Weekly Indian Law & Legal Sector Updates 29th April 2017

Our weekly round up on Indian legal developments and the law.


Poor English results in SC setting aside Himachal HC order

Indian lawyers updates

The Tribune reported that an order of Himachal Pradesh High Court was set aside by the Indian Supreme Court as it was incomprehensible. The order of the High Court was remanded back to it for re-drafting. The message to Indian lawyers and the judiciary: keep it simple. 

Read the full article on The Tribune




The right to privacy & Aadhar Card issue needs to be settled by court: Attorney-General

Livemint reported that India’s Attorney General’s (A-G) comments on the legal issues of Aadhaar card. The A-G addressed the importance of Aadhaar in  social welfare schemes, the right to privacy, the criticism of Aadhaar and collection of biometrics and  the role of the Unique Identification Authority of India.

Read more about the interview   on Livemint  http://www.livemint.com/Politics/k8iqZg5Yxa6q1cfYKLSgmK/The-larger-question-on-privacy-needs-to-be-settled-by-court.html



Indian Goods & Service Tax reform “an act of courage”: IMF chief

India Today reports that the IMF Chief Christine Lagarde appreciated the Indian Government’s GST reform aimed at the creation of a uniform market by substituting the local levies with a federal tax regime. The political will of the present government in bringing the Indian bankruptcy law and demonetization was also acknowledged.

Full Article on India Today http://indiatoday.intoday.in/story/gst-reform-an-act-of-courage-imf-chief/1/934226.html



Corporate Affairs Ministry amends Indian Companies Act and adds new rules

Indian Corporate and Company law sees a major shift with the newly notified Section 234 of The Companies Act 2013. This widens the scope and ambit of mergers between Indian and Foreign companies. The Business World reported the change in law and its implications on the Indian Companies and the Corporate sector.

Find the Notification on http://www.mca.gov.in/Ministry/pdf/section234Notification_14042017.pdf  and the Amendment to the rules on http://www.mca.gov.in/Ministry/pdf/CompaniesCompromises_14042017.pdf

Read about the impact on Business World http://businessworld.in/article/Corporate-Affairs-Ministry-Tweaks-Companies-Act-Adds-New-Rules/21-04-2017-116794/

and in  The Economic Times



WhatsApp Privacy Policy: Govt states to SC its Working on a Data Protection policy. 

Bloomberg Quint reported that the Attorney General of India (A-G) requested the Supreme Court to postpone the hearing of the Whatsapp privacy policy matter as the Telecom Regulatory Authority of India (TRAI) is of formulating a comprehensive data protection framework, which will be finalised in a few months and could potentially affect the case.

Read a brief history of the matter on Bloomberg Quint https://www.bloombergquint.com/technology/2017/04/18/whatsapp-privacy-policy-government-tells-supreme-court-its-working-on-data-protection



Trump order a future challenge for Indian immigration in the IT Sector 

The latest executive order of the US Government concerning immigration and the H-1B visa to further the ‘Hire American’ Policy and its impact on Indian IT firms’ hiring scheme in future. The Times of India report focuses on the immediate effect of the order and the profitability of the industry.

Full article on The Times of India http://timesofindia.indiatimes.com/business/india-business/trump-order-a-future-challenge-for-indian-it/articleshow/58273100.cms



Indian Arbitration: CJI advocates ” zero govt. role”  in arbitration process

The Hindu reported Justice J.S. Khehar, the Chief Justice of India (CJI), who delivered a speech at the inaugural ceremony of the Engaging Asia Arbitration Summit. The CJI spoke on the increasing potential of India in International Commercial Arbitration in the continent and the promotion of Alternative Dispute Resolution (ADR) methods by the government and the judiciary.

Find the full article on The Hindu on this link:  http://www.thehindu.com/news/national/india-becoming-hub-of-international-arbitration-cji/article18189439.ece



India and the European Union continue talks and trade 

The Hindu reported the visit of Federica Mogherini, High Representative of the European Union to India. It reported that this will boost ties between India and EU which were impacted by the on going Italian Marines issue.  It also reported a possible relaunch of ‘Joint working groups’ in the sector of Science & Technology and Defence.

To read more, : http://www.thehindu.com/news/national/india-eu-likely-to-resume-talks/article18161848.ece



Mondelez India bribery case may see top guns face off in the US

The Economic Times reported that a team from the US Department of Justice may visit Mondelez India to investigate the 7-year-old bribery and corruption case against Mondelez Inc under the USForeign Corrupt Practices Act regime, against each other, since one of them left the department and has been hired by Mondelez to fight the case.
Read the details of the case on The Economic Times http://economictimes.indiatimes.com/news/company/corporate-trends/probe-into-seven-year-old-mondelez-india-bribery-case-likely-to-conclude-by-month-end/articleshow/58287616.cms



Eight women’s panels seek stringent law on sham marriages by NRI’s

WebIndia123 reported that Women Commissions from 8 States of the country got together and insisted on a stricter law on the issue of sham marriages by Non Resident Indian bridegrooms at a national seminar organised jointly by the Punjab State Commission for Women and the National Commission for Women.

Find the full article on Webindia123 http://news.webindia123.com/news/Articles/India/20170420/3096774.html



Outsourcing Woes: Indian IT firms facing more US lawsuits with changing business environment

There is a worrying trend in  lawsuits against Indian IT firms over alleged breaches of contract and delayed service delivery in the outsourcing and IT sectors.  This report by the Business Standard analyses the effect of changing dynamics on business leading to the increase in lawsuits against Indian Companies and Corporates in this sector.

Read the full article on Business Standard http://www.business-standard.com/article/companies/indian-it-firms-face-more-lawsuits-with-changing-business-environment-117042100453_1.html