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  • Article

    Supreme Court: Dues Under The SARFAESI Act Will Prevail Over MSMED Act

    The Supreme Court of India in the case of Kotak Mahindra Bank Limited vs. Girnar Corrugators Pvt. Ltd. and Ors. has held that the provisions of the SARFAESI Act for recovery of dues payable to a secured creditor ...
    IndiaFinance and Banking
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    National Company Law Tribunal, Hyderabad (Upholding The Interests Of Creditors) Permits Distribution Of Surplus Funds Generated By The Corporate Debtor During Its Ongoing Corporate Insolvency Resolution Process, To Its Creditors

    On August 5, 2024, the National Company Law Tribunal ("NCLT"), Hyderabad Bench in the corporate insolvency resolution process ("CIRP")...
    India
Insolvency/Bankruptcy/Re-Structuring
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Promoting Prudent Practices In Risk Management Related To Outsourcing Activities By Insurers

    To safeguard the interest of policyholders and offer guidelines to insurers while outsourcing certain activities, IRDAI issued IRDAI (Protection of Policyholders' Interests and Allied Matters of Insurers) Regulations...
    IndiaInsurance
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Availability Of An Alternative Efficacious Remedy Will Not Bar Invocation Of Writ Jurisdiction Under Article 226

    A 2 (two)judge bench of the Hon'ble Supreme Court of India held that a mere availability of an alternative remedy of appeal / revision would not oust the jurisdiction of the High Court under Article 226 of the Constitution of India ...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Pre-litigation Mediation Under Section 12A Of The Commercial Courts Act, 2015 Is Mandatory To File A Counterclaim In A Commercial Suit

    The single bench of the Hon'ble High Court of Delhi ("Delhi High Court") in Aditya Birla Fashion and Retail Limited vs. Saroj Tandon has held that pre-litigation...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Supreme Court Of India Holds That An Arbitration Agreement Will Be Governed By Indian Law Where Foreign Location Is Not The Seat But Is Only The Venue Of Arbitration, And The Substantive Contract Is Governed By Indian Law

    In a recent judgment, the Supreme Court of India in Disortho S.A.S vs. Meril Life Sciences Private Limited has exercised jurisdiction under section 11 (6) of the Arbitration and Conciliation Act, 1996 and appointed a sole arbitrator...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Draft Telecommunications (Authorisation For Provision Of Miscellaneous Telecommunication Services) Rules, 2025

    Under the Miscellaneous Services Rules, authorisations are classified into 7 (seven) categories:
    IndiaMedia, Telecoms, IT, Entertainment
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    JSA Prism Telecommunications - July 2023

    The Telecom Regulatory Authority of India ("TRAI") through its notification dated July 7, 2023 released a consultation paper on Regulatory Mechanism for Over-The-Top ("OTT")...
    IndiaMedia, Telecoms, IT, Entertainment
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Telecommunication Right Of Way Rules, 2024

    On September 19, 2024, the Department of Telecommunications issued the Telecommunications Right of Way Rules
    IndiaMedia, Telecoms, IT, Entertainment
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024

    On November 22, 2024, the Department of Telecommunications notified the Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024 ("CTI Rules").
    IndiaMedia, Telecoms, IT, Entertainment
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Indirect Tax Proposals In The Union Budget, 2021 – A Brief Analysis

    When Hon'ble Finance Minister presented the Union Budget on February 1, she had an unenviable task at hand.
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Revised MeitY Advisory On Deployment Of AI Models

    On March 1, 2024, the Ministry of Electronics and Information Technology ("MeitY") issued an advisory ("Old Advisory") in continuation to the advisory dated 23 December 2023 ("December Advisory")
    IndiaTechnology
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Bharatiya Vayuyan Vidheyak To Enable Modernisation Of India's Aviation Sector

    In a historic move, on 05.12.2024, Parliament has passed the Bharatiya Vayuyan Vidheyak, 2024 ("2024 Act") to replace the colonial period legislation i.e. Aircraft Act, 1934 ("Aircraft Act") with an
    IndiaTransport
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    JSA Prism | Electric Vehicle | November 2024

    On October 4, 2024, the Ministry of Power ("MoP") issued ‘Guidelines for Installation and Operation of Battery Swapping and Battery Charging Stations' ("BSS & BCS Guidelines").
    IndiaTransport
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Madras High Court Directs That Every Employer Under The Apprentice Act, 1961 Must Formulate An Apprenticeship Policy Even If There Is A General Ban On Recruitment

    In a recent ruling, the Madras High Court ("MHC"), in G. Sakthivel & Ors. vs. Union of India & Ors.1 held that it is mandatory for every employer to formulate an Apprenticeship Policy ("Policy")...
    IndiaTransport
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Rights Shield For Minority Shareholder

    Reserved or veto or affirmative vote matters or consent rights are a bunch of contractually-agreed matters provided in a joint venture agreement or a shareholders agreement that need consent of all the partners before being approved and implemented.
    IndiaCorporate/Commercial Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Time To Fine-Tune Companies Act

    We are at the closing of the first year of implementation of the new Companies Act.
    IndiaCorporate/Commercial Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Bombay High Court Upholds The Authority Of The State Of Maharashtra To Levy Stamp Duty On Delivery Orders Under The Maharashtra Stamp Act, 1958

    The division bench of the Bombay High Court ("Bombay HC") has in Saurer Textile Solutions Pvt Ltd v. The State of Maharashtra & Ors and Connected Writ Petitions1 ("Writ Petitions")...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    The Supreme Court Of India Clarifies The Law On Registration And Stamping Of A Sale Certificate Issued In Pursuance Of An Auction Sale By A Court

    The Supreme Court of India in its recent judgement in The State of Punjab and Another vs. Ferrous Alloy Forgings Private Limited and Ors1, has held that (a) a sale certificate issued under the Code of Civil Procedure, 1908.
    IndiaReal Estate and Construction
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    JSA Successfully Represented T.P. Kirnali Limited (A Group Company Of Tata Power) Before Maharashtra Electricity Regulatory Commission, In Obtaining Change In Law Compensation Granted Due To Increase In Rate Of Goods And Services Tax And Basic Customs Duty

    By an order dated May 21, 2024 ("Order"), the Hon'ble Maharashtra Electricity Regulatory Commission ("MERC") in Case No. 244/AD/2022 held that T.P Kirnali Limited was impacted...
    IndiaEnergy and Natural Resources
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
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