Publications

CONSUMER PROTECTION VS ABUSE OF RIGHTS: THE CJEU ON WITHDRAWAL RIGHTS

CONSUMER PROTECTION VS ABUSE OF RIGHTS: THE CJEU ON WITHDRAWAL RIGHTS

Consumer protection law is designed to correct imbalance. It gives consumers a shield against better-informed, better-organised traders, especially in distance selling, where the consumer cannot inspect the service or negotiate face to face. In a recent judgment, the Court of Justice of the European Union addressed three highly important issues relating to consumer protection law. Does the use of a professional intermediary affect consumer status? What exactly qualifies as a distance contract? What limits the exercise of the right of withdrawal? We analyse the judgement below.

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WHERE WORK GOES, LAW FOLLOWS? THE CJEU CLARIFIES HABITUAL PLACE OF WORK

WHERE WORK GOES, LAW FOLLOWS? THE CJEU CLARIFIES HABITUAL PLACE OF WORK

Cross-border employment relationships frequently raise complex questions regarding the law applicable to employment contracts. What qualifies as the employee’s habitual place of work if the place of work changes during the course of the employment relationship? The Court of Justice of the European Union had to answer this question in the Locatrans case which we analyse below.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

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LITIGATION UPDATE: WOMAN SUBJECTED TO HARASSMENT BY AN OUTSIDER CAN APPROACH ICC UNDER POSH

LITIGATION UPDATE: WOMAN SUBJECTED TO HARASSMENT BY AN OUTSIDER CAN APPROACH ICC UNDER POSH

The Supreme Court in Dr. Sohail Malik v. Union of India & Anr., has clarified the jurisdiction of Internal Complaints Committees (“ICC”) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The Court held that the ICC constituted at the workplace of the aggrieved woman is competent to inquire into a complaint even when the respondent is employed in a different department or organisation. The expression “where the respondent is an employee” in Section 11 of the POSH Act was interpreted as procedural and not as a jurisdictional limitation. The Court further held that surrendering jurisdiction to the ICC of the respondent’s department would defeat the remedial purpose of the statute and create barriers for victims seeking redress.

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Litigation Update: Surrender of Reserved Land in Exchange for Development Rights Constitutes Valid Acquisition under the MRTP Act

Litigation Update: Surrender of Reserved Land in Exchange for Development Rights Constitutes Valid Acquisition under the MRTP Act

The Bombay High Court, in Milan CHSL v. Pune Municipal Corporation & Ors. held that surrender of land reserved under a sanctioned development plan in exchange for development benefits such as waiver of compulsory open space requirements and grant of higher FSI constitutes a valid acquisition by agreement under Section 126(1)(a) and (b) of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP”). Such development rights and FSI have measurable monetary value and amount to valid consideration, even if no monetary compensation is paid. Once possession is handed over pursuant to a concluded agreement and the landowner has availed the benefits of the sanctioned layout, title validly vests in the planning authority, and the landowner is estopped from challenging the acquisition or seeking declaratory and injunctive relief after an inordinate delay. Click here to read the Order of the Hon’ble High Court of Bombay.

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SEBI UPDATE: SAT DELIVERS SPLIT VERDICT IN BOMBAY DYEING CASE – MAJORITY ALLOWS THE APPEALS

SEBI UPDATE: SAT DELIVERS SPLIT VERDICT IN BOMBAY DYEING CASE – MAJORITY ALLOWS THE APPEALS

The Securities Appellate Tribunal (SAT) in four appeals in the Bombay Dyeing and Manufacturing Company Limited vs SEBI matter has set aside SEBI’s Orders dated 21 October 2022 passed by the Ld Whole Time Member and 31 October 2022 passed by the Ld Adjudicating Order, imposing penalties and restraints on Bombay Dyeing and Manufacturing Company Limited (Bombay Dyeing), its promoters, directors, and related entities. The majority of members of SAT, comprising the two Technical Members, have held that the Memorandum of Understanding (MoU) executed between the Company and its group company, SCAL Services Limited (SCAL), did not constitute fraudulent or unfair trade practices, as there was no evidence of intent to deceive investors or manipulate the market.

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LEGAL UPDATE | BOMBAY HIGH COURT DIRECTS SRA TO RESOLVE SLUM DWELLER GRIEVANCES THROUGH “SPECIAL CELLS”

LEGAL UPDATE | BOMBAY HIGH COURT DIRECTS SRA TO RESOLVE SLUM DWELLER GRIEVANCES THROUGH “SPECIAL CELLS”

The Bombay High Court, vide its judgment dated 23 December 2025 in Om Shri Sai Sra Co- operative Housing Society v. State of Maharashtra & Ors. (Writ Petition No. 3140 of 2019 and connected matters), disposed of a group of over 60 writ petitions by directing the newly constituted Special Cells under the Slum Rehabilitation Authority (SRA) to promptly and effectively address grievances of slum dwellers relating to certain specific issues. The Court emphasized amicable resolution in the first instance, highlighting that harmonious settlement without adversarial litigation is in the best interest of slum dwellers. Please click here to read the full Order.

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LEGAL UPDATE: MCA RELAXES DIRECTORS’ KYC COMPLIANCE AND EASES EXIT FOR GOVERNMENT COMPANIES

LEGAL UPDATE: MCA RELAXES DIRECTORS’ KYC COMPLIANCE AND EASES EXIT FOR GOVERNMENT COMPANIES

The Ministry of Corporate Affairs (“MCA”), by notification dated 31 December 2025, has amended the Companies (Appointment and Qualification of Directors) Rules, 2014, to substantially ease the compliance burden on company directors by replacing the annual Know Your Customer (“KYC”) filing requirement with a triennial regime. The amendments also introduce a simplified KYC web-based form and facilitate easier voluntary closure of sick government companies through the Centralised Processing Centre (“C-PACE”). The changes will come into force from 31 March 2026. Please click here to read the Notification

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COMPANY LAW UPDATE | REDEFINING ‘SMALL COMPANIES’

COMPANY LAW UPDATE | REDEFINING ‘SMALL COMPANIES’

The Ministry of Corporate Affairs (“MCA”) has, vide notification dated 1 December 2025, notified the Companies (Specification of definition details) Amendment Rules, 2025 (“Amendment Rules”), substantially revising the thresholds for determining a “Small Company” under Section 2(85) of the Companies Act, 2013. The Amendment Rules have come into force with immediate effect from 1 December 2025, and significantly expand the ambit of companies eligible for the relaxed compliance regime applicable to Small Companies.

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