Law Offices of Navin Kumar

  A guide to business set-up in India for foreign companies India, with its vast consumer base, diverse culture, and rapidly growing economy, presents an enticing prospect for businesses looking to expand their global footprint. However, like any international venture, establishing and operating a business in India requires a thorough understanding of the legal framework, regulatory compliance, and cultural nuances. In this article, we'll delve into the key aspects of doing business in India, covering essential legal considerations, procedures, and processes. Non-residents are required to comply with India’s foreign exchange regulations, specifically, the regulations governing FDI while setting-up India operations or investing in India. Most facets of foreign currency transactions with India are governed by FEMA and the delegated legislations thereunder. Investments in, and acquisitions (complete and partial) of, Indian companies by non-resident entities and individuals, are govern...

The Hon’ble Supreme Court by a seven Judges bench decision overrules 'N.N. Global Mercantile' Judgment. In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899:   And With Arbitration Petition No. 25 of 2023 : Date of decision:- 13.12.2023 In a unanimous ruling, a seven-judge panel of the Hon’ble Supreme Court has held that unstamped or inadequately unstamped arbitration agreements do not automatically become void or unenforceable from the outset. According to the Court, objections to an arbitral tribunal's jurisdiction based on inadequate or unpaid stamp duty cannot be decided on an initial or surface level examination. Resolving such objections necessitates a thorough review of evidence, submissions, and legal as well as factual findings. The bench emphasized that compelling courts to address stamping issues during Section 8 or Section 11 proceedings would contradict the legislative intent behind the Arb...

In a significant move, the Ministry of Finance, through its official gazette, has announced an enhancement of the Foreign Direct Investment (FDI) limits for satellite-related activities under the FEMA (non-debt instrument) Rules. As outlined in the notification, the investee entity is required to adhere to sectoral guidelines issued by the Department of Space. These new regulations, referred to as the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2024, has come into effect on April 16, 2024. Union Cabinet Approves Revised FDI Policy for Space Sector. On February 21, the Union Cabinet approved revisions to the FDI policy for the space sector, allowing up to 100% foreign investment under the automatic route for specific activities, including the manufacturing of components, systems, and subsystems for satellites. This notification follows the approval of the Union Cabinet in February. It establishes a more accessible entry route and provides clarity on FDI i...

Sexual  harassment of women in the workplace poses a significant concern in India, as it directly violates the constitutional guarantees of equality, dignity, and the right to a safe working environment. In today’s world, a large number of women entering the workforce in all sectors, there is also an increased incidence of such malpractices exposing sexual harassment within professional setups. The turning point for the protection of women in India came in the Vishaka v. State of Rajasthan case, after which the Supreme Court laid down the Vishaka Guidelines in 1997. These guidelines were later incorporated into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), which duly prescribes mechanisms for prevention of sexual harassment by setting up Internal Complaints Committees (ICCs), campaigning  awareness programs, and stipulated inquiry timelines. This study examines the growing protection from workplace harassment, both le...

In the modern economy, companies are not only operating to make a profit or to increase their scale of operations. They play an influential role in society as well as the developmental framework of the nation. Corporations have access to wide markets, advanced technologies, and talented individuals, which help them not only to succeed but also to become financially stable. But alongside their achievements, they acquire a duty, the duty to pay back to the community that fosters their development. This is where the concept of Corporate Social Responsibility (CSR) gains light. In India legal foundation of Corporate Social Responsibility (CSR) is Section 135 of the Companies Act, 2013. It requires companies that exceed a specified financial threshold to invest at least 2% of their average net profits for the previous three years in CSR initiatives. These activities can be from a wide range of sectors such as education, health care, women's empowerment, environmental protection, and rur...