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Tag: Bombay High Court

Disputed jurisdiction for property, commercial contracts

Bombay HC: Civil court's jurisdiction in dispute over MoU. Remanded for reconsideration under correct provision

Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners

Fresh directions

National Company Law Tribunal Mumbai counsel Mansi Kaku explores crucial changes to align corporate insolvency resolution and overcome challenges

Resolving an unstamped non-disclosure agreement

In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause

No secrets possible in public domain

By Essenese Obhan, Sumathi Chandrashekaran and Ayesha Guhathakurta, Obhan & Associates

No arbitration for time-barred issues

The Bombay High Court, in Shriram EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, held that it would not be right for the court to foist unwarranted arbitration on the parties when clearly on the facts the cause was a dead letter

No disqualification when arbitrator assists on unrelated matter

The Bombay HC ruled that an arbitrator's acceptance of a brief from a law firm representing a party in an arbitration won't disqualify them if it's unrelated to the case

Bombay High Court upholds pre-2013 put options

By Sneha Jaisingh and Anshul Singh, Bharucha & Partners

Separate cotton contracts do not unravel dispute decision

The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996

Time not of the essence in sale of immovable property agreements

The Bombay High Court has held that as a general proposition of law, in the case of the sale of an immovable property, there is no assumption as to time being the essence of the contract

Juris represents CCI over broadcasters’ writs against probe

Juris Corp successfully represented the Competition Commission of India (CCI) in opposing the writ petitions filed by three broadcasting companies before the Bombay High Court

Too much power?

How the Enforcement Directorate turned into a veritable bogeyman for India Inc

High court upholds injunction for Trilegal client Wipro

Trilegal assisted Wipro Consumer Care to uphold an injunction in a commercial intellectual property suit involving its flagship soap brand Santoor being disparaged in a Sebamed advertising campaign by rival company USV

Solomon & Co promotes Putta, Maniar, Aikin to partnership

Mumbai-based law firm Solomon & Co Advocates & Solicitors, founded in 1909, elevated associate partners Soniya Putta, Shruti Maniar and Jacqueline Aikin to the firm’s partnership

New ASCI code prohibits stereotypes and prejudice

By Ashima Obhan and Anubhav Chakravorty, Obhan & Associates

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

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Building trust

CCI’s hands tied in debt trustee dispute

India’s antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay High Court after the banks challenged the jurisdiction of the Competition Commission of India (CCI) in April this year

Rising prominence of store layouts in IP disputes

By Prachi Agarwal and Mishthi Dubey, Anand & Anand

Cheques and balances

The number of criminal cases filed against cheque defaulters has overwhelmed India’s judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George W Russell reports

Limited challenge to foreign arbitral award enforcement

By Karthik Somasundram and Bhavi Vora, Bharucha & Partners

Influence marketing stops where the law begins

By Ashima Obhan and Shuchi Dutta, Obhan & Associates

A small suffix causes big IP dispute

By Manisha Singh and Malyashree Sridharan, LexOrbis

Stamp duty chargeable on inter-state amalgamations

By Vivek Vashi and Shreya Ramesh, Bharucha & Partners

Copyright Act amendments not apt for film and music

By Ameet Datta and Suvarna Mandal, Saikrishna & Associates

Amalgamations: court no judge of commercial wisdom

By Shilpa Shah and Sharan A Kukreja, Singhania & Partners

Option agreements in India

By Uday Walia and Brajendu Bhaskar, S&R Associates

Court intervention in the reduction of share capital

By Anuj Prasad, Anu Susan Abraham and Priyanka Sant, Amarchand & Mangaldas & Suresh A Shroff & Co

Indemnity clauses in commercial contracts

By Uday Walia and Palash Gupta, S&R Associates

Course correction on free transferability of shares

By Amit Kumar, Arvind Sharma and Ambarish Mohanty, Amarchand & Mangaldas & Suresh A Shroff & Co

Pre-emptive clauses in public companies void

By Vivek Vashi, Bharucha & Partners

Successful enforcement of domain names in India

By Abhai Pandey, Lex Orbis IP Practice

Acquisition, delisting and minority squeeze-out

By Uday Walia, S&R Associates

Freedom of contract in PPP projects

By Akshay Jaitly, Sakya Singha Chaudhri and Nayantara Nag,Trilegal

Analysing restrictions on the transfer of shares

By Harry Chawla and Chandrasekhar Tampi,Amarchand & Mangaldas & Suresh A Shroff & Co

Lights, camera, action! Identifying performer’s rights

By Rahul Chaudhry,Lall Lahiri & Salhotra

Offshore deals may be taxable in India

By Sumes Dewan and Shradha Puri,KR Chawla & Co

Hutch-Vodafone may have deep tax implications

By Jasman Boparai, Titus & Co

Enforcing foreign judgments in India

By Niranjan Raj, Titus & Co

Employees play their own role in corporate mergers

By Diljeet Titus and Niranjan Raj, Titus & Co

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Correspondents

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Ensuring liquidation preference to protect investor rights

By Parag Bhide and Mitali Kshatriya, Bharucha & Partners
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Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
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Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners

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