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The rebuild
The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam,...
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Electricity regulator continues to reign supreme for now
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Certificate of recovery constitutes fresh cause of action
The Supreme Court, in its judgment dated 4 August in the matter of Dena Bank (now Bank of Baroda) v C Shivkumar Reddy and Anr, has held that a certificate of recovery, if not...
Court addresses limitation provisions under MSMED Act
The Supreme Court recently passed a common judgment in two civil appeals – Silpi Industries etc v Kerala State Road Transport Corporation & Anr, and Khyaati Engineering v Prodigy Hydro Power Pvt Ltd –...
Non-signatories can be compelled to arbitrate
In Shapoorji Pallonji and Co Pvt Ltd v Rattan India Power Ltd and Anr, the issue before the Delhi High Court was whether a non-signatory to an arbitration agreement can be compelled to arbitrate....
Deep mining yields rewards from IBC resolutions
India is mineral rich, with the mining sector a powerhouse contributing INR913 billion (USD12.3 billion) to GDP. However, this sector, which is integral to government plans to revive the economy, has profitability problems. Falls...
Delays and inconsistent treatment reduce RERA’s effectiveness
RERA, or the Real Estate (Regulation and Development) Act, 2016 (act) and the Real Estate Regulatory Authority established under it, aimed to balance the interests of the various stakeholders in the real estate ecosystem,...
Do hybrid companies still exist?
Private entities that are legally deemed to be public, yet permitted to retain private characteristics such as restrictions on share transferability, are called hybrid companies. In the Tata-Mistry dispute, the National Company Law Appellate...
Karnataka court clears way for CCI e-commerce probe
On 11 June 2021, the Karnataka High Court dismissed Amazon and Flipkart’s writ petition challenging the Competition Commission of India’s (CCI) probe against the pair’s alleged anti-competitive business practices. On the basis of information...
SPACs: Why PIPE investments play a key role
Lynwood Reinhardt and Brooke Dorris examine the impact of private investment in public equity on de-SPAC transactions
The SPAC, or special purpose acquisition company, is a resurgent spin on the relatively well-trodden concept of a...
Gender in justice
Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports
The legal profession has long been subject to criticism for...
Captive generation: APTEL breaks a few chains
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs have resisted captive generation projects. This has...
New frontiers for arbitrations seated in Singapore
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston
The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
WhatsApp shutters plan to enforce privacy update
Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
IBC and exclusions from committee of creditors
During the corporate insolvency resolution process (CIRP), the committee of creditors (COC) is the de facto board of the defaulting company. The COC is constituted after collating all the claims on the debtor, and...
Balancing commercial considerations with consumer interests
The Maharashtra Real Estate Appellate Tribunal (appellate tribunal), in Dinesh R Humane & Anr v Piramal Estate Private Ltd, held that the right of an allottee to book an apartment includes the right to...
Levy on imported oxygen concentrators challenged
The Delhi High Court in Gurcharan Singh v Ministry of Finance heard a case where the 85-year-old petitioner challenged the government notification dated 3 May 2021 with respect to the levy of an integrated...
Supreme Court: Party autonomy is the backbone of arbitration
The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
Implications of opening the gate for foreign-seated arbitrations
The principle of party autonomy is the backbone of arbitration. The freedom to choose the seat of arbitration is another key aspect of that principle.
This article examines only one facet of this: whether two...
When SPACs come knocking
Ashok Lalwani and Mark Bell explore the opportunities and risks associated with Indian companies taking the SPAC route
With the accelerated rise of special purpose acquisition companies (SPACs) in the US and Europe in 2020...
The fragile position of independent directors of banks
The improvement of corporate governance norms of banks has been on the agenda for many years. However, after egregious irregularities and misconduct at the highest levels were found at some well-known banks and non-banking...
Pros and cons of foreign-seated arbitrations
With Indian parties now able to arbitrate outside India, Sumeet Kachwaha and Tara Shahani look at the advantages and disadvantages, as well as how some parties may lose out by taking the dispute offshore...
News report referring to trademark not wrongful use
In Prateek Chandragupt Goyal v State of Maharashtra and Ors, the Bombay High Court set aside a first information report (FIR) filed by the Sakal Media Group with the police against a journalist at...
Demystifying limitation period under section 37 appeals
The conundrum regarding the limitation period of filing an appeal under section 37 of the Arbitration and Conciliation Act, 1996, seems to have been demystified with the Supreme Court’s verdict in the matter of...
Cryptocurrencies unchained?
Since the Supreme Court overturned India's ban on cryptocurrencies, trading volumes have increased exponentially and home-grown crypto startups have blossomed. But the government has yet to establish a regulatory regime, and reports of another...
In dire straits
Critical situation requires unified response
Few could have imagined the day when a judge of Delhi High Court would urge the state “to beg, borrow or steal”. The judge was just one of many across...
Ascertaining impact of IBC’s section 32A on criminal proceedings
The Insolvency Law Committee (committee), in its third report, recommended that section 32A be inserted into the Insolvency and Bankruptcy Code, 2016 (code). This granted immunity to the corporate debtor and its property from...
Secured creditors not always financial creditors
In Phoenix Arc Pvt Ltd v Ketulbhai Ramubhai Patel, the issue before the Supreme Court was whether a person holding a security interest over the assets of a corporate debtor in respect of the...
Indian Law Firm Awards 2021
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Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on...
Factors when drafting arbitration clauses in commercial contracts
In the recent case of PASL Wind Solutions Pvt Ltd v GE Power Conversion India Pvt Ltd, the Supreme Court allowed two Indian parties to elect a foreign seat of arbitration and clarified that...
Ins and outs of laws on oxygen and right to life
The quote “Liquid isko jeene nahin dega aur oxygen isko marne nahin dega” (The liquid won’t let him live; the oxygen won’t let him die) has been famously associated with iconic screen actor Ajit....
Copyright registration not mandatory for enforcement of rights
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention,...
Can dominant enterprises refuse to deal?
Abuse of dominance takes many forms. One such form is the refusal to deal. Not every instance of a refusal to deal infringes competition laws. Since competition laws look to preserve and protect competition,...
Indian parties can choose foreign seated arbitrations
The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties...
Court: Invoke compulsory licensing to combat covid
Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India.
This is...
Delay for filing appeals condoned under Commercial Courts Act
The Supreme Court, in a judgment dated 19 March 2021, in Govt of Mahrashtra v M/s Borse Brothers Engineers and Contractors Pvt Ltd, held that the application of section 5 of the Limitation Act...
High court order set aside as alternative legal remedies exist
In a recent case, the Supreme Court was hearing a special leave petition against the order of the Madras High Court passed under the provisions of article 227 of the Constitution of India.
In the...
Soli Sorabjee: A patient mentor, defender of free speech and jazz aficionado
Eminent lawyer and former attorney general of India, Soli Sorabjee, died of covid-19-related complications at the age of 91 in New Delhi on 30 April 2021. Mr Sorabjee was seen by his peers as...
Second proviso to IBC not needed
Recently in Manish Kumar v Union of India, the Supreme Court upheld the constitutional validity of all the provisos added to section 7(1) of the Insolvency and Bankruptcy Code, 2016(IBC), via the Insolvency and...
Policing the internet
Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach
The release of “draconian”...
Abolishing IPAB: An own goal?
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand
See also: IP practitioners warn of dire consequences as IPAB gets the...
NCLT proper forum for power purchase agreement insolvency
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas Nigam Limited...
Guarantees will ensure better payment of debts for now
It is a common practice for lenders to obtain guarantees for securing financial assistance granted to a borrower entity. The guarantor’s liability crystallises as soon as the borrower defaults on the debt. However, the...
More liability on the cards for independent directors
The Supreme Court decision last month that ended the four-year boardroom feud in the Tata-Mistry saga exposes the vulnerabilities of independent directors when they do not agree with promoters.
While the 26 March verdict is...
IBC decides the fate of PPAs in insolvency
A power purchase agreement (PPA) is essential not only for the way a power project functions, but also for its very existence. There has, however, been significant uncertainty regarding the status of power generators...
HSA Advocates recruits disputes partner
Madhumita Kothari has joined HSA Advocates as a partner in the firm’s dispute resolution practice in New Delhi. Kothari has worked both in-house as well as with law firms, and she has almost 23...
Commercial perspectives on the Intermediary Rules, 2021
On 25 February 2021, the Ministry of Electronics and Information Technology in consultation with the Ministry of Information and Broadcasting (MIB) introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021...
E-commerce sales do not infringe DSE IPR
Direct selling entities (DSE) sell their products through distributors either by creating a multi-level seller network or by selling directly to the customer in a non-market environment. Lately, sellers have been listing such products...
New GC body aims for statutory recognition of profession
Senior general counsel came together to launch the General Counsels’ Association of India (GCAI) at an event organised at Gurugram in March.
“The idea of GCAI was mooted a few years ago as a need...
Related party exclusion cannot be avoided through divestment
Financial creditors that cease to be related parties in order to circumvent the exclusion under the Insolvency and Bankruptcy Code, 2016, should also be considered as being covered by the exclusion, according to a...
Arbitration gets support in validity and fraud challenges
The Supreme Court, in delivering its judgement in NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd & Ors, has reinforced India’s recent pro-arbitration approach to dispute resolution. The court held that arbitration...
International A-List 2021
India Business Law Journal reveals the top 100 foreign lawyers for India-related matters
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The arrival of covid-19 brought about a need for agility among international lawyers – to adapt to a reality...
Stamp act amended to reinforce court decision
The governor of Maharashtra, in exercising powers conferred in him vide article 213(1) of the constitution of India, passed the Maharashtra Stamp (Amendment and Validation) Ordinance, 2021, on 5 February 2021. It amends section...
The CCI should be more coherent and enterprising
The competition regime permits assessments of allegations of abuse of dominance against an enterprise under section 4 of the Competition Act, 2002 (act). An enterprise is liberally defined in the act to include a...
India shifts its focus in maritime arbitration
Shipping is widely recognized as the first truly global industry, no longer limited to coastal countries. With the horizons of India’s vision of world trade widening, the resolution of shipping and maritime disputes will...
The conundrum of third-party security holders
Much has been said about the obligation of a third-party security provider when a borrower enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Under a financing transaction,...
Constitutional validity of amended IBC Act upheld
The Supreme Court recently upheld the constitutional validity of sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, in Manish Kumar v Union of India and connected cases.
Section 3...
Issue of unstamped arbitration agreements still in question
The Supreme Court recently split open another issue that was previously considered settled – the enforceability of an arbitration agreement incorporated in an unstamped contract. The decision of the Supreme Court was given recently...
Pledging shares does not create a financial creditor
In Phoenix Arc Pvt Ltd v Ketulbhai Ramubhai Patel, the Supreme Court held that a creditor cannot be a financial creditor on the basis of a pledge agreement unless that agreement contains an undertaking...
Disincentives to foreign investment in non-personal data
Global internet-based companies have invested greatly in systems that allow them to harvest and monetise non-personal data. Their incentives to do so in India may soon be reduced. The Committee of Experts on Non-Personal...
Driver’s seat
The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed. Akaant KM reports
Unprecedented times...
Tax takeaways
While tweaks to the tax regime announced in the budget may not have grabbed headlines, they will have a discernible impact on mergers and acquisitions. Amit Singhania and Gouri Puri report
Treading on the...
WhatsApp case shows need for data privacy law
The Supreme Court may have come down heavily on WhatsApp over the proposed change in its privacy policy, but uncertainty brews as to whether the top court can force the US messaging service to reverse...
Businesses behaving badly
With a rise in corporate misdeeds, India's courts and parliament are rethinking the definition and treatment of executive liability, writes Vikramaditya Khanna
India’s economic rise has been accompanied by greater revelations of corporate wrongdoing. Whether...
Full disclosure of working methods may be required
The requirement for the grant of a patent is the full and public disclosure of the invention. This follows from the public policy of allowing public use of the invention after the expiry of...
The committee of creditors and its commercial wisdom
The Insolvency and Bankruptcy Code, 2016 (code) was enacted to enable corporate insolvency resolution of financially stressed corporate debtors in a time bound manner, so as to maximise the value of their assets. The...
Manchanda joins partnership at Chandhiok
Deeksha Manchanda has been inducted into the partnership of Chandhiok & Mahajan.
Previously a counsel at the firm working in the competition and regulatory practice areas, Manchanda specializes in advising clients on all aspects of...
Future legal leaders
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India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession
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In a year...
Wisdom for a new year
Look very carefully before you leap
As the recent furore about WhatsApp’s plans to update its privacy policy suggests, the devil can lie in the detail. Many among WhatsApp’s whopping 1.5 billion users have voted with...
Crypto crossroads
Much like its value, the regulatory journey of bitcoin has had its ups and downs in India. With the recent jump in value, how will regulators react? Sourish Mohan Mitra reports
Trading in bitcoins has...
Deals of the Year
Deals of the year 2022
Deals of the year 2021
Deals of the year 2019
Deals of the year 2018
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Deals of the year 2016
Deals of the year 2015
Deals of...
Enforcing foreign awards involving only Indian parties
The Gujarat High Court in GE Power Conversion India Pvt Ltd v PASL Wind Solutions Pvt Ltd decided whether two Indian parties could choose a foreign seat of arbitration, and then be entitled to...
SC expands role of informant under Competition Law
In a noteworthy judgment pronounced by the Supreme Court, the locus standi (right or capacity to bring an action or to appear in a court) of a person as an informant in matters pertaining...
Moratorium on new law colleges held ‘unconstitutional’
The Punjab and Haryana High Court, in its judgment on 4 December 2020, passed in a writ petition filed on behalf of Chandigarh Education Society, set aside the resolution dated 11 August 2019, passed...
Homeowners can file proceedings under Consumer Protection Act
The Supreme Court, in its judgment in M/S Imperial Structures Ltd v Anil Patni and another on 2 November 2020, held that the Real Estate (Regulation and Development) Act, 2016 (RERA Act), did not...
Argus recruits disputes partner
Disputes lawyer Udit Mendiratta has joined Argus Partners as a partner from Shardul Amarchand Mangaldas & Co (SAM), where he had worked since July 2019.
Mendiratta has more than 10 years of experience handling corporate...
Breach of natural justice not always fatal
The principles of natural justice, particularly the right of all parties to be heard, have been much debated in the courts. Recently, the question of whether a breach of this right will automatically vitiate...
NITI brings reality to the fantasy industry
The National Institution for Transforming India (NITI Aayog, a government think tank) has released a discussion paper on the regulation of online fantasy sports platforms. It comes at a crucial time. The gaming sector...
Gambling laws: Interpretations and issues
The Public Gambling Act, 1867 (Gambling Act), enacted prior to the constitution is the central law governing gambling in India. While under entry 34 of list II of schedule VII of the constitution, “betting...
Right to property trumps economic expropriation
In the modern economy, property is conceptually dynamic with varying meaning in different contexts. Legally, whatever the nature of property, such as movable, immovable, tangible or intangible, every type is covered by the right...
SC weighs in on flight tickets cancelled during lockdown
The Supreme Court (SC) announced its decision in four connected writ petitions in a public interest litigation. It had to deal with the issue of providing full refunds for tickets of flights cancelled in wake...
The A-List 2020
India Business Law Journal reveals the country’s most recommended lawyers and legal icons
ACCESS THE A-LIST 2020
Each year, the A-List seeks to recognize India’s most outstanding lawyers. This year required the country’s top lawyers to...
Key considerations and issues of litigation financing in India
Litigation financing or the monetization of claims has not often been used as a method of fund raising by companies in the past. However, the liquidity constraints that they face because of the covid-19...
The stakes are raised in online gaming
Amid recent reports of suicides in the state (allegedly on account of financial losses suffered in online games), the Tamil Nadu government promulgated an ordinance on 20 November 2020 to “ban online gaming”. The...
Use or lose your trademark, your choice
Brand owners often face the choice of being a prior owner or a prior user of a trademark. It is not always the prior owner of a mark who succeeds in getting the support...
No tax on foreign companies if no core activity
Double tax avoidance agreements (tax treaties) made with various countries provide that business income of an enterprise which is a tax resident of a foreign country is taxable only if it has or is...
Specific performance demands that equity be done
Prior to the 2018 amendment to the Specific Relief Act, 1963 (SRA), removing the discretion of the courts to grant specific relief, it had long been argued that the passage of time and the...
Reimagining INTA
Etienne Sanz de Acedo
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Etienne Sanz de Acedo, the head of the International Trademark Association, talks to India Business Law Journal about the decision to postpone this year’s Annual Meeting...
Specific mention of price fluctuations is needed in contracts
The Supreme Court in a recent judgment upheld the order of the Gauhati High Court, setting aside an award passed by the arbitral tribunal that was based on an impossible interpretation of a contract.
In...
Government mulls options after Vodafone dispute win
In a decade-long battle between the British Vodafone Group and the Indian tax department, the telecom giant emerged victorious before the Permanent Court of Arbitration (PCA) at The Hague. It was held that the...
Crisis point
Enduring one of the most challenging periods in their lives, lawyers tell India Business Law Journal how their firms have been managing and how the violent disruption of the pandemic is forcing change. Gautam...
Billions on the line
Vodafone may have won the day after a favourable arbitration result cut off India's claim to massive back taxes, but will this crucial award remain unchallenged when so much more is at stake? Freny...
Claims of title and adverse possession are inconsistent
The issue before the Supreme Court in the case of Narasamma & Ors. v A. Krishnappa was whether coexisting pleas of good title and adverse possession are inconsistent.
The respondent, the original plaintiff, had permitted...
S&R promotions include new disputes partner
S&R Associates has promoted disputes counsel Shahezad Kazi to the firm’s partnership. Kazi is the second disputes partner at the firm, along with Niti Dixit, who heads the practice.
Kazi is based in Mumbai and...
‘One-sided’ developer agreement overturned
The Supreme Court, while discussing the delays in the completion of real estate projects in Wg. Cdr. Arifur Rahman Khan and Aleya Sultana v Begur OMR Homes Pvt. Ltd, overturned an order of the...
Court takes stand on inadequate healthcare
The Supreme Court in a recent order in the case of Sachin Jain v Union of India, while hearing the writ petition dealing with the commercialization of healthcare, reprimanded the lethargic attitude of state...
Arbitration award against Jackie Shroff set aside
In a recent judgment in the case of Jackie Kukubhai Shroff v Ratnam Sudesh Iyer, Bombay High Court, while allowing the petition filed by actor Jackie Shroff, set aside the award passed against him...
Destination disinvestment?
Selling off public sector enterprises could be the key to strengthening a sluggish economy, writes Subir Bikas Mitra. Will a new privatization drive succeed where earlier attempts have failed?
Aatma Nirbhar Bharat Abhiyaan (ANBA), which...
Evolving doors
A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners. Shalvi Mehta assesses what should stay and what should go
Covid-19 and the subsequent...
No rewards for challenging awards in post-hearing stage
The Arbitration and Conciliation Act, 1996, governs the enforcement of foreign arbitral awards. The act essentially consolidated laws relating to arbitration and the enforcement of awards that resulted from the accession to the New...
SC brings consistency to electronic evidence
In the case of Anvar PV v PK Basheer & Ors, the Supreme Court ruled that a certificate under section 65B(4) of the Indian Evidence Act, 1872 (act), was mandatory to prove an electronic...
Guarantors may be vulnerable to pandemic default risks
The government recognised the economic impact of covid-19 on businesses by enacting the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. The ordinance, among other measures, inserted section 10A into the Insolvency and Bankruptcy Code,...
The courts fight back
In a very short span of time India’s courts have adapted to working during the pandemic, and the lessons learned during this time will be used to increase efficiency and productivity of the judicial...
Covid-19 impacts exit of PE and VC investors
In the wake of the covid-19 pandemic and its economic consequences, the private equity and venture capital industry has seen a major downturn. The pandemic has also increased the focus on exit options available...
Domestic award set aside for patent illegality
Patel Engineering Limited secured three arbitral awards against North Eastern Electrical Corporation Limited (NEECO) in respect of a project in Meghalaya. NEECO unsuccessfully challenged the awards under section 34 of the Arbitration and Conciliation...
Ordinary course of business is not guaranteed
Section 185 of the Companies Act, 2013 (act), governs transactions involving loans or the provision of guarantees or securities to companies in which a director is interested. Certain loans and guarantee or security transactions...
New era for justice delivery
Pravin Anand, from Anand and Anand, argues that despite the flaws, the advantages of virtual courts mean they should continue even after the pandemic has abated
The virtual court system is the next step in...
Enforcement of foreign arbitral award allowed
In the case of Centrotrade Minerals & Metals Inc v Hindustan Copper Ltd, the Supreme Court has upheld the validity of appellate arbitration clauses.
The appellant, Centrotrade Minerals, with its headquarters in Virginia, US, had...
SC clarifies when partnership firm can be dissolved
In a recent judgment titled Guru Nanak Industries and Anr v Amar Singh (deceased) through legal representatives, the Supreme Court held that the retirement of a partner of the partnership firm consisting of only...
AKS hires beef up corporate, disputes practices
Delhi-based full-service law firm AKS Partners has hired partner Anish Jaipuriar and principal associate Anshuman Gupta.
Jaipuriar joins from Shardul Amarchand Mangaldas & Co, and will head the general corporate practice at the firm. He...
The Law Point promotes lawyers in New Delhi, Mumbai
The Law Point (TLP) has promoted Abhishek Puri and Omprakash Jha to the firm's partnership in its New Delhi and Mumbai offices, respectively.
Puri joined the firm in 2017 and is experienced in corporate and...
A guide to the proper investigation of title
Legal due diligence before the acquisition of real estate is at least as important in India as it is in Japan and probably more so. Legally non-compliant real estate is often offered and there...
Just virtually
The pandemic has pushed courts to undergo a technological evolution, but is it working? Gautam Kagalwala reports
before the pandemic reached Indian shores, video conferencing was used in some cases for recording evidence in areas...
Pulling the plug
In the aftermath of the TikTok ban Mishi Choudhary, the founder of Software Freedom Law Centre (India), says the government must enact pro-privacy legislation that protects private data from tech companies, regardless of their...
How to balance the IBC and the PMLA
The Prevention of Money Laundering Act, 2002 (PMLA) seeks to prevent money laundering, to prosecute those committing money laundering and to recover and seize properties acquired by means of laundered money. However, the effective...
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Disputed claims are not defaults under IBC
Under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), the National Company Law Tribunal (NCLT) in admitting a petition by a financial creditor is concerned only with the existence of a default...
