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  • Article

    Failure To Obtain Occupation Certificate By Builder Is A 'Deficiency In Service' Under The Consumer Protection Act

    Recently, the Hon'ble Supreme Court of India ("SC"), in the case of Samruddhi Co-operative Housing Society Ltd. ("Appellant") vs. Mumbai Mahalaxmi Construction Pvt. Ltd.
    IndiaConsumer Protection
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    New Education Policy 2020 – A Paradigm Shift

    On July 29, 2020 the Union Cabinet approved the National Education Policy 2020 ("NEP") that replaces the 34 years old National Policy of Education...
    IndiaConsumer Protection
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    CMS INDUSLAW
  • Article

    Tightening Beneficial Owner Framework: The Press Note 3 Impasse

    By now, the people initiated to the subject matter have been well aware of the protectionist measure undertaken by the Government of India (the "GoI") towards curbing opportunistic takeovers...
    IndiaCorporate/Commercial Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Recent Judgement By The Constitution Bench Of The Supreme Court Of India: Unstamped Arbitration Agreements Are Not Valid In Law

    On 25 April 2023, a Constitution Bench of the Supreme Court of India, in a reference from NN Global Mercantile Pvt Ltd v Indo Unique Flame Pvt Ltd, held by a 3:2 majority, that unstamped arbitration agreements...
    IndiaLitigation, Mediation & Arbitration
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    CMS INDUSLAW
  • Article

    The Recap A Round-Up Of Media, Entertainment & Gaming Industries' Legal Updates - Volume 3: November 01 - December 31, 2021

    Premiering on 6 September 1955 on the ABC network in the USA, The Life and Legend of Wyatt Earp became a trendsetter TV show in multiple ways.
    IndiaMedia, Telecoms, IT, Entertainment
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Electrifying Indian Mobility Report July 2022

    2022 is proving to be a record year for EV sales giving a much-needed validation and confidence for consumers weighing their options between ICE vs EV...
    IndiaEnvironment
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  • Article

    The Recap: A Round-Up Of Media, Entertainment & Gaming Industries' Legal Updates - Volume 18: October 2023

    In 1865, when the automotive industry was still in its nascent stage, British Parliament enacted a law (which later came to be known as the ‘Red Flag Act'), which placed several unreasonable restrictions on self-propelled road vehicles.
    IndiaMedia, Telecoms, IT, Entertainment
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Competition Commission Of India And Google: Regulatory Overreach?

    The Competition Commission of India directed the Director General to conduct an investigation into the alleged anti-competitive conduct of Google in the market concerning smart television .
    IndiaAntitrust/Competition Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Reverse Flips - Fast Tracked?

    Amidst the increasing demand for internalization into India from foreign jurisdictions, on September 09, 2024, the Ministry of Corporate Affairs (the "MCA")...
    IndiaCorporate/Commercial Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The Code Of Wages

    The Code on Wages, 2019 ("Wages Code") amalgamates 4 central labour laws – the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, the Equal Remuneration Act, 1976 and the Minimum Wages Act, 1948.
    IndiaEmployment and HR
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    In Pursuit Of A Level Playing Field – RBI's New Draft Guidelines For Payment Aggregators

    With India moving closer to the financial inclusion mission day by day, digital payments have seen wide acceptance. A large section of the population has found comfort...
    IndiaFinance and Banking
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    CMS INDUSLAW
  • Article

    RBI Opens The Door To Bank-funded Acquisitions: A Measured Shift, Not A Credit-Market Reset

    On February 13, 2026, the Reserve Bank of India ("RBI") released its Reserve Bank of India (Commercial Banks – Credit Facilities) Amendment Directions, 2026 ("Amendment").
    IndiaFinance and Banking
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Amendment To The Liquidation Process: Tightening Of Norms

    On January 6, 2020, the IBBI notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 to further amend the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    From Libraries To Large Language Models: The New Meaning Of "Research"

    The Delhi High Court's landmark ruling in ANI Media v. OpenAI addresses whether training generative AI models on copyrighted content constitutes copyright infringement under Indian law. Through an expansive interpretation of "research" under Section 52(1)(a) of the Copyright Act, 1957, the Court examines whether a statute enacted decades ago can accommodate modern AI technology and whether commercial entities can claim fair dealing defenses originally framed around private use.
    IndiaIntellectual Property
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    We Are Still The People: Ownership Of IP In The Developing World Of AI

    In our first article2, we briefly examined some of the intriguing and hotly debated legal issues around ownership in the context of Artificial Intelligence (AI) generated work product.
    IndiaIntellectual Property
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Allottees Not Precluded From Claiming Interest Merely For Non Execution Of Agreement For Sale: MREAT

    Recently, the Maharashtra Real Estate Appellate Tribunal ("MREAT"), in two cross appeals1 filed by Deepak Bhandari & Ors ("Allottees") and Surana Construction & Ors...
    IndiaReal Estate and Construction
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Goods And Services Tax On Liquidated Damages

    The payment or deduction of liquidated damages is not a desired outcome of a contract and does not discharge the contractor from its obligations under the agreement.
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Onshoring The Offshore - A Gift To Indian Innovators

    Indian startup ecosystem has evolved considerably since the early days of economic liberalization. The startup ecosystem has become an engine of growth and job creation...
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Perquisite Income From ESOPs Is Attributable To Services Performed Prior To Their Grant | Held Taxable In India For A Non-Resident | Benefit Of Article 15 Of India-UAE DTAA Denied

    Incentivizing key personnel through equity participation is an internationally accepted practice. Grant of stock options or sweat equity in the employer company has significant value attached to it and, consequentially, a huge tax outgo.
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The Semiconductor Industry In India: Policy Framework, Investment Structures And Supply-Chain Considerations

    The evolution of semiconductor economics has been shaped by Moore's Law, the empirical observation that transistor density on integrated circuits doubles approximately every 2 (two) years, enabling continuous improvements in performance and cost efficiency.
    IndiaStrategy
    CMS INDUSLAW
    CMS INDUSLAW

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