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Legal Developments - Law Firm Thought Leadership by AQUILAW

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Default Bail – An Introduction and Analysis

| June 14, 2023

A. Introduction Default bail, also known as statutory bail, is a species of bail which accrues as a right to an accused detained in custody, when the police fail to or are unable to complete the investigation and file the chargesheet within the time frame stipulated under the law.

Enforceability of Arbitration Clause in an Unstamped Agreement

| May 2, 2023

A. Background A five-judge bench of the Hon’ble Supreme Court in M/s. N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors., Civil Appeal No(s) 3802-3803 of 2020 recently settled a long-drawn debate regarding acting on unstamped arbitration agreements or agreements containing arbitration clause under the Arbitration and Conciliation Act, 1996 (“Act”).

Union Budget 2023-2024

AQUILAW | February 17, 2023

The Union Budget 2023-2024 comes when global uncertainties are rife. Barely had the pandemic receded, the war in Ukraine broke out in February 2022. Prices of food, fuel and fertiliser rose sharply. As inflation rates accelerated, central banks of advanced countries scrambled to respond with monetary policy tightening.

Confronting the Closet: An empathetic approach to Legal Recognition of Same-sex Marriages

AQUILAW | January 11, 2023

“The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation.” – Justice Sharon L. Kennedy (Chief Justice of the Hon’ble Supreme Court of Ohio)

Buying a resale flat? Don’t let the society rip you off on transfer charges

AQUILAW | December 9, 2022

The amount they can charge is capped in many cities; you can go legal to avoid payment or even recover your money paid under pressure.

Can a Share Purchase Agreement be specifically enforced?

AQUILAW | November 29, 2022

A Share Purchase agreement is an agreement entered into between parties for sale of shares of a company. The same contains clauses governing the purchase and sale of shares by the purchaser from the seller. The same contains several conditions precedents, i.e. pre-requisites which have to be fulfilled before the shares are transferred. Accordingly, it …

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THE HON’BLE SUPREME COURT’S RULING ON THE PREPONDERANCE OF THE COMMERCIAL WISDOM OF THE COMMITTEE OF CREDITORS IN WITHDRAWAL OF INSOLVENCY PROCEEDINGS.

AQUILAW | August 15, 2022

A. Setting the context The preamble of the Insolvency and Bankruptcy Code, 2016 (the “Code”) makes the objective of the Code clear and unambiguous, by seeking to achieve reorganisation and insolvency resolution of corporate persons, partnership firms and individuals for, maximization of value of assets, promoting entrepreneurship; greater availability of credit and; balancing the interests …

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INCLUSIVITY IN THE REALM OF THE CORPORATE: AN ESG PERSPECTIVE FROM THE LGBTQIA+ LENS

AQUILAW | July 6, 2022

A. Background In making sustainable investment decisions, a rational imperative is to comprehend the integration of environmental, social, and governance (ESG) factors into investment mechanisms and decision-making. The elements of ESG, which include, inter alia, the response of corporations to factors like climate change, corporate social responsibility initiatives, employee rights (including LGBTQIA+ rights), health and …

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THE TROUBLING ASPECT OF UNBRIDLED ACCESS AND UNINHIBITED ‘MARITAL PRIVILEGE’ OF THE HUSBAND, THROUGH FORFEITURE OF THE WIFE’S BODILY AUTONOMY, SANS CONSENT

AQUILAW | June 14, 2022

Raveesha Gupta, Senior Associate, AQUILAW Ronodeep Dutta, Lead Consultant, AQUILAW 

WHETHER ‘SETTING ASIDE’ OF AN ARBITRAL AWARD UNDER S 34 OF THE 1996 ARBITRATION ACT, INCLUDES ‘MODIFYING’ SUCH AWARD?

AQUILAW | April 29, 2022

Swarajit Dey, Principal Associate, AQUILAW Ronodeep Dutta, Lead Consultant, Indirect Tax, AQUILAW Deeksha Agrawal, Associate, AQUILAW

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