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  • Article

    Extension Of Time Limits Provided By TOLA Applies To Limitation Period Provided For Reopening Of Assessment And For Grant Of Sanction

    The provisions relating to reopening of assessments, as they stood prior to the Finance Act, 2021, were contained in Sections 147 to 151 of the Act (‘Old Law').
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Key Amendments To The CIRP And Liquidation Regulations

    The Insolvency and Bankruptcy Code, 2016 (“Code”) provides a time-bound and creditor-driven framework for resolution of distressed corporate debtors.
    IndiaLitigation, Mediation & Arbitration
Holding Redlich
Holding Redlich
  • Article

    Navigating Interrogatories: Procedures And Rules

    Discovery under Civil Procedure means a pre-trial procedural aspect where each party is given an opportunity to obtain evidence from the opposite party or parties. The main purpose of discovery is to make the parties aware...
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Relevancy And Admissibility: Two Sides Of A Coin

    Relevant facts have been defined in Section 3 and 5 of the Indian Evidence Act, 1872 (hereinafter referred to as ‘Act').
    IndiaLitigation, Mediation & Arbitration
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    Appellate Authority Cannot Convert Section 74 Proceedings Into Section 73: Gstat

    The distinction between initiation of proceedings under Section 73 (where there is no allegation of fraud, wilful misstatement or suppression of facts) and Section 74 (where such elements are alleged)...
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Jurisdiction Of Principal Bench Of GST Appellate Tribunal: Statutory Framework And Early Judicial Signals

    The Goods and Services Tax Appellate Tribunal's Principal Bench has begun operations, but jurisdictional boundaries between it and State Benches remain unclear. Recent contradictory orders reveal uncertainty about when the Principal Bench can hear appeals that don't fall within its statutorily designated categories, raising critical questions for taxpayers seeking timely appellate remedies.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Alba Law Offices Newsletter – September, 2024

    Recently, the Himachal Pradesh High Court rejected a suit for infringement of designs and patents on the ground that the plaintiff had not exhausted the remedy of pre-institution mediation.
    IndiaLitigation, Mediation & Arbitration
    Alba Law Offices
    Alba Law Offices
  • Article

    Can ECIR Be Lodged Or Any Action Be Taken Under PMLA Act In The Absence Of FIR?

    The Enforcement Case Information Report (ECIR) is a formal entry of the complaint lodged by the Enforcement Directorate (ED). Though there is no mention about the ECIR in Prevention of Money...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Supreme Court Holds That Enforcement Of An Award Through Its Execution Can Be Filed Anywhere In The Country Where Such Decree Can Be Executed

    In disputes between Sundaram Finance Limited ("Appellant") and Abdul Samad in relation to default in repayment of a loan, an ex-parte arbitration award was made on 22 October 2011 in favour of the Appellant ("Award").
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Justice In Time: Allahabad High Court Orders Six-Month Limit On Maintenance Cases

    In a landmark ruling reinforcing the urgency of financial relief for deserted wives, the Allahabad High Court in Smt. Anjali Singh vs. State of U.P. and Another...
    IndiaFamily and Matrimonial
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Arbitration Newsletter | September 2024

    Welcome to the September edition of our Arbitration Newsletter where we have explored significant judgments touching on the interpretation of the relevant provisions of the Arbitration...
    IndiaLitigation, Mediation & Arbitration
    Dentons
    Dentons
  • Article

    Between Option And Obligation: The Supreme Courts Clears The Air On “CAN” In Arbitration Clauses

    Today’s business world involves complex, high-value, and often international transactions. Because of this, companies focus not just on making good deals, but also on having clear and efficient ways to resolve...
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Hard 'Press'-ed For Freedom

    At all levels of society in a nation, be it national, regional or local, the press can be said to be the watchdog of the public at large – one cannot deny the role the press plays as an educator...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court: A Plaint Containing Multiple Reliefs Cannot Be Rejected In Its Entirety Solely Because One Of The Reliefs Is Untenable

    On January 09, 2025, the Supreme Court of India ("Supreme Court") in the case Central Bank of India v. Smt. Prabha Jain, Civil Appeal No.1876 of 2016 held that a plaint containing multiple reliefs.
    IndiaLitigation, Mediation & Arbitration
    Argus Partners
    Argus Partners
  • Article

    Indirect Tax Case Law Compendium 2024

    Withdrawal of tax rate concessions by the Government, cannot be subject to judicial scrutiny
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    When An Appeal Is Void From Inception: Supreme Court Clarifies The Position Under The IBC

    The Supreme Court has drawn a critical distinction in insolvency proceedings between appeals that are merely defective and those that are fundamentally incompetent from inception. When a suspended director files an appeal in the name of a corporate debtor after commencement of CIRP, can such a filing be cured through amendment, or does it represent a void proceeding that cannot be salvaged even within the limitation period?
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Evasion Of Arbitration Proceedings Amounts To A Deemed Waiver Of Right To Object: Supreme Court

    An arbitral tribunal has been bestowed with the power to rule on any objection raised by parties with respect to the existence or validity of an arbitration agreement, under Section 16...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Recognition Of Doctrine Of ‘Transnational Issue Estoppel’ By Supreme Court In Enforcement Of Foreign Arbitral Awards

    The Supreme Court of India has applied the principle of 'transnational issue estoppel' in foreign arbitral award enforcement proceedings, preventing parties from relitigating issues already decided by seat courts.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Retraction Of Statements: An In-Depth Analysis

    Statements are often recorded by investigating agencies during the course of a search proceedings or summons appearance.
    IndiaLitigation, Mediation & Arbitration
    Metalegal Advocates
    Metalegal Advocates
  • Article

    Indus Waters Treaty Arbitration: Can India Put The Treaty In Abeyance?

    The Indus Waters Treaty arbitration has become one of the most significant treaty arbitration developments of 2026. It is no longer only about dams, rivers or hydropower.
    GlobalLitigation, Mediation & Arbitration
    Aceris Law
    Aceris Law
  • Showing 461–480 of 662 results

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