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Impact of Business Transfers on Continuity of Prequalification Credentials

Summary: This article examines the impact of business transfers on pre-qualification credentials, including the interpretation by various courts on the position of their transfer in case of business transfers through a scheme of arrangement or through a slump sale of an undertaking, and discusses the important factors required to ensure successful transfer of pre-qualification credentials.

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Directors and Officers Liability Insurance Policy in India: Key Practical Considerations

Summary: This blog provides a comprehensive overview of Directors and Officers Liability Insurance policies in India, highlighting their coverage structure and associated nuances. It examines critical practical considerations, including knowledge attribution, coverage for past officers, fraud exclusions and the importance of truthful disclosures. It seeks to guide individuals on their rights as policyholders and aid them in entering into new policies or renegotiating their existing policies.

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The Cosmos of Cosmeceuticals in India

Summary: Cosmeceuticals are topical products with biologically active ingredients that blur the line between cosmetics and pharmaceuticals. Such products have gained significant market traction in India, yet occupy a regulatory grey zone with no independent legal status under the Drugs and Cosmetics Act, 1940. This ambiguity forces businesses to strategically navigate compliance by carefully crafting product claims to remain within the “cosmetic” category while avoiding the stricter regulatory requirements applicable to “drugs” or “medical devices”.

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CCPS: An important instrument for startups and M&A structuring

Summary: This blog examines compulsorily convertible preference shares (CCPS), a vital capital raising instrument for startups and M&A transactions in India. It explores the legal framework and key benefits, including balancing investor-founder interests, attracting foreign investment, avoiding tax implications, and providing strategic flexibility, despite limited legislative guidance.

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Medical Device As Software: Has CDSCO Guidance Changed The Rules?

Summary: The CDSCO’s Draft Guidance on Medical Device Software only clarifies how the existing Medical Devices Rules apply to software across its lifecycle, but does not create any new regulatory requirements. Its significance lies in signalling a more structured, risk-based and lifecycle-oriented approach to regulating software-driven healthcare products in India.

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Simplifying Land Conversion in Maharashtra: The Maharashtra Land Revenue Code (Second Amendment) Bill, 2025

Summary: The blog discusses the Maharashtra Land Revenue Code (Second Amendment) Act, 2025 which marks a significant shift in land governance. It simplifies procedures for conversion to non‑agricultural use and reduces regulatory approvals, where such use is permitted under planning laws. By streamlining permissions and introducing a one‑time premium model in lieu of recurring non‑agricultural assessment, the amendment seeks to accelerate development while modernising revenue administration.

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Summary: This article examines the legal framework governing director removal under Section 169 of the Companies Act, analysing the balance between shareholder democracy and directorial protection through recent judicial pronouncements. It explores the procedural safeguards, compliance requirements, and practical challenges companies face when removing directors, especially if they are also shareholders.

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NHAI’s Move to End Arbitration for Major Disputes: Reform or Reversal?

Summary: The recent circular published by the Ministry of Road Transport & Highways in respect of dispute resolution process under the EPC, BoT and HAM projects, marks a significant policy shift with clear and direct implications for road developers and investors in the infrastructure sector developing road projects.

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Disposal of Unsubscribed Portion in Rights Issue: Legal Position in India

Summary: The Board’s discretion to dispose of unsubscribed portion of rights issue to non-shareholders was made a bit easier by the Companies Act, 2013, by giving more flexibility to the Board as compared to the language used in the 1956 Act. However, whether such disposal is tantamount to a preferential allotment or a public offer (when offered to more than 200 persons) has always been a subject of legal debate. This blog demystifies the legal position and clarifies the applicability of the RBI’s pricing guidelines under FEMA, when such allotment is made to a non-resident investor.

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Summary: The Indian sports endorsement sector has evolved from informal handshake deals to sophisticated, legally enforced contracts, driven by exponential growth in sports fandom, digital rights, and player recognition. Modern endorsement agreements require careful negotiation of product categorisation, exclusivity terms, social media deliverables, and provisions governing players’ personal choices to create resilient, commercially meaningful partnerships.

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