| 1 |
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ASSESSMENT OF DAMAGES IN TRADEMARK DISPUTES – RECENT DEVELOPMENTS |
assessment-of-damages-in-trademark-disputes-recent-developments |
The globalization of economies has drawn trade circles closer, empowering multinational corporations to expand their reach across borders. This expansion has allowed access to products worldwide, transcending geographical barriers for consumers. Howe |
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| 2 |
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Impleading Parties in Arbitration: Absence of Section 21 Notice and Non-Joinder in Section 11 Application Not a Bar |
impleading-parties-in-arbitration-absence-of-section-21-notice-and-non-joinder-in-section-11-application-not-a-bar |
The Supreme Court of India recently in ‘Adavya Projects Pvt. Ltd. vs M/s Vishal Structurals Pvt. Ltd. & Ors.’[1], ruled that an arbitral tribunal is not precluded from proceeding against a party merely because that party was not serve |
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| 3 |
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The Cost Of A Missing Signature In An Arbitral Award |
the-cost-of-a-missing-signature-in-an-arbitral-award- |
Section 31 (1) and (2) of the Arbitration & Conciliation Act 1996 (“Act”) mandates an arbitral award to be signed by all the members of the arbitral tribunal or at the very least be signed by the majority of the members of the arbitra |
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| 4 |
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Judicial Restraint in ICC Proceedings: Madras High Court Reinstates ICC Findings |
judicial-restraint-in-icc-proceedings-madras-high-court-reinstates-icc-findings |
Case Overview
In the matter of HCL Technologies Ltd. vs. N.Parsarathy[1], HCL Technologies Ltd. (HCL) filed a writ petition challenging the order by the Principal Labour Court, Chennai (Labour Court), which had overturned the findings of the Inter |
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| 5 |
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Deadline Alert: Physical Share Transfers & Allotments for Private Companies – Compliance by June 30, 2025 |
deadline-alert-physical-share-transfers-allotments-for-private-companies-compliance-by-june-30-2025 |
Regulatory Update
The Ministry of Corporate Affairs, through its notification dated February 12, 2025, has extended the deadline for the mandatory dematerialization of shares for private companies (excluding small companies) until June 30, 2025. T |
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| 6 |
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MSME Reforms 2025: Higher Thresholds, Bigger Opportunities |
msme-reforms-2025-higher-thresholds-bigger-opportunities |
The Ministry of Micro, Small, and Medium Enterprises (MSME) has introduced a significant reform through its notification dated March 21, 2025. Effective April 1, 2025, the financial thresholds for MSME classification will increase, allowing more busi |
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| 7 |
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POSH Training: A Legal Necessity for Internal Committee Members |
posh-training-a-legal-necessity-for-internal-committee-members |
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), along with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (Rules), places a statutory obligatio |
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| 8 |
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AI and Indian Law: Addressing Privacy, Ethics, and Copyright Challenges in the Digital Age |
ai-and-indian-law-addressing-privacy-ethics-and-copyright-challenges-in-the-digital-age |
Background:
The rapid evolution of Artificial Intelligence (AI) has transformed the digital landscape, offering unprecedented advancements in productivity, time efficiency, and cost optimization across various sectors, including healthcare, educa |
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| 9 |
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Companies as Custodians of Information: Data Protection Compliances |
companies-as-custodians-of-information-data-protection-compliances |
Why data protection:
In the landmark judgment of Justice K.S. Puttaswamy vs. Union of India[1], the Hon’ble Supreme Court of India explicitly recognised and laid down that right to privacy is a fundamental right under Article 21 of the India |
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| 10 |
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Indian Subsidiaries Incorporated After September 30 2024 Must Issue Dematerialized Shares |
indian-subsidiaries-incorporated-after-september-30-2024-must-issue-dematerialized-shares |
In a significant move to streamline and modernize the corporate landscape, the Ministry of Corporate Affairs (MCA) has mandated that all private companies (other than those classified as small companies), including Indian subsidiaries incorporated as |
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| 11 |
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Mandatory TReDS Registration for Companies Above ₹250 Crore Turnover |
mandatory-treds-registration-for-companies-above-250-crore-turnover |
Introduction
On November 7, 2024, the Ministry of Micro, Small, and Medium Enterprises (MSME) issued a notification mandating the registration of all companies under the Companies Act, 2013, with an annual turnover exceeding INR 250 crore, along wit |
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| 12 |
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Digital Data Protection Draft Rules |
digital-data-protection-draft-rules |
The much awaited rules under the Digital Personal Data Protection Act, are set to be a reality. The draft rules have been approved by the Home Ministry, and MeitY is set to release it for public consultation.
The Rules will address issues such as |
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| 13 |
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Meta Fined INR 2.13 Billion for Abusing Dominant Position via WhatsApp Privacy Policy |
meta-fined-inr-2-13-billion-for-abusing-dominant-position-via-whatsapp-privacy-policy |
Introduction
On November 18, 2024, the Competition Commission of India (“CCI”) imposed a penalty of Indian Rupees 2.13 billion (approximately US$ 25.3 million) on Meta for abusing its dominant position in violation of the provisions of the Co |
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| 14 |
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Navigating India’s New Competition Regime: Insights into the Competition (Amendment) Act, 2023 and Combinations Regulations 2024 |
navigating-india-s-new-competition-regime-insights-into-the-competition-amendment-act-2023-and-combinations-regulations-2024 |
Introduction
The Competition (Amendment) Act, 2023 ("Amendment Act"), introduced in April 2023, has ushered in significant reforms to India’s anti-trust legal framework. These amendments are being implemented in a phased manner. Re |
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| 15 |
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Counter Claims to be rejected for non-compliance of Pre-Institution Mediation? |
counter-claims-to-be-rejected-for-non-compliance-of-pre-institution-mediation- |
Section 12A[1] of the Commercial Courts Act, 2015 (“Act”) had introduced the mandate to exhaust the remedy of Pre-Institution Mediation in a commercial suit not contemplating any urgent relief. An interpretation of the said provision by t |
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| 16 |
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New PAS 6 Compliance for Private Companies – Effective September 30, 2024 |
new-pas-6-compliance-for-private-companies-effective-september-30-2024 |
The Ministry of Corporate Affairs (MCA), through its notification dated October 27, 2023, has amended the Companies (Prospectus and Allotment of Securities) Rules, 2014, to introduce a new Rule 9(B) – Issue of Securities in Dematerialised Form |
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| 17 |
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Multiple seat arbitration clause hit by Section 29 of the Indian Contract Act 1872?: A Case Study |
multiple-seat-arbitration-clause-hit-by-section-29-of-the-indian-contract-act-1872-a-case-study |
The issue whether an arbitration clause providing multiple seats for arbitration is void in view of Section 29 of the Indian Contract Act 1872 was decided by the Hon’ble Delhi High Court in the case of Vedanta Limited v. Shreeji Shipping[1]. Th |
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| 18 |
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The end of angel tax and its implications |
the-end-of-angel-tax-and-its-implications |
In its Union Budget for 2024-25, the central government, acknowledging the negative impact of angel tax on startup funding and investment, has announced its removal from the Indian tax system to encourage investment, promote entrepreneurship, and sup |
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| 19 |
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Discharge of Contract by Accord & Satisfaction: A Bar to Invoke Arbitration? |
discharge-of-contract-by-accord-satisfaction-a-bar-to-invoke-arbitration- |
The Hon’ble Supreme Court of India, while dealing with an appeal arising out of an order passed by the Hon’ble Gujarat High Court (“GHC”) thereby appointing a sole arbitrator despite the fact that the Respondent therein (Appel |
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| 20 |
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Probation in Employment Contract |
probation-in-employment-contract |
Probation in employment contracts refers to a temporary period during which an employer evaluates a newly hired employee's performance, suitability, and fit within the organization before confirming permanent employment. During this period, proba |
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| 21 |
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Jurisdiction Clauses in Cross Border Commercial Contracts: Indian Perspective |
jurisdiction-clauses-in-cross-border-commercial-contracts-indian-perspective |
Globalization has facilitated international trade and cross-border commercial contracts between corporations in different countries. However, these corporations often face challenges in selecting the appropriate jurisdiction for resolving disputes th |
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| 22 |
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Impact of Budget 2024 on Employment |
impact-of-budget-2024-on-employment |
Unemployment remains one of India's most pressing economic challenges, prompting significant budgetary reforms with the introduction of five schemes aimed at youth employment and skill development over five years[1]. These initiatives align with |
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| 23 |
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Award based on Evidence Taken Behind the back of a Party is legally untenable |
award-based-on-evidence-taken-behind-the-back-of-a-party-is-legally-untenable |
This article delves into two significant judgments rendered by Madras High Court and Bombay High Court, concerning the pivotal issue of procedural fairness and consideration of evidence by an arbitrator after conclusion of final arguments. Emphasizin |
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| 24 |
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Jurisdictional Combat between Competition Commission of India and Sectoral Regulators: A Critical Relook |
jurisdictional-combat-between-competition-commission-of-india-and-sectoral-regulators-a-critical-relook |
The Article provides a brief overview of the legal framework for resolving jurisdictional conflicts between the Competition Commission of India (CCI) and sectoral regulators specifically the Telecom Regulatory Authority of India (TRAI) and evaluates |
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| 25 |
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Award based on Evidence Taken Behind the back of a Party is legally untenable |
award-based-on-evidence-taken-behind-the-back-of-a-party-is-legally-untenable |
This article delves into two significant judgments rendered by Madras High Court and Bombay High Court, concerning the pivotal issue of procedural fairness and consideration of evidence by an arbitrator after conclusion of final arguments.. Emphasizi |
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| 26 |
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Companies as Custodians of Information: Data Protection Compliances |
companies-as-custodians-of-information-data-protection-compliances |
Why data protection:
In the landmark judgment of Justice K.S. Puttaswamy vs. Union of India, the Hon’ble Supreme Court of India explicitly recognised and laid down that right to privacy is a fundamental right under Article 21 of the Indian C |
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| 27 |
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Dark Patterns in India |
dark-patterns-in-india |
“Hurry! Only 2 pieces left, 100 people viewing the product, make the purchase now or regret later”, “Sign up now and get your first month FREE!”, “Time is Running Out! Don't Let This Opportunity Slip Away!”, &l |
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| 28 |
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No Safe Harbour for Google on Trademark Infringement |
no-safe-harbour-for-google-on-trademark-infringement |
Abstract
Innovation, patience, dedication and uniqueness culminate in establishing a distinct identity. A trademark aids in identifying the source and quality, shaping perceptions about the identity's essence. When values accompany a product o |
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| 29 |
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Enforcing Foreign Arbitral Awards in India- Is the tide turning? |
enforcing-foreign-arbitral-awards-in-india--is-the-tide-turning- |
Enforcing a foreign arbitral award in another jurisdiction may become a long and tedious process, where the Award Holder may be required to cross hurdles created by domestic laws of the country. Although India has adopted the UNCITRAL Model Law, the |
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| 30 |
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Whose Script is it: A Legal Perspective |
whose-script-is-it-a-legal-perspective |
Copyright protection is required for the written script and screenplay authored by scriptwriters and lyricists. Screenplays or scripts are the blueprint for a movie, television show, digital media etc. The owner of copyright isn't always the one |
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| 31 |
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ETA for delicensed frequencies in India: Adding complexity or ensuring ease of business? |
eta-for-delicensed-frequencies-in-india-adding-complexity-or-ensuring-ease-of-business- |
Wireless communication involves transmission of information by using electromagnetic waves without wires and cables. The wireless revolution began in the 1990s with the advent of digital wireless networks which sparked a social revolution and switche |
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| 32 |
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Analysing Mixing of Funds under Foreign Contribution Regulation Law |
analysing-mixing-of-funds-under-foreign-contribution-regulation-law |
Foreign contribution is regulated under the provisions of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and the Foreign Contribution (Regulation) Rules, 2011. For receiving foreign contribution from a foreign donor, an NGO/association/indivi |
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| 33 |
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Fettering Sub-granting of Foreign Contribution |
fettering-sub-granting-of-foreign-contribution |
Foreign contribution means the donation, delivery or transfer of any article, currency (Indian/foreign) or security made by any foreign source to an Indian recipient and includes interest or income derived from such contribution[1].
Unchecked for |
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| 34 |
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QUESTIONING THE INDEPENDENCE OF INDEPENDENT DIRECTORS |
questioning-the-independence-of-independent-directors |
Compliance to corporate governance principles can attract huge capital for business as fair and transparent transactions/operations of a company, having an effective and efficient board of directors, will induce investors to invest in it. Independent |
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| 35 |
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Transformative Changes in India's Telecom Landscape in 2023: Part 2 |
transformative-changes-in-india-s-telecom-landscape-in-2023-part-2 |
The Telecom Regulatory Authority of India (TRAI) has ignited debate with its consultation paper on regulating OTT services, raising questions about innovation, competition, and the delicate balance with control. This blog explores the legal and regul |
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| 36 |
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Transformative Changes in India's Telecom Landscape in 2023: Part 2 |
transformative-changes-in-india-s-telecom-landscape-in-2023-part-2- |
The Telecom Regulatory Authority of India (TRAI) has ignited debate with its consultation paper on regulating OTT services, raising questions about innovation, competition, and the delicate balance with control. This blog explores the legal and regul |
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| 37 |
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Transformative Changes in India's Telecom Landscape in 2023: Part 3 |
transformative-changes-in-india-s-telecom-landscape-in-2023-part-3 |
The Indian telecom industry stands at a pivotal juncture, poised to leverage the transformative power of Artificial Intelligence (AI) and Big Data. With market leaders like Jio and Airtel using AI-powered analytics to improve network performance and |
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| 38 |
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Transformative Changes in India's Telecom Landscape in 2023: Part 1 |
transformative-changes-in-india-s-telecom-landscape-in-2023-part-1 |
2023 has dealt the Indian telecom industry a fresh hand, prompting streaming apps, service providers, infrastructure builders, VoIP platforms, and broadband players to reconsider their business and compliance strategies. While some face exciting oppo |
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| 39 |
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The Dilemma: Does stamping validate the arbitration agreement? |
the-dilemma-does-stamping-validate-the-arbitration-agreement- |
In the catena of judgments that we have seen time and again dealing with the relationship between arbitration act and the stamp act, we see how there one approach has been only taken by the courts when dealing with dispute involving the two acts. In |
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| 40 |
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A Deep Dive into 2023's Insolvency Regime - Part 5 |
a-deep-dive-into-2023-s-insolvency-regime---part-5 |
In the concluding part of our exploration into the 2023 insolvency landscape, Part 5 delves into two significant cases that shape the dynamics of the Insolvency and Bankruptcy Code (IBC), offering insights into constitutional challenges and the treat |
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| 41 |
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A Guide to Demat Account opening for Foreign Companies in India |
a-guide-to-demat-account-opening-for-foreign-companies-in-india |
Introduction
In a significant move, the Ministry of Corporate Affairs (MCA) issued a Notification dated October 27, 2023 (Notification), signalling a transformative shift in the issuance and management of securities by private companies in India. |
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| 42 |
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A Deep Dive into 2023's Insolvency Regime - Part 3 of 5 |
a-deep-dive-into-2023-s-insolvency-regime---part-3-of-5 |
Continuing our exploration of the evolving insolvency landscape in 2023, Part 3 delves into two more landmark cases that further define the legal contours of insolvency proceedings in India.
M. Suresh Kumar Reddy vs. Canara Bank & Ors
|
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| 43 |
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A Deep Dive into 2023's Insolvency Regime - Part 4 of 5 |
a-deep-dive-into-2023-s-insolvency-regime---part-4-of-5 |
Continuing our exploration of the evolving insolvency landscape in 2023, Part 4 examines two pivotal cases that further shape the legal framework surrounding insolvency proceedings in India.
M/S. Vistra ITCL (India) & Ors. v. Mr. Dinkar Venkat |
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| 44 |
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A Deep Dive into 2023's Insolvency Regime- Part 2 of 5 |
a-deep-dive-into-2023-s-insolvency-regime--part-2-of-5 |
As we continue our journey through the evolving insolvency landscape of 2023, we will delve into two landmark cases that further shaped the legal framework governing insolvency proceedings in India. Building upon the foundations laid in Part 1 of thi |
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| 45 |
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A Deep Dive into 2023's Insolvency Regime- Part 1 of 5 |
a-deep-dive-into-2023-s-insolvency-regime--part-1-of-5 |
Introduction
In the intricate tapestry of corporate insolvency, the year 2023 unfurled a saga of legal intricacies that left an indelible mark on the evolving insolvency landscape in India. This blog, the first of a five-part series, will be explo |
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| 46 |
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Related Party Imports in India: Customs Procedure |
related-party-imports-in-india-customs-procedure- |
Introduction
Customs import duty is imposed on imported goods to regulate international trade, protect domestic industries, and contribute significantly to the Indian economy. However, some importers undermine these purposes by misdeclaring goods |
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| 47 |
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Jurisdictional Combat Between Competition Commission of India and Sectoral Regulators: A Critical Relook |
jurisdictional-combat-between-competition-commission-of-india-and-sectoral-regulators-a-critical-relook |
The Article provides a brief overview of the legal framework for resolving jurisdictional conflicts between the Competition Commission of India (CCI) and sectoral regulators specifically the Telecom Regulatory Authority of India (TRAI) and evaluates |
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| 48 |
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Infrastructure Projects The “Road” ahead: What will keep Corporate and Disputes Practice busy in 2024 |
infrastructure-projects-the-road-ahead-what-will-keep-corporate-and-disputes-practice-busy-in-2024 |
The Indian economy relies significantly on the infrastructure sector, serving as a crucial driver for overall economic growth and national development. It is poised to play a vital role in achieving India's ambitious target of becoming a USD 5-tr |
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| 49 |
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Infrastructure Projects Ports and Shipping Sector: What will keep Corporate and Disputes Practices busy in 2024 |
infrastructure-projects-ports-and-shipping-sector-what-will-keep-corporate-and-disputes-practices-busy-in-2024 |
The significance of ports in facilitating international trade and fostering economic development cannot be overstated. In India, the focus on developing port infrastructure has been a longstanding priority, resulting in substantial advancements in th |
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| 50 |
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Infrastructure Projects Aviation Sector: What will keep Corporate and Disputes Practices busy in 2024 |
infrastructure-projects-aviation-sector-what-will-keep-corporate-and-disputes-practices-busy-in-2024 |
Aviation Sector Overview:
The aviation sector plays a crucial role in driving economic progress, not only by enhancing connectivity but also by generating employment, promoting tourism, and fostering trade and commerce. The surge in air travel dem |
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| 51 |
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Dematerialization Mandate: A WOS Perspective |
dematerialization-mandate-a-wos-perspective |
Introduction:
In the dynamic realm of corporate governance, the dematerialization of securities has emerged as a transformative force, particularly impacting wholly owned subsidiaries (WOS) established as private companies under the provisions of |
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| 52 |
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Addressing Patent Lapses Due to Agent’s Incapacity: A Comprehensive Review of Revival Remedies |
addressing-patent-lapses-due-to-agent-s-incapacity-a-comprehensive-review-of-revival-remedies |
A patent, granted for a 20-year period from the date of application[1], requires timely renewal to remain in force. The Patents Act, 1970 provides stringent timelines for filing renewal applications and fees, exceeding which will result in lapse or d |
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| 53 |
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Benami Transactions in India: A Historical and Legal Perspective |
benami-transactions-in-india-a-historical-and-legal-perspective |
Introduction
Benami transactions have been a long-standing concern in India, deeply rooted in historical practices and contemporary economic offences. The term "Benami" itself, derived from Urdu, translates to "without name" or |
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| 54 |
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Whether the limitation to file an appeal under IBC will commence on the date of pronouncement of order or from the date when contents are known to the aggrieved party? |
whether-the-limitation-to-file-an-appeal-under-ibc-will-commence-on-the-date-of-pronouncement-of-order-or-from-the-date-when-contents-are-known-to-the-aggrieved-party- |
INTRODUCTION:
The National Company Law Appellate Tribunal (New Delhi Bench) (“NCLAT”) in two recent judgments passed in Raiyan Hotels and Resorts Pvt. Ltd. vs. Unrivalled Projects Pvt. Ltd. [Company Appeal (AT) (Insolvency) |
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| 55 |
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Navigating the Act, 2023: Essential Compliances for Businesses |
navigating-the-act-2023-essential-compliances-for-businesses |
Introduction
The Digital Personal Data Protection Act, 2023[1] (“Act”) which came into effect on 11 August 2023, signifies a significant milestone in safeguarding individuals' privacy and regulating how businesses handle personal d |
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| 56 |
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Petition for appointment of arbitrator – important points |
petition-for-appointment-of-arbitrator-important-points- |
The Hon’ble Single Bench of Delhi High Court in a recent judgment has issued important directions with respect to petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) on the basis of unstamped |
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| 57 |
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The Influencing Industry: Balancing Power, Ethics, and Protection |
the-influencing-industry-balancing-power-ethics-and-protection |
Executive Summary: Social media influencers significantly influence consumer choices, but the rise of incorrect advice and misleading information raises concerns. Blindly following influencers can have adverse consequences, highlighting the |
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| 58 |
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An Asimovian Framework for Regulating AI |
an-asimovian-framework-for-regulating-ai |
When asked about how Open AI plans to monetize its offerings, Sam Altman surprised the audience by saying that soon the platform will be intelligent enough to answer that question. ‘More human than human is our motto’ – the classic |
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| 59 |
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The court’s scrutiny of grounds for challenging arbitral award cannot be superficial |
the-court-s-scrutiny-of-grounds-for-challenging-arbitral-award-cannot-be-superficial |
At first blush, the title of this article may seem to not go well with the limited scope of scrutiny of an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”), as is generally understood. There are se |
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| 60 |
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The Ever-Shifting Paradigm of the Scope of Judicial Intervention at the Stage of Appointment of Arbitrators |
the-ever-shifting-paradigm-of-the-scope-of-judicial-intervention-at-the-stage-of-appointment-of-arbitrators |
The author of this article attempts to map the scope and principle of judicial intervention at the stage of appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as “the Act”] |
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| 61 |
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Arbitrator’s Fee: Supreme Court Settles the Law |
arbitrator-s-fee-supreme-court-settles-the-law- |
arbitration types, law near me, firm law, delhi law firms, law firms india, law firms near me, corporate law firm delhi, arbitration centres
The Supreme Court of India in the matter of Oil & Natural Gas Corporation Ltd. vs. Af |
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| 62 |
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Pre-Arbitral Steps/Preceding Steps: Whether Mandatory or Directory |
pre-arbitral-steps-preceding-steps-whether-mandatory-or-directory |
Arbitration agreements often provide various procedural steps such as conciliation, negotiation, mediation to be resorted to by a party for resolution of disputes before such party can proceed to invoke the arbitration. These steps are commonly known |
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| 63 |
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Seat Vs. Venue- Saga Continues |
seat-vs-venue--saga-continues |
In the case of Bhartiya Aluminium Company v. Kaiser Aluminium Technical Services Inc.[1], the Hon’ble Supreme Court of India, held, albeit in the context of an international commercial arbitration having seat outside India, that the seat of arb |
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| 64 |
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Reverse Merger: Is the backdoor still open? |
reverse-merger-is-the-backdoor-still-open- |
Mergers open doors for rapid inorganic growth, which is aimed at corporations across the world. We have seen what mergers are, their stages, types, and inbound and outbound mergers. July 2021 marked thirty years of economic reforms post which the com |
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| 65 |
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Assessing the Intelligence of the Artificial Intelligence in Law: Prospects in India |
assessing-the-intelligence-of-the-artificial-intelligence-in-law-prospects-in-india- |
Introduction
The Department of Justice is implementing the e-courts Mission Mode Project in close collaboration with the e-committee of the Supreme Court of India with the objective of universal computerization and ICT enablement of all District |
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| 66 |
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Discretion cannot Override Express Term of the Contract |
discretion-cannot-override-express-term-of-the-contract |
In the matter of contracts, whether executed between two private parties or between the parties one of which is a government entity, the terms of the contract bind the parties. The status of the parties and/or their dominance, if any, has n |
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| 67 |
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The shift in working women shifts |
the-shift-in-working-women-shifts |
The Factories Act, 1948 of India in general prohibits women employees from working at night.
The Andhra Pradesh High Court had previously held that the restriction was unconstitutional and violative of the Constitution.
The State Governm |
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| 68 |
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Inbound and Outbound Mergers |
inbound-and-outbound-mergers |
A merger that happens between two companies across borders is called a cross-border merger. With economies getting globalised, the concept of cross-border mergers is increasing significantly. It allows the expansion of companies globally. I |
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| 69 |
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Stages of Mergers & Acquisitions |
stages-of-mergers-acquisitions |
There are several critical steps involved in the Merger and Acquisition process from planning to valuation to integration. The decision of merger and acquisition is taken only after analysing various factors such as the current status of companies, t |
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| 70 |
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Types of Merger & Acquisition |
types-of-merger-acquisition |
How do acquiring companies approach the M&A procedure when they are focusing on growth and enhancing their market position? This article sheds a light on various types of Mergers and Acquisitions with emblematic examples. It will help to form dev |
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| 71 |
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Uniform LSF Applicable on Reporting Delays under FEMA |
uniform-lsf-applicable-on-reporting-delays-under-fema- |
Introduction
The Reserve Bank of India (RBI) for the first time introduced the concept of Late Submission Fee (LSF) vide its Notification No. FEMA 20(R)/2017-RB dated November 07, 2017 (RBI Notification), in respect of the Foreign Investment (FI) |
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| 72 |
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Introduction to Mergers & Acquisitions |
introduction-to-mergers-acquisitions |
As the world enters into the era of globalization, significant changes are being observed across countries everywhere, in a way the companies across the world conduct business and strive to bloom. When a company decides to boost up its corporate perf |
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| 73 |
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DIN must be Mentioned on Financial Statements to avoid Penalty |
din-must-be-mentioned-on-financial-statements-to-avoid-penalty |
The Companies Act, 2013 (CA 2013) and rules made thereunder are drafted in such a manner that the compliances related to one subject matter are specified under different sections/rules. Accordingly, one section/rule may have a bearing on the other. T |
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| 74 |
 |
Physical Verification of Registered office – New Initiative by MCA |
physical-verification-of-registered-office-new-initiative-by-mca |
In terms of Section 12 of the Companies Act, 2013 (CA 2013), every company registered under the provisions of the CA 2013 or any other previous company law, within 30 days of its incorporation and at all times thereafter, needs to maintain a register |
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| 75 |
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All about Data localisation in India |
all-about-data-localisation-in-india |
American Express and Diners Club were prohibited from accepting new clients for six months beginning in May 2021 after the Reserve Bank of India (the "RBI") imposed the first fines relating to localisation of payments data in Apri |
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| 76 |
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Shareholder has no right to litigate on behalf of its SPV in contractual matters |
shareholder-has-no-right-to-litigate-on-behalf-of-its-spv-in-contractual-matters- |
S&P successfully defended the interest of NHAI before the Delhi High Court in the recent case of “Reliance Infrastructure Ltd. Anr. Vs. National Highways Authority of India & Ors[1]”. The Delhi High Court reaffirmed the settled po |
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| 77 |
 |
Significant Social Media Intermediaries (SSMIs) |
significant-social-media-intermediaries-ssmis- |
Some of us underestimate the potential and power that social media has, which automatically means that it has its own set of pros and cons. The undeniable fact is that there needs to be some standard of control placed on such platform |
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| 78 |
 |
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 : Changing Dynamics, Changing Digital Rules |
information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021-changing-dynamics-changing-digital-rules- |
Introduction
Just like how old and weak assets need to be revisited and discarded if they hold back growth, analogously, old rules and legislations need to be re-evaluated and reworked upon, as times change. This is what put into motion |
|
| 79 |
 |
SPDI Rules 2011: Taking a step towards securing Data |
spdi-rules-2011-taking-a-step-towards-securing-data |
Data Protection and Privacy is of high importance in the contemporary world. It shields an organisation’s information against fraud, hacking, phishing and identity theft. Any business that wishes to function efficiently must create a |
|
| 80 |
 |
MeitY proposed changes to IT Rules, 2021 |
meity-proposed-changes-to-it-rules-2021 |
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules) were notified by the Ministry of Electronics and Information Technology (MeitY) on 25 February 2021. To address the challenges existing in the |
|
| 81 |
 |
Direction for the compulsory license of the lifesaving breast cancer drug “Ribociclib” |
direction-for-the-compulsory-license-of-the-lifesaving-breast-cancer-drug-ribociclib- |
The Department for Promotion of Industry and Internal Trade (DPIIT) has been directed by the Kerala High Court (Court) to consider the compulsory license of the lifesaving breast cancer drug “Ribociclib”.
While hearing a peti |
|
| 82 |
 |
The Information Technology Act, 2000 : Revolutionalising the Cyberspace and Regulating the Web |
the-information-technology-act-2000-revolutionalising-the-cyberspace-and-regulating-the-web |
Celebrating almost 27 years of internet services in India[1] might prompt a question in the minds of some - Is the internet a safe space? Is it regulated enough to ensure that the data we feed in, is used in the way that we want, or is there someth |
|
| 83 |
 |
Cross charging under Goods and Services Tax Act |
cross-charging-under-goods-and-services-tax-act |
Goods and Services Tax Act (“GST”) does not define Cross Charge. As per Section 25(4) of Central Goods and Services Tax Act, 2017 (“CGST”), where a person has obtained or is required to obtain registration in a state or unio |
|
| 84 |
 |
Effect of Breach of Settlement Agreement Under Insolvency & Bankruptcy Code |
effect-of-breach-of-settlement-agreement-under-insolvency-bankruptcy-code |
The Insolvency and Bankruptcy Code, 2016 (“IBC”) being a relatively new legislation, has witnessed inconsistent interpretation of its various provisions, especially in respect of certain legal issues, which are grey areas i.e. t |
|
| 85 |
 |
Relevance of Seat in Conferring Jurisdiction to Courts in Domestic Arbitration |
relevance-of-seat-in-conferring-jurisdiction-to-courts-in-domestic-arbitration |
Until the judgment was passed by the Hon’ble Apex Court in the matter of Bharat Aluminum Company v. KAISER Aluminum[1] (“Balco”), it was almost a settled position that place of arbitration proceedings does not confer any j |
|
| 86 |
 |
Patents and Equitable Benefit Sharing of Indian Biological Diversity |
patents-and-equitable-benefit-sharing-of-indian-biological-diversity |
BIOLOGICAL DIVERSITY ACT, 2002 (BDA)
India, a signatory to the United Nations Convention on Biological Diversity (Biodiversity Convention), 1992, which affirms nations' sovereign rights to use their biological diversity, attempted to real |
|
| 87 |
 |
Section 2(1)(f) “International Commercial Arbitration” – is it as simple as it looks? |
section-2-1-f-international-commercial-arbitration-is-it-as-simple-as-it-looks- |
In India, Section 2(1)(f) of the Arbitration and Conciliation Act, 1996 (“Act”), as amended w.e.f. 23rd October 2015, “international commercial arbitration” means an arbitration relating to a commercial dispute where at least |
|
| 88 |
 |
Textile Industry and Design Protection |
textile-industry-and-design-protection |
“Behind every new design is a desire to break new ground, to improve and to enhance consumer experience. Good design makes products easier, more comfortable and safer to use.” Francis Gurry, Former Director General, World Intellectual P |
|
| 89 |
 |
What is the Scope of Section 34(4) of the Arbitration & Conciliation Act, 1996 (“Act”) |
what-is-the-scope-of-section-34-4-of-the-arbitration-conciliation-act-1996-act- |
The Arbitration & Conciliation Act, 1996 (“Act”) was brought on to the statute books in the beginning of the year 1996. Undeniably, the Act and its provisions are widely used for resolution of disputes, primarily commercial. Section 3 |
|
| 90 |
 |
Intermediary services under Goods and Services Tax Act |
intermediary-services-under-goods-and-services-tax-act |
The concept of Intermediary services was embodied in Goods and Services Tax Act from the Service Tax regime. “Intermediary” has been defined under section 2(13) of Integrated Goods and Services Tax Act, 2017 (hereinafter referred as the A |
|
| 91 |
 |
Whether operational creditor includes a purchaser of goods and services |
-whether-operational-creditor-includes-a-purchaser-of-goods-and-services- |
Introduction:
In a recent judgment, the Supreme Court of India, while keeping up the efforts of plugging various loopholes in Insolvency & Bankruptcy Code, 2016 (“Code”), decided an interesting legal issue relating to the scope of Se |
|
| 92 |
 |
Passing of Resolution by Circulation by Directors |
passing-of-resolution-by-circulation-by-directors |
The term "resolution" has not been specifically defined under the Companies Act 2013 (“Act”). The “resolution” refers to formal decision of a meeting on a particular item placed before the meeting. Generally, resolut |
|
| 93 |
 |
Haryana Job Reservation Law – An Overview |
haryana-job-reservation-law-an-overview |
In order to ensure the vision of an unemployment free State by the year 2024, the Haryana Government has launched many initiatives under which The Haryana State Employment of Local Candidates Act, 2020 (“HSELC Act”) is sought to be made a |
|
| 94 |
 |
Will Interest Stop Accruing Once Awarded Amount is Deposited in the Court |
will-interest-stop-accruing-once-awarded-amount-is-deposited-in-the-court |
An interesting, though less pondered over, question is as to what is the effect of depositing the awarded amount by the judgement debtor in the courts? This question assumes importance in the context of monetary arbitral awards, where invariably the |
|
| 95 |
 |
Whether Liquidated Damage is Waived if not Imposed in the First Instance |
whether-liquidated-damage-is-waived-if-not-imposed-in-the-first-instance |
The most recent judgment of the Hon’ble Supreme Court, in the matter of Welspun Specialty Solutions Limited Vs. ONGC; reported as 2021 SCCOnline SC 1053 may stimulate rethinking in the manner of operation of liquidated damages clauses found in |
|
| 96 |
 |
Hospitality Industry and Trademark |
hospitality-industry-and-trademark |
We are all aware of the Trademark battle of the famous milkshake chain – Keventers. It triggered with the Keventers store opening of in the capital’s famous mall, with new aesthetics and a different format, using the brand name “K |
|
| 97 |
 |
Termination Requirements Under New Shops and Establishments Act |
termination-requirements-under-new-shops-and-establishments-act |
These days, everyone is witnessing major reforms happening in Indian labour laws in order to strengthen the workforce community and to replace the archaic regulations which does not fit in the current regime. One of such reforms is the enac |
|
| 98 |
 |
Why One Should Write a Will? |
why-one-should-write-a-will- |
The Covid-19 pandemic situation has given everyone one big message that a person should be prepared for uncertainties. We cannot save our loved ones from the agony of bereavement, but we can ease their burden in handling financial and property matter |
|
| 99 |
 |
Emergency Arbitration in India – Concept and Beginning |
emergency-arbitration-in-india-concept-and-beginning |
I. Introduction
In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an “Achille’s Heel”[1]. Emergency Arbitration (EA) in the guise of an emergency relief is an upcoming con |
|
| 100 |
 |
Special Purpose Acquisition Companies: Regulatory feasibility in India under the IFSCA Regulations |
special-purpose-acquisition-companies-regulatory-feasibility-in-india-under-the-ifsca-regulations |
Special Purpose Acquisition Companies or SPACs are popularly known as “blank cheque” companies due to the purpose for which they are incorporated. SPACs are incorporated for listing on equity markets but do not own any assets or business |
|
| 101 |
 |
Inter-Brand vs Intra-Brand Competition in the Automotive Sector |
inter-brand-vs-intra-brand-competition-in-the-automotive-sector |
Direct sales in the automobile sector have gained significant recognition in the B2C segment of sales, this year. Automobile manufacturers have announced their intent to do away with the conventional form of distribution of new cars throu |
|
| 102 |
 |
To Modify or not to Modify the Award – Supreme Court Answers the Question |
to-modify-or-not-to-modify-the-award-supreme-court-answers-the-question |
The Hon’ble Supreme Court recently in the case of Project Director, National Highway Authority of India v. M. Hakeem & Anr[i] while dealing with an interesting issue as to whether the power of a court, under Section 34 of the Arbitration an |
|
| 103 |
 |
Trademark Law in India – Types of Trademarks, Registration Procedure and Acquired Distinctiveness of Generic Words |
trademark-law-in-india-types-of-trademarks-registration-procedure-and-acquired-distinctiveness-of-generic-words |
I. TRADEMARKS
A trademark may be a word, sign, and symbol or even graphic that is applied to a company, goods or services to distinguish them from those of the competitors. For example a brand, product, company name, or logo. This enables consumers |
|
| 104 |
 |
Dictionary Word with Acquired Distinctiveness – Registerable as a TM |
dictionary-word-with-acquired-distinctiveness-registerable-as-a-tm |
A trademark may be a word, sign, and symbol or even graphic that is applied to a company, goods or services to distinguish them from those of the competitors. For example a brand, product, company name, or logo. This enables consumers to identify, pu |
|
| 105 |
 |
Biological Resources and Related Legislation |
biological-resources-and-related-legislation |
1. WHAT ARE THE MAIN OBJECTIVES OF THE BIOLOGICAL DIVERSITY ACT, 2002 (BDA)?
The BDA came into force in the year 2002 and its main objectives are as follows:
conservation and sustainable use of biological resources;
to address issu |
|
| 106 |
 |
Ease of Doing Business – Discontinuation of Reports/Returns Under FEMA, 1999 |
ease-of-doing-business-discontinuation-of-reports-returns-under-fema-1999 |
The Reserve Bank of India (“RBI”) in its circular[1] dated November 13, 2020, notified, that subsequent to the reviewal of the existing forms and reports prescribed under the Foreign Exchange Management Act, 1999 (“FEMA”), it |
|
| 107 |
 |
Contract Labour Reforms under the OSH Code |
contract-labour-reforms-under-the-osh-code |
Introduction
The Occupational, Safety, health and Working Conditions Code, 2020 (“OSH Code”) received the assent of the president on September 28, 2020. The OSH Code will subsume several acts formulated to focus on health, safety and w |
|
| 108 |
 |
WAGES (as per the new wage code) |
wages-as-per-the-new-wage-code- |
Background
The Code on Wages, 2019 (“Code”) received assent of the president on September 28, 2020. The Code focuses on simplifying the existing labour laws dealing with payment of wages, overtime, bonus, minimum wages etc. b |
|
| 109 |
 |
Drone Governance Simplified |
drone-governance-simplified |
The Ministry of Civil Aviation, Government of India, vide notification dated August 25, 2021, has issued the new Drone Rules, 2021[1] (“Drone Rules”) in supersession of the Unmanned Aircraft System Rules, 2021 (“UAS Rules”). I |
|
| 110 |
 |
Can a non-signatory object to enforcement of foreign award in India? |
can-a-non-signatory-object-to-enforcement-of-foreign-award-in-india- |
In a most recent judgment[1], the Apex Court had the occasion to deal with an interesting issue i.e., “whether a non-signatory to an arbitration agreement can challenge the enforcement of a foreign award in India on any of the parameters setout |
|
| 111 |
 |
Liability of Personal Guarantors Under IBC |
liability-of-personal-guarantors-under-ibc |
INTRODUCTION:
Recently a question arose before the Supreme Court of India in a batch of matters in the case of Lalit Kumar Jain vs. Union of India & Ors.,[1] regarding the vires and constitutionality of the notification dated 15.11.2019 issued |
|
| 112 |
 |
IP Reforms - Catapulting India as an Innovation Hub |
ip-reforms---catapulting-india-as-an-innovation-hub |
A recent press release by the Ministry of Commerce and Industry states that the Ministry has reviewed and acknowledged the functioning of the Office of Controller General of Patents, Designs and Trademarks (‘CGPDTM’). Various new initiati |
|
| 113 |
 |
E-signing of contract and documents in India |
e-signing-of-contract-and-documents-in-india |
In this article, we have discussed the legal provisions and position with regard to execution of documents by way of electronic mode.
Legal recognition of electronic records under Information Technology Act, 2000
The Information Technology Act, |
|
| 114 |
 |
A Guide for Trademark Protection |
a-guide-for-trademark-protection |
Dipak Rao and Sana Singh contributed to the India section of the Terralex Cross-Border Trademark Guide!
The guide is a practical tool with respect to the various provisions and procedures involved in the administration of the Trade Marks in India. |
|
| 115 |
 |
Extension of TRIPS transition period for LDCs until 1 July 2034 |
extension-of-trips-transition-period-for-ldcs-until-1-july-2034 |
The World Trade Organization (“WTO”) has agreed to extend the deadline of the transition period of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) for the next 13-years, i.e. till 1 July 2034, |
|
| 116 |
 |
Ambit of Arbitration under MSMED Act, 2006 |
ambit-of-arbitration-under-msmed-act-2006 |
The Hon’ble Supreme Court of India had an occasion to deal with interesting issues relating to the arbitration proceedings initiated under Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) in two cases of M/s |
|
| 117 |
 |
Maintainability of Application Under Section 8 of Arbitration & Conciliation Act, 1996 In An Insolvency Proceeding |
maintainability-of-application-under-section-8-of-arbitration-conciliation-act-1996-in-an-insolvency-proceeding |
INTRODUCTION:
The Supreme Court in a recent judgment of Indus Biotech Pvt. Ltd. vs. Kotak India Venture (Offshore) Fund [AIR 2021 SC 1638] has settled an important question of law: ‘whether an application filed under Section 8 of Arbitrati |
|
| 118 |
 |
Pharmaceutical Industry and Intellectual Property Rights – An Indian Perspective |
pharmaceutical-industry-and-intellectual-property-rights-an-indian-perspective |
Introduction:
The Indian pharmaceutical industry has witnessed tremendous growth in the past decades, in terms of market capturing and contribution to the Gross Domestic Product of our country. India’s domestic pharmaceutical market is estimat |
|
| 119 |
 |
Redesigning of CSR Regime |
redesigning-of-csr-regime- |
The Ministry of Corporate Affairs (“MCA”) by way of notification dated January 22, 2021, brought into effect the Companies (Corporate Social Responsibilities Policy) Amendment Rules, 2021 (“CSR Rules”). The CSR Rules aims to |
|
| 120 |
 |
Domain Name and related Disputes |
domain-name-and-related-disputes- |
A Domain Name is a word or a combination of words which help identify a website’s association with another individual. Domain names are used to locate a website and are popularly known as Uniform Resource Locator (URL). The Internet Domain Na |
|
| 121 |
 |
Contents of pre-action letter and guidelines for drafting |
contents-of-pre-action-letter-and-guidelines-for-drafting |
Pre-action letter sent by lawyer or potential claimant
In India, a pre-action letter/legal notice is ordinarily a notice sent by a lawyer on behalf of his/her client. However, it is not mandatory for a person to send a legal notice through a law |
|
| 122 |
 |
Response to pre-action letter and limitation period |
response-to-pre-action-letter-and-limitation-period |
In India, there is no such time limit prescribed under the law for sending a response to a legal notice. In general, the time limit to file a response to a legal notice varies from case-to-case basis, ranging from 15 days-45 days. However, in cases |
|
| 123 |
 |
Letter Before Action: First Step Towards Initiating a Legal Action |
letter-before-action-first-step-towards-initiating-a-legal-action |
What is letter before action and when is it mandatory to send it?
A letter before action is ordinarily called the legal notice in India. A legal notice is a formal written communication between the parties. The sender notifies the |
|
| 124 |
 |
Trans-Border Reputation of Trademarks in India |
trans-border-reputation-of-trademarks-in-india |
Introduction
A trademark is a mark which represents the goods, products or services in a graphical manner. It helps to associate the goods and services of a business group by representing its brand name or trade name graphically and in a way whi |
|
| 125 |
 |
Claims not part of approved resolution plan does not survive |
claims-not-part-of-approved-resolution-plan-does-not-survive |
INTRODUCTION:
In 2016, the Insolvency and Bankruptcy Code (“Code” or “IBC”) was enacted with the objective to bring the insolvency law in India under a single unified umbrella and to speed up the insolvency process.1 Time a |
|
| 126 |
 |
BASICS OF PATENT SEARCHING (Patentability vs Validity vs Freedom to Operate vs Mapping) |
basics-of-patent-searching-patentability-vs-validity-vs-freedom-to-operate-vs-mapping- |
Patents searching is a basis to determine the prior art, scope of claims of an invention, infringement analysis, licensing negotiations, landscape analysis of a technology. Considering the said benefits…
Read More...
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|
| 127 |
 |
Shifting of Seat of Arbitration |
shifting-of-seat-of-arbitration |
In recent times, the arbitration law in India has evolved many folds. It has been settled by the Supreme Court that ‘seat of arbitration’ determines the jurisdiction of the court in an arbitration matter. However, what happens when the |
|
| 128 |
 |
Indian Parties Can Opt for A Foreign Seated Arbitration |
indian-parties-can-opt-for-a-foreign-seated-arbitration |
Introduction:
The Hon’ble Supreme Court of India in one of its most recent judgment has laid down that two Indian parties are entitled to select a foreign seat of arbitration. An arbitral award arising from such arbitration would be a foreig |
|
| 129 |
 |
IPR Handbook |
ipr-handbook |
Across the years, while advising and assisting the domestic and international clients, in protecting Intellectual Property Rights, we have experienced the need and demand of creating IP awareness among various clusters of the society, mainly small sc |
|
| 130 |
 |
Copyright (Amendment) Rules, 2021 |
copyright-amendment-rules-2021 |
The Government of India notified the Copyright (Amendment) Rules, 2021 (“Rules”) on 30 March 2021. The said Rules amend the Copyright Rules, 2013, which were last amended in 2016.
Electronic Communication Mode:
The Rules recognize |
|
| 131 |
 |
When does delivery of the Arbitral Award to the parties complete |
when-does-delivery-of-the-arbitral-award-to-the-parties-complete |
Introduction:
Under the Arbitration and Conciliation Act, 1996 (“the Act”), as amended up to date, the remedies in respect of arbitral award are to be availed within rigid timelines, which are provided under the Act. A party can seek c |
|
| 132 |
 |
Formation of Contract- when completes |
formation-of-contract--when-completes |
Introduction:
In one of its most recent judgments, in the case of Padia Timber Company (P) Ltd. Vs The Board of Trustees of Visakhapatnam Port Trust Through its Secretary[1], the Hon’ble Supreme Court considered the issue of regarding format |
|
| 133 |
 |
Application under Section 29A of the Arbitration Act lies only before the Court competent to appoint arbitrator |
application-under-section-29a-of-the-arbitration-act-lies-only-before-the-court-competent-to-appoint-arbitrator |
Introduction:
The legislature introduced under Section 29A to the Arbitration and Conciliation Act, 1996 (“the Act”) vide the Amendment Act 3 of 2016. The aforesaid amendment came into force with effect from 23.10.2015. Section 29A of th |
|
| 134 |
 |
Denial of Adjournment Request Results in Remand of the Application back to the Patent Office |
denial-of-adjournment-request-results-in-remand-of-the-application-back-to-the-patent-office |
Lifesaver IP Limited (Applicant) moved the Intellectual Property Appellate Board (IPAB) against the impugned order of the Controller of Patents (Controller) refusing the grant of a patent and denying the adjournment request filed by the Applicant.& |
|
| 135 |
 |
Moral Rights Under Copyright Law |
moral-rights-under-copyright-law |
These days, one faces a plethora of copyright issues pertaining to moral rights of authors, a historic and significant aspect of copyright law in almost every part of the world. The fundamentals of copyright law are at cross-roads with the concept of |
|
| 136 |
 |
Gig Workers and Platform Workers: The Code on Social Security 2020 |
gig-workers-and-platform-workers-the-code-on-social-security-2020 |
The new Code on Social Security, 2020 (“Code”). The Code will replace nine legislations which provided social security to the employees like Maternity Benefit Act, Employees’ Provident Fund Act, Employees’ Pension Scheme, Empl |
|
| 137 |
 |
Arbitration Clause in an unstamped contract is valid |
arbitration-clause-in-an-unstamped-contract-is-valid |
INTRODUCTION:
Nearly after a decade of deciding that an arbitration clause contained in an unstamped or deficiently stamped contract, is not valid and hence not enforceable until such deficiency is removed, in the case of SMS Tea Estates Vs. |
|
| 138 |
 |
Arbitrators’ Power to Award Interest on Interest or Compound Interest for Future Period, in the Absence of Contract Between the Parties |
arbitrators-power-to-award-interest-on-interest-or-compound-interest-for-future-period-in-the-absence-of-contract-between-the-parties |
Introduction:
Will arbitral tribunal have power to award interest on interest for post award period, in the absence of agreement between the parties, was one of the questions considered by a two judge’s bench of the Hon’ble Supreme Court of Ind |
|
| 139 |
 |
Supreme Court on Challenge to Pre-BALCO Awards |
supreme-court-on-challenge-to-pre-balco-awards |
Pre-BALCO foreign awards cannot be challenged under Section 34 of Arbitration & Conciliation Act, 1996
Introduction
The Hon’ble Supreme Court of India in its recent judgment[1] delivered on 26.11.2020, has reaffirmed that even if a cont |
|
| 140 |
 |
Interpretation and Enforcement of Parallel Arbitration Clauses |
interpretation-and-enforcement-of-parallel-arbitration-clauses |
INTRODUCTION:
The Hon’ble Supreme Court of India (“SC”/“Apex Court”) in one of its most recent judgment laid down the law on interpretation and enforcement of parallel arbitration clauses. In the cas |
|
| 141 |
 |
IRDAI notifies Minimum Information for Insurers, Intermediaries and Insurance Intermediaries |
irdai-notifies-minimum-information-for-insurers-intermediaries-and-insurance-intermediaries |
Introduction
On November 23, 2020, the Insurance Regulatory and Development Authority of India (“IRDAI”) exercising its power under Sections 33(7) and 114A(2)(j) of the Insurance Act, 1938 (“Act”) read with Sections 14 and 26 |
|
| 142 |
 |
Show Cause Notice without Specific Mention of Blacklisting not Valid for Debarment |
show-cause-notice-without-specific-mention-of-blacklisting-not-valid-for-debarment- |
Introduction
The Hon’ble Supreme Court of India in its most recent judgment passed on 16.11.2020 has deprecated and disapproved the action of blacklisting taken by Food Corporation of India (“FCI”) without giving a show |
|
| 143 |
 |
Recent amendments in the Patents Rules, 2003 |
recent-amendments-in-the-patents-rules-2003 |
The Government of India, while exercise the powers conferred under Section 159 of the Patents Act, 1970, has amended the Patents Rules, 2003, which would be called the Patents (Amendment) Rules, 2020.
The amendments are particularly rel |
|
| 144 |
 |
Designs and Secrecy Directions |
Designs-and-Secrecy-Directions |
The relevant Indian Laws, not only enforces certain secrecy directions on innovations for the grant of patents, but also for registration of designs applied on the article/product. In the present article the relevant provisions of The Designs Act, 20 |
|
| 145 |
 |
Whether Petition under Article 226/227 of Constitution of India Maintainable against orders Passed by the Tribunal During Pendency of Arbitration Proceeding |
whether-petition-under-article-226-227-of-constitution-of-india-maintainable-against-orders-passed-by-the-tribunal-during-pendency-of-arbitration-proceeding |
The apex court once again deprecated the practice of challenging non-appealable orders passed by the arbitral tribunal under the Arbitration and Conciliation Act, 1996 (“Act”) by way of filing petitions under Article 226/227 of |
|
| 146 |
 |
Limitation Period for Enforcement of Foreign Award |
limitation-period-for-enforcement-of-foreign-award |
About 5 months ago, when a two judges’ bench of Hon’ble Supreme Court of India (“SC”) decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether t |
|
| 147 |
 |
Primer on Corporate Social Responsibility -Sec 135 Companies Act 2013 |
primer-on-corporate-social-responsibility--sec-135-companies-act-2013 |
CORPORATE SOCIAL RESPONSIBILITY
The Companies Act, 2013 (“Act”) had inter alia introduced the concept of Corporate Social Responsibility (“CSR”). The requirements concerning CSR were completely unknown to |
|
| 148 |
 |
Multiple references in one contract |
multiple-references-in-one-contract |
As Arbitration is gaining popularity as preferred mode of alternative dispute resolution mechanism, it has been observed that in commercial contracts, parties refer their disputes to arbitration at different stages of such contracts, by way of separa |
|
| 149 |
.jpg) |
Cancellation of written instruments under Section 31 of Specific Relief Act- whether an action in rem and hence not arbitrable |
cancellation-of-written-instruments-under-section-31-of-specific-relief-act--whether-an-action-in-rem-and-hence-not-arbitrable |
Introduction
Almost a decade ago, the Apex Court held in the case of Booz Allen & Hamilton Inc. Vs. SBI Home Finance Ltd.1, that generally and traditional all disputes relating to rights in personam are arbitrable whe |
|
| 150 |
 |
Application and Registration of a Design |
application-and-registration-of-a-design |
An application for registration of a design can be filed by any person claiming to be a proprietor of a new or original design applied on an article. The proprietor could be:
an author of the design;
an exclusive assignee of the design;
ori |
|
| 151 |
 |
Amendments in Geographical Indications (GI) Rules |
amendments-in-geographical-indications-gi-rules |
The Government of India (GOI) has recently notified rules to amend Geographical Indications of Goods (Registration and Protection) Rules, 2002. The said rules will be called as Geographical Indications of Goods (Registration and Protection) (Ame |
|
| 152 |
|
Basics of Design Law |
basics-of-design-law |
In order to provide effective protection to designs in India and foster Indian design industry, the Designs Act was enforced by the Government of India. Based on the provisions, designs means a shape, configuration, pattern, ornamentation, applied on |
|
| 153 |
 |
Term of Design, Restoration and Rectification Process |
term-of-design-restoration-and-rectification-process |
Copyright in the design subsists for 10 years from the date of registration. This period can be extended by another 5 years upon a request for extension of copyright filed by the registered proprietor before the expiry of the original period of 10 ye |
|
| 154 |
 |
Does Allegations of Fraud Vitiate Arbitration Agreement? |
does-allegations-of-fraud-vitiate-arbitration-agreement- |
Whether the allegations of fraud would vitiate the arbitration agreement, and what would be the measure of damages in case of contract entered into on the basis of fraud or misrepresentations, are the issues answered by the Honw’ble Supreme Cou |
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| 155 |
 |
Procedure of Registration under Protection of Plant Variety and Farmer’s Rights Act, 2001 |
procedure-of-registration-under-protection-of-plant-variety-and-farmer-s-rights-act-2001 |
The Protection of Plant Variety and farmer’s Rights Act (“the Act”) was passed by the Parliament in 2001 owing to the obligation of the Indian Government under Article 23.3(b) of the TRIPS Agreement. This act is a unique legislation |
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| 156 |
 |
Keeping Securities Mandatorily in Dematerialised form – Applicability to Companies |
keeping-securities-mandatorily-in-dematerialised-form-applicability-to-companies |
The Ministry of Corporate Affairs (MCA) vide the Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 dated September 10, 2018 inserted a new Rule 9A which came into effect from October 02, 2018 onwards. As per the said new |
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| 157 |
 |
Filing of Patent outside India - Foreign Filing License |
filing-of-patent-outside-india---foreign-filing-license |
The world has already been riding in the next wave of globalization. International trade and commerce have been exceeding exponentially and business enterprises have a presence in multiple jurisdictions. The countries have legal impositions related t |
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| 158 |
 |
Drone Laws in India |
drone-laws-in-india |
E-commerce companies have become very popular in India and the industry is growing at a good rate. These companies are finding different ways of being innovative and efficient in their business approach and one such example that companies are explori |
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| 159 |
 |
A Perspective on the Current Regulations on Payment Aggregators |
a-perspective-on-the-current-regulations-on-payment-aggregators |
The rapid transformation of the Indian economy into a cashless one, particularly with the establishment of e-commerce as a legitimate mode of consumerism, there has been an equally urgent need for innovating and adopting digital payment systems. On o |
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| 160 |
 |
Applications invited for remaining 9 slots under PPH |
applications-invited-for-remaining-9-slots-under-pph |
The Indian Patent Office (IPO) has recently notified that the process of accepting the applications as per the Patent Prosecution Highway (PPH) Guidelines for the remaining 9 requests slots will commence from 10 August 2020.
In 2019, a&n |
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| 161 |
 |
Remedies Against Infringement of Copyright |
remedies-against-infringement-of-copyright |
The Act provides the following remedies for copyright infringement:
Civil
Criminal
Administrative
However, it is only the first two remedies, civil and criminal, which are of any real practical importance. Under civil remedies, one may |
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| 162 |
 |
Registration of Copyright and Infringement of Copyright |
registration-of-copyright-and-infringement-of-copyright |
Under Indian Copyright law, registration is not a pre-requisite for acquiring a copyright in a work. A copyright in a work is created when the work is created and given a material form, provided it is original.
However, the Act provides a procedur |
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| 163 |
 |
Term and Ownership of Copyright |
term-and-ownership-of-copyright |
The duration of protection for copyright works varies according to the type of work and the date of creation of the work. It is divided as follows:
Literary, dramatic, musical or artistic works:
The Copyright expires after 60 years from the end o |
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| 164 |
 |
Basics of Copyright Law |
basics-of-copyright-law |
The Copyright Act 1957 (the Act), supported by the Copyright Rules 1958 (the Rules), is the governing law for copyright protection in India. Substantial amendments were carried out to the Copyright Act in 2012. India follows a common law legal system |
|
| 165 |
 |
Jurisdiction of Courts in Arbitration Cases where Place of Arbitration not agreed upon by Parties |
jurisdiction-of-courts-in-arbitration-cases-where-place-of-arbitration-not-agreed-upon-by-parties |
In the recent trend of Judgments by various Courts in India, the autonomy of parties to decide about the seat/place of Arbitration have been upheld and they can even choose a neutral seat which has no connection with the cause of action. In such case |
|
| 166 |
 |
Whether the circular issued by the RBI dated 27.03.2020 whereby it allowed Banks to grant moratorium on payment of Loan instalments to its customers is mandatory, directory or discretionary |
whether-the-circular-issued-by-the-rbi-dated-27-03-2020-whereby-it-allowed-banks-to-grant-moratorium-on-payment-of-loan-instalments-to-its-customers-is-mandatory-directory-or-discretionary |
Courtesy the present pandemic, financial difficulties are hurting industries across all sections. In order to ease out such daunting situation, the RBI vide its circular dated 27th March 2020 had allowed banks and financial institutions to grant |
|
| 167 |
 |
Amendments made To CPC by the Commercial Courts Act, 2015 |
amendments-made-to-cpc-by-the-commercial-courts-act-2015 |
Introduction
The objective of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (the Principal Act) was speedy resolution of commercial disputes. The “Commercial disputes” have been defined |
|
| 168 |
 |
Term of Trademark, Renewal and Restoration |
term-of-trademark-renewal-and-restoration |
The registration of a trademark is valid for a period of 10 years and further can be renewed every 10 years. In case the opponent does not renew the trademark, the trademark protection is no longer valid. An application for renewal can be filed on or |
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| 169 |
 |
Opposition of a Trademark and Rectification of the Trademark Register |
opposition-of-a-trademark-and-rectification-of-the-trademark-register |
Opposition of a Trademark:
A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may f |
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| 170 |
 |
Trademark registration and application process |
trademark-registration-and-application-process |
The trademark registration has benefits attached to it. A registered trademark has the following advantages:
Exclusive rights to the brand/company by enjoying sole ownership of the trademark throughout the jurisdiction where the trademark is re |
|
| 171 |
 |
Basics of Trademark |
basics-of-trademark |
A Trademark is any mark which is distinctive i.e. capable of distinguishing goods and services of one undertaking from goods and services of one undertaking from another, and capable of being represented graphically. Trademark denotes the characteriz |
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| 172 |
 |
Infringement and Passing off of Trademark |
infringement-and-passing-off-of-trademark |
An infringement action occurs on the invasion of a statutory right of the registered trademark holder. Such action may be instituted when a person uses a mark which is identical or deceptively similar to that of the registered proprietor. There are b |
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| 173 |
 |
Promissory Estoppel has to Yield to Larger Public Interest |
promissory-estoppel-has-to-yield-to-larger-public-interest |
INTRODUCTION
In a recent pronouncement. the Apex Court upheld amendment notifications issued by the Central Government (“Government” / “UOI”) limiting the extent of amount of benefit promised in the original no |
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| 174 |
 |
Nominee Director- the Tug of War between Duty to Company and Nominator |
nominee-director--the-tug-of-war-between-duty-to-company-and-nominator |
The concept of fiduciary duty that a director owes to the company has been around for centuries. The Latin root of the word fiduciary – fiduciarius – means one in whom trust is reposed. Accordingly, as the law developed, i |
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| 175 |
 |
New Comprehensive Rules Notified for MSMES Requiring Udyam Registration |
new-comprehensive-rules-notified-for-msmes-requiring-udyam-registration |
The Ministry of Micro, Small and Medium Enterprises (MSME Ministry) vide its notification dated June 26, 2020 (Notification) superseded its earlier notifications dated June 01, 2020; June 30, 2017; November 01, 2013 and October 05, 2006 and notified |
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| 176 |
 |
UDAN – “Regional Connectivity Scheme” |
udan-regional-connectivity-scheme- |
I. Introduction & Objective
The Indian civil aviation industry is a promising sector owing to increased demand from the upper-middle class, higher disposable incomes, favourable demographics and rapid economic growth. India is currently the 7th |
|
| 177 |
 |
Liabilities & Protection Concerning Civil Aviation |
liabilities-protection-concerning-civil-aviation |
Introduction:
Air travel is one of the prime inventions of the previous century. It has not only widened the concept of travel but has also opened various new possibilities. Air travel is not only the fasted mode of travel for people or goods but al |
|
| 178 |
 |
Recording Evidence by Video Conferencing |
recording-evidence-by-video-conferencing |
“Faith is belief without evidence and reason; coincidentally that’s also the definition of delusion.”- Richard Dawkins
In today’s time when the entire world is griped with Pandemic, Commerce and businesses are struggling to |
|
| 179 |
 |
Dispute Resolution in India-Frequently Asked Questions |
dispute-resolution-in-india-frequently-asked-questions |
The Indian Judicial/Court System is one of the oldest legal systems in the world today. The framework of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it. There are various leve |
|
| 180 |
 |
Delhi High Court Takes SUO Moto Cognizance and Directs Interim Orders to Continue Till 15.07.2020 |
delhi-high-court-takes-suo-moto-cognizance-and-directs-interim-orders-to-continue-till-15-07-2020 |
Due to the increase in COVID-19 cases in India, the Indian Government announced a total lockdown of 21 days with effect from 25.03.2020. The Hon’ble Delhi High Court observed that due to the lock down, advocates and litigants have not been in a |
|
| 181 |
 |
Acceptable Use of Copyrighted Material |
acceptable-use-of-copyrighted-material |
Section 52 of the Copyrights Act, 1957 provides for certain exceptions to infringement of copyright and the said provision allows limited use of copyrighted works without the permission of the copyright holder. The entire Section, identifying the var |
|
| 182 |
 |
Applicability of Section 52 of the Copyrights Act to Specific Works |
applicability-of-section-52-of-the-copyrights-act-to-specific-works |
Section 52 of the Copyrights Act, 1957 provides for certain exceptions to infringement of copyright and the said provision allows limited use of copyrighted works without the permission of the copyright holder. Such use of the copyrighted works is us |
|
| 183 |
 |
Limited, though not Ludicrous, is the Scope of Section 34 of the Arbitration & Conciliation Act, 1996 for Challenging an Arbitral Award, Holds Supreme Court of India |
limited-though-not-ludicrous-is-the-scope-of-section-34-of-the-arbitration-conciliation-act-1996-for-challenging-an-arbitral-award-holds-supreme-court-of-india |
Minimum interference with foreign awards has been hallmark of Indian legal system, which aims at securing smooth enforcement of a foreign award so that the award holder may enjoy the fruit of the foreign award. Indian law provides a very limited scop |
|
| 184 |
 |
Bank of Baroda Vs. Kotak Mahindra Bank Ltd. – Limitation for execution of Foreign Decree |
bank-of-baroda-vs-kotak-mahindra-bank-ltd-limitation-for-execution-of-foreign-decree |
Introduction
Indian Courts have broadly adopted a pro-award approach while dealing with the petitions challenging the award under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”). At the same time, courts have has |
|
| 185 |
 |
Electronic Filing of FLAs on FLAIR Portal |
electronic-filing-of-flas-on-flair-portal |
The Reserve Bank of India (RBI) in the year 2012 mandated all Indian companies which have received Foreign Direct Investment (FDI) and/or have made overseas investment in the previous year(s) including the current year, to file the Annual Return on F |
|
| 186 |
 |
New Classification of MSMES Notified |
new-classification-of-msmes-notified |
The Ministry of Micro, Small and Medium Enterprises (MSME Ministry) vide its notification dated June 01, 2020 has revised the basis for classification of micro, small and medium enterprises. In addition to the investment in plant and machinery/equipm |
|
| 187 |
 |
Handbook for the Board of Directors |
handbook-for-the-board-of-directors |
INTRODUCTION
Recent international and local jurisprudence has necessitated the establishment of a standard of conduct, which is warranted from the directors of a company. With this objective in mind, the Companies Act, 2013 (hereinafter referred to |
|
| 188 |
 |
Exemptions Under the Takeover Code |
exemptions-under-the-takeover-code |
The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“Regulations”) govern the transaction relating to acquisition of shares of a target company (listed company in India), where u |
|
| 189 |
 |
Laws for Wholesale Trading in India |
laws-for-wholesale-trading-in-india |
Typically, retail is understood to be the sale of goods to end users, not for resale, but for use and consumption by the purchaser. The retail transaction is at the end of the supply chain. Interestingly, courts in India have defined the term ‘ |
|
| 190 |
 |
COVID-19 : Our Take on Employment Issues in India |
covid-19-our-take-on-employment-issues-in-india |
COVID-19 is severe acute respiratory disease caused due to infection from the novel corona virus which originated from Wuhan province in China and has now turned into a global pandemic. Within three months from its first instance, COVID-19 has spread |
|
| 191 |
 |
FAQs Force Majeure Clause Due to Covid-19 |
faqs-force-majeure-clause-due-to-covid-19 |
1. What is the definition of Force Majeure (“FM”)?
Force Majeure (“FM”) is a French word which translates to “Superior/irresistible force”. The Black's Law Dictionary, defines it as 'an event or effect tha |
|
| 192 |
 |
Relaxation with regard to Holding of Board Meetings under the Companies Act, 2013 in view of COVID-19 Outbreak |
relaxation-with-regard-to-holding-of-board-meetings-under-the-companies-act-2013-in-view-of-covid-19-outbreak |
In light of the unprecedented times faced by the companies in India, the Ministry of Corporate Affairs (MCA) vide notification dated 19th March, 2020 has relaxed certain provisions with regard to the requirement of physical presence of the direc |
|
| 193 |
 |
Compoundable Offences Under the Companies Act, 2013 |
compoundable-offences-under-the-companies-act-2013 |
Non-compliance with the provisions of the Companies Act, 2013 (“Act”) will entail penalties and/or imprisonment as specified under the Act. Further, offences under the Act have been classified as Compoundable and Non-compoundable offence. |
|
| 194 |
 |
Enforcement of Foreign Award-When can be refused |
enforcement-of-foreign-award-when-can-be-refused |
Minimum interference with foreign awards has been hallmark of Indian legal system, which aims at securing smooth enforcement of a foreign award so that the award holder may enjoy the fruit of the foreign award. Indian law provides a very limited scop |
|
| 195 |
 |
Benefits and Exemptions Provided by the Government of India under Atmanirbhar Bharat Scheme |
benefits-and-exemptions-provided-by-the-government-of-india-under-atmanirbhar-bharat-scheme |
Amid the global crisis that COVID-19 has posed, the economy is under unprecedented stress. As per the reports of the United Nations, the GDP growth rate of India is projected to be as low as 1.2 % for the financial year 2020-21. The rate of unemploym |
|
| 196 |
 |
Alternative Dispute Resolution and the Law of Intellectual Property |
alternative-dispute-resolution-and-the-law-of-intellectual-property |
Introduction
Disputes relating to intellectual property protection are gradually escalating in the Indian legal setting. Intellectual property protection is available for a limited period for the intellectual property creator who has to enforce it i |
|
| 197 |
 |
Delhi District and Sessions Judge (HQ) Issued Advisory for E-Filing and Online Hearing of Urgent Cases |
delhi-district-and-sessions-judge-hq-issued-advisory-for-e-filing-and-online-hearing-of-urgent-cases |
The Delhi District and Sessions Judge (HQ) issued an Advisory Protocol on 29.03.2020 followed by Orders dated 19.04.2020 and 04.05.2020, in respect of advocates and litigants to address arguments through video conference as a precaution due to preval |
|
| 198 |
 |
Practical Insights to Procuring Industrial Permission During Lockdown In GBN |
practical-insights-to-procuring-industrial-permission-during-lockdown-in-gbn |
In wake of the unprecedented situation created by Covid-19 pandemic, the Ministry of Home Affairs (MHA) by virtue of its Order dated May 01, 2020 (MHA Order) further extended the lockdown period till May 17, 2020, however, with certain relaxations. T |
|
| 199 |
 |
The Negotiable Instrument (Amendment) Act, 2018 – An Overview |
the-negotiable-instrument-amendment-act-2018-an-overview |
The Negotiable Instrument Act, 1881 (“the NI Act”) came into being as an Act to define and amend the law relating to promissory note, bill of exchange and cheques. The NI Act has been amended time and again to ensure and enhance |
|
| 200 |
 |
Relaxations by MCA for Conducting Annual General Meeting 2020 |
relaxations-by-mca-for-conducting-annual-general-meeting-2020- |
In terms of the Companies Act, 2013 (Act) and rules made thereunder, every company other than a one person company is required to hold an Annual General Meeting (AGM) within 6 months (9 months in case of first AGM) from the closure of the previous fi |
|
| 201 |
 |
The Contemporary Issue of the Non – Conventional Trademarks |
the-contemporary-issue-of-the-non-conventional-trademarks |
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. A Trademark has been defined in Trade Marks Act, 1999, unde |
|
| 202 |
 |
Can the Counter Claims Filed Against the Corporate Debtor be Stayed in Terms of the IBC Provisions During the Moratorium? |
can-the-counter-claims-filed-against-the-corporate-debtor-be-stayed-in-terms-of-the-ibc-provisions-during-the-moratorium- |
The question whether a counter claim filed against a Corporate Debtor is liable to be stayed during moratorium has been considered by the Courts/NCLT/NCLAT time and again. Since its inception, the Insolvency & Bankruptcy Code, 2016 (hereina |
|
| 203 |
 |
The Test of Patent Illegality |
the-test-of-patent-illegality |
The term “patent illegality” was explained in detail and brought within the scope of public policy of India for the first time by the Apex Court in ONGC Vs. SAW Pipes [(2003) 5 SCC 705]. However with the amendments to Section 34 |
|
| 204 |
 |
FDI Reporting Requirements Simplified by RBI |
fdi-reporting-requirements-simplified-by-rbi |
The Reserve Bank of India (RBI) vide A.P (DIR Series) Circular No. 30 dated June 07, 2018 (FDI Circular) simplified the foreign investment reporting by the Indian entities, by consolidating 9 different forms viz., FCGPR Form, FCTRS Form, LLP (I) Form |
|
| 205 |
 |
Can Private Employers Pay Reduced Salary During Lockdown? |
can-private-employers-pay-reduced-salary-during-lockdown- |
Corona Virus has created an unprecedented situation having devastating impact on the finance of our country. All industries/businesses across the country have got adversely affected and one question which is pestering all is, “Whether the vario |
|
| 206 |
 |
Insolvency and Bankruptcy Code (Amendment) Act, 2020: A Step Forward |
insolvency-and-bankruptcy-code-amendment-act-2020-a-step-forward |
INTRODUCTION:
The Insolvency and Bankruptcy Code, 2016 (‘Code’) was enacted by the Parliament with the aim to provide and revamp the framework for insolvency resolution in India in a time bound manner and for the promotion of entrepreneu |
|
| 207 |
 |
Revised FDI Policy Mandates Government Nod for FDI from Neighbouring Countries Sharing Land Borders with India |
revised-fdi-policy-mandates-government-nod-for-fdi-from-neighbouring-countries-sharing-land-borders-with-india |
The Department for Promotion of Industry and Internal Trade (DPIIT), the Ministry of Commerce & Industry, Government of India vide Press Note No. 3 (2020 Series) dated April 17, 2020 (PN 3/2020) has amended para 3.1.1 of the current ‘Consol |
|
| 208 |
 |
RBI Moratorium- What the Courts have held |
rbi-moratorium--what-the-courts-have-held |
In a wave of litigation at the back of the RBI announcing a 3 month moratorium from payments to be made against loans taken by borrowers, the Indian courts have attempted to provide relief to both parties and to balance the interests of both the lend |
|
| 209 |
 |
Time Limit for Filing Written Statement: Mandatory or Directory |
time-limit-for-filing-written-statement-mandatory-or-directory |
INTRODUCTION
The Hon’ble Supreme Court of India (“Apex Court”), in a recent case titled as M/s SCG Contracts India Pvt. Ltd. vs. M/s KS Chamankar Infrastructure Pvt. Ltd., [C.A. No. 1638/2019] has held that it is mandator |
|
| 210 |
 |
MCA Introduces LLP Settlement Scheme 2020 (LLPSS-2020) |
mca-introduces-llp-settlement-scheme-2020-llpss-2020- |
The Ministry of Corporate Affairs (MCA) vide General Circular 6/2020 dated March 04, 2020 notified the LLP Settlement Scheme, 2020 (LLPSS-2020), which was subsequently modified via General Circular 13/2020 dated March 30, 2020. The LLPSS-2020 allows |
|
| 211 |
 |
Court Interprets Covid-19 RBI Circular |
court-interprets-covid-19-rbi-circular |
In a move that provides clarity on what could have potentially become a sticky point in the interpretation of the regulatory guidelines issued by the RBI, the Delhi High Court has ordered that the RBI moratorium is applicable even to loans which were |
|
| 212 |
 |
Can Supreme Court of India fix the Period of Limitation for Filing of Appeal under the Arbitration and Conciliation Act, 1996 |
can-supreme-court-of-india-fix-the-period-of-limitation-for-filing-of-appeal-under-the-arbitration-and-conciliation-act-1996 |
In a recent judgment passed by the Hon’ble Supreme Court in the matter of N.V. International Vs. State of Assam[1]; the Hon’ble Court while refusing to condone the delay of 189 days, beyond the permissible 90 days, held as under:
|
|
| 213 |
 |
Impact of Seat in Arbitrations – Domestic as well as International |
impact-of-seat-in-arbitrations-domestic-as-well-as-international |
INTRODUCTION
In arbitration law, seat of arbitration is of paramount importance. The arbitral seat is the legal or juridical home of the arbitration and therefore, the choice of seat results in a number of significant legal consequences.
In the A |
|
| 214 |
 |
India on Lockdown due to the Covid 19 Outbreak – How Will The IPO Function? |
india-on-lockdown-due-to-the-covid-19-outbreak-how-will-the-ipo-function- |
With the present situation of the Novel Coronavirus at hand and the lockdown situation in India, various courts, tribunals and other judicial bodies have taken different steps for functioning amidst the unprecedented situation. The Intellectual Prope |
|
| 215 |
 |
Corporate Relaxations Introduced by the Govt. with respect to Companies |
corporate-relaxations-introduced-by-the-govt-with-respect-to-companies |
With the threat of COVID -19 permeating all spheres of life, the Government of India has introduced several relaxations in order to provide relief to the corporate sector in India. Apart from the relaxations introduced by way of the Companies Act, 20 |
|
| 216 |
 |
Mandatory Registration for Corporates on trade Receivables E-Discounting System (TREDS) Platform |
mandatory-registration-for-corporates-on-trade-receivables-e-discounting-system-treds-platform |
Trade Receivables Discounting System (TReDs) is a Reserve Bank of India initiative to ensure timely payments to the suppliers (MSME Suppliers) which qualify as micro, small and medium enterprises (MSMEs) under the Micro, Small and Medium Enterprises |
|
| 217 |
 |
Dot Relaxes OSP Terms and Conditions with respect to Work from Home Facility |
dot-relaxes-osp-terms-and-conditions-with-respect-to-work-from-home-facility |
The Other Service Providers (OSPs) are allowed Work From Home (WFH) facility by the Department of Telecommunications (DOT) subject to the fulfilment of prescribed conditions (such as submission of prescribed security deposit, interconnection through |
|
| 218 |
 |
A Soapy Conflict |
a-soapy-conflict |
The COVID-19 lockdown in almost every country keeping people in confinement did not deter two leading FMCG contenders approach the Bombay High court.
In the last week of March 2020, the Bombay High Court saw its first COVID-19 related misleading a |
|
| 219 |
 |
MCA introduces Companies Fresh Start Scheme, 2020 (CFSS-2020) |
mca-introduces-companies-fresh-start-scheme-2020-cfss-2020- |
The Ministry of Corporate Affairs (MCA) vide General Circular 12/2020 dated March 30, 2020 has introduced the Companies Fresh Start Scheme, 2020 (CFSS-2020) to facilitate the companies registered in India, to complete their pending compliances, irres |
|
| 220 |
 |
Supreme Court Orders Release of Prisoners to Decongest Jails |
supreme-court-orders-release-of-prisoners-to-decongest-jails |
In light of the current lock-down, the Supreme Court of India ordered all States to consider releasing some prisoners on parole to reduce overcrowding in prisons and to constitute a ‘High Powered Committee’ which will decide on the matter |
|
| 221 |
 |
MCA Clarifies Contribution to PM Cares Fund as Eligible CSR Activity |
mca-clarifies-contribution-to-pm-cares-fund-as-eligible-csr-activity |
In terms of Section 135 of the Companies Act, 2013 (Act), every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more, during the immediately |
|
| 222 |
 |
RBI Extends LEI Registration date for Non Derivative Forex Transactions Amidst Covid 19 Outbreak |
rbi-extends-lei-registration-date-for-non-derivative-forex-transactions-amidst-covid-19-outbreak |
The Reserve Bank of India (RBI) vide its notifications dated November 29, 2018 and April 26, 2019 provided that an entity having net worth up to INR 2000 million, undertaking a single transaction or multiple transactions on the same date, in non-deri |
|
| 223 |
 |
Relief for Auto industry due to COVID 19 |
relief-for-auto-industry-due-to-covid-19 |
A bench of judges Deepak Gupta and Arun Mishra heard through video conferencing today a plea filed by the Federation of Automotive Dealers’ Association (FADA) seeking an extension of 30 days to sell and register unsold stocks of BSIV vehicles. |
|
| 224 |
 |
Reserve Bank of India allows Three Month Moratorium on Loans |
reserve-bank-of-india-allows-three-month-moratorium-on-loans |
The Reserve Bank of India vide circular dated 27.03.2020 set out various developmental and regulatory policies that directly address the stress in financial conditions caused by COVID-19. They consist of: (i) expanding liquidity in the system sizeabl |
|
| 225 |
 |
Special Measures taken by the Ministry of Corporate Affairs to reduce Compliance Burden in view of COVID-19 outbreak |
special-measures-taken-by-the-ministry-of-corporate-affairs-to-reduce-compliance-burden-in-view-of-covid-19-outbreak |
In order to support and help the Companies and Limited Liability Partnerships in India to focus on taking measures to address the COVID-19 threat and revive themselves from economic disruptions caused by it, the Ministry of Corporate Affairs (MCA) ha |
|
| 226 |
 |
Covid-19 and Employment Queries |
covid-19-and-employment-queries |
Watch the video of Ravi Singhania, Managing Partner and Rudra Srivastava, Partner discussing the rights of employees and obligations as employers in the present time of COVID-19.
|
|
| 227 |
 |
Litigation and ADR During the Outbreak of Covid-19 |
litigation-and-adr-during-the-outbreak-of-covid-19 |
Ravi Singhania, and Vikas Goel, addressing your concerns about Litigation and Alternate Dispute Resolution in India in COVID-19 scenario.
|
|
| 228 |
 |
Is Covid-19 A Force Majeure in Commercial Contract? |
is-covid-19-a-force-majeure-in-commercial-contract- |
Watch the video of Vikas Goel and Arjun Anand discussing the applicability of Force Majeure clause in COVID-19 scenario?
|
|
| 229 |
 |
Intellectual Property Laws in India and COVID-19 |
intellectual-property-laws-in-india-and-covid-19 |
Watch the video of Dipak Rao and Sana Singh discussing the measures taken by the IP authorities about the functioning of the Intellectual Property offices and tribunals in India in the unprecedented COVID-19 scenario.
|
|
| 230 |
 |
The Motor Vehicles Act,1988 |
the-motor-vehicles-act-1988 |
Overview of the Act
The object of the Act is to consolidate and amend law relating to motor vehicles
The Act makes provisions for licensing of drivers of motor vehicles, registration of motor vehicles, control of traffic, insurance of motor v |
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| 231 |
 |
Impact of Covid-19 on Indian Commercial Contracts |
impact-of-covid-19-on-indian-commercial-contracts |
The outbreak of COVID-19, the pathogen causing coronavirus has been widely reported and the suffering consequences still continue. Countries around the world have imposed mass travel bans, temporary lockdowns and extremely restricted human movement. |
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| 232 |
 |
Supreme Court of India Extends Period of Limitation |
supreme-court-of-india-extends-period-of-limitation |
Pursuant to the health emergency and the recommendation by the Government of India to maintain social distancing, the Apex Court, Suo Motu took cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 and r |
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| 233 |
 |
Alternative Dispute Resolution in India: A Brief Overview |
alternative-dispute-resolution-in-india-a-brief-overview |
Dispute resolution is the process of deciding a dispute or a conflict that has arisen between transacting parties. The decision can be arrived at either in an amicable manner or adversarial manner, either by the parties themselves or a neutral third |
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| 234 |
 |
FAQ’s On Laws for CRISIS Management in India |
faq-s-on-laws-for-crisis-management-in-india |
Crisis Management is the process of managing an unexpected event that threatens to put an individual/stakeholder at risk. Depending upon the type of business an individual/stakeholder is engaged in, a crisis can be of various types – data breac |
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| 235 |
 |
Considerations that weigh with Court while appointing Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 |
considerations-that-weigh-with-court-while-appointing-arbitrator-under-section-11-of-the-arbitration-and-conciliation-act-1996 |
The Hon’ble Supreme Court of India in its recent judgment1 set aside a judgment of the High Court of Madhya Pradesh rejecting an application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 |
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| 236 |
 |
Impact Of Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 On Foreign Investors |
impact-of-foreign-exchange-management-non-debt-instrument-rules-2019-on-foreign-investors |
The Ministry of Finance vide its notification dated 17th October, 2019 issued the Foreign Exchange Management (Non-debt Instrument) Rules, 2019 (hereinafter referred to as “Rules”), in supersession of the Foreign Excha |
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| 237 |
 |
Sole Arbitrator cannot be appointed solely by One Party |
sole-arbitrator-cannot-be-appointed-solely-by-one-party |
“No one can be a judge in his own cause” (Nemo Judex in causa sua) is one of the fundamental principle of laws of natural justice, compliance with which is the fulcrum of any judicial process. In a recent judgment passed by the Hon&r |
|
| 238 |
 |
Miscellaneous Questions on M&A in India |
miscellaneous-questions-on-m-a-in-india |
Regulatory Requirements – Deposit Monies & Third-Party Intermediary
Q1) Is there any mandatory requirement to deposit monies with the third party?
There is no mandatory requirement to deposit monies with the third party; the sam |
|
| 239 |
 |
Procedure of Transfer of Shares During M&A |
procedure-of-transfer-of-shares-during-m-a |
Private Limited Company – Transfer Title to Shares
Q1) What is the procedure to transfer shares of a company?
The share transfer deed, duly stamped, is required to be executed both by the transferor and the transferee and delivered |
|
| 240 |
 |
Employee Matters during M&A in India |
employee-matters-during-m-a-in-india |
Management Representation and/or Consultation in relation to Corporate Transactions
Q1) Whether the company is required to obtain consent from its employee before amalgamation or merger?
Employees are not entitled to management representation. |
|
| 241 |
 |
Management of Tax During M&A in India |
management-of-tax-during-m-a-in-india |
Tax Charges – Sales of Shares/Assets and Issues of Shares
Q1) What is the tax regime in case of (i) sale of shares and assets due to acquisition; and (ii) sale of shares and assets due to merger?
(i) Sale of shares
Depending upon the t |
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| 242 |
 |
Post-Closing Obligations for M&A in India |
post-closing-obligations-for-m-a-in-india |
Share Sale closing formalities
Q1) What are post-closing obligations?
Generally, no further formalities are required to be carried out after closing, but sometimes depending upon agreement further actions may be necessary post-closing.
|
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| 243 |
 |
Closing Mechanism for M&A in India |
closing-mechanism-for-m-a-in-india |
Closing mechanism (subject to fulfil of outstanding formality)?
Q1) What is the closing mechanism in case of acquisition?
Everything depends on the intentions of the parties. Generally, in a transaction closing is subject to fulfilment of certa |
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| 244 |
 |
Execution and Notarization for M&A in India |
execution-and-notarization-for-m-a-in-india |
Different Execution Formalities for Document Types
Q1) What are the formalities for execution of different types of documents?
Generally, the transaction documents, which are in the nature of agreements/contracts, are executed on ap |
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| 245 |
 |
Restrictions, Regulations and Incentives of Investing in India |
restrictions-regulations-and-incentives-of-investing-in-india |
Foreign Investment Restrictions (eg The Committee on Foreign Investment in the United States or similar)
Q1) What are the restrictions on foreign direct investment?
Foreign Direct Investment (FDI) in India is permitted up to 100% in most sector |
|
| 246 |
 |
Anti-Trust Laws for M&A in India |
anti-trust-laws-for-m-a-in-india |
Antitrust Jurisdiction triggering events/thresholds
Q1) What are the trigger events under anti-trust laws?
The threshold tests are:
Where the parties have domestic presence:
a) At least INR 80 billio |
|
| 247 |
 |
Internet of Things – Indian Legal Perspective |
internet-of-things-indian-legal-perspective |
The internet of things (IoT) is a set-up of interconnected objects, people or systems that process and react to physical and virtual information. It achieves outcomes that aim to improve user experience or the performance of devices and systems. The |
|
| 248 |
 |
Insight to the Arbitration and Conciliation (Amendment) Act, 2019 |
insight-to-the-arbitration-and-conciliation-amendment-act-2019 |
Ever since the enactment of Arbitration and Conciliation Act 1996 (“Act”), Indian Legislature has been showing its intent to keep pace with the growing popularity of arbitration as preferred mode of dispute resolution in commercial m |
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| 249 |
 |
Setting Up an IFSC Unit in GIFT City, Gujarat |
setting-up-an-ifsc-unit-in-gift-city-gujarat |
The Government of India has established IFSC in Gujarat namely Gujarat International Finance Tec-City (GIFT) in Gandhinagar, Gujarat. GIFT is being developed as a global financial and IT Services hub, a first of its kind in India, designed to be |
|
| 250 |
 |
Investment in Property – Real Estate Or Collective Investment Scheme Under Sebi? |
investment-in-property-real-estate-or-collective-investment-scheme-under-sebi- |
An individual’s achievement is often linked to owning a Home or a piece of land or building and the Society is accustomed to judging a person’s success in terms of investment in Real Estate. Real Estate is the common form of security that |
|
| 251 |
 |
Patent (Amendment) Rules, 2019 |
patent-amendment-rules-2019 |
The Draft Patents (Amendment) Rules, 2018, as notified on 4th of December 2018, by the Central Government, have now come into force from 17th of September 2019 and are called the Patents (Amendment) Rules, 2019 (“Rules& |
|
| 252 |
 |
Protection of “Color” Under the Trademark Law |
protection-of-color-under-the-trademark-law |
These are mainly found in the form of smell marks, shape marks, sound marks, or color marks. In order to be irreplaceable one must always be different and distinct. A trade dress of a product comprising of color combinations, is protectable only if i |
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| 253 |
 |
When full and Final Settlement Bars Arbitration |
when-full-and-final-settlement-bars-arbitration |
In a recent judgment, the Supreme Court has upheld the sanctity of a full and final settlement by its judgment in United India Insurance Co. Ltd. v Antique Art Exports Pvt Ltd. The said Appeal was filed by the Insurance Company seeking to a |
|
| 254 |
 |
Exiting Business in India |
exiting-business-in-india |
Following are the various modes for existing business in India –
Transfer of shares for exiting business in India
Voluntary Liquidation in Existing Business in India
Winding up by the National Company Law Tribunal when Exiting Busines |
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| 255 |
 |
The new FDI Policy Shape Up E-Commerce in India |
the-new-fdi-policy-shape-up-e-commerce-in-india |
The FDI Policy permits FDI without any governmental approvals in entities engaged in the marketplace model of e-commerce where the e-commerce entity simply acts as an information technology platform that connects buyers and sellers. However, FDI is n |
|
| 256 |
 |
FDI in Multiple Brand Retail Trading in India |
fdi-in-multiple-brand-retail-trading-in-india |
FDI up to 51 percent in entities undertaking Multiple Brand Retail Trading (MBRT) is allowed with the prior approval of the government subject to compliance of certain conditions. The FDI Policy does not define the term ‘multi brand’ |
|
| 257 |
 |
FDI In Single Brand Product Retail Trading in India |
fdi-in-single-brand-product-retail-trading-in-india |
FDI Policy allows FDI up to 100 percent in entities involved in Single Brand Retail Trading (SBRT) business without any government approval subject to certain conditions. Some of the key conditions are (a) the FDI Investee entities should e |
|
| 258 |
 |
FDI in Food Retail in India |
fdi-in-food-retail-in-india |
Opening of the retail sector to FDI in India is a welcome step, the article discusses some of the key changes pertaining to revised FDI policy.
The Indian retail sector has tremendously grown over the last decade with a significant shift towards o |
|
| 259 |
 |
One Sided Clause and Unfair Trade Practice |
one-sided-clause-and-unfair-trade-practice |
The Apex court in a consumer empowering judgment (Pioneer Urban Land & Infrastructure Ltd v Govindan Raghavan) has held that incorporation of one-sided clauses in an agreement between builders and flat purchasers constitutes an unfair trade pract |
|
| 260 |
 |
Key Considerations in Founders’Agreement |
key-considerations-in-founders-agreement |
A founders’ agreement (“Agreement”) is contract that is executed between all the co-founders of a company. The Agreement sets forth the ownership, rights, responsibilities, dispute resolution and other terms to be executed between |
|
| 261 |
 |
Copyright Laws in India –Frequently Asked Questions |
copyright-laws-in-india-frequently-asked-questions |
Legislation and regulation
What are the main sources of copyright law?
The Copyright Act 1957 (the Act), supported by the Copyright Rules 1958 (the Rules), is the governing law for copyright protection in India. Substantial amendments were carr |
|
| 262 |
 |
Enforcement of Foreign Awards against Indian Companies in an International ICC Arbitration |
enforcement-of-foreign-awards-against-indian-companies-in-an-international-icc-arbitration |
Introduction
An international commercial arbitration which is governed under the arbitration regime of International Chamber of Commerce (‘ICC’) can either be seated in India or be seated in a foreign country. While the enforcement and e |
|
| 263 |
 |
Discretion to Levy Penalty in Construction Contract Must Have Relation to Ground Realities |
discretion-to-levy-penalty-in-construction-contract-must-have-relation-to-ground-realities |
The litigation team of Singhania & Partners LLP (Bengaluru) comprising of Ms. Shilpa Shah (Senior Partner) & Ms. Madhu Murthy G.K (Senior Associate) have successfully obtained an award in favour of their client Punj Lloyd- Sembawang |
|
| 264 |
 |
Company Law in India-Frequently Asked Questions |
company-law-in-india-frequently-asked-questions |
1. What is the general situation for foreign companies in your jurisdiction? (For example, common presence, difficulty to setup, restrictive system, open and welcoming jurisdiction)
Foreign companies generally enter into India by way of liaison offi |
|
| 265 |
 |
Blacklisting and Debarment of Contractors in Public Procurement |
blacklisting-and-debarment-of-contractors-in-public-procurement |
The decision to enter into a contractual relationship is inherent in every person capable of entering into a contract. Where a person has the right to make a contract, it also has a concomitant right not to make a contract. The Government’s rig |
|
| 266 |
 |
Mergers & Acquisition Laws in India-Frequently Asked Questions |
mergers-acquisition-laws-in-india-frequently-asked-questions |
1. What are the key laws and regulations that govern mergers and acquisitions in your jurisdiction?
Mergers and acquisitions in India are governed by the following main legislation:
a. The Companies Act 2013
b. The Competition Act 2002
c. The For |
|
| 267 |
 |
Judicial Interpretation of 2015 Amendments to Indian Arbitration & Conciliation Act |
judicial-interpretation-of-2015-amendments-to-indian-arbitration-conciliation-act |
2015 amendment to Arbitration & Conciliation Act (“Act”) brought about serious overhaul to the justice delivery system through arbitration. Indian Courts have interpreted the amendments in the same spirit and have brought about c |
|
| 268 |
 |
Declaration by Significant Beneficial Owner Under the Companies Act, 2013 – Pitfalls for Corporate Shareholders |
declaration-by-significant-beneficial-owner-under-the-companies-act-2013-pitfalls-for-corporate-shareholders |
Ministry of Corporate Affairs (“MCA”) has recently notified certain provisions relating to disclosure of significant beneficial owner in the Companies Act, 2013 (“Act”) through Companies (Amendment) Act, 2017 and simultaneousl |
|
| 269 |
 |
Funding of Indian Subsidiaries |
funding-of-indian-subsidiaries |
Liberalisation in India has resulted in significant inbound foreign investment. As Indian operations of foreign businesses grow, foreign shareholders grapple with the best ways to finance these operations and repatriate some of the profits – pa |
|
| 270 |
 |
Foreign Investment in Retail in India – Restrictions and Way Around |
foreign-investment-in-retail-in-india-restrictions-and-way-around |
Foreign Direct Investment (FDI) Policy of India permits foreign investment in India either under ‘automatic route’ or ‘approval route’. Under the ‘approval route’ prior approval of the Government of India is requir |
|
| 271 |
 |
Venture Capital Funding in India |
venture-capital-funding-in-india |
Venture Capital Fund
Venture Capital Fund (VCF) is a privately pooled investment vehicle. It can be established or incorporated in the form of a trust, a company, a limited liability partnership, or a body corporate which collects funds from investo |
|
| 272 |
 |
Arbitration Law in India for Foreign Seated Arbitrations |
arbitration-law-in-india-for-foreign-seated-arbitrations |
ARBITRATION LAW IN INDIA FOR FOREIGN SEATED ARBITRATIONS
It was in Bhatia International Vs. Bulk Trading S.A. judgment that the Indian Supreme Court laid down the principle that courts in India would have a right to provide interim relief in fo |
|
| 273 |
 |
Shyam Sunder Agarwal vs. P. Narotham Rao and ORS. (23.07.2018 – SC): MANU/SC/0781/2018 |
shyam-sunder-agarwal-vs-p-narotham-rao-and-ors-23-07-2018-sc-manu-sc-0781-2018 |
In a recent judgment, the Apex Court examined whether a Clause appearing in MOU was arbitration agreement. The relevant Clause of MOU, Clause 12, read as under:
“Clause 12: It is further agreed that any decision to be taken by said Medi |
|
| 274 |
 |
Founders Agreement 101 |
founders-agreement-101 |
A founders’ agreement (“Agreement”) is contract that is executed between all the co-founders of a company. The Agreement sets forth the ownership, rights, responsibilities, dispute resolution and other terms to be executed between t |
|
| 275 |
 |
Legislative Control of online Pharmacies |
legislative-control-of-online-pharmacies |
Newspapers and the Electronic Media carry daily advertisements of online pharmacies inducing the reader to purchase medicines by uploading the doctor’s prescriptions. While this certainly saves time, most users of these online pharmacies may be |
|
| 276 |
 |
Breaking Down ‘Prabhat Steel Traders Pvt. Ltd V Excel Metal Processors Pvt. Ltd’ |
breaking-down-prabhat-steel-traders-pvt-ltd-v-excel-metal-processors-pvt-ltd- |
“A person having vital interest in the subject matter of arbitration agreement cannot be asked to watch proceedings from the fence and leave the arena for the parties to the arbitration agreement to cut swords, when the victim of the outcome of |
|
| 277 |
 |
No Escape from RERA by Structuring Sale through Lease |
no-escape-from-rera-by-structuring-sale-through-lease |
Agreement to lease Promoter includes Lessor Bombay High Court Order
Real Estate developers have been trying to avoid the applicability of Real Estate Regulatory Act (RERA) on their projects and transaction. One of the more common practice followed |
|
| 278 |
 |
The Terms of an Arbitration Agreement cannot be Superseded by Oral Agreement |
the-terms-of-an-arbitration-agreement-cannot-be-superseded-by-oral-agreement |
The Delhi High Court in its recent judgment has reemphasized the supremacy of a written arbitration agreement and the terms contained therein, over any other understanding the parties may come to, orally.
Justice Prathiba M. Singh while dealing wi |
|
| 279 |
 |
Redefine Intellectual Property with Artificial Intelligence |
redefine-intellectual-property-with-artificial-intelligence |
Introduction
We have come a long way since 1955 when John McCarthy, winner of the Turing Prize in 1971 defined Artificial Intelligence (AI) as “Making a machine behaves in ways that would be called intelligent if human were so behaving&rdquo |
|
| 280 |
 |
Exit Option for a Solvent Company – Voluntary Liquidation |
exit-option-for-a-solvent-company-voluntary-liquidation |
The provisions relating to voluntary liquidation of a company were earlier covered under the Companies Act, 2013. After the notification of Insolvency and Bankruptcy Code, 2016 (“IBC”) the voluntary liquidation of a company is now governe |
|
| 281 |
 |
Levy of Liquidated Damages by Government Authority cannot be Arbitrary |
levy-of-liquidated-damages-by-government-authority-cannot-be-arbitrary |
The litigation team of Singhania & Partners LLP (Bangalore) comprising of Ms. Shilpa Shah (Senior Partner) & Ms. Madhu Murthy G.K (Senior Associate) have successfully obtained two favourable awards in favour of their client Punj Llo |
|
| 282 |
 |
RBI Mandates Online Filing Of FDI Related Forms - ARF, FCGPR And FCTRS |
rbi-mandates-online-filing-of-fdi-related-forms---arf-fcgpr-and-fctrs |
Reserve Bank of India (RBI) vide its Circular No. 77 dated February 12, 2015 initiated online filing of (i) Advance Remittance Form (ARF) used by the companies to report the Foreign Direct Investment (FDI) inflows to RBI and (ii) Foreign Currency Gro |
|
| 283 |
 |
Status of Statutory Dues Under IBC – Operational or Financial Creditors – Who Decides? |
status-of-statutory-dues-under-ibc-operational-or-financial-creditors-who-decides- |
In the Insolvency Resolution Process for Corporate Persons, an issue is generally discussed as to the status of statutory dues payable by the Corporate Person – whether the same will qualify as a financial debt or operational debt. To understan |
|
| 284 |
 |
“Nandini” Versus “Nandhini” – ‘Not’ Deceptively Similar Trademarks |
-nandini-versus-nandhini-not-deceptively-similar-trademarks |
The use of deceptively similar trademarks was allowable for goods or services falling under different classes and it never became a major issue of concern. For instance, the trademark MARUTI for cars also exists for tissue papers, hosiery p |
|
| 285 |
 |
Tender participation mandatory in RORF |
tender-participation-mandatory-in-rorf |
The Litigation team of Singhania & Partners LLP, comprising of Mr. Ravi Singhania, (Managing Partner), Ms. Madhu Sweta (Partner) and Ms. Kanika Tandon (Associate) have successfully obtained a favorable judgment in favour |
|
| 286 |
 |
LOUBOUTIN’S RED SOLE – AN OVERVIEW OF SINGLE-COLOUR TRADEMARKS |
louboutin-s-red-sole-an-overview-of-single-colour-trademarks |
ECJ Judgment
On June 12, 2018, the European Court of Justice produced in the case Christian Louboutin SAS v. Van Haren Schoenen BV, a radical judgment that could pave the way for setting up a much stronger IP regime; one that could go a long way i |
|
| 287 |
 |
The “Appropriate Courts” in Foreign Seated Arbitration: An Indian Perspective |
the-appropriate-courts-in-foreign-seated-arbitration-an-indian-perspective |
Arbitration has slowly gained ground as the most preferred mode of dispute resolution with a high focus on speedy dispute resolution, preference to party autonomy and minimal intervention of Courts. Although the law related to domestic arbitration is |
|
| 288 |
 |
Forex Management in Cross-Border Mergers |
forex-management-in-cross-border-mergers |
The Indian companies law currently allows Indian companies to merge with foreign companies and vica- versa (Cross Border Mergers/Merger). Further, on March 20th, 2018, the government notified the Foreign Exchange Management (Cross Border Merger) Regu |
|
| 289 |
 |
International Commercial Arbitration between India and United States of America |
international-commercial-arbitration-between-india-and-united-states-of-america |
Introduction
The importance of transnational commercial arbitration has been recognized the world over. The aim is to achieve the sole objective of resolving the dispute timely and efficiently with minimum intervention of a Court of Law so that th |
|
| 290 |
 |
Condonation of Delay Scheme, 2018 |
condonation-of-delay-scheme-2018 |
A large number of companies had been non-compliant with regard to filing of financial statements and annual return under the Companies Act 1956 and/or Companies Act, 2013. The said default would result in disqualification for the appointment of new d |
|
| 291 |
 |
Foreign Direct Investment in Limited Liability Partnership |
foreign-direct-investment-in-limited-liability-partnership |
Limited Liability Partnership (“LLP”) is a hybrid entity with advantage of a company and operational flexibility of a partnership. The concept was introduced by the Ministry of Corporate Affairs through Limited Liability Partnership Act |
|
| 292 |
 |
FDI In Retail Trading In India |
fdi-in-retail-trading-in-india |
The Indian retail sector has tremendously grown over the last decade with a significant shift towards organised retailing format. India’s retail market contributes to over 10 percent of the country’s Gross Domestic Product (GDP). The shar |
|
| 293 |
 |
Supreme Court’s Take on the Fate of Automatic Stay Granted to Section 34 Petitions Post the Amendment Act |
supreme-court-s-take-on-the-fate-of-automatic-stay-granted-to-section-34-petitions-post-the-amendment-act |
The controversy pertaining to the amended provisions of Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015 (“The Amendment Act”) has finally seen the dawn of the day, settling the existing ambiguity with regard |
|
| 294 |
 |
International Commercial Arbitration for parties in India and UK |
international-commercial-arbitration-for-parties-in-india-and-uk |
(This article is co-authored by International Commercial Arbitration lawyers of Singhania & Partners LLP, India and Reynolds Porter Chamberlain, UK)
International Commercial Arbitration for parties in India and UK
(This article is |
|
| 295 |
 |
International Commercial Arbitrations between China and India |
international-commercial-arbitrations-between-china-and-india |
(This article is co-authored by International Commercial Arbitration lawyers of Singhania & Partners LLP, India and ZhongLun Law Firm, China).
The present article focuses on International Commercial Arbitrations between Indian and ov |
|
| 296 |
 |
International Commercial Arbitrations between Singapore and India |
international-commercial-arbitrations-between-singapore-and-india |
(This article is co-authored by International Commercial Arbitration lawyers of Singhania & Partners LLP, India and Kelvin Chia Partnership, Singapore).
The present article focuses on International Commercial Arbitrations between Ind |
|
| 297 |
 |
Advantages of a Swiss Seat of Arbitration for International Commercial Disputes Involving Indian Parties |
advantages-of-a-swiss-seat-of-arbitration-for-international-commercial-disputes-involving-indian-parties |
(This article is co-authored by International Commercial Arbitration lawyers of Singhania & Partners LLP, India and LALIVE, Switzerland)
Meet the authors
Ravi Singhania
Managing Partner
DOMITILLE BAIZEAU
Partn |
|
| 298 |
 |
International Commercial Arbitrations between Canada and India |
international-commercial-arbitrations-between-canada-and-india |
(This article is co-authored by International Commercial Arbitration lawyers of Singhania & Partners LLP, India and Lapointe Rosenstein Marchand Melançon., L.L.P, Canada)
Meet the authors
Ravi Singhania
Managing Pa |
|
| 299 |
 |
Balco Returns: Implied Exclusion of Part 1 of the Arbitration & Conciliation Act, 1996 |
balco-returns-implied-exclusion-of-part-1-of-the-arbitration-conciliation-act-1996 |
Sometime in 2005, a Civil Appeal by the name of Bharat Aluminium Company v. Kaiser Aluminium Technical Services[1] lay before the Apex Court for consideration. On 16th of January, 2007, Justice Markandey Katju who was part of the bench hearing the ap |
|
| 300 |
 |
Interim Award on Admitted Liability in Arbitration Proceedings |
interim-award-on-admitted-liability-in-arbitration-proceedings |
The arbitration law in India permits the passing of an interim award by the Arbitral Tribunal vide section 31(6) of the Arbitration and Conciliation Act, 1996 (Hereinafter called the Act) on any matter with respect to which it may make a final award. |
|
| 301 |
 |
Whether the Bar of Jurisdiction under section 42 applies to an application filed under section 11 after the Arbitration & Conciliation (Amendment) Act, 2015? |
whether-the-bar-of-jurisdiction-under-section-42-applies-to-an-application-filed-under-section-11-after-the-arbitration-conciliation-amendment-act-2015- |
By way of the Arbitration & Conciliation (Amendment) Act, 2015 (herein after referred to as the Amendment Act), inter alia, a significant change that has been brought about in Section 11 of the Arbitration & Conciliation Act, 1996 (Hereinafte |
|
| 302 |
 |
Evidence, Appeals and Judgment |
evidence-appeals-and-judgment |
EVIDENCE
Evidence is defined under Section 3 of Indian Evidence Act, 1872 as oral statements made by the witnesses and documents produced into the court.
Procedure under law-
According to the Code of Civil Procedure, 1908, the parties state |
|
| 303 |
 |
Awards and Remedies in Civil Suits |
awards-and-remedies-in-civil-suits |
DAMAGES
The term damages may be defined as the monetary compensation which is payable by the defaulting party to the aggrieved party for the loss suffered by him. It can be granted by the Civil Courts as well as by Arbitral Tribunals where parties a |
|
| 304 |
 |
Pre-Trial, Disclosures and other Applicable Rules |
pre-trial-disclosures-and-other-applicable-rules |
PRE-TRIAL CONDUCT
In pre-trial hearing parties to the dispute and their lawyers hold a pre-schedule meeting before the trial begins in the presence of judge, or a magistrate or a judicial officer who possesses fewer judicial powers than a judge.
|
|
| 305 |
 |
The Arbitration and Conciliation (Amendment) Ordinance, 2015: Impact on Law Laid Down in Balco |
the-arbitration-and-conciliation-amendment-ordinance-2015-impact-on-law-laid-down-in-balco |
In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted litigation. However, in India, the Arbitration and Conciliation Act, 1996 was failing to serve |
|
| 306 |
 |
Highlights of Amendment to the Arbitration and Conciliation Act 1996 Via Arbitration Ordinance 2015 |
highlights-of-amendment-to-the-arbitration-and-conciliation-act-1996-via-arbitration-ordinance-2015 |
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament. The Union Cabinet chaired by the Prime Minister, had given its approval for |
|
| 307 |
 |
Key Provisions of International Arbitration Institutions |
key-provisions-of-international-arbitration-institutions |
This is a ready reference of important provisions for some of the popular institutional arbitrations opted by parties around the world. Specifically important provisions of the following institutional arbitrations have been extracted:-
London C |
|
| 308 |
 |
Key Provisions of London Court of International Arbitration (LCIA) |
key-provisions-of-london-court-of-international-arbitration-lcia- |
This is a ready reference for certain important provisions of London Court of International Arbitration (LCIA) opted by parties.
Article 1 Request for Arbitration
1.1 Any party wishing to commence an |
|
| 309 |
 |
General Provisions Common to Most Institutional Arbitrations |
general-provisions-common-to-most-institutional-arbitrations |
This is a ready reference for certain important provisions common to most Institutional Arbitrations.
A. Request for Arbitration
Generally in different international institutions administering arbitrations, the rules re |
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| 310 |
 |
Key Provisions of ICC International Court of Arbitration |
key-provisions-of-icc-international-court-of-arbitration |
This is a ready reference for certain important provisions of ICC International Court of Arbitration opted by parties.
Article 1: International Court of Arbitration
The International Court of Arbitration (the “Court”) of t |
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| 311 |
 |
Key Provisions of Singapore International Arbitration Centre (SIAC) |
key-provisions-of-singapore-international-arbitration-centre-siac- |
This is a ready reference for certain important provisions of Singapore International Arbitration Centre (SIAC)
Rule 1: Scope of Application and Interpretation
1.1 Where the parties have agreed to refer their disputes t |
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| 312 |
 |
Key Provisions of Hong Kong International Arbitration Centre (HKIAC) |
key-provisions-of-hong-kong-international-arbitration-centre-hkiac- |
This is a ready reference for certain important provisions of Hong Kong International Arbitration Centre (HKIAC) opted by parties.
SECTION I. GENERAL RULES
Article 1 – Scope of Application
1.1 These Rules shall govern arbitrations wher |
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| 313 |
 |
Laws for Owning Drones and Gyroplanes in Pipeline in India |
laws-for-owning-drones-and-gyroplanes-in-pipeline-in-india |
Drones are unmanned aircraft that can fly autonomously without a human in control. The flight (speed, navigation, aerobatics, etc.) are controlled by onboard computers which are in turn directed by remote human operators.
Gyroplanes are aircrafts, |
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| 314 |
 |
Termination- Easy to Conceive, Difficult to Execute |
termination--easy-to-conceive-difficult-to-execute |
Recently, the Indian courts have adopted a trend to accepting terminations simpliciter if they are as per the terms contained in the contract and the termination is non-stigmatic. There is a greater acceptance of terminations in case it is for non-pe |
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| 315 |
 |
Government Appointed Arbitrator: Law of Bias |
government-appointed-arbitrator-law-of-bias |
It has been a common norm that Government while contracting resorts to arbitration agreements wherein Government nominated persons are majorly given the role to adjudicate as arbitrators. Inclusion of such arbitrators has been looked with an apprehen |
|
| 316 |
 |
Supreme Court Strikes Down Product Approval by FSSAI |
supreme-court-strikes-down-product-approval-by-fssai |
The Supreme Court has dismissed the special leave petition filed by Food Safety Standard Authority of India (FSSAI) against the order dated June 30, 2014 passed by the Hon’ble High Court of Bombay in the writ petition filed by the Vital Nutrace |
|
| 317 |
 |
An Indian outline on Database Protection |
an-indian-outline-on-database-protection |
One Business Processing Outsourcing company of India was in the eye of storm when one of its employees sold confidential financial information relating to customers of few British banks to an undercover reporter from the British tabloid ‘The Su |
|
| 318 |
 |
Proposed Amendments in Indian Trademark Laws |
proposed-amendments-in-indian-trademark-laws- |
Draft of the Trademark (Amendment) Rules, 2015 proposing amendment to Trade Marks Rules, 2002 has been issued by Ministry of Commerce and Industry on November 19, 2015 and has invited comments from the public and stakeholders within a period of 30 da |
|
| 319 |
 |
Section 8 of the Arbitration and Conciliation Act. 1996 : A Saving Beacon |
section-8-of-the-arbitration-and-conciliation-act-1996-a-saving-beacon- |
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further t |
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| 320 |
|
ECB Revised Framework 2015 – Simplification for General Corporate Purposes |
ecb-revised-framework-2015-simplification-for-general-corporate-purposes |
Introduction
External Commercial Borrowings, more commonly referred to as ECB, includes bank loans, buyers’ credit, suppliers’ credit, foreign currency convertible bonds, financial lease, foreign currency exchangeable bonds and securit |
|
| 321 |
 |
Unjust Enrichment in India - An Introspection |
unjust-enrichment-in-india-an-introspection |
Unjust enrichment has been defined as: “A benefit obtained from another, not intended as a gift and not legally justifiable, for which the beneficiary must make restitution or recompense.” A claim for unjust enrichment arises where there |
|
| 322 |
 |
The Patent (Amendment) Rules 2016 |
the-patent-amendment-rules-2016 |
Draft Patent (Amendment) Rules, 2015 proposing amendment to the Patent Rules, 2003, was issued by Ministry of Commerce and Industry on October 26, 2015 and has invited comments from the public.
The Government of India has now published Patent (Ame |
|
| 323 |
 |
Registration of Design: A Strategic Business Tool |
registration-of-design-a-strategic-business-tool |
“Beauty is a good letter of introduction” – this famous Portuguese proverb sounds very significant in today’s glam hungry world. Globalization and liberalization have flooded the Indian Market with a large variety of products |
|
| 324 |
 |
Domain Name Squatting in India |
domain-name-squatting-in-india |
A domain name is a string of typographic characters used to describe the location of a specific location online. Formally known as the Uniform Resource Locator or URL, it is often considered to be the address of a certain website. A domain name is a |
|
| 325 |
 |
Standard Essential Patents |
standard-essential-patents |
Introduction
Recent wars between the smartphone giants over the patent issues have brought into focus the importance of Standard Essential Patents (SEPs). SEPs are patents essential to implement a specific industry standard. This implies that to m |
|
| 326 |
 |
Revised FDI Policy of India |
revised-fdi-policy-of-india |
The Government of India has bought out revised Foreign Direct Investment (FDI) Policy. Set out below is a snapshot of the recent liberalizations brought in the FDI Policy governing different sectors in India.
The policy prescribes the foreign inve |
|
| 327 |
 |
Blacklisting of Contractors by the Government and Public Sector Undertakings |
blacklisting-of-contractors-by-the-government-and-public-sector-undertakings |
A contractual relationship necessarily implies consensus of two minds, and a private citizen is free to contract, with any person of his choice. This right by definition is inherent in every person capable of entering into a contract and where a pers |
|
| 328 |
 |
Contributions made by Employer toward Social Security Funds are not a Taxable Perquisite |
contributions-made-by-employer-toward-social-security-funds-are-not-a-taxable-perquisite |
The Hon’ble High Court of Delhi recently decided the issue of taxability of social security, pension and medical contributions made by the employer company on behalf of the employee. The issue was decided disposing of a series of connected appe |
|
| 329 |
 |
No Copyright Protection for Title of Literary Work |
no-copyright-protection-for-title-of-literary-work |
The Supreme Court in a landmark judgement in the matter of Krishika Lulla & others Vs Shyam Vithalrao Devkatta held that no copyright subsists in the title of a literary work and no such relief is available except in an action for passing off or |
|
| 330 |
 |
The Fate of Automatic Stay on Section 34 Petitions Filed Post Amendment |
the-fate-of-automatic-stay-on-section-34-petitions-filed-post-amendment |
INTRODUCTION
The Division bench[1] of the Delhi High Court (“HC”) in a batch of Petitions titled, “Ardee Infrastructure Pvt. Ltd. v. Ms. Anuradha Bhatia & Ardee Infrastructure Pvt. Ltd. v. Yashpal & Sons”[2] augment |
|
| 331 |
 |
Investment opportunities special economic zones in India |
investment-opportunities-special-economic-zones-in-india |
The Export Processing Zone (EPZ) Policy implemented in 1965 during the ‘Import Substitution Industrialization’ (ISI) period included multiplicity of controls and clearances, absence of good infrastructure and unstable fiscal regime which |
|
| 332 |
 |
WELL-KNOWN TRADEMARKS – INDIA PERSPECTIVE |
well-known-trademarks-india-perspective |
Till the present day, there are 81 declared well-known trademarks in the list maintained by the Trademark Registry in India. By the introduction of one step procedure for determining a trademark as well-known, the list is expected to increase v |
|
| 333 |
 |
Investment Arbitration – The assignation & its way ahead in India |
investment-arbitration-the-assignation-its-way-ahead-in-india |
India has given notice of unilateral termination of 58 Bilateral Investment Treaties (BIT) on 31st March 2017 and it is in process of signing some crucial BITs, such as the US-India BIT. All of this in conjunction with India’s ai |
|
| 334 |
 |
The Companies (Amendment) Bill, 2016 – Key Features |
the-companies-amendment-bill-2016-key-features |
With a focus to ease doing business in India, the Government of India through this Bill addresses inconsistencies and procedural restrictions in the present Companies Act, 2013. Considering the changes the Bill propose to bring about, it can be clear |
|
| 335 |
 |
Removal of Arbitrator |
removal-of-arbitrator |
Section 12(3) of the Arbitration and Conciliation (Amendment) Act, 2015 states the circumstances in which an arbitrator may be challenged. These include circumstances that give rise to justifiable doubts as to his independence or impartiality or he d |
|
| 336 |
 |
Indian Civil Courts System |
indian-civil-courts-system |
The framework of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it. There are various levels of judiciary in India—different types of courts, each with varying powers depen |
|
| 337 |
 |
Determining Jurisdiction in India |
determining-jurisdiction-in-india |
In simple words jurisdiction can be defined as the limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals and other proceedings. The rationale behind introducing the concept of jurisdic |
|
| 338 |
 |
Arbitration Organisations in India |
arbitration-organisations-in-india |
In India, arbitration proceedings are of two types: ad-hoc arbitration and institutional arbitration. The parties have the option to seek recourse to either of them depending on their choice and convenience.
Ad-hoc arbitration: It refers to a |
|
| 339 |
 |
Fifth Schedule Section 12(5) - Grounds for removal of Arbitrator |
fifth-schedule-section-12-5---grounds-for-removal-of-arbitrator |
The following grounds give rise to justifiable doubts as to the independence or impartiality of arbitrators:
Arbitrator’s relationship with the parties or counsel
1. The arbitrator is an employee, consultant, advisor or has any other past |
|
| 340 |
 |
The Seventh Schedule [Section 12(5)]: Grounds for Removal of Arbitrator |
the-seventh-schedule-section-12-5-grounds-for-removal-of-arbitrator |
Arbitrator’s relationship with the parties or counsel
1. The arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party
2. The arbitrator currently represents or advises one of the p |
|
| 341 |
 |
RERA, 2016 - A Game Changer? |
rera-2016---a-game-changer- |
What was the need for a new Act?
The Real Estate and Housing sector was, until very recently, in a state of flux. Essentially, in view of the lack of a specialised legislation taking care of the practices of the real estate sector in India, this i |
|
| 342 |
 |
Selection and Appointment of Arbitrators in India |
selection-and-appointment-of-arbitrators-in-india |
The Arbitration and Conciliation (Amendment) Act, 2015 grants the liberty to the parties to appoint an arbitrator mutually.
The Act provides that the parties are free to determine the number of arbitrators, provided that such number shall not be a |
|
| 343 |
 |
Indian Government’s Move to Encourage Private Participation in Infrastructure |
indian-government-s-move-to-encourage-private-participation-in-infrastructure |
According to various studies undertaken on the infrastructure sector in India, in many cases where the award is made against government bodies, the government sector would inevitably challenge the award, and the private player would inevitably have t |
|
| 344 |
 |
Rights of Person with Disabilities Act, 2016 In India |
rights-of-person-with-disabilities-act-2016-in-india |
The Government of India has notified the Rights of Person with Disabilities Act, 2016 (“New Act”) to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental |
|
| 345 |
 |
Child Labour (Prohibition and Regulation) Amendment Act, 2016 of India |
child-labour-prohibition-and-regulation-amendment-act-2016-of-india |
The central legislature of India had promulgated a legislation Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (“CL Act”) to regulate the child labour practices in India. The central legislature has made substantial cha |
|
| 346 |
 |
The Trademark Rules, 2017 |
the-trademark-rules-2017 |
Draft of the Trademark (Amendment) Rules, 2015 proposing amendment to Trade Marks Rules, 2002 was issued by Ministry of Commerce and Industry on November 19, 2015 and has finally come into force as of March 6, 2017 as the Trade Marks Rules, 2017 (&ld |
|
| 347 |
 |
Major Components Covered Under TM-M |
major-components-covered-under-tm-m |
Draft of the Trademark (Amendment) Rules, 2015 proposing amendment to Trade Marks Rules, 2002 was issued by Ministry of Commerce and Industry on November 19, 2015 and came into force on March 6, 2017. These amended rules may be called as “The T |
|
| 348 |
 |
Highlights: The Arbitration & Conciliation (Amendment) Bill, 2018 |
highlights-the-arbitration-conciliation-amendment-bill-2018 |
INTRODUCTION
The journey towards India becoming a desirable hub for International commercial arbitration has been and continues to be a long and arduous done. Arbitration in India has been riddled with issues including excessive cost, protracted p |
|
| 349 |
 |
The Recovery of Debts due to Banks and Financial Institutions Act, 1993 has precedence over the Companies Act, 1956 |
the-recovery-of-debts-due-to-banks-and-financial-institutions-act-1993-has-precedence-over-the-companies-act-1956 |
The essence of the judgment in the case of Civil Appeal No. 2511 of 2013, arising out of Special Leave Petition (C) no. 35627 of 2011, between the Official Liquidator, U.P and Uttarakhand vs. Allahabad Bank and others (reported in 2013 4 SCC 381) is |
|
| 350 |
 |
Interim Relief to Foreign Seated Arbitrations in India |
interim-relief-to-foreign-seated-arbitrations-in-india |
The recent amendments (Amendment Act 2015) brought to the Arbitration and Conciliation Act 1996 (1996 Act) have brought about significant changes to the arbitration law in India with an objective to achieve speedy, efficient and effective dispute red |
|
| 351 |
 |
Liquidated Damages – A Chimera without Proven Loss |
liquidated-damages-a-chimera-without-proven-loss |
The present article aims at discussing various issues that invariably arise concerning a provision/term in the contract on ‘Liquidated Damages’ (“LD”). The first and foremost being ‘if the whole of the LD provided in the |
|
| 352 |
 |
Choice of Seat of Arbitration Akin to Exclusive Jurisdiction Clause-Pre Balco Arbitrations |
choice-of-seat-of-arbitration-akin-to-exclusive-jurisdiction-clause-pre-balco-arbitrations |
The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and again come up before the Supreme Co |
|
| 353 |
 |
Enforcement of Foreign Award-Affirmation by Court is not a Condition Precedent |
enforcement-of-foreign-award-affirmation-by-court-is-not-a-condition-precedent |
The Hon’ble Supreme Court in a recent judgment titled Escorts Limited Vs. Universal Tractor Holding LLC upheld the decision of a Single Judge of the Delhi High Court that the principle of ‘double exequatur’ (meaning double recogniti |
|
| 354 |
 |
The Real Estate (Regulation & Development) Act, 2016 – An Overview |
the-real-estate-regulation-development-act-2016-an-overview |
Introduction:
Over the past few decades, the demand for housing has increased manifold. Despite Government’s efforts through various schemes, it has not been able to cope up with the increasing demand. Taking advantage of the situation, vari |
|
| 355 |
 |
Labour Law Primer for Multinational Companies in India |
labour-law-primer-for-multinational-companies-in-india |
With increasing trade relations between India and the World, cross-border movement of employees from and out of India has increased quite considerably. In India, employees enjoy the protection of diverse laws and regulations.
The business model of |
|
| 356 |
 |
India: Arbitration & Conciliation (Amendment) Act, 2015: Whether Applicable to Court Proceedings Arising out of Pre-Existing Arbitrations |
india-arbitration-conciliation-amendment-act-2015-whether-applicable-to-court-proceedings-arising-out-of-pre-existing-arbitrations |
The Arbitration & Conciliation (Amendment) Act, 2015 (hereinafter known as “Amended Act“) has come into force w.e.f. 23.10.2015 whereby various amendments have been introduced in the Arbitration and Conciliation Act, 1996 (hereinafter |
|
| 357 |
 |
Indian Copyright Law |
indian-copyright-law |
LEGISLATION AND REGULATION
What are the main sources of copyright law?
The Copyright Act, 1957 (the “Act”), supported by the Copyright Rules, 1958 (the “Rules”), is the governing law for copyright protection in India. Subs |
|
| 358 |
 |
Legal Due Diligence in Real Estate Transactions |
legal-due-diligence-in-real-estate-transactions |
Introduction
Legal Due Diligence in a real estate transaction is an investigation of real estate property records and anything else deemed relevant to the sale, purchase, lease or mortgage of the property. In other words, it refers to the reasonab |
|
| 359 |
 |
Comments on Indian GST Reform 2016 |
comments-on-indian-gst-reform-2016 |
Undoubtedly the passing of the GST Constitutional Amendment Bill by Rajya Sabha is a landmark in the annals of India’s fiscal reform after independence. It is bigger than the tax reform by Raja Chelliah and Manmohan Singh, and the introducti |
|
| 360 |
 |
Validity of Invocation of Bank Guarantee to be Judged on Facts Of Each Case: Supreme Court |
validity-of-invocation-of-bank-guarantee-to-be-judged-on-facts-of-each-case-supreme-court |
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements. While the general view of the courts in India has been that invocation of bank guarantee should genera |
|
| 361 |
 |
Indian Aviation Laws Update 2017 |
indian-aviation-laws-update-2017 |
I INTRODUCTION
The Indian civil aviation industry is a promising sector owing to increased demand from upper midde-class, higher disposable incomes, favourable demographics and rapid economic growth. It has the prospect of becoming the third-large |
|
| 362 |
 |
Enforcement of Foreign Awards in India |
enforcement-of-foreign-awards-in-india |
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Enforcement under the New |
|
| 363 |
 |
Acquisition Transactions and the Limits of Labour Laws in India |
acquisition-transactions-and-the-limits-of-labour-laws-in-india |
Global investors with aggressive expansion plans often acquire businesses in the host country or buy out units of existing entities which fit in with their strategic ambitions. Such cross border transactions are being increasingly undertaken in India |
|
| 364 |
 |
Procedure of Transfer of Immovable Property |
procedure-of-transfer-of-immovable-property |
Transfer of property is an act of conveying property from one person to another, in present or future. According to section 8 of the Transfer of Property Act 1882 (The Act), by transferring property, transferor transfers all rights in a property. The |
|
| 365 |
 |
The National Judicial Appointment Commission – A Critique |
the-national-judicial-appointment-commission-a-critique |
The National Judicial Appointments Commission Act, 2014 (“NJAC Act”) has been notified in the official gazette on the 13th of April, 2014. The Judicial appointment mechanism provided for in these Acts has become a subject of controversy r |
|
| 366 |
 |
Suing a Foreign Entity in India |
suing-a-foreign-entity-in-india |
With the increase in significance and promotion of foreign investment in India and the setting up of various agencies for this very purpose, multifarious moves towards deregulation and liberalization of the Indian economy have come to the fore. The g |
|
| 367 |
 |
Service Tax Exemption for Buyers of Under Construction Properties |
service-tax-exemption-for-buyers-of-under-construction-properties |
The recent judgement delivered by the Delhi High Court on 03rd of June 2016 on the subject is trending in the Social Media. Major English and Hindi Dailies have even made this as a front page news declaring prominently that the home buyers of under c |
|
| 368 |
 |
Process of Service of Summons in India under the Hague Convention |
process-of-service-of-summons-in-india-under-the-hague-convention |
The Hague convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters1 was signed on 15 November 1965.
The present convention would get attracted where the service of summons are to be affected by a fore |
|
| 369 |
 |
Can Lawyers Issue Notices for Seizing of Assets under the Securitization Act? |
can-lawyers-issue-notices-for-seizing-of-assets-under-the-securitization-act- |
In a far reaching judgment in the case of Sampoorna Battu vs. ICICI Bank & Anr., a Division Bench of the Andhra Pradesh High Court has quashed a notice issued by a lawyer on behalf of a financial institution, for seizing assets of a defaulting lo |
|
| 370 |
 |
DCGI Cracks the whip to Prohibit 344 Drugs Constituting Fixed dose Combinations, Delhi High Court Stays Notifications Vis-À-Vis Pfizer’s Corex |
dcgi-cracks-the-whip-to-prohibit-344-drugs-constituting-fixed-dose-combinations-delhi-high-court-stays-notifications-vis---vis-pfizer-s-corex |
In an unprecedented move, the Ministry of Health and Family Welfare proceeded to prohibit “the manufacture for sale, sale and distribution for human use” of 344 (three hundred and forty four) drugs constituting fixed dose combinations, vi |
|
| 371 |
 |
Return of Walmart in India – A New Beginning in Retail |
return-of-walmart-in-india-a-new-beginning-in-retail |
States have been given the discretion to allow foreign investments in retail. Andhra Pradesh has taken the lead in allowing foreign investments by launching its retail trade policy.
The State contributes 8 per cent of the total retail market of 13 |
|
| 372 |
 |
Private Security Industry- Compliance with Labor Laws and PSARA V. Profitability? |
private-security-industry--compliance-with-labor-laws-and-psara-v-profitability- |
India is persistently exposed to formidable security challenges and there is an increasing threat from the rising crime rate and escalating terrorism. On the other hand, police-public ratio in India is 136.42 police personnel to protect every 1 lakh |
|
| 373 |
 |
Delhi HC Judgement Upholds Termination of Senior Executive for Sexual Harassment at Workplace |
delhi-hc-judgement-upholds-termination-of-senior-executive-for-sexual-harassment-at-workplace |
A recent judgement of the Delhi High Court comes as a major landmark in India in validating the order of termination of the employee’s services on the basis of the Internal Complaints Committee (ICC) of a company, upholding charges of Sexual Ha |
|
| 374 |
 |
Defence Manufacturing in India in Present Policy Framework |
defence-manufacturing-in-india-in-present-policy-framework- |
The Indian defence market presents an attractive and significant opportunity for Indian and foreign companies across the supply chain for the investment in the defence sector. As per FICCI-Centrum report, the market opportunity for private companies |
|
| 375 |
 |
Limitation of Time Under Section 34 of The Arbitration and Conciliation Act, 1996 |
limitation-of-time-under-section-34-of-the-arbitration-and-conciliation-act-1996 |
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “1996 Act”) stipulates grounds to challenge the arbitral award made under Section 31. However, the challenge to the award can only be made within lim |
|
| 376 |
 |
Mandatory Requirements for Retrenchment under Employment Laws in India |
mandatory-requirements-for-retrenchment-under-employment-laws-in-india- |
It is common for corporates to carry out termination of employees who do not meet their performance requirements, or are found wanting in their conduct or are incapable of working in teams. HR units often act in a rush thinking all they have to do is |
|
| 377 |
 |
Challenges for Aggrieved Women Employees and Internal Complaints Committee in Proceedings under Sexual Harassment Act- A Test of Legal Rigor |
challenges-for-aggrieved-women-employees-and-internal-complaints-committee-in-proceedings-under-sexual-harassment-act--a-test-of-legal-rigor |
They say nothing comes easy and there is a tag to everything. The same holds true for seeking the protection of the Sexual Harassment of Women at Workplace Act, 2013 (SHWA). There can be no two opinions that the legislations passed by the Parliament |
|
| 378 |
|
New E-waste Management rules, 2016 for Bulk Consumers |
new-e-waste-management-rules-2016-for-bulk-consumers |
The Ministry of Environment, Forest and Climate Change has notified the E-Waste (Management) Rules, 2016 (“Rules 2016”) in supersession of E-Waste (Management and Handling) Rules, 2011 (“Rules 2011”). These Rules 2016 will be |
|
| 379 |
 |
The Supreme Court Forges the Integrated tests Approach to Decide Employer-Employee relationship In Balwant Rai Saluja Vs. Air India Ltd. |
the-supreme-court-forges-the-integrated-tests-approach-to-decide-employer-employee-relationship-in-balwant-rai-saluja-vs-air-india-ltd- |
In a recent judgment, the Supreme Court of India was concerned with determination of the relevant factors which could be considered as relevant for ascertaining the question whether a relationship of employer and employee exists in a given case. In B |
|
| 380 |
|
Labour Law Reforms in India |
labour-law-reforms-in-india- |
India is witnessing rapid changes on the labour law front with the coming into power of the new Government since May 15th 2014. The State Government of Rajasthan has taken steps to initiate legislative changes in the law and the Union Cabinet has cle |
|
| 381 |
|
Rising Tide of Labour Law Reforms in India |
rising-tide-of-labour-law-reforms-in-india |
There is in India today a rising tide of expectancy that government, both federal and and state, are set to push through major initiatives for making changes in labour laws. There is a realisation that labour reforms have a key role to play in improv |
|
| 382 |
|
National Consumer Commission Grants Relief to RCI on the basis of Lack of Privity of Contract |
national-consumer-commission-grants-relief-to-rci-on-the-basis-of-lack-of-privity-of-contract- |
Resort Condominiums International, popularly known as RCI, was dragged in a legal battle by a consumer[1] which concluded with the National Commission’s verdict in May, 2014. Singhania & Partners successfully represented RCI at the National |
|
| 383 |
|
Time to Show Investors – India Means Business |
time-to-show-investors-india-means-business |
Economic Rationale of FDI
Foreign Direct Investment (FDI) to India has been regarded as an important component of capital flows to supplement investible resources, to access advanced technologies for importing production know-how and for promoting |
|