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  • Article

    Enhancing Secure Engagement And Returns Through Small And Medium Real Estate Investment Trusts

    Real estate has long been a cornerstone of wealth creation, offering investors a tangible asset with the potential for steady income and long-term capital appreciation. In the context of India...
    IndiaFinance and Banking
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Bombay High Court Affirms The Applicability Of Section 5 Of The Limitation Act, 1963 Vis-à-vis The Maharashtra Stamp Act, 1958 To Condone Delay In Stamp Duty Refund Applications

    A 2 (two) judge bench of the Hon'ble Bombay High Court ("Bombay HC") in Nanji Dana Patel vs. State of Maharashtra, Through Government Pleader and Others has upheld the applicability of section 5 of the Limitation Act, 1963...
    India
Government, Public Sector
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Demand Notice Under Rule 7 Of Personal Guarantors Rules Does Not Constitute Invocation Of Guarantee

    The National Company Law Appellate Tribunal ("NCLAT"), recently in the case of State Bank of India vs. Mr. Deepak Kumar Singhania, has clarified that a statutory demand notice...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    National Company Law Appellate Tribunal Reinforces Reverse Insolvency Resolution Approach For Real Estate Projects

    In the recent case of Navin M Raheja vs. Vipul Jain and Ors., the Hon'ble National Company Law Appellate Tribunal, New Delhi ("NCLAT") has held that the Corporate Insolvency Resolution Process ("CIRP") against a real estate company should be project-based and should not be extended to all ongoing projects of the real estate company.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    A Consumer Cannot Be Compelled To Arbitrate; Consumer Protection Act, 2019 Is A Special Legislation And Provides A Special Remedy

    The Supreme Court of India, in the case of Smt. Hemalatha Devi & Ors. v. B. Udayasri, has held that the Consumer Protection Act, 2019 is a special legislation and the remedies provided therein are special remedies.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    No Automatic Substitution On Mandate Expiry: Supreme Court Reins In Expansive Reading Of Section 29A(4) Of The Arbitration And Conciliation Act, 1996

    Disputes arose between Viva Highways Limited ("Appellant"), Madhya Pradesh Road Development Corporation Limited and National Highway Authority of India, which were referred to arbitration. During the pendency of the arbitral proceedings, the statutory period prescribed under Section 29A of the Arbitration Act for making the arbitral award was nearing expiry.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Customs

    Post dismissal of assessee’s appeal by the Customs, Excise & Service Tax Appellate Tribunal ("the CESTAT") for non-compliance of its interim order, and subsequent upholding of the interim order by the High Court, even if assessee is ready to comply with the original interim order, the CESTAT has no authority to restore the appeal since according to the Doctrine of Merger, the interim order of the CESTAT stands merged with the High Court order.
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Bombay High Court Holds That Statutory Arbitration Overrides A Contractual Arbitration Clause In The Absence Of An Exclusive Jurisdiction Clause

    The Hon'ble Bombay High Court ("Bombay HC"), in the case of GEA Westfalia Separator India Private Limited vs. SVS Aqua Technologies LLP1, presents a significant legal discourse on arbitration jurisdiction, specifically examining the applicability of the contractual arbitration clause vis-à-vis arbitration conducted under the Micro.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Consent And Consent Managers

    In the third instalment of the Prism series on the Digital Personal Data Protection Act, 2023 ("DPDPA"), we analyse the concepts of ‘Consent' and ‘Consent Manager'.
    IndiaPrivacy
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Revocation Of Gift Deeds: The Supreme Court's Interpretation Of Section 126 Of The Transfer Of Property Act, 1882

    The Hon'ble Supreme Court of India ("Supreme Court") recently in N. Thajudeen vs. Tamil Nadu Khadi and Village Industries Board, examined the questions around revocation of a gift deed inter alia.
    IndiaReal Estate and Construction
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    The Supreme Court Of India Explains The Concept Of Equitable Mortgage As Applicable In India And The Distinction Between Indian Law And English Law Vis-À-Vis The Mortgage By Deposit Of Title Deeds

    The Supreme Court of India ("Supreme Court") in its recent judgement in The Cosmos Co. Operative Bank ltd vs. Central Bank of India and Ors, has held that ...
    IndiaFinance and Banking
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Knowledge Management - Semi-Annual Healthcare Sector Compendium 2024

    This Compendium consolidates all key developments pertaining to the Healthcare sector which were circulated as JSA Newsletters/Prisms from January 2024 till June 2024.
    IndiaFood, Drugs, Healthcare, Life Sciences
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Corporate Insolvency Resolution Process Can Be Initiated Separately And Simultaneously Against A Corporate Debtor And A Corporate Guarantor For The Same Debt And Same Default

    In the case of BRS Ventures Investments Ltd. vs. SREI Infrastructure Finance Ltd. & Anr., the Hon'ble Supreme Court of India ("Supreme Court") held that simultaneous insolvency proceedings...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    An Arbitral Tribunal Has The Power To Implead A Non-signatory To Arbitration Proceedings Under Section 16 Of Arbitration Act

    A single bench of the Bombay High Court ("Bombay HC") has in Cardinal Energy and Infra Structure Private Limited & Anr. v. Subramanya Construction and Development Co. Limited & Ors.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Supreme Court Holds That An Entity Being Subject To Regulatory Guidelines Under A Statute Does Not Automatically Make It Amenable To Writ Jurisdiction

    A recent judgment of the Hon'ble Supreme Court of India has held in S. Shobha vs. Muthoot Finance Ltd., that a body, public or private, should not be categorised as being amenable to writ jurisdiction simply because it is governed by the rules and regulations framed by a statutory regulatory authority.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Indirect Tax Newsletter - November 16, 2012

    Enhances tariff value of gold from USD 556 to USD 561 per 10 gram and of silver from USD 1039 to USD 1058 per kilogram.
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    National Company Law Appellate Tribunal

    National Company Law Appellate Tribunal ("NCLAT") upheld the order passed by the Competition Commission of India ("CCI")...
    IndiaCorporate/Commercial Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    JSA Newsletter | Food And Consumer | October – November 2024

    This bi-monthly (October-November 2024) edition of the JSA Foods and Consumer Newsletter highlights recent regulatory developments focused on consumer protection and the facilitation of food businesses in India.
    IndiaFood, Drugs, Healthcare, Life Sciences
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    A Preference Shareholder Is Not A Financial Creditor Unless The Preference Shares Become Due For Redemption

    EPC Constructions India Limited ("EPC/Petitioner") filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Video

    JSA Mint Leadership Dialogue – Season 2

    Mint Leadership Dialogues – Season 2, presented by Mint in collaboration with JSA Advocates and Solicitors, is a premier thought leadership initiative that brings together India's most influential business leaders...
    IndiaInternational Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
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