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  • Article

    Supreme Court Confirms That Arbitration Petition Not Maintainable After Admission Of Section 7 IBC Petition

    In a recent judgment , upholding the order passed by the NCLT and settling previous uncertainties, the Supreme Court of India ("Supreme Court"), held that an arbitration petition is not maintainable...
    IndiaLitigation, Mediation & Arbitration
    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
  • Article

    Supreme Court Reaffirms- Corporate Guarantors To ‘Non-Corporate' Debtors To Face IBC Proceedings

    The Supreme Court ("SC") in the recent judgment of K. Paramasivam v. The Karur Vysya Bank Ltd. & Anr., held that a CIRP can be initiated against a corporate guarantor, even if the principal borrower is not a ‘corporate person'.
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Captive Power Rules Conundrum

    The Electricity Act, 2003 ("Act") defines 'captive generating plant' as a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up...
    IndiaEnergy and Natural Resources
    Phoenix Legal
    Phoenix Legal
  • Article

    Will Payments Banks Help Foster Financial Inclusion?

    Unlike jurisdictions such as Singapore, India did not (until very recently) have differentiated licensing for banks, i.e. granting licences for conducting a specific line of banking business.
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    Prevention Of Money Laundering vs Principles Of Free & Fair Trial

    Proceedings that have severe implications for the accused a a norm should come with a minimum degree of transparency; critics argue that PMLA misses such minimum thresholds...
    IndiaGovernment, Public Sector
    Phoenix Legal
    Phoenix Legal
  • Article

    Bankruptcy Code – A Much-Needed Boost For Corporate Bond Market?

    From an investor's standpoint, a robust and effective bankruptcy regime is a prerequisite for the development of the corporate debt market.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Completion Of CIRP Of Corporate Debtor Does Not Absolve Director's Liability In Cases Filed Under Section 138 Of Negotiable Instruments Act

    The Supreme Court of India in the recent judgment of Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., dismissed the appeals aimed to contest the proceedings filed by the lender under Section 138 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Hospital Cannot Claim Protection Under Insurance Obtained By Doctors Against Claims Of Professional Negligence: Supreme Court Of India

    The Hon'ble Supreme Court in a recent judgment in Sheth M L Vaduwala Eye Hospital v. Oriental Insurance Company Limited and Ors. held that a hospital could not claim to be indemnified under an insurance issued ...
    IndiaInsurance
    Phoenix Legal
    Phoenix Legal
  • Article

    The Insurance Ordinance 2014

    Owing to a lack of majority of the ruling party in the Upper House, the Ordinance is unlikely to be approved by the Upper House unless the ruling party successfully mobilises its support.
    IndiaInsurance
    Phoenix Legal
    Phoenix Legal
  • Article

    Execution Of Decrees And Awards Simplified By The Delhi High Court - A Step In The Right Direction For Expeditious Disposal

    We know that if a judgment debtor does not voluntarily satisfy a decree or award, the decree holder is compelled to initiate execution proceedings.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Explainer| How Class Action Suits Work In India

    Ola Electric may be staring at a class action suit if the consumer rights regulator is not satisfied with the electric vehicle manufacturer's response to its show-cause notice.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Indian Proprietors Habitually Residing In Foreign Nations Subject To Provisions For International Commercial Arbitration: Supreme Court Of India

    The High Court turned down the Appellant's objection holding that the central management and control of the Respondents' distributorship was in India.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    The Emerging Jurisprudence For Quicker Execution Of Decrees

    Most often, the decree holder is left running pillar to post to enjoy the fruits of ‘success', defeating the very purpose of the rigorous litigation the parties engaged in to bring their disputes to closure...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Travel And Tourism In India – Policies To Help India Achieve Its Tourism Potential

    India has been attracting tourists for medical treatment in large numbers.
    IndiaStrategy
    Phoenix Legal
    Phoenix Legal
  • Article

    Decoding Privatization Of Passenger Trains

    India has the fifth largest railway network in the world where the Ministry of Railways, Government of India (MOR) manages and operates trains on the Indian Railway (IR) network.
    IndiaTransport
    Phoenix Legal
    Phoenix Legal
  • Article

    World Bank Not A Government Agency: High Court Of Delhi

    In a recent decision in A2Z Infraservices Ltd. v. North Delhi Municipal Corporation, the High Court of Delhi ("High Court") has held that the World Bank is not a Government Agency.
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    'Group Of Companies Doctrine' Set For An Overhaul, About Time, Too

    n a recent decision in Cox and Kings vs SAP India, the Supreme Court, after undertaking a detailed review of the evolution of jurisprudential position on the ‘group of companies...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Arbitration Agreement Contained In An Unstamped Document Must Be Impounded: Supreme Court Clarifies The Law

    The Supreme Court by a significant judgment on 10 April 2019 , clarified that the power of the court to impound an unstamped document containing an arbitration clause...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Indian Data Privacy Regime: Stuck In An Endless Loop?

    A serious debate over the setting up of a data privacy law has been doing the rounds for more than half a decade now.
    IndiaPrivacy
    Phoenix Legal
    Phoenix Legal

Showing 161–180 of 507 results

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