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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...
NLSIU Bengaluru alumni support migrant workers
Alumni from Bengaluru’s National Law School of India University (NLSIU) have come together to raise funds and provide food donations to migrant workers returning to their hometowns in the midst of the coronavirus pandemic.
“We wanted...
Kochhar adds senior partner
Reena Asthana Khair has joined Kochhar & Co’s New Delhi office as a senior partner and head of the firm’s international trade and indirect tax practices, bringing with her a team of two associates.
Khair...
HSA hires disputes partner in New Delhi
HSA Advocates has appointed Manan Shukla as a partner in its dispute resolution practice in New Delhi. Shukla joins HSA from Agarwal Law Associates, where he was a senior lawyer. His practice has focused...
E-courts to aid Japanese companies with disputes
Justice in India has long been delayed. There are about 4.85 million cases pending in 25 high courts and approximately 36.64 million cases pending before 3,235 district and taluka courts.
In Meters and Instruments...
Legal issues affecting PPP projects after lockdown
Public private partnership (PPP) projects in the infrastructure sector have been among the worst affected during the covid-19 pandemic and the consequent lockdown, with construction activities coming to a complete standstill. Since the concessionaires...
Fighting piracy: A usual day at work for software giants
Software products now serve a global audience across many industries. Organizations have been shifting from paper to digital. This increased dependency and demand has had favourable and unfavourable consequences for software developers. Purchase of...
Indian courts virtually evolving
Historically, pandemics have forced societies to break away from the past and adopt new measures that redefine their future, and the outbreak of COVID-19 is no different. Indian courts have scaled down conventional operations...
Electricity Bill lights path but sparks controversy
In the fourth segment of the Atma Nirbhar Bharat (Self-reliant India Mission) economic package, the finance minister announced several measures affecting the power sector. Many policy reforms are contained in the proposed Electricity (Amendment)...
Beneficiaries of public welfare schemes are consumers
To improve the conditions of building and construction workers, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (1996 act) was enacted. Under the 1996 act the Rajasthan...
COVID-19, IBC suspension and operational creditors
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 (ordinance), provides that no application to start a corporate insolvency resolution process (CIRP) in respect of a corporate debtor may be made for any default arising...
Singh & Associates hires dispute expert
Singh & Associates has appointed Apoorve Vashistha as a partner (designate), specializing in dispute resolution.
“The firm has created a niche in arbitration and dispute resolution, and I am excited to contribute my expertise towards...
Amending use claims in trademark cases
The Delhi High Court recently heard, in the case of D&H India v Superon Schweisstechnik India, an appeal from the order of a single judge and ruled on the circumstances in which an amendment...
Surviving a ‘new normal’
India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a...
Managing outsourcing contracts
Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties. Arijita Kakati and Aparna...
Limitation period for execution of foreign decrees settled
The Supreme Court recently had the opportunity to ascertain the limitation period applicable to the execution of foreign judgments in India, which was an issue that lower courts had been struggling to resolve until...
Unregistered architects cannot build a name for themselves
The Supreme Court in a recent judgment held that section 37 of the Architects Act, 1972, does not prohibit individuals not registered under the act from taking up the practice of architecture and its...
Moving past the pandemic
The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed. Mansha Shukla writes about the key considerations for in-house counsel
COVID-19 is preying on thousands of lives and has battered...
COVID-19: Relief for forgotten homebuyers
Homebuyers were included as financial creditors under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) vide an amendment in the code in 2018. Pursuant to their inclusion, homebuyers could either individually or...
Keeping in step with the times
Patent offices and courts have introduced proactive measures in response to the COVID-19 lockdown
The COVID-19 pandemic, one of the biggest public health crises in our time, has greatly impacted all realms of life across...
Pandemics unforeseen
How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world? Ritin Rai provides an analysis
The law of frustration has developed by reconciling two competing...
News in brief – April 2020
Disputes partner joins IndusLaw
IndusLaw has hired Mayank Mishra as a partner in its Delhi office. Mishra joins from J Sagar Associates' dispute practice, where he was a partner and has more than 15 years...
Supreme Court quashes RBI ban on cryptos
The Supreme Court in a recent judgment set aside the ban imposed by the Reserve Bank of India (RBI), through its circular dated 6 April 2018, which prohibited its regulated entities (i.e., financial institutions...
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Supreme Court says my way or no highway
Measuring over 5.8 million kilometres, the Indian road network encompasses the length and breadth of the country and includes national highways, expressways, state highways, district roads and village roads. It is one of the...
Virtual currency trade sees challenges with FDI
On 4 March 2020, the Supreme Court (court) quashed the Reserve Bank of India’s (RBI) circular of 6 April 2018 prohibiting entities regulated by the RBI from dealing in virtual currencies (VC) or providing...
Cryptocurrencies avoid a KO and win on points
After five years of studying the global development of virtual currencies (VC), the Reserve Bank of India (RBI) in April 2018 issued a circular under the Banking Regulation Act, 1949 (BRA), the Reserve Bank...
Net tightens for promoters of corporate debtors
2020 has witnessed two legal developments that will impact the recovery strategies of operational creditors in India. The first development is the insertion of section 32A into the Insolvency and Bankruptcy Code, 2016 (code),...
COVID-19 and obligations under lease agreements
Severe economic uncertainty looms over the world economy. General financial advice is to reduce expenses and save cash. For large business houses lease rentals are usually the third highest fixed monthly expense after employment...
COVID-19: Conundrum for borrowers and lenders
The COVID-19 pandemic has caused significant disruption and slowed down the economy. In the finance sector the ability of borrowers to perform their obligations under financing agreements has been severely impacted. In light of...
‘E’ sign of the times
With COVID-19, the silver lining for the legal community will be a greater adoption of e-contracts, write Puneet Gupta and Amit Wadhwa
The attitudes towards the rule of law in any society can be understood...
How foreign awards are enforced in India
Trade between India and South Korea has seen significant growth in recent years due to the beneficial policies implemented by both countries. This growth in trade and commerce has seen a corresponding rise in...
Bias towards enforcement of foreign awards
Disputes arose between joint venture partners for the control of Ravin Cables Ltd. Prysmian, the Italian partner, invoked arbitration under the London Court of International Arbitration (LCIA) rules alleging material breaches by the Indian...
How COVID-19 affects personal health data
Governments and civil societies worldwide are making dramatic efforts to contain the spread of COVID-19. In India, notices have been placed outside the homes of people under quarantine or with the names of those...
At a crossroads
Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds, writes Vineeta Bansal
Homebuyers have been given equal rights as financial...
IBC: Intent continues to prevail over form
The Insolvency and Bankruptcy Code, 2016 (code) whose objectives and implementation constantly appear to be in opposition, continues to provide material for purposive interpretation by the Supreme Court. The recent decision of Anuj Jain...
Jaypee judgment creates a conundrum for lenders
The Supreme Court (SC) in deciding several issues in litigation calling into question the meaning and scope of preferential transactions in corporate insolvency and the nature of financial debt particularly in relation to third-party...
Unilateral appointments under threat
The Supreme Court, in Perkins Eastman Architects DPC & Anr v HSCC (India), delivered a landmark judgment in November 2019, where it held that arbitration clauses that allow one party to unilaterally appoint a...
IBC cannot be used as a threat
In a recent judgment, the Calcutta High Court dealt with the question of whether an application under section 34 of the Arbitration & Conciliation Act, 1996, can be kept in abeyance owing to the...
Documentary evidence outweighs oral testimony
In a recent judgment, the Supreme Court held that revenue recorded entries have statutory presumption attached to them, and oral evidence, to the contrary, will not be sufficient, as witnesses may lie but documents...
Supreme Court paves way for virtual currencies
The Supreme Court of India, in Internet and Mobile Association of India v Reserve Bank of India, on 4 March 2020, set aside the Reserve Bank of India (RBI) circular on virtual currencies, dated...
Problem solving
The way ahead is never straightforward
As experience in the past few decades along with recent events have shown, propelling the Indian economy forward requires wisdom, out-of-the-box thinking in large doses, and a good helping...
The International A-List 2020
India Business Law Journal reveals the top 100 India-focused legal experts outside the country. Putro Harnowo reports
View the A-List
As the second-biggest economy in Asia, India actively attracts investment and generates offshore work, transactional financing,...
India unplugged
As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, Amar Sundram analyses a recent Supreme Court judgment challenging blackout actions in Kashmir.
The Narendra...
Out of harmony
Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters, writes Sachin Kalra
The relationship between radio broadcasters and music labels has always been contentious, due to rights...
Interplay of polity, policy on infrastructure development
Governed by its constitution and derivative laws, a country speaks through its policies. Sound economic and regulatory policy creation coupled with effective implementation encourages investor confidence and forms the fundamental basis of attracting large...
Recourse measures for apprehension of infringement
Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger...
Overlap between insolvency code and arbitration law
Arbitral awards are treated as orders of a court and can be enforced as such, under the Civil Procedure Code, 1908 (CPC), subject to defences under the Arbitration and Conciliation Act, 1996. The Insolvency...
News in brief – February 2020
Real estate partner at HSA
HSA Advocates has hired Amaresh Kumar Singh as a partner at the firm’s New Delhi office. Prior to joining HSA, Singh worked at L&L Partners. He has more than 25...
Contractual employees entitled to PF benefits
The Supreme Court recently held that contractual employees who draw salaries directly or indirectly are entitled to provident fund benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF act).
In M/s Pawan...
Lenders assign GSML debt to ARC
Argus Partners advised a Garden Silk Mills (GSML) consortium of lenders, led by Bank of Baroda, on the resolution of its stressed assets and account under the Reserve Bank of India’s (RBI) circular dated...
When the appointment of a sole arbitrator is invalid
Disputes arose from the termination of a design consulting contract between HSCC (India) Limited and a consortium consisting of Perkins New York and Edifice Mumbai (consortium), for the planning, designing and specifications of two...
When families fail
Is all really fair in love and war?
When it comes to warfare between siblings, or in families, there is often little that is fair or reasonable. As seen in many a Bollywood movie, and...
Securing the family silver
Spooked by domestic tax and regulatory changes, many wealthy Indians are shifting capital overseas. Vandana Chatlani reports
In India, business is personal. An estimated 95% of companies are run by families. Promoters of companies...
Deals of the Year 2019
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Deals of the year 2016
Deals of the year 2015
Deals of...
Court rules committee of creditors is supreme
Essar Steel India defaulted on repayment obligations to its creditors and in 2017 Standard Chartered Bank (SCB) and State Bank of India filed petitions for financial debt under the Insolvency and Bankruptcy Code, 2016....
Are copyright infringement offences cognizable or not?
In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the...
Clear land titles: Still muddying the waters
The real estate sector is valued at around US$120 billion and is a crucial driver of growth in the economy. However, many considered that the balance of power between property developers and promoters on...
New reasons for hope in domestic arbitral awards
Commercial expediency has always required an award to be intelligible and adequately reasoned in order to achieve the desired outcomes for parties using the arbitration process to resolve their business and commercial disputes. Almost...
Ruling quashes resignees’ right to a pension
In the judgment of BSES Yamuna Power Ltd v Ghanshyam Chand Sharma, the Supreme Court held that a resignation has the effect of termination, an employee who has resigned cannot claim a pension, and...
High court ruling on guarantor cheques
The High Court of Kerala has held that the presumption under section 139 of the Negotiable Instruments Act, 1881 (NI Act) applies even to a cheque issued by a guarantor, as it is being...
SC: No defamation protection for intermediaries
The Supreme Court, in Google India Pvt Ltd v Vishakha Industries and Anr, clarified that intermediaries cannot claim protection from defamation under section 79 of the Information Technology Act, 2000 (IT Act).
Asbestos manufacture Vishakha...
India in 2020: Relief in sight from data protection bill?
This article is one of four in an annual Vantage Point series where in-house counsel identify key risks and opportunities in the year ahead
The Joint Parliamentary Committee (JPC) report on the revised Personal Data...
Juggling act
The evolution of the personal data protection bill is influenced by the need to protect the interests of businesses, the government and the individual, writes Yukti Sharma
India’s journey to a personal data protection law...
PDP bill reaches parliament
The much-awaited Personal Data Protection Bill, 2019 (PDP bill) was introduced in the Lok Sabha (lower house) of the parliament on 11 December 2019. The PDP bill has been substantially revised from the draft PDP Bill, 2018, which was...
The evolving resolution of stressed assets
The banking sector has been under tremendous stress in the past few years due to the increasing number of non-performing assets (NPA) caused among other things by the absence of a comprehensive bankruptcy regime....
NBFCs brought under purview of insolvency code
With the introduction of a codified law on insolvency and bankruptcy processes, restructuring jurisprudence entered a new era. While the new law focused on rehabilitating and restructuring stressed companies, restructuring processes involving financial service...
CCI balances need for confidentiality, disclosure
On 20 November 2019, the Competition Commission of India (CCI) introduced the CCI (General) Amendment Regulations, 2019. The amendment to the CCI (General) Regulations, 2009 (general regulations), allows for the disclosure of an informant’s...
Pecking order
The significance of the insolvency code may be put into question if state governments do not observe the order of priority for creditors over a corporate debtor’s assets, write Arvind Varma and Amita Chohan
“The...
Section 87 relief for private companies
In a significant move, the Supreme Court, in Hindustan Construction Company Ltd v Union of India, granted a huge relief to several debt-ridden private sector companies (which are acting as contractors of the government)...
Creditors’ wisdom should be heeded
The verdict of the Supreme Court on 15 November 2019, in the case of Committee of Creditors of Essar Steel India Limited through Authorised Signatory v Satish Kumar Gupta & Ors, has brought clarity...
Courting mediation
The Singapore Mediation Convention offers hope to businesses looking for an alternative to time-consuming litigation in overburdened courts. Amar Sundram reports
A recent article headlined “Trust Deficit” in a leading Indian financial newspaper pointed out...
Examining validity of West Bengal’s HIRA Act
The West Bengal Housing Industry Regulation Act, 2017 (HIRA), was notified on 1 June 2018. Section 20 of which established the Housing Industry Regulatory Authority (authority). The statute regulates all projects above 500 square...
Tribunals are here to stay, but with improvements
A constitution bench of the Supreme Court recently delivered its judgment relating to tribunalization of justice. This judgment has put to rest the existentialist challenges to this institutional development, embracing “tribunals” as a part...
Auditor’s professional lapses not fraud
In January 2018, the Securities and Exchange Board of India (SEBI) banned the accountancy firm Price Waterhouse (PW) from auditing listed companies for a period of two years due to lapses in the audit...
Privacy law and its commercial implications
On its way to becoming a US$5 trillion economy with nearly 500 million web users, India is second only to China as the largest online market in the world. Increased net penetration, exponential increases...
Something for everyone in the Essar judgment
The long-awaited decision of the Supreme Court in Committee of Creditors of Essar Steel India Limited v Satish Kumar Gupta & Ors case comes as a relief for financial creditors, especially those holding security,...
Rising Stars 2019
Rising Stars 2009
Rising Stars 2017
Rising Stars 2018
India Business Law Journal presents its list of 50 up and coming law firms
Jostling for position, arguably a useful skill when employed in moderation, has been elevated to...
Resolution of disputed claims in insolvency process
One of the key issues in the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (code), is the status and resolution of disputed claims. This has now been set to...
Progress against harassment
Amit Wadhwa and Puneet Gupta analyze how courts are dealing with prosecutions and issues facing internal complaints committees following incidents of sexual harassment in the workplace
Under India’s legal framework, in the past incidents of...
Guide to litigation strategies
Recognising and seizing opportunities in a timely way is integral to litigation strategy, write Sneha Jaisingh and Shreya Gupta
Litigation is like making hamburger mince, its messy and its bloody. The plaintiff asserting his/her rights...
News in Brief
Co-founder starts disputes firm
Arush Khanna, the co-founder and a partner at Trinaya Legal, has started Numen Law Offices with lawyers George Thomas, Lakshmi Raman and Chaitanyaa Bhandarkar. The firm is a dispute resolution and...
CJM can deal with applications of secured creditors
In a recent judgment, the Supreme Court has held that the Chief Judicial Magistrate (CJM) is competent to deal with applications made by secured creditors under section 14 of the Securitization and Reconstruction of...
Commercial use clarified for nurses’ residences
In a recent judgment, the Supreme Court laid down broad principles for determining whether an activity is for a commercial purpose for the purpose of section 2(1)(d) of the Consumer Protection Act, 1986.
In Lilavati...
Hotels are liable for theft of guest’s vehicles
In a recent judgment, the Supreme Court held that in a case of theft of a vehicle given for valet parking, the hotel owner cannot contract out of liability for its negligence, or that...
Revitalizing clinical legal education
Clinical legal education is to a law student what a session in the laboratory is to a science student. Clinical legal education serves as the critical link between theory and practice.
The global movement on...
The A-List 2019
India Business Law Journal reveals the country’s most recommended lawyers and legal icons in 2019
ACCESS THE A-LIST 2019
The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to...
Energy DRM adds more confusion than clarity
The Ministry of New and Renewable Energy (MNRE) has introduced a dispute resolution mechanism (DRM) to resolve disputes between the Solar Energy Corporation of India (SECI) and the NTPC (formerly known as National Thermal...
Senior counsel joins UK chamber as door tenant
Supreme Court senior counsel Ritin Rai joined 7 King’s Bench Walk Barristers in London in September as the firm’s first door tenant.
“Being part of 7 King’s Bench Walk gives me better access and insights...
Stumbling blocks when buying stressed assets
Out of court sales of stressed assets or mortgaged immovable properties are invaluable recourses to enable banks and financial institutions to recover debts where the debtor has defaulted. They also reduce the overall number...
Lose the legalese please
Many lawyers overlook the usefulness of effective writing, says Richa Kachhwaha
The nuances of legal writing have been on my mind ever since I started working in legal publishing. My experience has been that lawyers...
Non-signatories of a group are bound to arbitrate
The courts have previously applied the doctrine of group companies when they referred non-signatories to an arbitration agreement to arbitrate. The Supreme Court invoked this doctrine again in the case of MTNL v Canara...
A fine balance
Merging the wants of employers and employees into law reforms palatable to both sides is no easy task, writes Sanjoy Ghose
Businesses view Indian labour laws as a growth inhibitor, cumbersome, discouraging investment and expansion,...
Remedies under CPA, RERA are concurrent
The Delhi High Court in a recent judgment held that remedies available to homebuyers under the Consumer Protection Act, 1986 (CPA), and Real Estate (Development and Regulation) Act, 2016 (RERA), are concurrent. This judgment...
Fraud allegation cannot nullify arbitration agreement
In a recent judgment, the Supreme Court held that the mere allegation of simple or plain fraud may not be a ground to nullify the effect of an arbitration agreement between the parties.
In the...
Supreme Court holds that company director can nominate arbitrator
The Delhi High Court in a recent judgment held that courts have now consistently proceeded to appoint an independent arbitrator in situations where the arbitration clause is in conflict with the amended Arbitration Act....
Courts must restrict role to determining existence of arbitration agreement
In a recent judgment of M/s Mayavati Trading Pvt Ltd v Pradyuat Deb Burman, a three-judge bench of the Supreme Court overruled the judgment in United India Insurance Company v Antique Art Exports Private...
Evolution of the committee of creditors’ authority
The role of the committee of creditors (CoC) in a corporate insolvency resolution process (CIRP) has increasingly been scrutinized and clarified by various courts and tribunals, including the Supreme Court. There have also been...
The validity of options under securities law
The Bombay High Court, in Edelweiss Financial Services Ltd v Percept Finserve Pvt Ltd and Ors, held that a put option in a share purchase agreement (SPA) was neither a forward contract, nor a...
Changes to expect in fintech with digital KYC
Fintech players are now offering the Aadhaar-based know your customer (KYC) authentication services (Aadhaar e-KYC) made available by the Unique Identification Authority of India (UIDAI) to customers quickly and at a fraction of the...
Equal treatment of all parties to legislation
To enhance the attraction of arbitration, the Supreme Court ruled in Pam Developments Pvt Ltd v State of West Bengal that the government, as a party to arbitration, is not entitled to special or...
SC Amrapali judgment: A warning for lenders
The landmark judgment of the Supreme Court in favour of over 42,000 homebuyers in the projects being constructed by the Amrapali group of companies in Noida and Greater Noida, Uttar Pradesh was a huge...
Growing role of declaration of non-infringement
Clearing the way (clearing) or a declaration of non-infringement refers to an application to the court for a declaration that a new business does not infringe an existing patent. The power of a court...
Charitable trusts: Validity of property transfers
A trust is an arrangement by which the property of the author of the trust or settlor is transferred to another, the trustee, for the benefit of a third person, the beneficiary. In general...
Litigator joins Argus’ partnership
Maneesha Kongovi, who joined Argus Partners as a partner in the disputes team in Bengaluru in July, said her decision was motivated by the importance the firm attached to the practice.
“Litigation, as a practice...
Ineligibility of an arbitrator fatal, unless waived
Section 12(5) of the Arbitration and Conciliation Act, 1996 (act), prescribes that a person whose relationship with the parties or the counsel or the subject matter of dispute falls under any of the categories...
Court clarifies conditions for reopening of accounts
A Supreme Court bench comprising justices Indu Malhotra and MR Shah has held that the observations made by the National Company Law Tribunal (NCLT) while making an order under sections 241 and 242 of...
RBI’s localization mandate: Cure without a problem?
The Reserve Bank of India (RBI), recently, issued clarifications to its 6 April 2018 directive on localization of payment data. The directive mandated payment system operators (PSO) to store their entire data relating to...
Overview and evolution of law of adverse possession
The concept of adverse possession relates to the process of acquisition of title by the person in possession of the property despite not being the owner. If the possessor remains in continuous possession of...
Supreme Court clarifies pilot’s right to withdraw resignation
In a recent judgment in the Air India Express Limited v Capt. Gurdarshan Kaur Sandhu, the Supreme Court discussed the rights and limitations of an employee withdrawing the resignation tendered earlier.
Sandhu, who was working...
Holding company cannot be prosecuted over dispute with subsidiary
In the case of Globe Group India Employees Union v Lufthansa German Airlines and Anr, the Supreme Court considered whether the holding company can be impleaded as a party before the labour court, when...
New partner to lead BMR’s GST practice
BMR Legal Advocates has hired Tarun Jain as a partner to lead its GST, customs and trade practice in Delhi. Jain has more than a decade of experience in areas of indirect tax policy,...
Only court in specified venue can appoint arbitrator
In its judgment in Brahmani River Pellets v Kamachi Industries, the Supreme Court held that when the parties agree to have the venue of arbitration at a particular place, only the high court with...
Supreme Court declines to apply group of companies doctrine in arbitration
The Supreme Court, in the recent judgment of Reckitt Benckiser (India) Ltd v Reynders Label Printing India Ltd, refused to invoke the group of companies doctrine (which bind non-signatory affiliates) to implead a foreign...
Offsite workers eligible for provident fund contribution
In a recent judgment in the Officer-in-charge, Sub Regional Provident Fund Office and Anr v Godawari Garments Limited, the Supreme Court held that a company is liable to pay provident fund contributions for its...
Shamnad Basheer: A ‘guiding light’ fades away
One of the dearest mentors of the legal profession dies at the age of 43
Shamnad Basheer, a well-known and highly regarded legal scholar, teacher, writer, activist and lawyer, has unexpectedly passed away at the...
SEBI limits exemption from open offer on debt conversion
The Securities and Exchange Board of India (SEBI) no longer considers entities that are not scheduled commercial banks (SCBs) or all India financial institutions (AIFIs) as “lenders” for exemption from a mandatory open offer...
IPAB on appointment and role of neutral experts
The Intellectual Property Appellate Board (IPAB) has made many attempts to examine facts in individual cases using expert evidence to prove technical and complex facts and to set the tone for the future conduct...
