emotional culmination of the film’s ethos. In 2025, however, this emotionally resonant conclusion was replaced. Eros Media World, the film’s producers, re-released the movie with an AI-generated “happy ending. ” The protagonist survives, waking up surrounded by loved ones. This alternate ending was created without the knowledge or consent of several original contributors, including the film’s director—raising serious ethical questions. Can AI be used to alter the essence of a creative work without consent from its creators, especially the director? What are the nuances of overall copyright protection for a movie? and what is extent of protection and credit... --- > Explore how public participation and crowdsourcing are reshaping patent examination by improving scrutiny, transparency, and patent quality. - Published: 2025-08-08 - Modified: 2025-08-08 - URL: https://www.maheshwariandco.com/blog/public-role-in-patent-examination/ - Categories: Intellectual Property - Tags: crowdsourced patent review, crowdsourcing, Indian Patent Framework, Indian Patent Law, Indian patent opposition, Intellectual Property, Patent application, Patent Examination, patent law, Patent Outcomes in India, patent reform, pre-grant opposition, public scrutiny The Shifting Landscape of Patent Scrutiny For centuries, the patent examination process has operated as a largely internal exercise, insulated from the public eye and reliant on examiners to assess novelty, inventive step, and utility within the constraints of limited resources and time. But with an explosion in the volume and complexity of patent filings, particularly in fast-evolving technological fields, that model is showing its cracks. To address this, a quiet but meaningful shift has taken hold across patent offices around the world: inviting the public to participate in the patent examination process. Through structured crowdsourcing platforms, third-party submissions, and pre-grant opposition mechanisms, individuals, industry stakeholders, and subject-matter experts are increasingly being called upon to bring forward relevant prior art and challenge weak claims before they become enforceable rights. Explore More: Intellectual Property Legal Foundations for Third-Party Involvement in Patent Examination Public participation in patent examination operates within legal contours that vary by jurisdiction but share a common purpose: to strengthen patent quality by allowing outsiders to contribute information the examiner might otherwise miss. In India, Section 25 of the Patents Act, 1970 permits pre-grant opposition by “any person,” enabling them to raise objections on grounds such as lack of novelty, obviousness, or non-patentable subject matter. The process allows detailed submissions, including prior publications or use, public disclosures, or traditional knowledge, many of which may never surface during routine examination. Crowdsourcing and Public Scrutiny in the Indian Patent Framework India does not yet operate a formal digital crowdsourcing platform akin... --- > Land registration doesn’t prove ownership. Learn what documents actually matter when proving legal title to a property in India. - Published: 2025-08-07 - Modified: 2025-08-07 - URL: https://www.maheshwariandco.com/blog/land-registration-property-ownership/ - Categories: Real Estate - Tags: due diligence, Land Registration, Land title verification, Legal Compliance, property documentation, property law, Property ownership in India, Real Estate Disputes, sub-registrar, Supreme Court judgments, title verification, Title vs registration The 2025 case of K. Gopi v. Sub-Registrar, 2025 SCC OnLine SC 740 has left people unsure and uneasy about land registration, particularly whether they are the rightful owners of the property after going through the long and tedious process of finding the right property, conducting document checks, checking for encumbrances, and finally registering the property. The case has clarified that legal registration of the property does not make you the owner of the property owing to the limited power of the sub-registrar have while registering your property where he can only check, verify the identities of the parties and ensure the procedural compliances and can’t go into the legal validity of the title. Explore More: Real Estate Does Land Registration Prove Property Ownership in India? No, land registration of a property does not prove property ownership in India. Registration of a property is just a procedural requirement. Further, the registration of a document transfers those rights that the executant has, if the executant has no right, the registration document cannot make any effects related to the title, right or interest in the property. What Is the Legal Meaning of Property Registration Under Indian Law? Property registration under Indian law refers to the process of registering documents, titles, and transactions related to property. Section 17 of the Registration Act 1908 mandates the registration of immovable property above 100 rupees. Property registration is done at the sub-registrar’s office by paying the stamp duty and registration fees. Property registration primarily creates a... --- > Explore Fashion Law in India—how IP, design, and trademark laws shape legal protection for designers, brands, and creators in the fashion industry. - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.maheshwariandco.com/blog/fashion-law-in-india/ - Categories: Intellectual Property - Tags: Copyright, Design Law, Fashion industry, Fashion Industry Regulation, Fashion law firm India, Fashion Law in India, Indian Designers, Intellectual Property, Intellectual property in fashion, Legal Compliance, Textile Industry, Trademark Law Introduction Indian fashion is a textile of wealth, detail, and elements of heritage, craftsmanship, and history. From the dress of the saree to the cut of the sherwani, Indian fashion speaks for diversity in its population and deep traditions. Western wear, such as gowns, jackets, or denim pants, shall take part in this combination of Indo-Western Fashion that has developed mainly in urban cities of India. This fashion transformation has come through international trends and changing consumer preferences. In recent times, Indian designers like Ritu Kumar, Manish Malhotra, Sabyasachi Mukherjee have shaped Indian fashion in a very different way. People now rely more on celebrity endorsements, which has changed how the market works and made celebrity-influenced fashion a key part of the fashion industry. Explore More: IP law firm The Rise of Fashion Law in India The Indian fashion industry is based on laws that enforce ethics, protect creations of various designers, and commercial transactions. India’s big textile industry, together with its growing designer market, is proving how important regulatory frameworks are to this sector. However, as of now, there is no dedicated law for the fashion industry. Whereas, there are laws laid down in many acts wherein the interest of these fashion designers is being protected, these acts such as the Consumer Protection Act, Trademark Act, Design Act, Patent Act, Labour Act, and Copyright Act. To keep creating new ideas and support fair production while dealing with tough competition worldwide, fashion designers and firms need to know about these... --- > Explore how rule of law, fair trial, and specific evidence shape PMLA investigations and limit the Enforcement Directorate’s unchecked powers. - Published: 2025-08-04 - Modified: 2025-08-04 - URL: https://www.maheshwariandco.com/blog/rule-of-law-evidence-in-pmla-investigations/ - Categories: Criminal Law - Tags: Constitutional Rights, Criminal Procedure, ECIR, Economic Offences, ED Investigations, Enforcement Directorate PMLA powers, PMLA, PMLA Investigations, Prevention of Money Laundering Act, Rule of Law, Supreme Court of India Introduction: The Prevention of Money Laundering Act, 2002 (PMLA) (hereinafter referred to as the “Act”) was enacted for the objective of curbing the serious economic threat of money laundering. The Enforcement Directorate (ED) has been the official body/authority responsible for the enquiries and prosecution of offences under the Act for the past decades. There have been concerns raised about the fact that the Directorate exercises its powers particularly in issues concerning arrest, investigation, attachment of property, and bail with little transparency and accountability. The landmark ruling in “Vijay Madanlal Choudhary v. Union of India (2022)”reinforced the constitutional legitimacy of the ED's broad powers under the PMLA. The review petitions and subsequent debate, however, highlight the urgent necessity of ensuring that rule of law is maintained and ED's powers are utilized upon evidence particular, tangible, and proximate to facts, and not on vague notions or political whims. Explore More: Enforcement Directorate Lawyer in India Landmark ruling of the “Vijay Madanlal Choudhary v. Union of India (2022)” and the Hon’ble Courts affirmation on the same:- In July 2022, a three-member bench of the Supreme Court of India passed a landmark judgment in “Vijay Madanlal Choudhary v. Union of India”, where it affirmed the constitutional validity of various major provisions of the Prevention of Money Laundering Act, 2002 (PMLA). The Court upheld the legality of: - Sections 5, 8(4), 15, 17, and 19 of the Prevention of Money Laundering Act (PMLA), 2002, authorize the Enforcement Directorate (ED) to attach property provisionally, search and... --- > Patentable Subject Matter explained: Learn what inventions qualify for patents in India, key exclusions under law, and emerging debates in tech and biotech. - Published: 2025-08-01 - Modified: 2025-08-01 - URL: https://www.maheshwariandco.com/blog/patentable-subject-matter-in-india-explained/ - Categories: Intellectual Property - Tags: Biotechnology Patents, Indian Patent Act, Intellectual Property Rights, Non-patentable subject matter India, patent, Patent Act, Patent Eligibility, Patent eligibility criteria India, Patent Filing Process, Patent Law India, Patentable Subject Matter, Software Patents Patent law isn’t a free-for-all. Not every idea, no matter how clever, qualifies for protection. At its core, the law draws a firm line between what belongs to the realm of private ownership and what remains in the public domain. That line is defined by what the law calls “patentable subject matter. ” This article breaks down what types of inventions are eligible for a patent, what types aren’t, and where the legal debates still rage. Whether you’re advising a client or considering filing a patent yourself, it helps to know where the law stands—and where it doesn’t. Explore More: Patent Attorneys in India What Counts as Patentable Subject Matter Under Indian Law India’s patent regime, governed by the Patents Act, 1970 (as amended), begins with a deceptively broad definition. Section 2(1)(j) defines an “invention” as a new product or process involving an inventive step and capable of industrial application. So far, so good. But Section 3 of the Act swiftly narrows the scope, listing out what cannot be considered inventions. This list is where most of the heavy lifting happens—it is here that courts and patent examiners decide what gets through the door and what doesn’t. Let’s look closer at some of these exclusions. Ideas, Algorithms, and Abstract Theories Section 3(c) excludes “the mere discovery of a scientific principle or the formulation of an abstract theory. ” That means you cannot patent a mathematical equation, a law of nature, or a theoretical framework—even if it’s novel and groundbreaking. Ideas... --- > SEBI introduces a new ESG Debt Securities framework to boost credibility, transparency, and alignment with global sustainability standards. - Published: 2025-07-30 - Modified: 2025-07-30 - URL: https://www.maheshwariandco.com/blog/esg-framework-for-debt-securities/ - Categories: Banking & Finance - Tags: 2015, Corporate Debt Securities, ESG Compliance Framework, ESG Debt, ESG Debt Securities, ESG Reporting Standards, SEBI Circular 2025, SEBI LODR Regulations, SEBI NCS Regulations, Social Bonds Regulations, Sustainability Bonds, Sustainability Bonds India, Sustainability-Linked Bonds The Securities and Exchange Board of India (“SEBI”) released a circular on 5th July laying down a comprehensive framework for ESG Debt Securities (other than green debt securities). The aim of SEBI is to bolster credibility, enhance transparency, and ensure that the standards followed by Indian companies align with international benchmarks. The regulatory framework governing green bonds has already been in place since 2017. The new framework covers social bonds, sustainability bonds, and sustainability-linked bonds. Each of these bonds has its own metrics and regulatory compliance. The framework provides regulations for all stages—pre-issuance, post-issuance, and ongoing compliance related to reporting. The eligibility criteria are quite rigid; only those debt securities that align with global standards will be categorised as “Social,” “Sustainability,” or “SLB” bonds. Explore More: Banking & Finance Social Bonds The SEBI NCS Regulations and SEBI LODR Regulations, 2015 define social bonds as debt securities issued for raising funds to be utilised to address or mitigate social issues. Examples include affordable basic infrastructure, access to essential services (e. g. , health, education, vocational training), affordable housing, employment generation, food security, and socioeconomic advancement. The issuer is required to disclose the following information in the offer document for the public: Pre- Issuance Compliance Requirement The issuer must disclose the social objective of the project, along with details of the projects where the proceeds are intended to be used. Information about the process to be followed to evaluate the project’s impact, including the taxonomies and standards to be used. Details of... --- --- ## 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... --- ---