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BLC Sideline: Avoiding the indeterminate NDA

Let’s review how a typical Non Disclosure Agreement (NDA) gets signed. Someone pulls a standard template, sends it to the other side, and the Parties sign without ever having any lawyer actually read its terms. Most of the problems this creates are fairly well known- unenforceable damages clauses, conflict of laws issues, overbroad definitions for what actually constitutes “confidential information”, and so on and so forth. Without discounting the relevance of the other usual

The BLC Stance: Demat before the deal

When any company acquires a "small" company (as defined in Section 2[85] of the Companies Act, 2013), specifically, where the acquisition results in the acquirer gaining 51% or more of the outstanding shareholding of the target, the acquirer's advisers will often ask that the target's shares be dematerialised before closing. In this BLC Stance, we explain the practical benefits of this position, along with its limitations, so that you can form your own independent stance whil

The BLC Brief: September 2026

Here's an update from the world of law and compliance in the month of September 2026. Employment & Labour 1. Provident fund wage ceiling raised from ₹15,000 to ₹25,000 The Union Cabinet approved a higher statutory wage ceiling for provident fund coverage, applicable from 17 September 2026. Employees earning up to ₹25,000 a month now fall within mandatory PF, pension and deposit-linked insurance cover, and pension contributions are computed on the higher base. What it means: A

Women Directors as Alternate Directors: Seeking Clarifications

A version of this article was posted on April 13, 2016 on the author’s LinkedIn page, and can be accessed here Introduction In the August of 2015, BASF India appointed Germany-based Andrea Frenzel as a non-executive director to comply with the law on having women directors on company boards.[1] On the same day it appointed N J Baliga, a male, as an alternate director to attend meetings in place of Frenzel.[2] Proxy firm Shareholder’s empowerment Services (“SES”) has termed th

The curious case of Mary Roy

A version of this article was posted on May 18, 2020 on the author’s LinkedIn page, and can be accessed here People who have read Arundhati Roy's iconic Booker winning book "The God of Small Things" will be familiar with the story of her mother Mary Roy, on whom the character of Ammu was very loosely based. In an interview, she clarified that while most of the story is a loose autobiography by Roy of her Kottayam (in Kerala) based family, in reality Mary never had any affair

“Atleast” flexibility in claims for having prior use of trademark

“The Court finds the phrase ‘at least’ in Mr. Hongru’s affidavit to provide legal flexibility. This wording allows for the possibility of earlier use, merely establishing a confirmed baseline for usage.” The above obiter is from a judgment dated July 1, 2024 of the Delhi High Court, speaking through its bench comprising of Justice Sanjeev Narula, while granting an interim injunction in a trademark infringement matter. [Dongguan Huali Industried Co. Ltd. v. Anand Aggarwal and

Broader Implications Of The Supreme Court’s Pandurang Judgment on Co-operative Banks

A version of this article was published on LiveLaw.in on May 26, 2020, and can be accessed here In a judgment pronounced by a five judge bench in the case of Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited [Supreme Court Civil Appeal No. 5674 of 2009] ("Pandurang”), the apex court has ruled that Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI”) is, in fact, applicable on Co-operative B

Banking on Force Majeure: Honouring Bank Guarantees in Times of a Pandemic

A version of this article was published on the popular blawg, IndiaCorpLaw, on April 28, 2020, and can be accessed here “Banks deal with documents and not with goods, services or performance to which the documents may relate” -Article 5 of the ICC Uniform Customs and Practice for Documentary Credits The existence of commercial laws is predicated upon a need to supplement trust, or the lack thereof, between parties entering into contracts. Amongst the galaxy of examples whic

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