ArticleContract Of Service Or Contract For Service: The Supreme Court TestDr. Alpesh I. Gandhi ("Deceased"), a surgeon, had entered into a contract dated May 4, 1996 with the Institute. IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleThe National Medical Commission Act, 2019. A look : Part 1The National Medical Commission Act, 2019 (NMC Act) has been notified vide the Gazette Notification dated August 8, 2019. IndiaFood, Drugs, Healthcare, Life SciencesCyril Amarchand Mangaldas
ArticlePut-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-StructuringCyril Amarchand Mangaldas
ArticleDecommissioning Of Oil And Gas Production Fields On High SeasThe Exploration and Production basins usually mature in about 20-30 years. IndiaEnergy and Natural ResourcesCyril Amarchand Mangaldas
ArticleCCI Reprimands Film Industry Trade Unions For Engaging In Anti-Competitive BehaviourFurther, if producers hired non-members, there were instances of the Artists' Associations stalling shoots, levying penalties and issuing non-cooperative directives.IndiaAntitrust/Competition LawCyril Amarchand Mangaldas
ArticleInvestment 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 LawCyril Amarchand Mangaldas
ArticleNever-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. IndiaTaxCyril Amarchand Mangaldas
ArticleTo Bet Or Not To BetThey 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, EntertainmentCyril Amarchand Mangaldas
ArticleIndia Makes It Into Top 100 In ‘Ease Of Doing Business' RankingsThree 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 LawCyril Amarchand Mangaldas
ArticleMinistry 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 LawCyril Amarchand Mangaldas
ArticleArbitrator'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 & ArbitrationCyril Amarchand Mangaldas
ArticleIndia's Tough New Corporate Governance Regime – Impact On PromotersIn recent years, the issue of corporate governance in India has been a hot topic of discussion.IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleIntroduction To The Human Immunodeficiency Virus And Acquired Immune Deficiency Syndrome (Protection And Control) Act, 2017The 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 SciencesCyril Amarchand Mangaldas
ArticleInternational Investment Arbitrations and International Commercial Arbitrations: A Guide to the DifferencesA foreign investor's power to sue a host State plays a vital role in investment protection. IndiaLitigation, Mediation & ArbitrationCyril Amarchand Mangaldas
ArticlePrivate Enforcement Under Indian Competition Law – A RoadmapIn 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 LawCyril Amarchand Mangaldas
ArticleThe National Medical Commission Act, 2019. Community Health Providers: Legitimate Or NotThis 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 SciencesCyril Amarchand Mangaldas
ArticleHow The Penny Drops– An Examination Of The Bombay High Court's New Rules On Arbitral Tribunal FeesThe 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 & ArbitrationCyril Amarchand Mangaldas
ArticleOver The Counter Drugs – Regulatory Clarity On The HorizonOver 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 SciencesCyril Amarchand Mangaldas
ArticleTo Pay Rent Or Not To Pay Rent? The Delhi High Court Rejects Plea For Suspension Of Rent During LockdownThe COVID-19 outbreak and the resultant nationwide lockdown have severely impacted performance of obligations, whether contractual or otherwise, across the country.IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
Article2019 IBC Amendment Bill: Swift Action For Course CorrectionThe 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-StructuringCyril Amarchand Mangaldas