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Five additional judges bound for the Supreme Court

In a move that should bring quicker resolution to the growing backlog of court cases, the Indian government has approved a Supreme Court request to increase its number of judges from 25 to 30...
Supreme Court guidelines speaking publicly about cases

Supreme court guidelines on speaking publicly about cases

By Ge-An Kathleena Salud, ACCRALAW
Legal matters often arise in the ever-evolving landscape of public discourse. However, there is often a delicate balance to be struck between permitting free speech and affecting ongoing judicial proceedings under the sub judice...
Arbitration Award Modification by Civil Judge

Supreme Court sets limits on award modification

The Supreme Court has upheld the sanctity of arbitration awards by overturning changes made to an award made by a civil judge and upheld by the high court. In the matter of SV Samudram v...
Supreme Court Interim Orders

Supreme Court rejects automatic vacation of stay orders

A five-judge bench of the Supreme Court has overturned a three-judge bench’s 2018 decision that all interim orders passed by high courts or lower courts automatically expire after six months and cannot be issued under...
Supreme Court tax regime for online gaming

Supreme Court to set tax regime for online gaming

By Shankey Agrawal, and Lopamudra Mahapatra, BMR Legal
The world of taxation has witnessed many regulatory controversies in the past, but very few have held the attention of policymakers like the online gaming industry has managed to do lately. India has experienced...

The Supreme People’s Court ruled in favor of Huahong New Material in the patent...

Fanda has assisted Huizhou Huahong New Materials Co., Ltd. (“Huahong New Material”) in obtaining the Supreme People's Court’s (“SPC”) recent final judgment (Judicial Review No. (2021) SPC Intellectual Property Zhi Xing Zhong No. 1172),...

Supreme Court’s stand on unstamped arbitration agreements

By Ila Kapoor and Surabhi Lal, Shardul Amarchand Mangaldas & Co
Against the background of a roller-coaster ride of conflicting rulings, the Supreme Court in its recent judgment in In Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 and the Indian Stamp Act...

The Supreme People’s Court ruled in favor of our client Keda Industrial Group in...

A five-member collegial panel at the Supreme People’s Court (“SPC”) recently issued decision in a trade secret misappropriation case filed by Jiangsu New Century Jiangnan Environmental Protection Co., Ltd. (“NCJEP”) against Keda Industrial Group...
Adish-C-Aggarwala-takes-reins-of-Supreme-Court-Bar

Adish Aggarwala takes reins of Supreme Court Bar

Adish C Aggarwala, former vice president of the Supreme Court Bar Association of India (SCBA) and senior advocate, was elected as its president. Senior advocate Dushyant Dave, who was SCBA president until he resigned in...

Supreme Court: Enterprises can be insurance consumers

By Safir Anand and Arpita Mukherjee, Anand and Anand
In April 2023, in a significant ruling, the Supreme Court of India held that where the purpose of an insurance cover is to indemnify the risk of loss or damages caused to an insured...
yatraa settle insolvency dispute

Supreme Court allows Ezeego, Yatra to settle insolvency dispute

The Supreme Court on 2 May allowed Ezeego One Travel and Tours to withdraw its insolvency dispute against Yatra Online following a settlement where Yatra would pay Ezeego INR16 million (USD194,000). Earlier in March 2023,...
India Supreme Court directive on ad hoc arbitrator fee

Supreme Court directive on ad hoc arbitrator fee

An arbitration between the Oil and Natural Gas Corporation (ONGC) and Afcons Gunanusa commenced in 2015, but a disagreement arose over the fee to arbitrators and who should decide the issue. According to the parties’...

Supreme Court decision clouds insolvency process

The Supreme Court’s judgment in the case of Vidarbha Industries Power v Axis Bank opened a Pandora’s box earlier this year when it unsettled a long established practice of the adjudicating authority admitting insolvency...

Supreme Court’s Vidarbha ruling undermines India’s insolvency law

By Shardul Shroff and Misha, Shardul Amarchand Mangaldas & Co
The judgment of the Supreme Court in Vidarbha Industries Power v Axis Bank has sparked widespread controversy by overturning settled law that now requires adjudicating authorities to look beyond existence of debt and default while...
India supreme court on financial creditorsvideo

Supreme Court says financial creditors not so supreme

By Sudeshna Guha Roy and Elisha Vaswani, Bharucha & Partners
In the recent case of Vidarbha Industries Power Limited v Axis Bank Limited, the Supreme Court held that the National Company Law Tribunal (NCLT), as the adjudicating authority, has discretion to admit or reject...
SEBI must disclose says Supreme Court, Sneha Jaisingh

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners
The Securities and Exchange Board of India (SEBI) issued the SEBI (AF) Regulations, 2003 (regulations), to regulate unlawful, fraudulent and unfair trade practices in the securities market. The regulations give SEBI and the investigating...
P&A-on-track-with-bullet-train-win-in-Supreme-Court

P&A on track with bullet train win in Supreme Court

P&A Law Offices represented the National High Speed Rail Corporation when the Supreme Court of India quashed an order of Delhi High Court directing it to reconsider a disqualified bid submitted in a foreign-funded...
Supreme Court clarifies award modifications

Supreme Court clarifies award modifications

The Supreme Court has held that an arbitrator allowing an application to modify an original award in the exercise of powers under section 33 of the Arbitration and Conciliation Act, 1996, was not sustainable...
Supreme Court- Party autonomy is the backbone of arbitration

Supreme Court: Party autonomy is the backbone of arbitration

The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
cryptos

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...
highway

Supreme Court says my way or no highway

By Rachika Sahay and Meghna Mishra, HSA Advocates
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

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...
creditors

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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....
arbitrator

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....
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...
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...
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...
Correspondents-CBLJ-1904-王炜-wang-wei-王天萌-Wang-Tianmeng

Supreme Court’s judicial interpretations boost business environment

By Wang Wei and Wang Tianmeng, Co-effort Law Firm
In recent years, the Supreme Court has continued to improve the bankruptcy adjudication system and market entity revival and exit mechanism, issuing a string of measures to provide a judicial backstop for improving the...
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...

Supreme Court denies extension of trademark registration

By Jack Su and Aileen Wu, Wanhuida Peksung IP Group
China’s Supreme People’s Court (SPC) reaffirmed in a recent Gazette case, Spider King Group Co Ltd v TRAB and USA Spider Group Limited, that the reputation built up on a prior mark may extend...
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...
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...
Shardul-S-Shroff-Misha-Shardul-Amarchand-Mangaldas-&-Co-law-front

Supreme Court puts aims of bankruptcy code to rest

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co
The Supreme Court of India on 25 January 2019 dismissed a challenge to the constitutional validity of the Insolvency and Bankruptcy Code, 2016, and has observed that the economic experiment conducted by means of...
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...
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...
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...
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...

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...

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...

Landmark supreme court judgment in Essar Steel case

By Shardul S Shroff and Roma Das, Shardul Amarchand Mangaldas & Co
The Supreme Court of India, on 4 October 2018, in ArcelorMittal India Private Limited v Satish Kumar Gupta & Ors, delivered a judgment on the interpretation of section 29A, which was introduced into the...

Supreme Court rules on reopening of tax assessment

The Supreme Court recently ruled on the issue of whether it is justifiable to reopen a completed assessment by the Income Tax Department. The court held that there must be tangible material to reopen...

Supreme Court clarifies scope of appeal before NCLAT

The Supreme Court recently held that the National Company Law Appellate Tribunal (NCLAT) does not have the jurisdiction to dismiss an appeal for a party’s failure to provide a deposit as a pre-condition for...

Supreme Court aims to end delays in corruption cases

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
In the words of Supreme Court Justice RF Nariman in Asian Resurfacing of Road Agency Pvt Ltd and Anr v Central Bureau of Investigation (28 March 2018): “The cancer of corruption has, as we...

Supreme Court decision on whether OEM constitutes trademark infringement

By Shi Yakai, Sanyou Intellectual Property Agency
The Supreme People’s Court has rendered a retrial judgment on 8 April 2018 on the high-profile “Dongfeng” OEM case, in which the court affirmed that the OEM act does not constitute a trademark infringement....
Foreign-lawyers-in-India

Supreme court interprets scope of work for foreign lawyers

In Bar Council of India v A K Balaji & Ors, the Supreme Court interpreted the expression “practise the profession of law” in the Advocates Act, 1961, which applies to foreign lawyers practising foreign law...

Supreme Court rules on synchronized trading case

The Supreme Court in a landmark judgement ruled on whether synchronized/reversal trades executed in the futures and options segment of the stock exchange violate the Securities and Exchange Board of India (Prohibition of Fraudulent...

Cement makers cheer as Supreme Court lifts ban

Cement manufacturers breathed a sigh of relief after the Supreme Court of India lifted its ban on the use of petroleum coke in the cement and limestone industries. The order stated that “pet coke...

Supreme Court resolves disputes over ‘dispute’

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners
A UN legislative guide states that insolvency law “should be transparent and predictable”. In India, different interpretations of the definition of “dispute” under the Insolvency and Bankruptcy Code, 2016, had led to disputes and...
Vivek Vashi and Utkarsh Srivastava, Supreme Court validates two-tier arbitration process

Supreme Court validates two-tier arbitration process

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners
A three-judge bench of the Supreme Court has upheld the validity of a two-tier arbitration procedure in India. This issue was referred to a larger bench owing to a split decision of a two-judge...
By Vivek Vashi and Shaheda Madraswala, Bharucha & Partners

Supreme Court upholds criminalizing of defamation

By Vivek Vashi and Shaheda Madraswala, Bharucha & Partners
The Supreme Court in its recent judgment in Subramanian Swamy v Union of India, Ministry of Law & Ors, considered the constitutional validity of the archaic sections 499 and 500 of the Indian Penal...

Supreme court rules on matters pertaining to agreement

In a key judgment in Velugubanti Hari Babu v Parvathini Narasimha Rao & Anr, the Supreme Court has held that where in proceedings before the high court under section 11 of the Arbitration and...

Supreme court says no tax at source on tips

In ITC Limited Gurgaon v Commissioner of IT (TDS) Delhi, the Supreme Court recently held that tips received by hotel employees do not amount to salary and hence an employer need not deduct tax...
By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners

Revamp of Supreme Court to trim backlog and costs

By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners
India’s Law Commission in its 229th Report noted the dire need to reduce the alarming backlog of cases in the Supreme Court as well as the spiralling costs of litigation for those living far...

Supreme Court finds no copyright in title of a work

Allowing an appeal in Krishika Lulla & Ors v Shyam Vithalrao Devkatta & Anr, the Supreme Court held that there is no copyright in the title of a literary work and a plaintiff can obtain...
CBLJ 1509 MP 001

Supreme People’s Court gives enterprise lending green light

The Supreme People’s Court has recognized the increasing borrowing and lending activity between enterprises as valid, but experts caution that restrictions remain of which corporate borrowers and lenders should be aware. The much-anticipated Regulations on...

Supreme People’s Court issues draft meeting minutes on labour issues

The Supreme People’s Court (SPC) issued draft meeting minutes regarding civil cases for public comment in April. The draft minutes provide guidance on several labour issues, but also leave several areas of uncertainty. First, it...
Wang-Yadong-and-Lu-Lei-Run-Ming-Law-Office

Supreme People’s Court gives clear legal prescription for trademark squatting

Reining in bad-faith trademark filing, or trademark squatting, is one of the stand-out features of the third revision of the Trademark Law that took effect 1 May 2014. In the year since the law...
Internet_censorship

Supreme Court declares section violates key rights

Ruling in Shreya Singhal v Union of India, the Supreme Court recently struck down section 66A of the Information Technology Act, 2000, declaring that it violated article 19(1)(a) of the constitution of India, which...

Latest Supreme Court case on taxing of tax incentives

By Karthik Sundaram and Tejus Golchha, Economic Laws Practice
The law relating to excise valuation in India has undergone a sea change due to the Supreme Court’s recent decision in the case of Super Synotex (India) and its earlier decision in Fiat India...
Vincent Mu is a senior associate at Martin Hu & Partners

Supreme court judgment again touches sensitive VIE nerve

By Vincent Mu, Martin Hu & Partners
In September 2011, a VIE (variable interest entity) analysis report purportedly issued by the China Securities Regulatory Commission (CSRC) caused a stir in the industry. After the news came out, the relevant regulators quickly...

Supreme Court upholds FDI policy in multi-brand retail

Holding that “on matters affecting policy, this court does not interfere unless the policy is unconstitutional or contrary to the statutory provisions or arbitrary or irrational or in abuse of power”, the Supreme Court...
Moot court hammer

Supreme Court interprets law on foreign-related disputes

On 28 December 2012, the Supreme People’s Court of China issued its Interpretation of the Law on the Application of Law to Foreign-related Disputes, which took effect on 7 January 2013. Article 10 of the...

Supreme Court says no to Glivec patent

Novartis, a Swiss pharmaceutical company, has lost its fight against a 2009 decision by the Intellectual Property Appellate Board (IPAB) that denied it a patent for its cancer drug Glivec. Dismissing a special leave...
Supreme Court’s ruling in PE case comes down to shareholder rights

Supreme Court’s ruling in PE case comes down to shareholder rights

By He Jun, Concord & Partners
On 7 November 2012, the Supreme People’s Court (SPC) rendered a final judgment in the first dispute case in China involving a valuation adjustment mechanism in a private equity (PE) investment. Although China is...
Samsung

Parallel imports dispute heads for Supreme Court

Samsung Electronics is to appeal a 3 October ruling by Delhi High Court that allows the import of its printers into India without the consent of its Indian subsidiary, which is the registered proprietor...
Toothbrush design row reaches Supreme Court

Toothbrush design row reaches Supreme Court

By Manisha Singh Nair, Lex Orbis IP Practice
In a legal battle being fought over toothbrush designs, the Supreme Court has issued a notice to the Controller General of Patents, Designs and Trademarks on a petition filed by Anchor Health & Beauty...
Utsav Mukherjee - Vidhii Partners

Supreme Court invalidates power of attorney sales

By Utsav Mukherjee, Vidhii Partners
The recent Supreme Court decision in Suraj Lamp and Industries Private Limited and Ors v State of Haryana and Ors invalidates the transfer of property through agreement of sale and power of attorney, except...
Judicial interpretation of insolvency law

Supreme People’s Court issues judicial interpretation of insolvency law

The Supreme People’s Court Several Issues Regarding the PRC Enterprise Insolvency Law Provisions (I) came into force on 26 September. Since the Enterprise Insolvency Law came into force, people’s courts at different levels have...

Supreme Court upholds free speech, rejects film ban

Upholding the right to freedom of speech and expression, the Supreme Court recently set aside a ban by the government of Uttar Pradesh on the screening of a film. Allowing an appeal in Prakash...
patents court

Supreme Court rejects Bhopal plea

India’s Supreme Court has rejected calls to re-open the case over culpability for the 1984 Bhopal gas disaster. The Central Beureau of Investigations and the government of Madhya Pradesh filed a curative petition to re-open...

Supreme Court: laws must have real connection

A five-judge constitution bench of the Supreme Court recently held that parliament did not have the power to legislate on extra-territorial aspects or causes that have no direct or indirect, tangible or intangible impact...
Supreme Court clarifies revised Causes of Action in Civil Cases Provisions, 最高法院修改《民事案件案由规定》

Supreme Court clarifies revised Causes of Action in Civil Cases Provisions

On 18 February the Supreme People’s Court issued the Amending the Causes of Action in Civil Cases Provisions Decision (Fa No. 41) and the Issuance of the Revised Causes of Action in Civil Cases Provisions Decision (Fa...
Supreme People’s Court issues third set of provisions on the PRC Company Law, 最高法颁布公司法司法解释(三)

Supreme People’s Court issues third set of provisions on the PRC Company Law

The Supreme People’s Court Several Issues Concerning the Application of the PRC Company Law Provisions (3), which came into effect on 16 February, set forth detailed rules on the application of the law to such issues as...

Supreme Court sets precedent on employment status

When is a contract worker deemed to be a “direct employee” of the principal employer? In General Manager (OSD), Bengal Nagpur Cotton Mills Rajnandgaon v Bharat Lal & Anr, the Supreme Court said two tests...
Vivek Vashi,Bharucha & Partners

Supreme Court allows banks to assign debts

By Vivek Vashi, Bharucha & Partners
In ICICI Bank Ltd v Official Liquidator of APS Star Industries Ltd & Ors the Supreme Court considered whether the transfer of non-performing assets (NPA) by banks was permissible under the Banking Regulation Act,...
Vivek Vashi,Bharucha & Partners

Supreme Court interprets ‘persons acting in concert’

By Vivek Vashi, Bharucha & Partners
Can a mere holding and subsidiary company relationship be considered to be one of “persons acting in concert” under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997...
Supreme People’s Court first annual report

Supreme People’s Court issues first annual report

On 13 July, the Supreme People’s Court issued its first annual report, which outlines the work undertaken by the courts in 2009, and the results achieved. Major items covered include the priority task of...
US Supreme Court foreign transactions securities law

US Supreme Court: securities law does not cover foreign transactions

A recent decision of the US Supreme Court limiting exposure to securities class action litigation in the US has potentially far-reaching implications for Chinese companies that have listed securities in that country, or are...

Supreme Court warns of deluge of appeals

A five-judge constitution bench of the Supreme Court has been asked to come up with guidelines for entertaining special leave petitions (SLP). Responding to an SLP in Mathai v George on 19 March, the...

Supreme Court issues directions on expediting IP cases

Responding to a special leave petition (SLP) in Shree Vardhman Rice & Gen Mills v Amar Singh Chawalwala, a two-member bench of the Supreme Court recently ordered that “matters relating to trademarks, copyrights and...

Supreme Court loses appeal on judges’ assets

In a landmark judgment targeting judicial corruption, Delhi High Court last month rejected an appeal by the Supreme Court, ruling that the office of the chief justice of India (CJI) was subject to the...
Scrabble

Scrabble is a game, not a puzzle, says Supreme Court

An intriguing issue recently arose before the Supreme Court in Pleasantime Products and Anr v Commissioner of Central Excise, Mumbai as to whether the product Scrabble is classifiable as a puzzle or as a...
Supreme Court and SIPO elaborate on implementation of revised PRC Patent Law, 最高人民法院、国家知识产权局相继对专利法修订后的实施问题做出明确规定

Supreme Court and SIPO elaborate on implementation of revised PRC Patent Law

To ensure that the Decision of the Standing Committee of the National People’s Congress on the Amendments to the PRC Patent Law published on 27 December 2008 is fully enforced, the Supreme People’s Court...
Supreme Court: Arbitration clauses outlive terminated contracts

Supreme Court: Arbitration clauses outlive terminated contracts

In the recent case of Magma Leasing & Finance Ltd v Potluri Madhavilata, the Supreme Court was asked to decide whether an arbitration agreement in a contract that had been terminated due to a...

Supreme Court clarifies liability for bounced cheques

The question of who can be said to be persons “in charge of, and … responsible to the company for the business of the company” as referred to in section 141 of the Negotiable...

Supreme Court redefines medical negligence

The Supreme Court recently redefined medical negligence to include overdoses of medicines; not informing patients about the side-effects of drugs; not taking extra care of patients with diseases that have a high mortality rate;...

Supreme Court clarifies sexual harassment rules

In a recent case involving sexual harassment at the workplace, the Supreme Court of India reaffirmed its 1997 judgment in the case of Vishaka and others v State of Rajasthan by directing an employer...
Supreme Court finds Phillips not guilty of unfair practice

Supreme Court finds Phillips not guilty of unfair practice

In M/s Phillips Medical Systems (Cleveland) Inc v M/s Indian MRI Diagnostic & Research Ltd & Anr, the construction of Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969, relating to unfair...
Supreme Court to reconsider controversial ban on debt trading

Supreme Court to reconsider controversial ban on debt trading

The Supreme Court of India, through its order in the case of ICICI Bank Limited v Official Liquidators of M/s APS Star Industries Limited & Others, has temporarily allowed banks to trade in debts...

Supreme Court clarifies limitation in Arbitration Act

The Supreme Court of India recently interpreted section 34 of the Arbitration and Conciliation Act, 1996, read with section 14 of the Limitation Act, 1963, to decide whether time spent before the wrong court...
Supreme Court backs law firms’ right to advertise

Supreme Court backs law firms’ right to advertise

The Supreme Court has asked the Bar Council of India (BCI) to allow lawyers wider scope in advertising their services. The court asked in July that lawyers be allowed to disclose details of their...
higher quota for other backward classes

Supreme Court upholds quota for underprivileged students

In April, the Supreme Court upheld a 2006 law providing a 27% quota for candidates belonging to the “other backward classes” (OBC) in state-funded institutions of higher education. The educational institutions affected include the Indian...
Sumes Dewan,Partner,KR Chawla & Co

Supreme Court decision settles double tax question

By Sumes Dewan, KR Chawla & Co
The taxablity of income earned abroad – in countries that have tax agreements with India – has been a subject of considerable debate and controversy. One recent case settled one aspect of this question, at...

Supreme Court to hear Novartis’ plea

The Supreme Court is expected to rule in April on an appeal by Novartis Vaccines & Diagnostics for arbitration in a dispute with Aventis Pharma, a subsidiary of French company Sanofi Aventis, over the...
Supreme Court upholds employers’ security obligations

Supreme Court upholds employers’ security obligations

In a landmark decision with significant implications for India’s outsourcing industry, the Supreme Court decided in February to allow the prosecution of Som Mittal, a former head of Hewlett Packard Global Software, for alleged...
香港高院要求恒大清盘 法官

‘Enough is enough’ as HK court orders Evergrande to liquidate

The most indebted real estate giant China Evergrande Group, burdened with RMB2.43 trillion (USD342.2 billion) in debt, is on the path towards liquidation after a high court order from Hong Kong to wind up...
power ownership clarity

Top court provides clarity on captive power generation

By Mani Gupta and Rahul Bangia, Sarthak Advocates & Solicitors
The Supreme Court judgment in M/s Dakshin Gujarat Vij Company Limited v M/s Gayatri Shakti Paper and Board Limited and Anor (Dakshin Gujarat) settles long-standing issues related to captive generation plants and the use...
Legal amendments face fairness test

High court rules amendments face twin test

A dispute over car parks has led to a high court ruling that any documents added to civil proceedings must meet a twin test of fairness under amendments to the Code of Civil Procedure. The...
courts on international arbitration

Courts give teeth to international arbitration

By Deepesh, Kochhar & Co.
The Indian Arbitration and Conciliation Act, 1996, was amended in 2015 by legislation (amendment act), which altered the entire landscape of the arbitration regime. This followed the 2014 Law Commission report number 246, which...
arbitration suits court

When arbitration suits the court

An April 2023 decision by a division bench of the Supreme Court of India has held that arbitration is the appropriate method of deciding whether a development agreement can be lawfully cancelled. It also...
bombay high court upholds optionvideo

Bombay High Court upholds pre-2013 put options

By Sneha Jaisingh and Anshul Singh, Bharucha & Partners
Option clauses are often included in shareholders’ agreements to protect investors and provide exit opportunities. While put options give shareholders the right to sell securities, call options give them the right to buy securities. The...
video

Moving from dot-com courts to bot courts

By Shilpa Gamnani and Harsh Buch, TMT Law Practice
Good law needs good judges. Good judges closely examine their powers to see whether they are able to provide a remedy for a clear wrong. A good judge is also imaginative, able to see...
Top-court-steps-in-to-settle-jurisdiction-disputes-L

Top court steps in to settle jurisdiction disputes

The tug of war over jurisdiction has surfaced many times in arbitration proceedings, necessitating the Supreme Court to step in repeatedly to settle disputes. In General Manager East Coast Railway Rail Sadan and Anr...
Supreme court allows GMR to run Nagpur International Airport

Court clears airport agreement for takeoff

By Shailendra Kumar Singh and Kartik Agarwal, HSA Advocates
In the recent case of MIHAN India Ltd v GMR Airports Ltd and Ors, the Supreme Court confirmed that no public body or authority may act in an arbitrary manner merely because it has...
India Business Law Journal

Court in the act

Supreme Court gives teeth to copyright penalties The Supreme Court’s judgment in the recent matter of Knit Pro International v State of NCT of Delhi is likely to assuage the demands of Western nations that...
Court acts on reassessments

Court acts on reassessments

While deciding an appeal against an order of the Allahabad High Court (Union of India v Ashish Agarwal, 2022), which had set aside reassessment notices issued by the Department of Revenue, within the Ministry...
Court not obliged to remit matters to arbitral tribunals

Court not obliged to remit matters to arbitral tribunals

In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award, or to fill...

Conflict between arbitration and court trials for monopoly disputes

By Lin Wei, DOCVIT Law Firm
The Supreme People's Court (SPC) issued a civil ruling on a dispute over abuse of dominant market position in Shanghai Youzu Information Technology v Walt Disney (China) (2021), pointing out that “the arbitration clause...
Chinese court recognises UK commercial judgment for first time

Chinese court recognises UK commercial judgment for first time

With the approval of the Supreme People’s Court, the Shanghai Maritime Court ruled to recognise and enforce a commercial judgment made at the UK High Court based on the principle of reciprocity. This is...
China’s-courts-embrace-online-litigation-陈程_Chen_Cheng-张光磊-Zhang_Guanglei-Jingtian-v2

China’s courts embrace online litigation

By Zhang Guanglei & Chen Cheng, Jingtian & Gongcheng
The covid-19 pandemic has accelerated a recent trend towards online litigation in China, which has begun to build a system to handle what has now become a regular court activity. The Supreme People’s Court (SPC)...
Court-upholds-emergency-award-in-Amazon-dispute

Court upholds emergency award in Amazon dispute

The Supreme Court, in the recent case of Amazon.com NV Investment Holdings LLC v Future Retail Ltd & Ors, answered two important questions. First, it held that an award by an emergency arbitrator appointed under...
Electricity regulator continues to reign supreme for now, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Electricity regulator continues to reign supreme for now

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Court addresses limitation provisions under MSMED Act

Court addresses limitation provisions under MSMED Act

The Supreme Court recently passed a common judgment in two civil appeals – Silpi Industries etc v Kerala State Road Transport Corporation & Anr, and Khyaati Engineering v Prodigy Hydro Power Pvt Ltd –...
Karnataka court clears way for CCI e-commerce probe

Karnataka court clears way for CCI e-commerce probe

By Hrishav Kumar and Harshil Vijayvargiya
On 11 June 2021, the Karnataka High Court dismissed Amazon and Flipkart’s writ petition challenging the Competition Commission of India’s (CCI) probe against the pair’s alleged anti-competitive business practices. On the basis of information...
Court Invoke compulsory licensing to combat covid

Court: Invoke compulsory licensing to combat covid

Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India. This is...
Delay for filing appeals condoned under Commercial Courts Act

Delay for filing appeals condoned under Commercial Courts Act 

The Supreme Court, in a judgment dated 19 March 2021, in Govt of Mahrashtra v M/s Borse Brothers Engineers and Contractors Pvt Ltd, held that the application of section 5 of the Limitation Act...
Madras High Court order set aside

High court order set aside as alternative legal remedies exist

In a recent case, the Supreme Court was hearing a special leave petition against the order of the Madras High Court passed under the provisions of article 227 of the Constitution of India. In the...
Stamp act amended to reinforce court decision

Stamp act amended to reinforce court decision

The governor of Maharashtra, in exercising powers conferred in him vide article 213(1) of the constitution of India, passed the Maharashtra Stamp (Amendment and Validation) Ordinance, 2021, on 5 February 2021. It amends section...
healthcare medicine

Court takes stand on inadequate healthcare

The Supreme Court in a recent order in the case of Sachin Jain v Union of India, while hearing the writ petition dealing with the commercialization of healthcare, reprimanded the lethargic attitude of state...

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