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What's the deal offshore

Island hopping to India

Choosing the best offshore centre for India-bound investment requires careful consideration of the risks and financial rewards. Nandan Nelivigi and Brendan McNallen compare the attractions of Mauritius, Cyprus and Singapore Foreign direct investment into India...
arbitration disoute resolution

Rules of engagement

By Ashok Sharma, MMTC
India’s arbitration legislation has moved forward in leaps and bounds but progress may be threatened by courts’ unwillingness to cede their influence Ashok Sharma explains. Those who use arbitration as a means of resolving disputes...
Baljit Singh Kalha,Jasman Boparai,Titus & Co

Compulsory notification of M&A deals

By Baljit Singh Kalha and Jasman Boparai,Titus & Co
The Competition Act, 2002, was enacted by parliament and received presidential assent in January 2003. However, the act has since been challenged in the Madras High Court and in the Supreme Court of India...
Abhixit Singh,Jasman Boparai,Titus & Co

Conciliation an effective tool for settling disputes

By Abhixit Singh and Jasman Boparai,Titus & Co
Conciliation is fast gaining popularity as a mode of dispute resolution in India with courts increasingly encouraging parties to conciliate in civil disputes before resorting to litigation. Conciliation is the process by which a conciliator,...
reliance industry Ambani brothers

Ambani brothers ordered to make up

The Ambani brothers and their booming Reliance Group were back in the spotlight in October when the Bombay High Court ordered the two brothers to renegotiate a controversial gas supply agreement. The row between Anil...
arbitration network global tender

Consortium opposes global tender

A decision by the government in Jammu and Kashmir to float global tenders for work on the 1200 MW Sawlakote power project led to a court battle in mid-October. A writ petition compiled by a...
Supreme court India Judicial reform

Calls for judicial reform

The need for judicial reform in India came under the spotlight in October after journalists and campaigners launched widespread protests against alleged corruption in the Supreme Court. The protest came after the Delhi High Court...

Battle strategies

Commercial disputes in India are slow, costly and all too likely to end in stalemate. Meticulous planning and the careful selection of advisers are crucial factors in achieving a successful outcome By Ben Frumin...
Mittal R S, Jasman Boparai, Titus & Co

Multi-level marketing is illegal, state courts say

By R S Mittal and Jasman Boparai, Titus & Co
The direct selling industry has been growing at 30% per year. Today, it has an annual revenue of about US$6 billion. According to the Indian Direct Selling Association (IDSA) there are about 15 large companies...

Legislative and regulatory update – October 2007

Banking Banks have to provide borrowers with a copy of any loan agreement, the Reserve Bank of India (RBI) said on 22 August. According to the RBI, some banks were violating the Guidelines on Fair...

Tribals take on UK mining giant

A British company’s long-running battle to mine bauxite in the Niyamgiri Hills has become a test case for India. Vedanta Resources’ fight in mineral-rich Orissa state faced a setback in September when the Supreme...

Indian firms may be allowed to advertise

The Bar Council of India in September proposed changes to a long-running policy banning law firms and lawyers from advertising. In a petition hearing before the Apex court of Justices BN Aggarwal, SH Kapadia and...
India Business Law Journal

Justice delayed

When it comes to economic growth and all the benefits that come with it, is India’s much-vaunted legal system more of a barrier than a facilitator? A recent feature in the Financial Times carried the...
Baljit Singh Kalha, Niranjan Raj, Titus & Co

Acquiring an outsourcing business may impact PE

By Baljit Singh Kalha, Niranjan Raj, Titus & Co
The recent and much discussed judgment pronounced by the Supreme Court of India in the case of DIT v Morgan Stanley & Co (MS Case), purports to have rendered a degree of finality to...
Niranjan Raj, Titus & Co

Enforcing foreign judgments in India

By Niranjan Raj, Titus & Co
The statutory framework for enforcement and execution in India of foreign judgments and decrees pronounced by foreign courts is provided for in the Code of Civil Procedure, 1908 (CPC). A foreign judgment can be enforced...
Sumes Dewan, Partner, KR Chawla & Co

If set up right, BPO units can enjoy tax holidays

By Sumes Dewan, KR Chawla & Co
Companies engaged in business processing outsourcing (BPO) activities are entitled to various tax holidays under the Income Tax Act, 1961. Units set up by these companies in Free Trade Zones (FTZs), Electronic Hardware Technology Parks...

Private ownership takes off

Priyabrat Tripathy charts the legal and regulatory hurdles that were overcome in the long-awaited privatization of Delhi airport Many modern airports don’t make the majority of their money from flight-related activities. Retail, hospitality and other...

Family matters

Legal authorities face an uphill battle to eliminate judicial nepotism George W Russell reports from Bangalore Nepotism – the act of awarding jobs, privileges and favours to family members – is a time-honoured tradition in...

How safe is your data?

Inadequate privacy laws are putting client information at risk and jeopardizing the future of India’s outsourcing industry Rodney Ryder and Salman Waris explain Outsourcing IT-enabled services (ITES) to India is an attractive proposition. It allows...

Legislative and regulatory update – September 2007

Intellectual property In a landmark decision on 6 August the Chennai High Court rejected Swiss firm Novartis AG’s challenge of a key provision of the 2005 patent law. Dismissing Novartis’ petition, the bench observed...
Diljeet Titus, Niranjan Raj, Titus & Co

Employees play their own role in corporate mergers

By Diljeet Titus and Niranjan Raj, Titus & Co
Sections 391 to 394 of the Companies Act, 1956 deal with schemes related to corporate reorganizations. As approval of a majority of a company’s creditors and members is a precondition for obtaining court sanction for...
Abhixit Singh, Niranjan Raj, Titus & Co

Enforcing foreign arbitral awards

By Abhixit Singh and Niranjan Raj, Titus & Co
The Indian Law regarding enforcement of foreign arbitration awards is contained in the Arbitration and Conciliation Act (AC Act), 1996, which incorporates provisions of the Geneva Convention of 1927 and the New York Convention...
Morgan Stanley relieved taxing trial

Morgan Stanley relieved after taxing trial

Multinational companies that outsource services to India sighed with relief in July after the Supreme Court found that Morgan Stanley did not have to pay tax in India for income earned from its business...
Media Houses Broadcast Bill Lobbying

Regulating the airwaves

Foreign and domestic broadcasters are less than enthusiastic about a new bill to regulate their industry By Alfred Romann Faced with the possibility of complex and expensive restructuring, media houses have been lobbying to stop a...
India's legal system

A legal argument

India’s well-developed legal system and strong rule of law are integral in stimulating and maintaining economic growth, writes Minister of Law HR Bhardwaj India, the seventh largest country by geographical area and next to only...
Kerala lawyers addressing judges

No ‘My Lord’

Lawyers in Kerala state will no longer have to use the title “My Lord” when addressing judges. Kerala’s High Court Bar Association (KHCBA) pushed through the motion in mid-June to bring the state’s courts in...
Suhail Dutt, Senior partner, Titus & Co

Strategies for effective litigation

By Suhail Dutt, Titus & Co
Litigation of civil disputes in India poses unique challenges and demands creative solutions. Disputes adjudicated in courts take a long time to resolve, often resulting in huge costs and questions about whether the litigation...

Drug wars

India’s huge generic drug industry is watching how a single lawsuit based on a very narrow piece of law will turn out. Novartis says the case is about protecting intellectual property. Its opponents disagree. By...

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