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  • 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
  • Article

    100% FDI Proposed For The Indian Insurance Sector: Key Implications And Next Steps

    On February 1, 2025, India's Finance Minister announced an increase in the foreign direct investment ("FDI") cap for the insurance sector from 74% to 100% as part of the Union Budget, 2025.
    IndiaGovernment, Public Sector
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    CAQM's Revised Graded Response Action Plan For Delhi NCR

    The Commission for Air Quality Management in the National Capital Region and Adjoining Areas ("CAQM") has issued the revised Graded Response Action Plan ("GRAP") for the National Capital...
    IndiaEnvironment
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Initial Public Offerings By Indian Insurance Companies

    The Government of India recently liberalised its policy on foreign investment in the insurance sector, permitting foreign direct investment up to 49% of the paid-up capital of an Indian insurance company under the automatic route.
    IndiaInsurance
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Bombay High Court Limits Co-operative Societies To Statutory Transfer Fee

    The Bombay High Court recently dismissed a writ petition filed by Tirthankar Darshan Co-operative Housing Society Ltd. ("Society") challenging orders of the Deputy Registrar and the Divisional Joint Registrar.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Making Section 482 CrPC the sole remedy – Case Study of Madras High Court's judgment in K.Raghupathy v The Commissioner of Police

    A Single Judge of the Madras High Court recently, in K. Raghupathy v The Commissioner of Police [Crl.O.P. SR.No. 28352 of 2017] on 10.07.17, held that a petition under Section 482 of the Criminal Procedure Code...
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Protocol Amending The India-Mauritius Tax Treaty- Highlights – Part II

    As discussed in our previous update, India and Mauritius have signed a protocol amending the India-Mauritius tax treaty.
    IndiaTax
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    The Case Of Covid-19 & Laws On Minimum Wages

    The COVID-19 pandemic apart from wreaking a health havoc, has deeply impacted India's workforce.
    IndiaCoronavirus (COVID-19)
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    "Grounds Of Arrest Must Be Given In Writing": Supreme Court Fortifies Article 22(1) While Balancing Operational Needs In Criminal Investigations

    In Mihir Rajesh Shah v. State of Maharashtra (2025 SCC OnLine SC 2356), the Hon'ble Supreme Court of India delivered a significant, clarificatory judgment on the constitutional and statutory requirement to inform an arrested person of the grounds of arrest.
    IndiaGovernment, Public Sector
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Pre-Institution Mediation – a stepping stone towards amicable dispute resolution!

    Recently, the Bench comprising Justice KM Joseph and Justice Hrishikesh Roy of the Supreme Court, delivered a judgement having far-reaching consequences upon commercial disputes in the country.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    SUPREME COURT JUDGMENT IN BGS SGS SOMA JV CASE - A CASE OF PUNCHING ABOVE ONE'S WEIGHT?

    It is evident from the record that these twin exceptions did not arise in the BGS case.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Diving Into The Future - Unveiling Non-Fungible Token's Impact On India's Real Estate

    Distinguished by special identification codes and metadata, NFTs represent real-world objects and can be traded for traditional currency or cryptocurrency in online marketplaces
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    The Tata-Docomo Conundrum – How Far An Arbitral Award Can Bind Third Parties

    The high-profile shareholders dispute between NTT Docomo Inc. and Tata Sons Ltd. was given a quietus when the Delhi High Court, on 28 April 2017, declared an Award passed by a foreign Arbitral...
    IndiaCorporate/Commercial Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • 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

    The Evolution Of Look Out Circulars In India

    A Look Out Circular ("LOC(s)") is essentially an administrative mechanism whereby certain designated authorities are permitted to issue requests to the immigration/emigration authorities...
    IndiaGovernment, Public Sector
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    The Consumer Is Paramount – National Consumer Commission's Assertion Of Its Jurisdiction

    Recently, the National Consumer Disputes Redressal Commission, in its judgment dated 13.07.2017, adjudicated on the extent of applicability of the amended Section 8(1) of the Arbitration...
    IndiaConsumer Protection
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    ‘Critical Supplies' Under The Insolvency And Bankruptcy Code, 2016

    A corporate insolvency resolution process ("CIRP") under the Insolvency and Bankruptcy Code, 2016 ("Code") involves a delicate balance between the interests...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Deal value thresholds

    The Government of India introduced the Competition (Amendment) Bill, 2022 (Bill) before the Lok Sabha on 5 August 2022. The Bill proposes an overhaul of the Competition Act, 2002 (Competition Act)...
    IndiaAntitrust/Competition Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Compulsory Acquisition Under Article 300A: The Seven-Test Framework

    The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.
    IndiaLitigation, Mediation & Arbitration
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Reinforcing Transparency In Real Estate: A Review Of Recent Amendments And Circulars Under TNRERA

    The Tamil Nadu Real Estate Regulatory Authority (TNRERA) has been at the forefront of real estate reform, progressively enforcing compliance mechanisms that aim to bring greater transparency, accountability, and fairness to the sector.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co

Showing 141–160 of 283 results

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