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  • Article

    Delhi High Court On Appeals Post Transition From Commercial Courts Ordinance To Commercial Courts Act

    In a recent order of the Division Bench of the Delhi High Court in the case of Simplex Infrastructure Limited vs Energo Engineering Projects Limited, Simplex Infrastructure filed a review petition ...
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Delhi High Court Refuses To Restrain Encashment Of Performance Bank Guarantee, Says Invocation Need Not Specify Amount Recoverable

    The Delhi High Court has dismissed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain encashment of a Performance Bank Guarantee, holding that an invocation letter is not unsustainable merely because it does not specify or crystallise the amount to be recovered from the contractor.
    India
Litigation, Mediation & Arbitration
IndiaLaw LLP
IndiaLaw LLP
  • Article

    How Joint Venture Disputes are Evolving — Arbitration, Enforcement & Legal Remedies

    Joint Ventures refer to the organizational structure where there are joint control, assets or resources pooling and mutual profit-sharing between two or more companies.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Supreme Court Of India: Intention To Incorporate Arbitration Clause From A Reference Document Should Be Unambiguous

    The Appellant had issued an invitation for tender, for the construction of certain structures across the river Damodar at Chandrapur, District Bokaro, Jharkhand, which contained inter-alia, the General...
    IndiaLitigation, Mediation & Arbitration
    Clasis Law
    Clasis Law
  • Article

    Legal Contracts For The Indian Film Industry

    As a legal professional specializing in entertainment law, understanding the intricate web of contracts involved in Indian film production is paramount.
    IndiaMedia, Telecoms, IT, Entertainment
    Vidhinyas Solicitors & Associates  b Law Firm
    Vidhinyas Solicitors & Associates b Law Firm
  • Article

    The Connected-Vehicle Audit Mandate: Securing Firmware, Telematics And FOTA Loops Across Auto Supply Chains

    A connected-vehicle, an automobile equipped with internet access, onboard sensors, and telematics systems that enable it to continuously share and receive data with cloud platforms, external devices, road infrastructure, or other vehicles, risk’s often becomes visible when a new platform reaches homologation, i.e., official regulatory approval, and an auditor asks for evidence that the manufacturer cannot produce.
    IndiaMedia, Telecoms, IT, Entertainment
    Agama Law Associates
    Agama Law Associates
  • Article

    Compensation Received Under An Arbitral Award Not "Other Income"

    In 1998, Mahanagar Telephone Nigam Limited ("MTNL") invited tenders for Code-Division Multiple Access ("CDMA") technology supply on a turnkey basis.
    IndiaTax
    Majmudar & Partners
    Majmudar & Partners
  • Article

    Corporate Guarantees Issued Without Consideration Not Taxable Under GST: Bombay High Court (Nagpur Bench)

    M/s D.P. Jain & Co. Infrastructure Private Limited (‘petitioner’) was engaged in the business of highway construction & inter alia had three subsidiaries. During the period 2020 to 22, the petitioner had issued...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    A Ready Reckoner On NFTs - Ownership, Taxation & More

    With digitization sweeping the world and almost every aspect of our life becoming largely attached with, and in some cases dependent on, technology, it is no surprise that currency has also transmuted into what we know today as cryptocurrency.
    IndiaTechnology
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Dating Your Agreement

    Very often, business is conducted without a contract in place, or a contract may be entered into with entrepreneurial optimism despite certain basic pre-conditions not being fulfilled.
    IndiaCorporate/Commercial Law
    Agama Law Associates
    Agama Law Associates
  • Article

    Enforceability Of Provisions In Contracts Restricting The Right To File Class Action Suits In India*

    It may be worth noting that in the United States of America, there has been substantial litigation on this issue.
    IndiaCorporate/Commercial Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Limitation Of Rights vs. Limitation Of Claims: Enforceability Of Time Caps In M&A Transaction Documents

    In M&A transaction documents such as share purchase agreements ("SPAs"), the parties generally allocate transactional risk by negotiating differentiated indemnity survival periods or time caps for various categories...
    IndiaCorporate/Commercial Law
    DSK Legal
    DSK Legal
  • Article

    Supreme Court Saves Limitation For Filing Of Written Statement After Expiry Of 120 Days

    The case in discussion pertains to the monetary liabilities arising from and under the sub-contracts awarded to the Prakash Corporates by Dee Vee Projects Limited...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Winding-up In Pendency Of Arbitration And Criminal Proceedings: NCLT Orders For Winding Up Of Devas Multimedia For Operating Fraudulently Since Incorporation

    In the recent decision of Antrix Corporation Ltd. v. Devas Multimedia Pvt. Ltd. and Anr. the Bengaluru Bench of the National Company Law Tribunal (NCLT) passed an order for the winding-up...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Liability Of Guarantors After Approval Of Resolution Plan Under The Insolvency And Bankruptcy Code, 2016

    There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Uberrimae Fidei (Good Faith)

    The doctrine Uberrimae Fidei is originated from English law to the formation of insurance contract. Principle of Uberrimae fidei (a Latin phrase), or in simple English words, the Principle of Utmost Good Faith, ...
    IndiaInsurance
    Dr Vedula Gopinath Corporate Consultant
    Dr Vedula Gopinath Corporate Consultant
  • Article

    Delhi HC: Directors Of A Company Cannot Be Made Party To An Arbitration Under The 'Group Of Companies' Doctrine

    The Delhi High Court recently in the case of, Vingro Developers Private Limited v. Nitya Shree Developers Private Limited, (Arb. P. 667/2023), has held that directors of a company cannot be made party...
    IndiaLitigation, Mediation & Arbitration
    Argus Partners
    Argus Partners
  • Article

    Delhi High Court Reinstates Substantive Right To Appeal Post Transition From Commercial Courts Ordinance To Commercial Courts Act

    The Hon'ble Delhi High Court recalled its order dated 10 December 2015 and restored the petition originally filed under Section 9 of the Arbitration and Conciliation Act, 1996 which was dismissed by a Commercial Appellate Division.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Is A Resigning Partner Bound By An Arbitration Clause In An Agreement With A Third Party To Which He Is Not A Signatory?

    The vexed issue of whether a partner who resigns from a partnership firm remains bound by an arbitration clause in a contract executed between the firm and a third party, to which such partner is not a direct signatory, raises complex questions ...
    IndiaLitigation, Mediation & Arbitration
    Fox & Mandal
    Fox & Mandal
  • Article

    Supreme Court Clarifies Arbitration Seat vs. Venue In Arcis Clean Energy v. Parshva Innovation

    The Supreme Court has addressed a recurring problem in arbitration drafting: what happens when an arbitration clause names two different places, and a separate jurisdiction clause points to one of them. The dispute arose from a Franchise Agreement dated 3 August 2023 between Arcis Clean Energy Pvt. Ltd. (appellant) and Parshva Innovation (respondent).
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 421–440 of 2093 results

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