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Corporate and Commercial

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Key Change Prior Approval for all Chinese FDI investments

Submitted by indigoadmin on Sat, 04/18/2020 - 22:48

India today announced a new policy for foreign direct investment (FDI) from China by way of Press Note 3 of 2020. All such investment from China will now require prior approval of the Indian Government, and this approval requirement also applies to transactions, where the beneficial owner of the investment, (whether directly or indirectly) is from China.

Regulatory Updates on COVID19 Outbreak

Submitted by indigoadmin on Fri, 04/17/2020 - 13:16

To tackle the various logistical challenges and hardships faced by various corporate entities in ensuring continuity of business in the midst of the various restrictions imposed pursuant to the COVID – 19 outbreak, regulators have announced various relaxations for such entities in relation to compliance with certain legal requirements.

Changes to offset provisions under draft Defence Procurement Procedure 2020

Submitted by indigoadmin on Thu, 04/16/2020 - 16:49

The draft Defence Procurement Procedure 2020 (DPP) released by the Ministry of Defence proposes a plethora of vital amendments with the objective of growing domestic capability and achieving national security objectives. One of the significant overhauls in the draft DPP 2020 is in the offset guidelines, which is a key concern for foreign OEMs supplying under previous and current DPPs.

Supreme Court stays operation of High Court judgment on online fantasy sports in India

Submitted by indigoadmin on Tue, 04/14/2020 - 16:35

The Hon’ble Supreme Court of India (SC) has on 6 March 2020 stayed the operation of the judgment of the Hon’ble Bombay High Court (Bombay HC) in the case of Gurdeep Singh Sachar v Union of India & Ors dated 30 April 2019 (Gurdeep Singh Case) until further notice. The Bombay HC had, in the Gurdeep Singh Case, upheld the legality of online fantasy sports gaming in India as games that are preponderantly games of skill. This casts doubts, for the time being, over legality of online fantasy sports games in India.

RBI may open doors for private players to set up new umbrella entity for retail payments system infrastructure

Submitted by indigoadmin on Mon, 04/13/2020 - 14:45

Digitisation is becoming the main stay of commerce and industry in India. The country has entered the cashless phase of economy. The past decade has witnessed emergence of groundbreaking innovations in the retail payment space facilitating electronic transfer of funds at the tip of a finger.

Debt Enforcement and Relief in times of COVID19 Recent Updates on Indian Court Orders

Submitted by indigoadmin on Thu, 04/09/2020 - 20:57

The onset of Covid-19 has set in motion a series of events which is bound to test India’s debtor-creditor relationship. Over the years, Indian courts have upheld the bargain struck by debtors and creditors and not allowed excusal of performance on grounds of force majeure or frustration. India’s new bankruptcy code (the “IBC”) played a critical role in re-balancing terms in favour of creditors.

Legitimising the doorstep delivery of drugs A Critical Analysis

Submitted by indigoadmin on Wed, 04/08/2020 - 11:36

On 26 March 2020, the Ministry of Health and Family Welfare (Health Ministry) legalised the doorstep delivery of certain drugs which are ordinarily sold by way of prescription only (Notification). These include Schedule H drugs, except narcotics, psychotropics and controlled substances, as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985; Schedule H1 drugs, under the Drugs and Cosmetics Rules, 1945 (Drug Rules); and Schedule X drugs, under the Drugs Rules.