LEX-LUMIS

India enacts New Criminal Legislations to Replace 150 years old laws

In December 2023, 3 new Criminal Legislations, namely the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (Evidence Act), respectively. These 3 new

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India passes new Digital Personal Data Protection Law

On 09 August 2023, the Indian Parliament passed the much awaited Digital Personal Data Protection Bill, 2023 (“DPDP Bill“). The DPDP Bill seeks to introduce data protection law with minimum disruption while ensuring necessary change in the way Data Fiduciaries (i.e. persons who determines the purpose and means of processing

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India notifies New Information Technology Rules for Online Real Money Games

On 6 April 2023, the Indian Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (Amendment Rules), primarily for online real money games, to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT

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Key Highlights of the Indian Budget 2023-24

The Finance Minister of India, Mrs. Nirmala Sitharaman, presented the Union Budget for the financial year 2023-24 on 1 February 2023 (Budget), which draws the blueprint for India @100, presenting a vision for ‘Amrit Kaal’ (the best and the most auspicious time), for an empowered and inclusive economy for a prosperous India.

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India overhauls Overseas Investment Regulations for ease of doing business

The Government of India in consultation with the Reserve Bank Of India (RBI) on 22 August 2022 notified the Foreign Exchange Management (Overseas Investment) Rules, 2022 (Overseas Investment Rules) and Foreign Exchange Management (Overseas Investment) Regulations, 2022 (Overseas Investment Regulations) in supersession of Foreign Exchange Management (Transfer or Issue of

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Nationals from Countries sharing Land-Border with India considering appointment as Directors in Indian Companies now to obtain prior Security Clearance from the Government of India

The Ministry of Corporate Affairs (MCA), Government of India (GoI) through its notification dated 01 June 2022 (Notification), notified the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022 (Amendment Rules) to further amend the Companies (Appointment and Qualification of Directors) Rules, 2014 (Rules). Pursuant to the Rules, every person

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SEBI tightens rules pertaining to Related Party Transactions

The Securities and Exchange Board of India (SEBI), the Indian securities market regulator, notified through a press release (Press Release), amendments to the provisions of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 relating to related parties (RP) and related party transactions (RPT) (Amendments). The Amendments will come into effect

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India scraps retrospective tax on indirect transfer of Indian assets

In a major development providing significant relief to the foreign investors, the Taxation Laws (Amendment) Act, 2021 (“Amendment Act”) was enacted on 13 August 2021, amending the contentious retrospective tax provisions under section 9 of the Income Tax Act, 1961 (“IT Act”) and section 119 of the Finance Act, 2012

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SUPREME COURT OF INDIA UPHOLDS ENFORCEMENT OF ARBITRAL AWARD

On 6 August 2021, in Amazon.Com NV Investment Holdings LLC Versus Future Retail Limited & Ors. the Supreme Court of India decided two important questions of law: whether an emergency award under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) can be said to be an order

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SEBI notifies amendments pertaining to Independent Directors

The Indian securities market regulator, the Securities and Exchange Board of India (SEBI), in its Board Meeting held on 29 June 2021 took various significant decisions, including approving certain amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR) pertaining to Independent Directors (IDs), based on which, on

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Key Highlights of the Indian Budget 2021-2022

The Finance Minister of India presented the Union Budget for the financial year 2021-2022 on 1 February 2021 (Budget).  The Budget is geared towards a hopeful reset of the Indian economy amidst the Covid-19 crisis and seeks to facilitate strategic disinvestment, and bolster several sectors such as infrastructure, roads and

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India releases Consolidated FDI Policy, 2020

The Department for Promotion of Industry and Internal Trade (DPIIT) has on 28 October 2020 released the “Consolidated Foreign Direct Investment Policy 2020” (FDI Policy 2020) that has come into effect from 15 October 2020. The FDI Policy 2020 subsumes and supersedes all previous Press Notes/ Press Releases/Clarifications issued prior

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The Foreign Contribution (Regulation) Amendment Act, 2020

The Foreign Contribution (Regulation) Amendment Act, 2020 (FCRA Amendment Act) which has come into force on 29 September 2020  amends the Foreign Contribution (Regulation) Act, 2010 (FCRA) and in order to enhance transparency and accountability in the receipt and utilisation of foreign contribution and facilitate genuine non-governmental organisations or associations

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India amends Companies Act to further promote Ease of Doing Business

The Indian Parliament has recently passed the Companies (Amendment) Act, 2020 (Amendment Act), which has also been notified, to further amend the Companies Act, 2013 (Act) in another attempt to further decriminalize and rationalize certain offences under the Act, in case of defaults which can be determined objectively and which

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Government revises Foreign Direct Investment in the Defence Sector

The foreign direct investment (FDI) policy earlier permitted investment in the defence sector  through the automatic route up to 49% (forty nine percent) and FDI beyond 49% (forty nine percent)  through the government (approval) route. However, the  press note issued by the Department for Promotion of Industry and Internal Trade,

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40 under 40 Best Lawyers and Legal Influencers in India

The 40 Under 40 is a National Award recognizing and celebrating the fortitude of the top legal minds and best talent under the age of 40 years in India, who have shown unprecedented legal acumen, grit, leadership, achievement and dedication in their young career spans, driving the Indian Legal Industry

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