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  • Article

    Timeline For Filing Written Statements In Non-Commercial Suits Is Directory: Supreme Court Reiterates The Law

    A 3-judge bench of the Supreme Court, in Desh Raj v. Balkishan (D) through proposed LR (2020 SCC Online SC 49; decided on 20 January 2020)...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Why 'No Oral Modification Clauses' Matter More Than Ever? Lessons From The Supreme Court's Ruling In SEPCO-GMR Case

    The Supreme Court in the case SEPCO Electric Power Construction Corporation vs GMR Kamalanga Energy Limited, addressed the scope...
    IndiaLitigation, Mediation & Arbitration
AK & Partners
AK & Partners
  • Article

    Online Gaming Laws In India: Recent Judgement Of Madras High Court

    This is an update to our previous post, wherein we covered a detailed analysis on the legislations and landmark judgements that regulate gambling and other allied activities across India...
    IndiaMedia, Telecoms, IT, Entertainment
    Agama Law Associates
    Agama Law Associates
  • Article

    TRAI's Regulations For Compensation To Consumers For Call Drops Upheld

    Call drops can be simply explained as the service provider's ineptitude in maintaining a call between users and providing continued service once a call has been correctly established.
    IndiaMedia, Telecoms, IT, Entertainment
    LexCounsel
    LexCounsel
  • Article

    Winds Of Change In Indian Jurisprudence: Geo Blocking vs. Global Takedown

    Observing that "the race between technology and the law could be termed as a hare and tortoise race – as technology gallops, the law tries to keep pace",...
    IndiaMedia, Telecoms, IT, Entertainment
    Obhan Mason
    Obhan Mason
  • Article

    Tips To Conduct An Effective Remote Investigation

    The COVID-19 pandemic has been with us for almost 18 months now, and with India going through intermittent phases of lockdown, all stakeholders have had to quickly adapt to conducting investigations remotely.
    IndiaPrivacy
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Gujarat High Court Holds That Proceedings Based On Omitted Rule 89(4B) Cannot Survive In The Absence Of A Saving Clause

    The Petitioner had challenged the proceedings initiated by the Department for denial of refund claims by invoking Rule 89(4B) of the CGST Rules, 2017. Rule 89(4B), along with Rule 96(10), was omitted by Notification No. 20/2024-Central Tax dated 08 October 2024, without any saving clause preserving pending proceedings. 
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Is Offshore Offshore Enough? Recent Indian Supreme Court Tax Decision Impacts Global M&A Which Derive Substantial Value From India

    Cross-border M&A transactions routinely involve offshore holding structures. A typical exit involves selling shares in a foreign holding company whose value is substantially derived from operating businesses in another jurisdiction, such as India.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Madras High Court Decides Cyprus' Fate - Upholds The Validity Of Notification Of Cyprus As A 'Notified Jurisdictional Area'

    It is peculiar to note that the tax authorities have challenged non-withholding of tax even when the transaction resulted in a capital loss to the Cypriot seller and thus, no taxable income arose in the hands of the Cypriot seller.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Refund Cannot Be Claimed Once The Amount Of Service Tax Is Paid And No Show Cause Is Issued Thereafter

    Post investigation, the company was directed to pay service tax as determined by the departmental representatives. All the companies paid the said amount so determined along with filing an application u/s 73(3) of the Finance Act, 1994.
    IndiaTax
    S&A Law Offices
    S&A Law Offices
  • Article

    Service Tax On Builders' Home Buyers Goes For A Toss

    The question before the Court was whether consideration paid by flat buyers to a builder/promoter/developer for acquiring a flat being constructed in a complex could attract service tax...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SICPA India Private Limited And Another vs UOI And Others [WP(C) 54 Of 2023]

    Refund of unutilised Input Tax Credit (ITC) is allowed in cash on account of the closure of Business.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Supreme Court Rests The Transitional Credit Dispute

    The Supreme Court, in an order dated 22 July 2022, has decided a batch of nearly four hundred petitions and has directed opening of the Goods and Services Tax (GST) portal...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Time Overruns, Now What?

    When Parties enter into a contract, sometimes the parties pre-estimate the damages that should be paid by the other party in case it defaults in performing...
    IndiaCorporate/Commercial Law
    YNZ Group
    YNZ Group
  • Article

    Sessions Trial: Discharge Of The Accuses & Framing Of Charges

    When pursuant to a commitment of the case under Section 209 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the accused is brought before the Court of Session the prosecutor has to open his case by describing the ...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Section 14: Contracts Not Specifically Enforceable – Part 3

    The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act") ...
    IndiaEmployment and HR
    Obhan Mason
    Obhan Mason
  • Article

    Six Months Waiting Period Section 13B (2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: Supreme Court

    In the recent case of AMARDEEP SINGH VS. HARVEEN KAUR, CA NO, 11158 OF 2017 it has been held by the Supreme Court that the period of 6 months, as mentioned in Section 13B(2) is not mandatory...
    IndiaFamily and Matrimonial
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Dishonour Of Blank Cheque Attracts Presumption Under S/139 Of Negotiable Instruments Act, 1881

    The Respondents filed a complaint against the plaintiff under section 138 and 142 of the Negotiable instruments act, read with S/ 200 of Code of criminal procedure.
    IndiaFinance and Banking
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Court Orders Continuance Of Stem Cell Treatment In The Interim Till New Regulatory Approvals Are Procured

    Regulatory uncertainty concerning stem cell treatment in India has been a polarizing issue.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Innoventive Industries Limited v. ICICI Bank Limited: Paradigm Shift In Insolvency Law In India

    On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Showing 761–780 of 3988 results

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