Tag: Supreme Court
Debate on section 141 of NI act
The world of commercial transactions contains numerous unique intricacies, many of which are yet to be statutorily regulated
Enforcing integrity
Insolvency board makes greater use of enforcement mechanisms to ensure compliance with the bankruptcy code
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
‘Final and binding’ not needed to validate arbitration clause
The Supreme Court recently held that an arbitration clause has to be given effect, whether or not expressly stated that an arbitrator’s decision is final and binding
References not enough to compel arbitration
Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement
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
When in doubt, arbitrate
Delhi High Court has ruled that courts must lean towards referring matters to arbitration when one party seeks to negate an arbitration agreement by citing other provisions of a contract that require detailed interpretation
Solving the problem of interest and insolvency
As the IBC clearly differentiates between financial debt and operational debt obligations, the question becomes whether interest can be included in both these types of debt for the admission of a company into insolvency under the IBC
Perverted priorities
The government and its relationship with the privacy of citizens has always been disproportional
Power of attorney and property ownership
The Supreme Court in a recent ruling has held that when an agent under a power of attorney is in possession of an immovable property, the possession is that of the principal owner
Standards of proof for money laundering offences
The Supreme Court, in a recent matter, held that in case of offences under the Prevention of Money Laundering Act, 2002 (PMLA), courts cannot proceed merely on the basis of the principle of “preponderance of probabilities”
Argus hires Bhavya Mohan as disputes partner in Bengaluru
Argus Partners named Bhavya Mohan as a partner in the dispute resolution practice from June at the firm’s Bengaluru office
Departing IT staff getting tied up with non-compete clauses
With many IT employees offered huge salary hikes and perks from competing firms amid soaring global demand for IT services
Maintaining momentum
Massive infrastructure development and liberalisation of overseas investment have boosted the Philippines’ competitiveness, but the pandemic has changed everything. What will a newly elected government mean for business-related legal reform?
Watching the watchers
New roles of intermediaries place them under the microscope of capital market regulation
Price of protection
Countries around the world are strengthening their data protection regimes given the rise in data breaches and the growing need to regulate how businesses use and process sensitive data
Court acts on reassessments
Supreme Court Justices MR Shah and BV Nagarathna passed a slew of directions for reassessment notices
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
Arbitral awards bound by contract
The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties
Regulating crypto assets
The past decade has seen extraordinary growth in technological innovation
Kolkata’s Fox & Mandal allies with BlackRobe Chambers
Kolkata-based firm Fox & Mandal has expanded its footprint to New Delhi in a collaboration with BlackRobe Chambers – a full-service firm headed by Kunal Vajani
Mohini V enters Remfry’s equity partnership
IP disputes specialist Mohini V has joined Remfry & Sagar as an equity partner
Pre-deposit mandatory under Customs Act
A bench comprising Justices KM Joseph and Hrishikesh Roy, in the case of Chander Sekhar Jha v Union of India and Anr, dismissed an appeal assailing the order of the Calcutta High Court regarding a gold smuggling charge
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
No escape
Among many things, the ongoing Russia-Ukraine war has put the spotlight on cryptocurrency. It is gaining global acceptance based on the sheer volume of donations flooding into war-torn Ukraine in the form of cryptocurrency, largely to finance military support. The virtual digital asset class is no longer seen as a shady “black-market” transaction owing to reliance upon it in this geopolitical and humanitarian crisis
Overstepping the mark
The requirement to submit a test licence in the drugs and cosmetics rules goes beyond the ambit of the Parent Act, and is a hindrance to R&D for pharma companies, writes Syngene International's Shreekanth Katti