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  • Article

    Contract Of Service Or Contract For Service: The Supreme Court Test

    Dr. Alpesh I. Gandhi ("Deceased"), a surgeon, had entered into a contract dated May 4, 1996 with the Institute.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    The National Medical Commission Act, 2019. A look : Part 1

    The National Medical Commission Act, 2019 (NMC Act) has been notified vide the Gazette Notification dated August 8, 2019.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Put-Option Holders: Financial Creditors Under The IBC?

    In its recent judgment in the case of Jignesh Shah v. Union of India (Jignesh Shah), a three-judge bench of the Supreme Court set aside the NCLAT judgment in the case of Pushpa Shah v. IL&FS ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Decommissioning Of Oil And Gas Production Fields On High Seas

    The Exploration and Production basins usually mature in about 20-30 years.
    IndiaEnergy and Natural Resources
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    CCI Reprimands Film Industry Trade Unions For Engaging In Anti-Competitive Behaviour

    Further, if producers hired non-members, there were instances of the Artists' Associations stalling shoots, levying penalties and issuing non-cooperative directives.
    IndiaAntitrust/Competition Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Investment Through The Voluntary Retention Route: Fresh Push For FPI In Corporate Debt?

    As the Indian economy has grown over the years, so have the means of raising foreign debt by Indian companies.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Never-Ending Saga: Are The Assets/Monies Distributed To Retiring Partners Taxable?

    Disputes involving whether capital gains taxes are leviable on sums/assets paid to retiring partners has been a subject matter of litigation for several decades now.
    IndiaTax
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    To Bet Or Not To Bet

    They say cricket is not a game, it is a religion. In 2019, the India – Pakistan ICC World Cup match saw a viewership of 229 million within India itself.
    IndiaMedia, Telecoms, IT, Entertainment
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    India Makes It Into Top 100 In ‘Ease Of Doing Business' Rankings

    Three years ago, India's Prime Minister Mr. Narendra Modi, had expressed his desire to see India amongst the top 50 nations in terms of ease of doing business.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Ministry Of Corporate Affairs Circulars – Are They Legally Enforceable?

    The Ministry of Corporate Affairs (MCA) has been entrusted with the responsibility of administering the Companies Act, 2013 (Act).
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Arbitrator's Power To Recall Its Order Of Termination Of Arbitral Proceeding- A Tale Of Dubiety? (Part I)

    This article analyses the legal basis and the genesis of the power of an arbitrator to recall its order of termination of proceeding on account of default of the Claimant.
    IndiaLitigation, Mediation & Arbitration
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    India's Tough New Corporate Governance Regime – Impact On Promoters

    In recent years, the issue of corporate governance in India has been a hot topic of discussion.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Introduction To The Human Immunodeficiency Virus And Acquired Immune Deficiency Syndrome (Protection And Control) Act, 2017

    The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Protection and Control) Act, 2017 (the Act) was enacted on September 10, 2018.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    International Investment Arbitrations and International Commercial Arbitrations: A Guide to the Differences

    A foreign investor's power to sue a host State plays a vital role in investment protection.
    IndiaLitigation, Mediation & Arbitration
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Private Enforcement Under Indian Competition Law – A Roadmap

    In the appeal, the COMPAT upheld the CCI's finding that NSE had abused its dominant position, as well as the penalty and directions given by the CCI.
    IndiaAntitrust/Competition Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    The National Medical Commission Act, 2019. Community Health Providers: Legitimate Or Not

    This blog post is part of a multi-part series. Our previous posts 1, 2 covered the salient features of the National Medical Commission Act,
    IndiaFood, Drugs, Healthcare, Life Sciences
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    How The Penny Drops– An Examination Of The Bombay High Court's New Rules On Arbitral Tribunal Fees

    The provisions for appointment of an arbitrator, under Section 11 of the Arbitration and Conciliation Act, 1996 (Act), underwent a sea change with the 2015 amendments.
    IndiaLitigation, Mediation & Arbitration
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Over The Counter Drugs – Regulatory Clarity On The Horizon

    Over The Counter (OTC) drugs are drugs that can be sold by pharmacists without a prescription from a Registered Medical Practitioner (RMP).
    IndiaFood, Drugs, Healthcare, Life Sciences
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    To Pay Rent Or Not To Pay Rent? The Delhi High Court Rejects Plea For Suspension Of Rent During Lockdown

    The COVID-19 outbreak and the resultant nationwide lockdown have severely impacted performance of obligations, whether contractual or otherwise, across the country.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    2019 IBC Amendment Bill: Swift Action For Course Correction

    The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas

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