ArticleE-Waste Management Rules, 2022: An OverviewIndia is third largest e-waste generator in the world. IndiaEnvironmentShardul Amarchand Mangaldas & Co
ArticleStandard Operating Procedure For Identification And Handling Of Violation Cases Under The EIA Notification, 2006 Introduced In IndiaThe 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.IndiaEnvironmentShardul Amarchand Mangaldas & Co
ArticleForeign Portfolio Investment – Taxing Terrain AheadCapital inflows from foreign portfolio investment have been pivotal for India's economic growth.IndiaTaxShardul Amarchand Mangaldas & Co
ArticleDeferred Consideration And Purchase Price Adjustments In Limited Liability PartnershipsIn 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 LawShardul Amarchand Mangaldas & Co
ArticleEffect 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 LawShardul Amarchand Mangaldas & Co
ArticleFrenzy In F&O Trading And SEBIWarrant 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 BankingShardul Amarchand Mangaldas & Co
ArticleMargin TradingOver 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 BankingShardul Amarchand Mangaldas & Co
ArticleConfusion Settled: Two Indian Parties Can Choose A Foreign SeatOn 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 & ArbitrationShardul Amarchand Mangaldas & Co
ArticleRegistration Of Consent Decrees/Orders In Immovable Property TransactionsIn 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 & ArbitrationShardul Amarchand Mangaldas & Co
ArticleEnsuring Fairness: Bombay High Court's Decision On Promoter Accountability In Real EstateIn 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 ConstructionShardul Amarchand Mangaldas & Co
ArticleForce Majeure vs. Unforeseen Circumstances In Indian Real EstateIndia’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 ConstructionShardul Amarchand Mangaldas & Co
ArticleService Tax Exemption For Land Lease Assignments: A Landmark Ruling by the Customs, Excise, and Service Tax Appellate Tribunal, KolkataThe increasing complexity of land transactions in India has prompted discussions on the applicability of service tax to lease assignments. IndiaReal Estate and ConstructionShardul Amarchand Mangaldas & Co
ArticleInterpreting the application of Plastic Waste Management Rules, 2016 on exporters and export productsThe 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.IndiaEnvironmentShardul Amarchand Mangaldas & Co
ArticleClassification Of Society As A Promoter Under RERAThe 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 RERAIndiaReal Estate and ConstructionShardul Amarchand Mangaldas & Co
ArticleSECTION 60 (5) OF THE IBC - AN UNRESOLVED CONUNDRUMThe 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-StructuringShardul Amarchand Mangaldas & Co
ArticleMODEL TENANCY ACT, 2021: A MIXED BAGRental 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 ConstructionShardul Amarchand Mangaldas & Co
ArticleSuccessor Developers Not Bound By Previous Allottees' Consent, Rules Bombay High CourtIn 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 ConstructionShardul Amarchand Mangaldas & Co
ArticleGuidelines On Digital Lending - First Impressions And QuestionsThe 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...IndiaTechnologyShardul Amarchand Mangaldas & Co
ArticleWhether 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 completionIndiaReal Estate and ConstructionShardul Amarchand Mangaldas & Co
ArticleDICHOTOMY 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 ANALYSISIronically, 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 & ArbitrationShardul Amarchand Mangaldas & Co