Web Analytics


Our publications:
Our publications
Home Search

Search results: The Supreme Court

resignation

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

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

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

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

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...
Off-site workres eligible for provident fund contribution

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

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

SEBI limits exemption from open offer on debt conversion

By Ambarish and Mihir Roy, Shardul Amarchand Mangaldas & Co
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

IPAB on appointment and role of neutral experts

By DPS Parmar, LexOrbis
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...
India Business Law Journal

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...
Supreme Court

Unstamped agreements cannot trigger arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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...
independent directors

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...
top foreign law firm india 2019

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...
provident funds

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

SEBI raises questions on IBC’s overriding provisions

By Abhishek Dutta, Manish Parmar and Sayli Petiwale, Aureus Law Partners
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...
resolution

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)...
class action

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...
policy

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...
resolution

Views on RBI’s new stressed asset resolution framework

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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

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...
modi government

Wish list

As the Modi government comes back to power, Lawyers tell Gautam Kagalwala about their expectations for the new term The ruling Bharatiya Janata Party led by Prime Minister Narendra Modi has won the elections resolutely...
India Business Law Journal

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

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors
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)...
insolvency

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates
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...
insolvency

Charting the way ahead for IBC

By Dhananjay Kumar and Hamraj Singh, Cyril Amarchand Mangaldas
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...
Bankruptcy

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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...
labour laws

SC weighs in on interplay of labour laws and IBC

By Abhishek Dutta and Vineet Shrivastava, Aureus Law Partners
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...
patent dispute

Importance of expert testimony in patent cases

By DPS Parmar, LexOrbis
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...
accounting firms

In a bind

A blurred demarcation between lawyers and accountants raises interesting questions about the future structure of law firms. Vandana Chatlani reports Earlier this month, the Bar Council of Delhi issued a notice to the “Big Four”...
Flat purchase agreements

Flat purchase agreements no longer one-sided game

By Pritvish Shetty and Vistasp Irani, Vidhii Partners
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

Smart cities mission risks ushering in Orwellian future

By Rachika A Sahay and Aakash Sharma, HSA Advocates
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”...
india advertising laws

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...
Grounded Jet Airways

Grounded

Did the reluctance of Jet Airways’ creditors to pursue bankruptcy proceedings point to turbulence in the insolvency regime? Rebecca Abraham reports Editor’s note: The National Company Law Tribunal (NCLT) Mumbai bench admitted the insolvency petition...
News in brief

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...
government alter employment contract

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

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

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...
bankrupt-bankrupcy

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...
Anti-counterfeiting-measures-in-draft-e-commerce-policy-risk-slowing-down-online-trade-in-India

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...
PRAVIN-ANAND-is-the-managing-partner-and-DHRUV-ANAND-is-a-partner-at-Anand-and-Anand.-Udita-M-Patro,-a-managing-associate,-assisted-with-the-article.

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...
Essenese Obhan 是 Obhan & Associates律师事务所的创始合伙人,Taarika Pillai是Obhan & Associates律师事务所的高级律师 印度视野:在线维护品牌

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...
dispute-digest-law-journal

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

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...
dispute-digest-water-privatization

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...
Arun-Prabhu-Samraat-Basu-Cyril-Amarchand-Mangaldas

Draft e-commerce policy – the devil is in the details

By Arun Prabhu and Samraat Basu, Cyril Amarchand Mangaldas
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...
Supriya Majumdar Vidhii Partners

Arbitrability of disputes under Transfer of Property Act

By Supriya Majumdar, Vidhii Partners
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...
Abhishek Dutta, Sayli Petiwale, Aureus Law Partners

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners
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...
Karthik Somasundram and Sneha Jaisingh Bharucha & Partners April

Court says consumers not obliged to seek arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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...
Deepak-Sabharwal,-Deepak-Sabharwal-&-Associates

Deadline to file written statement mandatory

By Deepak Sabharwal, Deepak Sabharwal & Associates
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...
Shweta-Bharti-Hammurabi-&-Solomon

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon
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...
Karan-Singh-Chandhio-Vikram-Sobti-Chandhiok-Mahajan

Competition Act gets constitutionality check

By Karan Singh Chandhiok, Vikram Sobti and Lagna Panda, Chandhiok & Mahajan
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, cover story, India Business Law Journal Feb 2019

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...
Vistasp-Adil-Irani-Vidhii-Partners-business-law

Succession of tenants made clearer under Rent Act

By Vistasp Adil Irani, Vidhii Partners
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...
Ramya-Hariharan-Asmita-Rakhecha-HSA-Advocates-business-law

Lenders face a choice between debtor, guarantor

By Ramya Hariharan and Asmita Rakhecha, HSA Advocates
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...
Bharat-Vasani-Cyril-Amarchand-Mangaldas

DTH industry’s uphill battle with policies, competition

By Bharat Vasani, Cyril Amarchand Mangaldas
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...
Bhumika-Batra-Sachita-Shetty-Crawford-Bayley-&-Co-business-law

Avoiding pitfalls in forging strategic alliances in India

By Bhumika Batra and Sachita Shetty, Crawford Bayley & Co
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

By Omesh Puri, LexOrbis
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...
Gerald-Manoharan-J-Sagar-Associates

Are tenancy-related disputes arbitrable?

By Gerald Manoharan and Vishnu Vinayak, J. Sagar Associates
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...
Shilpa-Mankar-Ahluwalia-Himanshu-Malhotra-Shardul-Amarchand-Mangaldas-&-Co

Aadhaar Act amendments take steps in right direction

By Shilpa Mankar Ahluwalia and Himanshu Malhotra, Shardul Amarchand Mangaldas & Co
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...
Akshay-Nagpal-Niharika-Choudhary-L&L-Partners

FOCCs investing in OCIs – a mystery akin to Narasimha?

By Akshay Nagpal and Niharika Choudhary, L&L Partners
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?...
Karthik-Somasundram-and-Sneha-Jaisingh,-Bharucha-&-Partners

Supreme Court settles turf war between TRAI and CCI

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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...
Abhishek-Dutta-Vineet-Shrivastava-Aureus-Law-Partners-March

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners
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...
Amit-Ronald-Charan-Sounak-Chakraborty-SNG-&-Partners

Key principles governing documentary transactions

By Amit Ronald Charan and Sounak Chakraborty, SNG & Partners
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...
Property

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...
Board meeting procedures clarified

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...
Seat determines which court can regulate proceedings

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...
CreditAccess India capital money

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...
suit-property-court-judge-business-law-india

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...
ship-sea-logistic-business-law-port-container

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...
Judge-Court-Business-Law-Firm-Lawyer-India

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...
best indian law firms 2019

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...
Environmental-compliance-Environmental-Lawyer-law-firm-Air-Act-Water

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...
troll-talk-disinfrmation-media-regulation-law-firms-2

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...
Goldsmith-Peter-law-firm-lawyer

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...
vantage-point-fire-safety-law-firm-lawyer-india

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...
Venkatesh-Vijayaraghavan-and-Akshaya-Iyer-SR-Associates-2

Independent directors: Staying mindful of liabilities

By Venkatesh Vijayaraghavan and Akshaya Iyer, S&R Associates
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...
Karthik Somasundram and Sneha Jaising, Bharucha & Partners

Supreme Court: Place of arbitration not always seat

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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...
Arun Prabhu, Cyril Amarchand Mangaldas

Intermediary liability rules: A not-so-safe harbour?

By Arun Prabhu, Cyril Amarchand Mangaldas
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...
Pritvish Shetty and Chaitrika Patki, Vidhii Partners

RERA anti-bias clause: Will it stand the test of time?

By Pritvish Shetty and Chaitrika Patki, Vidhii Partners
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...
Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners

IBC: Law of guarantees and corporate insolvency process

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners
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...
Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co

Aadhaar: The way forward for fintech companies

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
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-frontier-India

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...
Vikram-Jeet-Singh-Prashant-Mara

Intermediary liability in India – moving goalposts

By Vikram Jeet Singh and Prashant Mara, BTG Legal
 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...
India Business Law Journal

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-indian-lawyers

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-India

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...
Tejas-Karia-Shashank-Mishra

Indian data privacy bill: the road ahead

By Tejas Karia and Shashank Mishra, Shardul Amarchand Mangaldas
 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

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...
A photo of Vasanth Rajasekaran who talks about cement prices in India and the changes brought by CCI and NCLAT

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 | India Business Law Journal

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...
Insolvency and Bankruptcy Code

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...
india-legal-developments-2018

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...
Bharat-Vasani-and-Vidhi-Sharma-Cyril-Amarchand-Mangaldas--2

Electronic surveillance: Much ado about nothing?

By Bharat Vasani and Vidhi Sharma, Cyril Amarchand Mangaldas
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...
Omesh-Puri-and-Dheeraj-Kapoor-LexOrbis - 副本

Joint suit allowed for design infringement, passing off

By Omesh Puri and Dheeraj Kapoor, LexOrbis
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 –...
Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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...
Deepak-Sabharwal-Deepak-Sabharwal-&-Associates - 副本

Advertisements protected as freedom of speech

By Deepak Sabharwal, Deepak Sabharwal & Associates
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)...
Abhishek-Dutta,-Vineet-V-Shrivastava-and-Manish-Parmar-Aureus-Law-Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners
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...
Business Law Journal, letter to the editor

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...
India Business Law Journal

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

By Poonam Verma, J. Sagar Associates
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

By Arun Prabhu, Cyril Amarchand Mangaldas
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

By Pranav Shroff, Vidhii Partners
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

By Sudipta Bhattacharjee and Shashank Shekhar, Advaita Legal
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

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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 says the Supreme court of India

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...
David-White-Director-AlixPartners-2

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...
DO-LAWYERS-FROM-THE-LOWER-RUNG-SCHOOLS-STAND-A-CHANCE

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?

By Aprajita Nigam and Mahima Madan, LexOrbis
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...

Follow us on WhatsApp for latest updates

Follow now