ArticleRay Of Hope: The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2018The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (Ordinance) has been promulgated by the President of India on June 6, 2018.IndiaInsolvency/Bankruptcy/Re-StructuringPhoenix Legal
ArticleGround Of 'Patent Illegality' Of Arbitral Award Also Applicable To Appeal Under Section 37 Of Arbitration Act: Supreme Court Of IndiaIn a recent judgment in State of Chhattisgarh and Anr. v. M/s Sal Udyog Pvt. Ltd. the Hon'ble Supreme Court held that the ground of 'patent illegality' for setting aside an arbitral award is equally applicable to an appealable order ...IndiaIntellectual PropertyPhoenix Legal
ArticleSupreme Court On Criteria For Granting Interim Injunctions In Trademark Cases: Pernod Ricard India Pvt. Ltd. & Anr. v. Karanveer Singh ChhabraIn a recent ruling, the Supreme Court has clarified the criteria for granting interim injunctions in cases of trademark infringement and passing off.IndiaIntellectual PropertyPhoenix Legal
ArticleArbitrability' In Times Of Fast Emerging Techno-Centric Businesses In IndiaOver 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 & ArbitrationPhoenix Legal
ArticleBombay High Court Upholds Consolidation Of Claims Under Multiple Similar Contracts In Arbitration ProceedingsThe 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 & ArbitrationPhoenix Legal
ArticleLimitation Period For Filing A Petition Under Section 34 Of The Arbitration And Conciliation Act, 1996 To Reckon From The Date Of Receipt Of Signed Copy Of The Arbitral Award By The PartiesIn its recent judgment in the case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s Navigant Technologies Pvt. Ltd., the Hon'ble Supreme Court reiterated its position on the period of limitation applicable on a petition filed under Section 34 ...IndiaLitigation, Mediation & ArbitrationPhoenix Legal
ArticleFree Speech v. Regulation: New Rules For BroadcastersAfter setting up a three-tier grievance redressal mechanism for digital media, the Central Government has now incorporated a similar structure for broadcasters and advertisers. IndiaMedia, Telecoms, IT, EntertainmentPhoenix Legal
ArticleSupreme Court Of India: Crusader Of Internet FreedomMuch praise has been heaped on India's top court, and the decision has been lauded as being a step in the right direction towards preserving the Internet freedom of the citizens of India.IndiaMedia, Telecoms, IT, EntertainmentPhoenix Legal
ArticleIndirect Tax NewsletterThe 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...IndiaTaxPhoenix Legal
ArticleRajasthan High Court Emphasizes On The Binding Nature Of Resolution Plans On Pending Government DuesIn the recent judgment of Ultra Tech Nathdwara Cement Ltd. v. Union of India and Ors. , the division bench of the Rajasthan High Court ("High Court"), laid much required emphasis on the amendmentsIndiaTaxPhoenix Legal
ArticleThe Uncertain Future Of Service Tax On Interchange FeesGoods and Services Tax was introduced in India in July 2017 replacing the erstwhile taxation regime of multiple taxes applicable on business transactions. IndiaTaxPhoenix Legal
ArticlePrior CCI Approval Mandatory For Resolution Plans Involving Combinations: Supreme CourtIn a recent decision , the Supreme Court of India (Court), interpreted the proviso to Section 31(4) of the Insolvency and Bankruptcy Code, 2016 (IBC) and held that, where a resolution plan provides for a combination under the Competition Act, 2002.IndiaAntitrust/Competition LawPhoenix Legal
ArticleUnion Budget 2016-17: Waltzing To StabilityNow that the dust has settled, and the din has died down, and the sound-bytes have shot into the ether, and the op-eds have swung between utter condemnation and relentless fawning...IndiaGovernment, Public SectorPhoenix Legal
ArticleCCI Imposes Penalty Of INR 17.88 Billion On Five Tyre Manufacturers For CartelisationThe Competition Commission of India ("CCI") in Re: Ministry of Corporate Affairs and Apollo Tyres and Ors. by an order dated 31 August 2018 ("CCI Order") imposed a collective penalty of INR 17.88 billion on five tyre companies and their association.IndiaAntitrust/Competition LawPhoenix Legal
ArticleIBC: Balance & Security Confirmation Letters Sufficient Acknowledgment Of Debt For Extending Limitation Under Section 18 Of The Limitation ActThe National Company Law Appellate Tribunal, Chennai Bench ("NCLAT") in its recent judgement 'Lakshmi Narayan Sharma v. Punjab National Bank', held that 'balance and security confirmation letters'...IndiaFinance and BankingPhoenix Legal
ArticleInsolvency & Bankruptcy Code: Government Entities Bound By Provisions Of Resolution Plan Thus Forbidden From Initiating/continuing Proceedings Not Forming A Part Of The PlanIn a recent decision, the National Company Law Appellate Tribunal, Chennai Bench (NCLAT) held that the claims as provided in the resolution plan shall stand frozen and will be binding...IndiaInsolvency/Bankruptcy/Re-StructuringPhoenix Legal
ArticleNavigating The New Norm: The DPDPA's Critical Impact On Journalism In The Digital AgeThe Digital Personal Data Protection Act, 2023 ("DPDPA" or the "Act") is a landmark legislation enacted to safeguard the personal and sensitive data of individuals in India.IndiaPrivacyPhoenix Legal
ArticleFrom Vodafone To Cairn And Back: A Taxing Journey Towards Making India A Global Investment HotspotThe Act has given a go-by to the provisions under the Income Tax Act, 1961 which enabled the tax authorities to impose retrospective capital gains tax on foreign entities selling their shares in IndiaIndiaTaxPhoenix Legal
ArticleImplications Of The Maharashtra AAAR Order In Cummins India – ISD Vs Cross ChargeUnder GST law, different state branches/ units, have their own GST registration and are referred to as "distinct persons". IndiaTaxPhoenix Legal
ArticleUnion Budget 2022Set out below is a summary of key tax proposals announced in the Union Budget 2022.IndiaTaxPhoenix Legal