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  • Article

    E-Waste Management Rules, 2022: An Overview

    India is third largest e-waste generator in the world.
    IndiaEnvironment
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Standard Operating Procedure For Identification And Handling Of Violation Cases Under The EIA Notification, 2006 Introduced In India

    The Ministry of Environment, Forest and Climate Change through an Office Memorandum dated 7 July 2021 has published the Standard Operating Procedure for identification and handling of violation cases under the EIA Notification, 2006.
    IndiaEnvironment
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Foreign Portfolio Investment – Taxing Terrain Ahead

    Capital inflows from foreign portfolio investment have been pivotal for India's economic growth.
    IndiaTax
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Deferred Consideration And Purchase Price Adjustments In Limited Liability Partnerships

    In recent years, limited liability partnerships ("LLPs") registered under the Limited Liability Partnership Act, 2008 have gained significance since they possess the advantages of being a separate legal entity...
    IndiaCorporate/Commercial Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Effect Of Demonetization On The Companies Act, 2013

    "Demonetization", a topic that evoked interest of both the academicians and professionals alike. Each person in the country had a strong opinion and an inherent expectation about the way...
    IndiaCorporate/Commercial Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Frenzy In F&O Trading And SEBI

    Warrant Buffet in his 2002 chairman's letter for his holding company Berkshire Hathaway, while referring to derivatives, wrote, "We view them as time bombs, both for the parties that deal in them and the economic system".
    IndiaFinance and Banking
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Margin Trading

    Over the past five years, especially since Covid-19 lockdown, as we have witnessed, Indian stock market is dominated by a heard of new class of investors.
    IndiaFinance and Banking
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Confusion Settled: Two Indian Parties Can Choose A Foreign Seat

    On 20 April 2021, a three-judge bench of the Supreme Court of India, in PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited (PASL Wind Solutions)...
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Registration Of Consent Decrees/Orders In Immovable Property Transactions

    In India, while litigation remains a common route for dispute resolution, the substantial time consumed in such dispute proceedings and procedural complexities have led to an increasing number of disputing parties arriving at negotiated settlements.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Ensuring Fairness: Bombay High Court's Decision On Promoter Accountability In Real Estate

    In a Second Appeal, the Bombay High Court deliberated on a dispute between Wadhwa Group Housing Private Ltd. ("Appellant"), Mr. Vijay Choksi ("Respondent 1"), and SSS Escatics Pvt. Ltd. ("Respondent 2").
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Force Majeure vs. Unforeseen Circumstances In Indian Real Estate

    India’s real estate sector has witnessed unprecedented growth over the last decades, driven by institutional investment, large-scale urbanization and increasingly sophisticated contractual structures. As projects become larger and transaction timelines longer, contracting parties are placing greater emphasis on contractual risk allocation. Among the provisions attracting increased attention are force majeure clauses and contractual protections against unforeseen circumstances.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Service Tax Exemption For Land Lease Assignments: A Landmark Ruling by the Customs, Excise, and Service Tax Appellate Tribunal, Kolkata

    The increasing complexity of land transactions in India has prompted discussions on the applicability of service tax to lease assignments.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Interpreting the application of Plastic Waste Management Rules, 2016 on exporters and export products

    The Prime Minister's Independence Day speech on 15 August, 2019 highlighted the growing menace of plastic pollution in India and gave a clarion call to free India from single-use plastics by 2022.
    IndiaEnvironment
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Classification Of Society As A Promoter Under RERA

    The question whether a society is a "promoter" under Real Estate (Regulation and Development) Act, 2016 ("RERA") has acquired immense significance since the onset of RERA especially owing to the exhaustive definition of promoter provided under RERA
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    SECTION 60 (5) OF THE IBC - AN UNRESOLVED CONUNDRUM

    The National Company Law Tribunal's ("NCLT") jurisdiction under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 ("IBC") has often been invoked as a comprehensive recourse to all issues...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    MODEL TENANCY ACT, 2021: A MIXED BAG

    Rental housing being predominantly an urban phenomenon, has been in the need of a uniform regulation for long. The Union Cabinet on June 2, 2021 approved the Model Tenancy Act, 2021 ("Act")...
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Successor Developers Not Bound By Previous Allottees' Consent, Rules Bombay High Court

    In Tuvin Constructions LLP v. MahaRERA (Writ Petition No. 1673 of 2025), the Bombay High Court ruled that a newly appointed developer can be registered as the promoter of a redevelopment project without obtaining consent from the allottees of the erstwhile developer.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Guidelines On Digital Lending - First Impressions And Questions

    The Reserve Bank of India (RBI) has issued the Guidelines on Digital Lending on September 02, 2022 ("Guidelines") laying down the directions on matters covered in Annex-1 of the press release...
    IndiaTechnology
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Whether A Development Manager Is As A Promoter Under RERA?

    In the past few years inefficiency in project management, lack of transparency, improper planning and monitoring of projects, unjustifiable delays in project completion
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    DICHOTOMY BETWEEN PUBLIC POLICY CONCERNS AND CERTAINITY OF ARBITRAL AWARD – WETHER AN ARBITRAL AWARD INDUCED BY FRAUD OR CORRUPTION BE ALLOWED TO SUSTAIN IF NOT CHALLENGED ON SUCH A GROUND IN FIRST INSTACE DURING THE LIMITATION PERIOD: AN ANALYSIS

    Ironically, the most unambiguous legislative provisions, at times, present such a dilemma and contradictions with established cannons of law, that judicial intervention becomes imminent.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co

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