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Unseen Influence of Shadow Directors: Does it compromise corporate governance?

Introduction

The Companies Act, 2013 (“CA 2013”) defines a director as a person who has been appointed to the Board of a company[1]. Directors typically have various duties and obligations towards the company, shareholders and all other stakeholders. They are also subject to civil and criminal liability under CA 2013, as well as under various other statutes, which have a standard vicarious liability clause for directors and officers of the company. In this context, another concept that emerges is of a “shadow director” or a “deemed director” who is a person not officially appointed to the Board but on whose instructions and directions the Board is accustomed to act upon. In this blog, we analyse the legal position surrounding “shadow directors” in India and the United Kingdom (“UK”).

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FIG Paper (No. 43 – VDA Series 5) India’s Stablecoin Industry – Reacting to Global Regulations & Market Trends

Stablecoins, which are virtual digital assets (“VDA”) typically pegged to stable assets like fiat currencies, are being recognised as the cornerstone of digital finance revolution, delivering a blend of traditional currency stability and decentralised innovation. As their global adoption accelerates — from everyday retail transactions/ cross-border remittances to institutional treasury operations — governments worldwide are realising that clear, forward-thinking regulation can foster innovation and help their economies stay ahead of the pack.

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Paneer or Not Really Paneer? Navigating the Regulatory Landscape of Dairy Analogues in India

Introduction

In the Indian culinary landscape, for a substantial segment of the population, particularly those adhering to vegetarian diets, paneer serves not merely as a delicacy but as a vital source of protein and essential nutrients, effectively stepping in where non-vegetarian options might otherwise feature. From rich curries to flavourful stir-fries, delectable snacks and desserts, Indians consume paneer in different forms. However, recent concerns regarding proliferation of ‘fake’ paneer in the market have created doubts and apprehensions in the minds of Indian consumers.

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“One Level Below”: Clarifying the Hierarchical Position of the Compliance Officer under SEBI LODR Regulations

Regulation 6(1) of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“SEBI LODR Regulations”), requires every listed entity to appoint a company secretary as a compliance officer. The responsibilities of such an officer includes, among other things, ensuring compliance with regulations, coordinating with relevant authorities, verifying accuracy of submissions, and overseeing grievance redressal mechanisms. On April 1, 2025, the Securities and Exchange Board of India (“SEBI”) released a clarification[1] on the position of the compliance officer in terms of Regulation 6 of the SEBI LODR.[2]

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Reject patent application on merit, not for failing to follow procedure: Delhi High Court

The Delhi High Court, on February 24, 2025, passed an order in Arcturus Therapeutics v. Controller of Patents[1], remanding the case back to the patent office for reconsideration by the Assistant Controller of Patents on merit.

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‘Fair Use’ in the Age of AI

The advent of large language models (“LLMs”) such as OpenAI’s GPT and Google’s Gemini has revolutionised how content is created, consumed, and commercialised. These generative AI systems, trained on massive volumes of publicly available data, can now generate human-like expressions at unprecedented pace and scale. While such technological advances are to be welcomed for their potential to enhance human capacity and to contribute to the progress of knowledge, they also raise fundamental yet profound questions about the extent to which the law is equipped to regulate such an foreseeable development.

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Linear Projects No Longer Exempted Under EIA Notification

Introduction

On March 17, 2025, the Ministry of Environment, Forest and Climate Change (MoEF&CC) notified a pivotal amendment to India’s Environmental Impact Assessment (EIA) Notification, 2006. This amendment reversed a four-year-long exemption granted to certain excavation activities carried out for linear infrastructure projects, such as roads, pipelines, and transmission lines. The change introduces a new Appendix XIV to the EIA Notification, formally defining “linear projects” and setting out standard operating procedures (SOPs) and safeguards that must be followed when sourcing or borrowing “ordinary earth” for such works. The revised position replaces the controversial Item 6 of Appendix IX, which was introduced via the 2020 amendment and was later struck down by the Supreme Court of India.

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Tobacco Control Laws in India: Ambit of restrictions on consumption, advertisements and packaging of cigarettes

Introduction

The consumption of tobacco products continues to be a major public health issue in India, with smoking-related diseases causing numerous deaths annually. According to estimates cited in the World Health Organization’s (“WHO”) ‘Economic Costs of Diseases and Deaths Attributable to Tobacco Use in India’ study, “the economic burden of diseases and premature deaths attributable to smoking and smokeless tobacco use by persons over 35 years of age in India is over 1% of India’s GDP”. Further, the expenditure incurred to treat tobacco related illnesses and diseases accounts for 5.3% of the total private and public health spending in India in a year[1].

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Draft Guidelines for Examination of Computer Related Inventions 2025

Introduction

  • Computer Related Inventions (“CRIs”) comprise of inventions involving the use of computers, computer networks or other programmable apparatus and techniques related thereto and include inventions having one or more features that are realised wholly or partially by means of a computer hardware/ software. To foster uniformity and consistency in examining applications with respect to CRIs, the Office of the Controller General of Patents, Designs and Trade Marks released “Guidelines for Examination of Computer Related Inventions (“CRIs”), 2017” (“2017 Guidelines”), which dealt with the various provisions to be considered by the patent office while dealing with patent applications related to CRIs.
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Designer Babies in India: Ethical Dilemma and Legal Roadblocks

Introduction

Imagine walking into a fertility clinic and choosing every detail of your future baby, including eye colour, height, intelligence, athletic ability, and even resistance to genetic diseases. Advancements in reproductive technology are pushing the boundaries of what is possible. In the United States, the demand for sperm and egg selection is soaring, with individuals spending thousands of dollars to “curate” their ideal baby. However, it is important to note that experts in the United States currently do not support the practice of creating designer babies through gene editing.

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