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  • Article

    The Ship Has Sailed! NCLAT Overturns NCLT Order - Goods Abandoned Prior To CIRP, Not Assets Of Corporate Debtor

    In a recent judgment overturning the order of the NCLT, Ahmedabad (NCLT), the NCLAT New Delhi held that abandoned imported goods lying in the customs warehouses for several years, cannot be considered a part of the Corporate Debtor's assets.
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    India's Regulatory Response To COVID 19 – Support For Vaccine Development And Distribution

    These hard corona times shall pass.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Phoenix Legal
    Phoenix Legal
  • Article

    Make In India- On The Menu For Growth In The Indian Food Sector

    The Government of India, pursuant to the recent liberalisation of the food processing sector, has taken steps to encourage the increase in investment in the food processing sector.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Phoenix Legal
    Phoenix Legal
  • Article

    Applicability Of The Limitation Act, 1963 To The Insolvency And Bankruptcy Code, 2016

    The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    IBC Claims Not Part Of Approved Resolution Plan Do Not Survive: Supreme Court Of India

    It was held that once the resolution plan was approved, all claims stood frozen and a claim which did not form a part of the final resolution plan would not be legally actionable.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    NCLAT Full Bench Overturns Previous Judgements- Holds License Fees As ‘Operational Debt' Under IBC

    In a recent full bench judgement, the National Company Law Appellate Tribunal (NCLAT) overturned two of its previous judgements to clarify that claim of a licensor for payment of licence...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    A Foreign Law Firm's Relationship With Its Indian Client Is 'Commercial' In Nature: High Court Of Delhi

    The High Court of Delhi (Court) in Spentex Industries Ltd. v. Quinn Emanuel Urquhart & Sullivan LLP has ruled that the contractual relationship between a client and foreign law firm...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Interested Party Not Eligible To Be An Arbitrator: Supreme Court Of India

    The Hon'ble Supreme Court in its recent judgment in Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited and Ors. v. M/s Ajay Sales and Suppliers emphasised upon the impartiality of an arbitrator...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Limitation Period Extension On Account Of Covid-19 Applies To Delay That Can Be Statutorily Condoned: Supreme Court Of India

    The Hon'ble Supreme Court in a recent order in Centaur Pharmaceuticals Pvt. Ltd. and Anr. v. Standford Laboratories Pvt. Ltd.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court Curtails Scope Of Unilateral Appointment Of Arbitrators – Nemo Judex In Causa Sua

    In a recent decision, the Supreme Court of India had the occasion to interpret the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 where it reiterated that a person, who has an interest in the outcome ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court Reiterates The Principle Of Judicial Non-Intervention In The Arbitral Process

    The Hon'ble Supreme Court in a recent judgment in Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd. reiterated the principle of judicial non-intervention in the arbitral process while...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Tackling Deep Fakes: Fair Use Or Infringement Of Personality Rights

    On November 7, 2023, MeitY issued an advisory to social media intermediaries to exercise due diligence in identifying deep fake content on their platforms and take down such content within 36 hours of reporting.
    IndiaMedia, Telecoms, IT, Entertainment
    Phoenix Legal
    Phoenix Legal
  • Article

    Liability Of A Dealer's Wrongful Acts In A Principal-to-principal Contract Cannot Be Fastened On The Manufacturer Where No Special Knowledge Can Be Attributed To It: Supreme Court Of India.

    It is common for automobile manufacturers to enter into dealership agreements with dealers or showroom operators on a principal-to-principal basis.
    IndiaConsumer Protection
    Phoenix Legal
    Phoenix Legal
  • Article

    The Sunshine Sector In "Make In India" – Medical Device Industry Shines As Never Before

    With the rapidly expanding Indian pharmaceutical and healthcare sector over the years, the growth in demand for advanced and innovative medical devices seems to be a natural next step to meet the needs of the sector.
    IndiaGovernment, Public Sector
    Phoenix Legal
    Phoenix Legal
  • Article

    Limits On Inherent Powers: Supreme Court Clarifies Rule 11 In Insolvency Withdrawals

    The Supreme Court in a recent judgment held that the inherent powers under Rule 11 of the National Company Law Appellate Tribunal Rules (NCLAT Rules) cannot be used to circumvent the procedure of
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    ESG: What Project Developers Must Know

    The concept of Environmental, Social and Governance (ESG) had been gaining prominence among the investors and companies over the years, however, the advent of the pandemic has highlighted...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court On Criteria For Granting Interim Injunctions In Trademark Cases: Pernod Ricard India Pvt. Ltd. & Anr. v. Karanveer Singh Chhabra

    In a recent ruling, the Supreme Court has clarified the criteria for granting interim injunctions in cases of trademark infringement and passing off.
    IndiaIntellectual Property
    Phoenix Legal
    Phoenix Legal
  • Article

    Arbitrability' In Times Of Fast Emerging Techno-Centric Businesses In India

    Over the past two decades, India has witnessed significant growth as an arbitration jurisdiction on account of factors including the introduction of crucial legislative changes and judicial precedents, coupled with the necessary sociopolitical.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Bombay High Court Upholds Consolidation Of Claims Under Multiple Similar Contracts In Arbitration Proceedings

    The Bombay High Court in the recent judgment of BST Textile Mills Pvt. Ltd. v. The Cotton Corporation of India Ltd., dismissed the petition which aimed to set aside an arbitral award on the ground that ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Indirect Tax Newsletter

    The Delhi HC in Special Cables Pvt. Ltd.1, held that the 'budgetary-support' benefit under the Scheme of Budgetary Support under Goods and Services Tax Regime to units located in the State of Jammu & Kashmir...
    IndiaTax
    Phoenix Legal
    Phoenix Legal

Showing 181–200 of 507 results

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