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  • Article

    138 Negotiable Instrument Act Update | Presence Of Accused Not To Be Mandatory In Cheque Bounce Cases

    The Rajasthan High Court, in a recent case of Amit Kumar Dave v. State of Rajasthan & Anr, has held that since cheque bounce proceedings initiated under the Negotiable Instruments Act, 1881 ("NI Act") are civil or semi-criminal in nature.
    IndiaCriminal Law
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Fraud Matters Now Can Be Arbitrable

    The Bombay High Court in the case of Nilesh Shejwal v Agrowon Agrotech Industries, has held that "fraud is not arbitrable" is an archaic view. Such a view has now become obsolete and deserves to be discarded.
    IndiaCriminal Law
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Maharashtra Stamp Duty Amnesty Scheme 2023

    The Maharashtra Government vide an Order dated 7 December 2023 introduced ‘ Maharashtra Mudrank Shulk Abhay Yojana 2023' i.e., Maharashtra Stamp Duty Amnesty Scheme – 2023...
    IndiaGovernment, Public Sector
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    IP Update: Protection Of Trade Secrets

    In a recent judgment by the Hon'ble Delhi High Court in the case of Navigators Logistics Ltd. v/s Kashif Qureshi, the Court addressed a pivotal issue surrounding the complexities of classification and protection of trade secrets within the Indian legal framework.
    IndiaIntellectual Property
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Litigation Update | Strike-Off Of Defence On Non-Payment Of Rent

    The High Court of Karnataka at Bengaluru (Court), vide an Order dated 8 July 2025 (Order) in Venugopal Krishnamurthy & Anr. Versus M Tejaswini, has quashed an order of the subordinate court...
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Sarfaesi Update: Supreme Court Lays Down The Principle For Borrower's Right To Redemption Under Sarfaesi Act

    The Supreme Court of India ("Supreme Court") recently clarified its stance on the borrower's right of redemption in Sanjay Sharma v. Kotak Mahindra Bank Ltd.
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Flat Purchasers' Right To Use Parking Spaces

    This update briefly analyses this judgement.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Insufficiency Of Stamp Duty - Treated As Rectifiable

    The High Court of Madhya Pradesh, Indore Bench in a recent Order dated 12 June 2023 once again reconfirmed the position in law that RERA...
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    RERA Update| Builders Now Requires To Declare All The Amenities Alongwith The Timeline

    In a notable effort to safeguard homebuyers and enhance transparency within the real estate industry, the Maharashtra Real Estate Regulatory Authority ("Maha RERA")...
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Detention On The Basis Of A Look Out Notice Amounts To Arrest

    The Bombay High Court, in a recent case of Hem Prabhakar Shah v the State of Maharashtra, has held that when a person is intercepted & detained in pursuance of a Look Out Circular ("LOC"), such a detention is equivalent to an arrest ...
    IndiaGovernment, Public Sector
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Legal Update: Supreme Court Prioritises Investor Claims Over Secured Creditors

    The Supreme Court, in a recent judgement of National Spot Exchange Limited vs Union of India, has held that the provisions of the Maharashtra Protection of Interest of Depositors Act, 1999 ("MPID Act")...
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Supreme Court's Quietus To The Connedrums On Admissibility Of Unstamped Agreement In Arbitration

    Several judicial rulings have addressed contrary judgements on "whether arbitration clause in an unregistered or unstamped agreement would be regarded as valid or invalid?"
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Mahrera Update | Non-Negotiable Clauses In The Agreement For Sale

    Maharashtra Real Estate Regulatory Authority recently published an (Order) regarding amending of certain clauses in the Agreement for Sale by the developers.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Arbitration Update: Madras High Court Recognises Cryptocurrency As Property

    In a landmark judgment delivered by the Hon'ble Madras High Court in Rhutikumari v. Zanmai Labs Pvt. Ltd. & Ors., the Court recognised cryptocurrencies as 'property' under Indian law, capable of being held in trust and protected via interim measures.
    IndiaTechnology
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Litigation Update: Individuals Liability In Case Of One Person Company

    On 3 July 2025, the High Court of Bombay passed an Order setting aside directions passed by Arbitral Tribunal imposing personal liability on sole shareholder of One Person Company (OPC).
    IndiaCorporate/Commercial Law
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Repeal Of Section 213 Of The Indian Succession Act – Removal Of Mandatory Probate Requirement

    The Lok Sabha and the Rajya Sabha have recently passed the Repealing and Amending Bill, 2025 ("Bill"), which abolishes several obsolete enactments and amends specific exis ng laws. Among the most consequen al amendments is the omission of Sec on 213 of the Indian Succession Act, 1925 ("Succession Act").
    IndiaFamily and Matrimonial
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Litigation Update: Bombay HC Strikes Down Arbitrary Slum Acquisition

    This case concerns a recent decision dated 14 October 2025 by the Bombay High Court in the case of NESCO Ltd. v. State of Maharashtra & Ors., wherein Justices G.S.
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Litigation Update: Revision Of The Definiton Of The Term Victim

    The Supreme Court in Asian Paints Limited v. Ram Babu & Another addressed an important question regarding whether an entity that suffers loss from an offence, even if not the original complainant, qualifies as a "victim" ...
    IndiaLitigation, Mediation & Arbitration
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Civil Imprisonment For Promoter – Order Of Maharashtra REAT

    On 02.01.2025, the Maharashtra Real Estate Appellate Tribunal ("REAT") in Atul Prabhu vs. Neptune Ventures & Developers Pvt. Ltd. & Ors. directed civil imprisonment against the promoter/ director for non- compliance with a previous order passed by the REAT.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Real Estate Update I Supreme Court: Property Registration Alone Does Not Confer Ownership

    In a landmark judgment, the Hon'ble Supreme Court of India in K. Gopi v. Sub-Registrar and Others (2025 SCC OnLine SC 740) has declared Rule 55A(i) of the Tamil Nadu Registration Rules...
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company

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