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  • Article

    Supreme Court Upholds The Decision In Rainbow Papers – State Authorities Breathe A Sigh Of Relief

    The Supreme Court of India ("Supreme Court") recently dismissed five Review Petitions seeking review of the judgment passed in State Tax Officer vs. Rainbow Papers Limited.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    A 'Cleaner' Approach To Deals

    Under competition regulations, parties to certain transactions (i.e., acquisition, merger or amalgamation) that meet specified asset/turnover thresholds have to obtain approval of the Competition...
    IndiaAntitrust/Competition Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Anti-Competitive Tendencies And Business Cooperation In COVID-19 Times

    It is estimated that enterprises across sectors would be impacted by this pandemic and are likely to incur significant revenue losses.
    IndiaAntitrust/Competition Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Can IRPs And RPs Unilaterally Amend Existing Contracts Executed By Debtors?

    The Insolvency and Bankruptcy Code, 2016 (IBC) aims to revive debtor entities facing financial stress.
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Courtroom: No Sadism

    In a recent case, Ravindranatha Bajpe Vs Mangalore Special Economic Zone Ltd, the Supreme Court of India held that a director of a company could not be "vicariously" held liable for criminal offences of a company.
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Directors Cannot Be Held Vicariously Liable For Criminal Offences Of Company: Supreme Court Of India

    The Hon'ble Supreme Court in a recent case in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. and Ors. Etc., held that the chairman, directors, and other key managerial personnel of a company...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    National Company Law Tribunal – The One Stop Shop For All Company Related Disputes!

    The constitutional validity of the NCLT and the NCLAT is an issue that was first tested before the Supreme Court of India in Union of India vs. R. Gandhi, President, Madras Bar Association (the 2010 Judgment).
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    (Un)ease Of Doing Business

    India's rank on the World Bank's Ease of Doing Business (EoDB) index has improved considerably over the last few years.
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Prepaid Transit Instruments: Step To A ‘Less-Cash Society'

    Following up on the government's initiative to encourage Indians to move to electronic payment methods, the Reserve Bank of India has issued guidelines on the use of "prepaid payment instruments".
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    New Adjudicating Authority For Corporate Insolvency Proceedings

    The NCLT was recently announced as the adjudicating authority for insolvency proceedings relating to companies, limited liability partnerships and other body corporates under the Insolvency and Bankruptcy Code 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    100% FDI For Insurance Intermediaries

    The Central Government has notified the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2020 (Amendment Rules) with effect from 27 April 2020.
    IndiaInsurance
    Phoenix Legal
    Phoenix Legal
  • Article

    Insurance – "Mental Illness" Be Included Without Discrimination – Delhi High Court

    In a petition filed against Max Bupa Health Insurance Company Limited, the Bench of Justice Pratibha M. Singh of the Delhi High Court held that there can be no discrimination between insurance provided for mental illness ...
    IndiaInsurance
    Phoenix Legal
    Phoenix Legal
  • Article

    A Change In The Venue Is A Change In The Seat Of The Arbitration: Supreme Court Of India

    In a recent case titled M/s Inox Renewables Ltd. v. Jayesh Electricals Ltd. , the Hon'ble Supreme Court of India held that where the parties to a dispute change the venue...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Arbitrator Not Empowered To Allow Forfeiture Of Substantial Amount Of Consideration Without Proof Of Actual Loss: Delhi High Court

    The High Court of Delhi, in the recent judgment of Rajesh Gupta v. Ram Avtar, partly set aside an arbitral award on the ground that the sole arbitrator had wrongly allowed forfeiture of earnest money ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Discretionary Powers Under Article 226 Of The Constitution Are Not To Be Invoked To Interfere In The Arbitral Process Under The Arbitration Act Under Ordinary Circumstances: Supreme Court Of India

    In the recent judgment of Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd and Another, the Hon'ble Supreme Court discussed the interplay between ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Dissenting Financial Creditor Vs. The Committee Of Creditors: Who Prevails?

    The present article briefly summarises the findings of the Hon'ble Supreme Court in the decision mentioned above.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Limitation For Enforcement Of Foreign Arbitral Awards In India

    The Bombay High Court (Court), while deciding a preliminary objection to an application filed for enforcement of a foreign award under Section 47, 48 and 49 of the Arbitration and Conciliation Act, 1996...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Retirement Of Sole Arbitrator Appointed By Designation Not A Valid Ground To Terminate Mandate

    In a recent judgment in M/s Laxmi Continental Construction Co. v. State of U.P. and Anr. the Hon'ble Supreme Court of India held that the mandate of a sole arbitrator who was appointed by designation could not be terminated ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Revitalizing India's Shipbuilding Industry – An Overview

    India's shipbuilding industry stands at a crucial crossroads, poised for transformation amid evolving global and domestic dynamics. This article examines the sector's challenges, policy shifts, and the path to its resurgence.
    IndiaTransport
    Phoenix Legal
    Phoenix Legal
  • Article

    Indirect Tax Updates

    The Punjab and Haryana HC in Sterile India Pvt. Ltd vs. UOI, held that the intention to evade tax is not required to be established for the purpose of Section 129 of Central Goods and Services Tax Act, 2017 ("CGST Act").
    IndiaTax
    Phoenix Legal
    Phoenix Legal

Showing 141–160 of 507 results

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