Gavel Speak
“Governor must act with due deference to the settled conventions of parliamentary democracy; respecting the will of the people being expressed through the legislature as-well as the elected government responsible to the people.”
   - A bench of Justices JB Pardiwala and R Mahadevan, holding that the executive cannot delay assenting to bills.

The Big Signal
Influencers versus brands: Who should the consumers trust?  
Influencer marketing – a space so cluttered despite being so new – has repeatedly highlighted the need for robust guidelines and regulations. While the Advertising Standards Council of India (ASCI) has issued certain guidelines outlining content creators’ and influencers’ responsibilities regarding paid promotions, the content itself, much like other creative formats, remains largely unregulated. It is only when content creators take on big brands that we see pushback in the form of lawsuits.

This week, Dettol dragged content creators to court over allegedly defamatory remarks made against its antiseptic liquid. According to Reckitt Benckiser India, comments made on a podcast featuring Raj Shamani, Ritik Chaturvedi, and dermatologist Dr. Manjot Marwah were false, misleading, and defamatory. As part of an amicable settlement, however, the podcast creators agreed to remove the objectionable content from the episode while retaining the rest.

While this instance ended on a conciliatory note, it also underscores a critical truth: in an age of influencer and digital marketing—where creators enjoy immense reach and influence over consumer perception—brands have become both accountable and vigilant. This double-edged sword of influencer marketing, when wielded responsibly, can empower consumers by exposing false claims and compelling brands to be more transparent. At the same time, content creators must tread carefully, as they risk being taken to court if their assertions are misleading or unsubstantiated—especially when challenging established players who will fiercely protect their brand reputation.

Ultimately, the onus lies with the consumer: to remain discerning, to do their own research, and not to accept any claims—whether by brands or influencers—at face value.

The Week That Was
Key Rulings: 

• The Supreme Court, in a landmark ruling, prescribed a timeline for the Governors and the President to assent to bills passed by the legislature. While ruling on a case concerning Tamil Nadu governor sitting on bills, the court said that the executive has to act on the aid and advice of the council of ministers and does not have any discretion on the issue of assenting to bills.
  The Supreme Court has held that market regulator SEBI cannot pass multiple orders on the same issue given that the principle of res judicata, legalese for a matter that has already been judged, applies. 

Courts

• Karnataka High Court set aside an NCLT order that directed Aakash to maintain status quo in its shareholding status.
• The Delhi High Court asks influencer Raj Shamani and dermatologist Dr. Manjot Marwah to remove defamatory content against Dettol antiseptic liquid after Dettol’s parent company filed a defamation suit against the two.
• The 94-year-old Doon School of Dehradun has won a trademark suit against one Doon School of Srinagar after a Dehradun court directed the latter refrain from using the former’s trademark given that there is no association between the two institutions.
• A Delhi court has remanded 26/11 accused Tahawwur Rana to NIA custody for 18 days. Rana was extradited to India from US.

Quasi Courts

• Pine Labs secures approval from NCLT to reverse-flip and relocate its parent entity from Singapore to India.
• Shapoorji Pallonji & Co. gets a notice from NCLT in an insolvency plea against it over alleged dues of 2.72 crore rupees filed by a Chennai-based firm 

Others

• The Singapore Supreme Court has set aside an international arbitral award penned by a panel headed by former Chief Justice of India Dipak Misra given that significant portion of the award was copy-pasted from previous similar Indian awards.
• Supreme Courts of India and Nepal sign an MoU in the field of judicial cooperation between the two countries.

The Big Listings

• April 15: The Delhi High Court will hear a trademark case filed by Elon Musk’s Tesla Inc. against an Indian firm called Tesla Power India Pvt. Ltd.
• April 16: Supreme Court to hear a batch of petitions challenging the newly passed Waqf Amendment Act
• April 21: The Bombay High Court will resume its hearing on the case filed by Skoda Volkswagen’s India unit against the show-cause notices issued to it by customs authority
• April 24: Karnataka High Court is set to hear X’s lawsuit against the Indian government over “unrestrained censorship” of content on its platform
• April 30: NCLT Bengaluru bench will hear the case about Aakash Educational Services Ltd’s shareholding amid Byju’s insolvency case
• May 5: Supreme Court to hear a batch of cases relating to the GST notices sent to online gaming apps

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• Pradyuman Dubay, Saurabh Tiwari and Saleem hasan Ansari leave DSK Legal Partners to join C&S Partners
• Hitesh Agrawal joins Vidhigya Associates as partner
• Jacob George promoted to partner in River Law
• Neha Bhutoria and Kishan Bharadwaj promoted to partnership at SKS Advisor