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  • Article

    When A Letter Of Intent Isn’t Enough: Supreme Court Clarifies Limits Of Arbitration Agreements

    In fast-paced commercial transactions, parties often treat a Letter of Intent (LoI) as the beginning of binding obligations. However, the Supreme Court’s decision in Maharashtra State Electricity Distribution Company...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Allottees Not Precluded From Claiming Interest Merely For Non Execution Of Agreement For Sale: MREAT

    Recently, the Maharashtra Real Estate Appellate Tribunal ("MREAT"), in two cross appeals1 filed by Deepak Bhandari & Ors ("Allottees") and Surana Construction & Ors...
    IndiaReal Estate and Construction
    CMS INDUSLAW
CMS INDUSLAW
  • Article

    Investment Into Commercial Real Estate In India: An Investor Perspective

    Commercial real estate space in India has been attracting increased attention from investors globally.
    IndiaReal Estate and Construction
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Bombay HC Affirms That GST Is Not Applicable On Corporate Guarantees Issued Without Consideration

    The Bombay High Court has ruled that GST is not applicable on corporate guarantees issued without consideration. This landmark decision addresses a critical question for businesses...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Capital Appreciation On Conversion Of OCRPS Into Equity Shares Not Taxable Under Section 56(2)(x)

    The assessee, a private limited company incorporated in Mauritius, acts as an investment holding company by investing in securities of Indian companies...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Taxation Newsletter - November 2021

    The taxpayer, an individual, earned long term capital gains from the sale of certain shares of Kappac Pharma Ltd. and claimed exemption under Section 10(38) of the Income-tax Act, 1961.
    IndiaTax
    Economic Laws Practice
    Economic Laws Practice
  • Article

    A Partnership Deed Cannot Automatically Bind Legal Heirs Of A Deceased Partner Of A Partnership Firm

    The Apex Court vide its judgment dated 18th October, 2019 passed in the case of S. P. Misra & Ors. V. Mohd. Laiquddin Khan & Anr., held that a decree...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Clean Slate When Not In Clean Hands – Need For Checks And Balances In IBC

    In a set back to the successful resolution applicant, the Madras High Court, in its recent ruling in "The National Sewing Thread Co. Ltd Vs The Superintending Engineer TANGEDCO" [W.P. No. 29845/2022] decided on June 7, 2024 ...
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Recent Amendments Made In The Specific Relief Act – A Brief Overview

    There have been some changes in the civil dispute resolution practice area through the Specific Relief (Amendment) Act, 2018 which has made some important amendments to the Specific Relief Act, 1963.
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Restitutionary Damages Vs. Compensatory Damages: Explained

    In an important judgment by the Madras High Court delivered on December 15, 2021, the Court explained the circumstances under which an aggrieved party is entitled to compensatory damages and restitutionary damages, respectively.
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Simplifying The Commercial Courts Act, 2015

    The Commercial Courts Act, 2015 ("Act of 2015") is an improvement over the Code of Civil Procedure, 1908 ("Act of 1908") in respect of commercial disputes.
    IndiaCorporate/Commercial Law
    Legacy Law Offices
    Legacy Law Offices
  • Article

    Related By Contract: ECL Finance v. Abhinav Mukherjee

    The SC dismissed the appeals by ECL Finance Limited (“ECL”), as debenture holder and lender, and IDBI Trusteeship Services Limited (“ITSL”), as debenture trustee. It upheld the concurrent findings of the NCLT and the NCLAT that ECL was a related party of the corporate debtor under Section 5(24) of the IBC and could not form part of the committee of creditors (“CoC”).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Arbitration Through Conduct: Recognition Of Arbitration Clauses Incorporated In Commercial Invoices

    he evolution of arbitration jurisprudence in India has consistently reflected a judicial inclination toward promoting party autonomy and minimizing unnecessary judicial intervention in commercial disputes.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bombay High Court Sets Aside Arbitral Award In Nayara Energy Dealership Dispute: Reaffirming Limits Of Arbitral Powers In Commercial Contracts

    The Bombay High Court's decision in Nayara Energy Ltd. v. M/s. Mahendra Sales Services addresses critical questions about arbitral tribunals' authority to override express contractual terms in dealership disputes.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Case Analysis: Batliboi Environmental Engineers Limited v. Hindustan Petroleum Corporation Limited

    As a general rule, a party claiming damages for loss of profit is required to establish breach. As long as the breach is established by the Contactor...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Delhi HC: Legal Relationship Between Law Firm And Client Is ‘Commercial' For The Purpose Of Sections 44 And 45 Of The Arbitration Act

    The Delhi High Court (Court), in its judgment dated 12 May 2020 in Spentex Industries Ltd v Quinn Emanuel Urquhart Sullivan LLP, has inter alia held that the legal relationship between...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Mere Change In Project Name Cannot Defeat Statutory Rights Of Home Buyers: Maharashtra Real Estate Appellate Tribunal Holds Allottees Of Unregistered "BBJ Roma” Entitled To RERA Relief In Registered "Verona”

    The Real Estate (Regulation and Development) Act, 2016 was enacted with the avowed legislative intent to protect the interests of allottees and to introduce transparency...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Operating A Co-working Premises: Pre- And Post-take-over Actions By The Owner & Operator

    This article examines the core conditions of the pre and post-take-over phases during the setting up of a co-working space, and the corresponding obligations of the parties.
    IndiaReal Estate and Construction
    Ikigai Law
    Ikigai Law
  • Article

    Is Dumping Of Foreign Capital To Offer Discounts "Anti Competitive"?

    E-commerce marketplaces have been a game changer when it comes to online retail trading in India. The e-commerce market players have been resorting to any means possible to acquire a customer base...
    IndiaAntitrust/Competition Law
    ARA LAW
    ARA LAW
  • Article

    Are You Ready For A CLM Solution?

    You've found your dream home. But the work of moving in begins now—packing, shifting, setting up the new space. It's also a good opportunity to sort through your things and discard what you don't need.
    IndiaCorporate/Commercial Law
    Counselect Services Pvt. Ltd.
    Counselect Services Pvt. Ltd.
  • Showing 661–680 of 2093 results

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