Home Search
Search results: The Supreme Court
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...
Think big, act bold
Lawyers weigh in with their demands from the new government
Forecasting the monsoon is not a task for the fainthearted. Despite changing climate patterns, few foresee changes in the reach and reliability of the torrential...
Unstamped agreements cannot trigger arbitration
Can an arbitration stipulation in an unstamped or unregistered agreement be enforced? The Supreme Court had settled this issue in the SMS Tea Estates (2011) case. It held that an arbitration stipulation is not...
Risky proposition
The role of an independent director is an unenviable one, argues Nitin Mittal
To be, or not to be, that is the dilemma a number of independent directors are grappling with these days. In the Punjab...
Leaders of the pack
Top India-focused Law Firms 2007
Top India-focused Law Firms 2008
Top India-focused Law Firms 2009
Top India-focused Law Firms 2010
Top India-focused Law Firms 2011
Top India-focused Law Firms 2012
Top India-focused Law Firms 2013
Top India-focused Law Firms 2014
Top India-focused...
Skipping out
A Supreme Court judgment on provident funds provides a poignant reminder to employers to ensure they are complying with the law. By Amit Wadhwa and Puneet Gupta
To provide a social safety net to retired...
SEBI raises questions on IBC’s overriding provisions
A recent challenge by the Securities and Exchange Board of India (SEBI) before the Supreme Court exemplifies how the Insolvency and Bankruptcy Code, 2016 (IBC), remains a heavily contested field. The Supreme Court is...
RBI issues new framework for stressed asset resolution
The Reserve Bank of India (RBI) issued a revised framework for resolution of stressed assets after the Supreme Court struck down its 12 February 2018 circular. The Framework for Resolution of Stressed Accounts (FRESA)...
Supreme Court clarifies criteria for class action suit
The Supreme Court overruled a judgment passed by the National Consumer Disputes Redressal Commission (NCDRC) in holding that in class action suits, the oneness of the interest is akin to a common grievance against...
Suppression of facts by insured renders policy void
In a recent judgment in the Reliance Life Insurance Ltd v Rekhaben Nareshbhai Rathod case, the Supreme Court dealt extensively with the disclosure obligations of the insured and held that any suppression, untruth or...
Views on RBI’s new stressed asset resolution framework
The Supreme Court, in Dharani Sugars and Chemicals Ltd v Union of India, quashed the Reserve Bank of India’s (RBI) directions of 12 February 2018 on resolution of stressed assets on certain grounds such...
Liquidation under IBC
Dear Editor,
In the matter of SC Sekaran vs Amit Gupta & Ors, relying on the decisions of the Supreme Court in Swiss Ribbons Pvt Ltd & Anr v Union of India & Ors and...
Historic mandate
Challenges abound as India’s new government takes charge
Applause for the efficient running of the recent elections has been loud and long. With 900 million potential voters, 12 million polling workers and a million polling...
Insolvency code: Judicial trends
Abhishek Tripathi and Avantika Shukla look at role of adjudicating bodies in IBC's evolution
The Insolvency and Bankruptcy Code, 2016 (IBC), is considered to be among the biggest achievements of the National Democratic Alliance (NDA)...
Giving creditors their fair share
Protecting the interests of operational creditors is key to IBC's success, writes Mahesh Agarwal
The preamble of the Insolvency and Bankruptcy Code, 2016 (IBC), lays out the code’s dual objectives of “maximization of value of...
Charting the way ahead for IBC
Dhananjay Kumar and Hamraj Singh suggest ways to speed up insolvency resolution
The Insolvency and Bankruptcy Code, 2016 (IBC) emphasizes the importance of “time-bound” reorganization and resolution for distressed entities and it is touted as...
Courts play prudent role in IBC’s logical evolution
The bankruptcy process in India before the enactment of the Insolvency and Bankruptcy Code, 2016 (code), was fragmented with the rights of creditors and debtors decided by different judicial forums with sometimes conflicting decisions...
SC weighs in on interplay of labour laws and IBC
India as a welfare state has enacted various labour laws in order to ensure the protection and promotion of the social and economic status of workers and the elimination of their exploitation.
Under the Indian...
Importance of expert testimony in patent cases
The grant of a patent invariably follows a thorough examination by expert patent examiners of the patent offices. In some jurisdictions, this grant carries with it the presumption of validity. In India, however, the...
Flat purchase agreements no longer one-sided game
When signing an agreement, it would be fair to presume that an individual reads, understands and vets the terms and conditions set forth in the document. Otherwise, it would be impossible to prove the...
Smart cities mission risks ushering in Orwellian future
The Smart Cities Mission was launched by the government in June 2015 with a goal to develop 100 smart cities by 2020 (the deadline has been revised to 2023 now). Though a “smart city”...
Running in circles
Preeti Balwani evaluates the country's labyrinthine advertising laws and their impact on the industry
Advertisements are at the heart of commercial speech, which the Supreme Court has held is a part of freedom of speech...
News in brief
CAM GETS IBC PARTNER
Cyril Amarchand Mangaldas has hired Richa Roy as a partner in its insolvency and bankruptcy and policy practice in Mumbai. Roy recently worked as a graduate research fellow at the University...
Minimum Wages Act does not empower government to alter terms of contract
In the case of Hindustan Sanitaryware and Industries Ltd & Ors v State of Haryana and Faridabad Industries Association v State of Haryana and Ors, the Supreme Court held that the government, in reconsidering...
Ineligible person cannot appoint arbitrator
In a recent judgment in the Bharat Broadband Network Ltd. (BBNL) v United Telecoms Ltd case, the Supreme Court held that the appointment of an arbitrator by a person ineligible to be an arbitrator...
Trade unions are operational creditors under insolvency code
The Supreme Court, in the recent case of JK Jute Mill Mazdoor Morcha v Juggilal Kamlapat Jute Mills Company Ltd through Its Director & Ors, held that a trade union can file as an operational...
Much ado about nothing?
Dear Editor,
Recently, the Supreme Court struck down a Reserve Bank of India (RBI) circular. The February 2018 circular was intended to overhaul the earlier restructuring frameworks and to mandate banks and financial institutions to...
Caught up in courts
Commercial courts and mandatory mediation are welcome steps, but it will take a lot more to unclog the legal system, writes K Satish Kumar of Ramco Systems
Doing business in India is a catch 22...
Weak links
As regulation races to keep up with the digital evolution, the rapid pace of change can create its own weaknesses in the chain of protection and enforcement. Gautam Kagalwala reports on how India's draft...
The Monsanto judgment
PRAVIN ANAND and DHRUV ANAND say Supreme Court decision is a lease of life for biotech innovation
The Supreme Court of India pronounced the most anticipated judgment on patent law issue in recent times on 8 January 2019, restoring...
Safeguarding brands online
ESSENESE OBHAN and TAARIKA PILLAI analyze online counterfeiting, intermediary liability rules
The spread of user-generated content and e-commerce platforms, combined with competition for website traffic demands new strategies to monitor the online use of trademarks...
Departmental proceedings during criminal trial not contempt of court
The Supreme Court, in hearing an appeal against a Bombay High Court judgment in the Secretary, Lucy Sequeira Trust and Anr v Kailash Ramesh Tandel And Ors case, held that the initiation of a...
One-sided clauses in builder-buyer agreements unfair, says Supreme Court
In the Pioneer Urban Land & Infrastructure Ltd v Govindan Raghavan case, the Supreme Court held that a contract that is one-sided and against the interests of buyers cannot be final and binding if...
Pre-deposit clauses to invoke arbitration struck down
In a recent judgment in ICOMM Tele Ltd v Punjab State Water Supply and Sewerage Board and Anr, the Supreme Court struck down a clause requiring a pre-deposit to invoke arbitration proceedings between the...
Draft e-commerce policy – the devil is in the details
The Department for Promotion of Industry and Internal Trade (DPIIT) issued a revised draft of the National E-commerce Policy (policy) on 23 February 2019 seeking feedback and comments from stakeholders. The policy seeks to...
Arbitrability of disputes under Transfer of Property Act
Generally, disputes of civil or commercial nature that can be adjudicated by a civil court can also be settled through arbitration, unless barred expressly or by necessary implication. It is now settled that certain...
NCLAT says statutory dues also operational debt
The National Company Law Appellate Tribunal (NCLAT) on 20 March 2019 dismissed a batch of appeals in the matter of PR Director General of Income Tax (Admn & TPS) v Synergies Dooray Automotive Ltd...
Court says consumers not obliged to seek arbitration
Section 8 of the Arbitration and Conciliation Act, 1996 (act), requires judicial authorities to refer parties to arbitration. The Supreme Court in the P Anand Gajapathi Raju (2000) and Sukanya Holdings (2003) cases prescribed...
Deadline to file written statement mandatory
In order to ensure speedy disposal of cases, especially relating to commercial disputes, the Supreme Court held that commercial courts do not have the power to grant more than 120 days to defendants to...
Commercial implications of RBI circular strike-down
The Supreme Court recently struck down the Reserve Bank of India Circular dated 12 February 2018 (RBI circular), which directed banks to mandatorily initiate corporate insolvency resolution process (CIRP) for defaulting companies with loan...
Competition Act gets constitutionality check
In a seminal decision, Delhi High Court, while deciding on the constitutionality of certain provisions of the Competition Act, 2002 (act), has given various observations on the remit of the Competition Commission of India...
The battle continues
Candid conversations with some of India’s fiercest women litigators show that thriving at the bar requires tenacity, toughness and the courage to take down patriarchy. Vandana Chatlani reports
Ligating in India’s courtrooms is not for...
Succession of tenants made clearer under Rent Act
Tenancy rights have always been considered a valuable property right, often leading to disputes on the death of a tenant and raising questions as to who qualifies as a member of the tenant’s family...
Lenders face a choice between debtor, guarantor
Guarantee as a form of collateral security is popular in financing deals as the liability of a guarantor and the principal debtor are coextensive. Thus, the creditor has a remedy against both the principal...
DTH industry’s uphill battle with policies, competition
India is one of the largest direct-to-home (DTH) television markets globally in terms of subscribers. Of the approximately 197 million television viewing homes, 69 million are DTH subscribers. The significant increase in DTH subscribers...
Avoiding pitfalls in forging strategic alliances in India
Many companies in developing countries find it difficult to adapt due to increasing competition and the integration of markets. Mergers and acquisitions is one strategic option, but it may end up being a complex,...
No ‘mini trial’ at interim injunction stage
The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge’s order refusing interim injunctions against the use of similar designs of Crocs footwear.
Various suits were filed...
Are tenancy-related disputes arbitrable?
The Transfer of Property Act, 1882 (act), provided a general legislation regarding the transfer of immovable properties and interests. Subsequently, with the view of specifically regulating tenancy relationships, primarily to control inflated rentals and...
Aadhaar Act amendments take steps in right direction
Fintech players in India had effectively leveraged the Aadhaar-based know-your-customer authentication services (Aadhaar KYC) made available by the Unique Identification Authority of India (UIDAI) to onboard customers quickly and at a fraction of the...
FOCCs investing in OCIs – a mystery akin to Narasimha?
Can a foreign-owned and controlled Indian companies (FOCC) invest in an Indian company through optionally convertible instruments such as optionally convertible debentures (OCDs) and optionally convertible preference shares (collectively, OCIs) of another Indian company?...
Supreme Court settles turf war between TRAI and CCI
Reliance Jio has, without doubt, caused a revolution in the telecommunications industry, but it also created a conflict between two regulators – the Competition Commission of India (CCI) and the Telecom Regulatory Authority of...
Supreme Court upholds constitutional validity of IBC
The Supreme Court, while deciding the constitutional validity of various provisions of the Insolvency and Bankruptcy Code, 2016 (code), in the case of Swiss Ribbons Pvt Ltd v Union of India, upheld the mandate...
Key principles governing documentary transactions
A letter of credit (LoC) is a common documentary credit instrument in settling trade between nations. The documentary credit transaction process involves the applicant for the credit (buyer) and the beneficiary (seller) entering into a...
Relief for property buyers misled by vendors
Applying the principle of feeding the grant by estoppel under section 43 of the Transfer of Property Act, 1881, the Supreme Court in a recent judgment granted relief to a party who was misled...
Former directors must be given agenda before creditors meeting
The Supreme Court, while dealing with an issue relating to the Insolvency and Bankruptcy Code, 2016 (IBC), held that former members of the board of directors, being vitally interested in resolution plans that may...
Defendants must file written statement within 120 days
In a recent judgment, the Supreme Court considered whether a written statement can be filed by a defendant after 120 days, the maximum time period provided under the amended provisions of order VIII, rule...
Supreme Court clarifies definition of basic wages
The Supreme Court, in a recent judgment, clarified whether allowances paid to employees would fall within the definition of basic wages in the context of calculating contributions to employee’s provident funds (PF).
The case, in...
Supreme Court lists requirements for specific performance of suit
The Supreme Court in a recent judgment laid down requirements for the parties in their respective pleadings, and proof with evidence in accordance with law for the specific performance of a suit.
In Kamal Kumar...
Tribunal rules against NTPC in shipping dispute
In a recent judgment, an arbitral tribunal constituted of Justice Vikramajit Sen (retired), Justice B P Singh (retired) and Justice Anil Kumar (retired) passed an arbitration award on 27 January 2019 in favour of...
Former employee able to act as arbitrator
The Supreme Court recently held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided there are no doubts about his independence and impartiality. The...
Indian Law Firm Awards 2019
Indian Law Firm Awards 2023
Indian Law Firm Awards 2022
Indian Law Firm Awards 2021
Indian Law Firm Awards 2020
Indian Law Firm Awards 2018
Indian Law Firm Awards 2017
Indian Law Firm Awards 2016
Indian Law Firm Awards 2015
Indian Law...
Supreme Court clarifies NGT jurisdiction
Dear Editor,
On 18 February 2019, a two-judge bench of the Supreme Court of India in the case of Tamil Nadu Pollution Control Board v Sterlite Industries (I) Ltd & Ors set aside the orders...
Trolls and trash talk
The speed at which information spreads online can seriously damage a company, and ensuring an adequate grievance mechanism for disgruntled employees is crucial as the law balances ill intent with freedom of speech, writes...
Tipping point
Lord Peter Goldsmith QC, PC recently gave an inaugural address to the 11th Annual International Arbitration Conclave in New Delhi, where he put a spirited case against changes to the law proposed in the...
A burning issue
Meeting fire safety guidelines is not just a matter of compliance but a critical business decision that can help save lives and businesses. Amit Wadhwa makes the case
A large fire at Hotel Arpit Palace...
Independent directors: Staying mindful of liabilities
The role of independent directors has recently come into sharp focus in India, as lax oversight has led to crises at large listed companies. Independent directors should be aware of and mitigate potential liabilities.
Liabilities
Directors...
Supreme Court: Place of arbitration not always seat
On what basis is the “seat” of an arbitration determined if the arbitration agreement specifies only the venue of hearing? The three-judge bench of the Supreme Court answered this issue in Union of India...
Intermediary liability rules: A not-so-safe harbour?
The Ministry of Electronics and Information Technology has released a draft of the proposed Information Technology Intermediaries Guidelines (Amendment) Rules, 2018, under section 79 of the Information Technology Act, 2000, for public consultation and...
RERA anti-bias clause: Will it stand the test of time?
Before the introduction of the Real Estate (Regulation and Development) Act, 2016 (RERA), real estate developers were allowed to pass on the title of the flats or units being constructed to a specific group...
IBC: Law of guarantees and corporate insolvency process
The National Company Law Appellate Tribunal (NCLAT), in its recent ruling in the case of Vishnu Kumar Agarwal v Piramal Enterprises Ltd, while examining the validity of an application made under section 7 of...
Aadhaar: The way forward for fintech companies
Fintech has caused significant disruption in the financial services industry. Aadhaar (a unique identity number-based on biometric data) was, probably, the single largest factor that contributed to the exponential growth in fintech products in...
Legal frontiers
Leading law firms shed light on the cutting-edge practice areas that are receiving the attention of India’s top legal minds
Internet platform liability
Bankruptcy & insolvency
Data privacy
Taxation
INTERNET PLATFORM LIABILITY
Intermediary liability in India...
Intermediary liability in India – moving goalposts
INTERNET PLATFORM LIABILITY
The internet has revolutionized the way we interact; however, it has also brought with it a host of problems such as hate speech, terrorist recruitment, fake news, illegal lobbying, and personal data...
Reaching for the stars
Can the new insolvency regime achieve all that it sets out to do?
A veritable logjam of cases awaits the attention of the National Company Law Tribunal, suggesting the task of recovering unpaid corporate loans...
Employee can leave if not bound by contract terms
The Supreme Court held that an employee has a right to resign from their job and cannot be forced to serve if they are not willing to stay on. An employee can be stopped...
Clarification on inconsistencies between companies act, IBC
The Supreme Court held that an employee has a right to resign from their job and cannot be forced to serve if they are not willing to stay on. An employee can be stopped...
Indian data privacy bill: the road ahead
DATA PRIVACY
The European Commission recently released a set of statistics reflecting on the “compliance, enforcement and awareness” of the General Data Protection Regulation (GDPR), which has been in force for over 10 months now....
Supreme Court defines ‘continuous service’ under IDA
The Supreme Court recently held that an employee who abandons work voluntarily cannot be defined as an employee who is in “continuous service”, which is a requirement for the applicability of section 25F of...
Analysis: the cement price-fixing dispute
VASANTH RAJASEKARAN of Phoenix Legal provides an insider’s perspective
The Builders Association of India (BAI) brought an action under section 19 of the Competition Act, 2002 against the Cement Manufacturers Association (CMA) and 11 major cement...
Deals of the Year 2018
Deals of the year 2022
Deals of the year 2021
Deals of the year 2020
Deals of the year 2019
Deals of the year 2017
Deals of the year 2016
Deals of the year 2015
Deals of...
In sickness & health
Rajiv Choubey explores the evolution of law surrounding insolvency and bankruptcy, and how regulations designed to protect sick companies had been misused until the Insolvency and Bankruptcy Code was enacted
Insolvency and Bankruptcy Code 2016
The...
2018: The year that was
Aman Abbas and Anant Ghuge review the major legal issues and policy developments that made headlines in India’s mainstream media
The pages, websites and studios of the mainstream media were buzzing with matters before India’s...
Electronic surveillance: Much ado about nothing?
On 20 December 2018, the Ministry of Home Affairs (MHA), Cyber and Information Security Division, issued an order authorizing ten security and intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received...
Joint suit allowed for design infringement, passing off
A special bench of five judges of Delhi High Court in its judgment in Carlsberg Breweries v Som Distilleries and Breweries Limited held that a composite suit that joins two causes of action –...
Time-barred debts and the insolvency code
The Insolvency and Bankruptcy Code, 2016, has been construed as a complete code. Based on that construction and noting that the code contained no provision expressly making the Limitation Act applicable, and as the...
Advertisements protected as freedom of speech
The Delhi High Court, in a 17 November 2018 interim order (subject to the final outcome of the case) in Horlicks and Anr v Heinz India, held that advertisements are protected under article 19(1)...
Existence of dispute under insolvency code
Under the Insolvency and Bankruptcy Code, 2016, the corporate insolvency resolution process (CIRP) can be initiated by an operational creditor if there is no dispute in relation to the default on the part of...
Matters cannot be remanded to arbitrator for fresh decision
The Supreme Court recently held that a court, while deciding a section 34 petition under the Arbitration and Conciliation Act, 1996, has no jurisdiction to remand the matter to an arbitrator for a fresh...
Supreme Court clarifies distinction between ‘place’ and ‘seat’ of arbitration
The Supreme Court recently considered the legal issue regarding the specification of a “place” or “venue” for arbitration in an arbitration agreement, and if the agreement is silent with respect to the “seat”, then...
Contract not violated when terms become impossible to service
Delhi High Court recently held that when a party is obligated to perform an act which becomes impossible, there is no breach of contract.
In New Delhi Municipal Council v Manohar Stone Crushing Co &...
Customer database does not qualify as a trade secret
Delhi High Court recently examined whether a list of customers/clients together with information about their contact persons/numbers maintained by a service provider has copyright.
In Navigator Logistics Ltd v Kashif Qureshi & Ors, the plaintiff,...
Government constitutes accounting regulator
The Ministry of Corporate Affairs (MCA) notified the constitution of the National Financial Reporting Authority (NFRA) on 1 October 2018. NFRA is mandated to act as an independent regulator for the accounting and auditing...
CBDT issues final notification on securities tax exemption
The Finance Act, 2018, withdrew an exemption under section 10(38) of the Income Tax Act, 1961 (ITA), on long-term capital gains (LTCG) arising from the transfer of listed equity shares or units of an...
Celebration at SS Rana & Co
SS Rana & Co celebrated the 50th work anniversary of their founding partner Bindra Rana by throwing a surprise party for her on 8 November. The celebration was held at the Bar Council of...
Weighed down
Companies need to look beyond the law to provide safe workplaces for women. Addressing gender inequality should start with the leadership recognizing that issues exist, writes Shraddha Mor Agrawal
Women in workplaces have traditionally struggled...
The law isn’t fair to men
Dear Editor,
The Supreme Court’s ruling allowing women to enter the Sabarimala temple in Kerala, irrespective of their age, shows a will for society to be an equal place for men and women. Earlier, women...
Deals in brief – November 2018
SBI lists green bonds MTNs
State Bank of India (SBI) completed a maiden green bond offering as well as Medium Term Notes (MTN) issue on the Global Securities Market (GSM) platform of Bombay Stock Exchange’s...
Worthy challenges
Is it still one step forward, two steps back for India?
While this is arguably the case for aspects of the economic and financial fabric of the country, progress has been seen with regard to...
Power sector ‘change in law’ disputes see faster resolution
The Indian infrastructure story has been a mixed bag in the last five years. While there is a boom in infrastructure projects, private investment in the sector has fallen short of earlier estimates. One...
Aadhar and private firms: State of play of section 57
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Aadhaar act), and the related regulations create an extensive framework regulating requesting entities and their usage of Aadhaar information.
In sharp...
IBC amendment gives voice to beleaguered homebuyers
The recent amendment to the Insolvency and Bankruptcy Code 2016 (IBC) has created a special status for the homebuyers as “financial creditors” with effect from 6 June 2018. The amendment was brought into force...
Constitutionality of GST on royalties for mining leases
Payment of royalties to the relevant governments is a common feature across the entire spectrum of mining leases in India (and across the world), irrespective of the type of mineral.
Since the expansion of the...
Supreme Court says arbitral award not operational debt
Is an arbitration award against which a challenge is pending under the Arbitration and Conciliation Act, 1996, sufficient to commence insolvency proceedings under the Insolvency and Bankruptcy Code, 2016? “No”, said the Supreme Court...
Limitation Act applies to IBC proceedings
The Supreme Court, while hearing an appeal against an order of National Company Law Appellate Tribunal (NCLAT), held that Limitation Act, 1963, is applicable to applications filed under the Insolvency and Bankruptcy Code, 2016...
Doctors not liable for outcome of surgery
The Supreme Court of India recently held that a surgeon or a doctor cannot guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person...
Deciphering data privacy
AlixPartners director David White has investigated financial fraud as part of the US Department of Justice’s multi-agency bank fraud taskforce and has served as special e-discovery counsel for numerous multinational Fortune 100 companies. India...
No prizes for second place
Elite national law universities have captured the corporate law world. Do lawyers from the lower-rung schools stand a chance? Rebecca Abraham takes a look at the challenges for aspiring lawyers
The Common Law Admission Test...
Former CJI launches new arbitration guide
A partner at Kachwaha & Partners, launched his book Principles of Law of Arbitration in India at New Delhi’s Hotel Imperial last month. The author, Dharmendra Rautray, said the book takes readers “through different...
Copyright infringement offences: Cognizable or not?
Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement...