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  • Article

    Insolvency And Bankruptcy Code, 2016 - Weekly Updates (August 21-26, 2019)

    The NCLAT, while referring to Binani Industries Limited vs. Bank of Baroda and Anr.2018 SCC Online NCLAT 521, observed that CIRP is not a ‘suit' or a ‘litigation' or a ‘money claim' for any litigation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Procedure For Financial Creditors Under "IBC"

    The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Arbitration And Conciliation Act, 1996 - Arbitration Clause Cannot Oust The Jurisdiction Of Consumer Courts

    The appellant (hereinafter referred to as Emaar MGF) is a company which has acquired and purchased land to develop an integrated township in District Mohali, Punjab.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    Supreme Court On Waiver Of Right To Object

    The Respondent, a business of infrastructure development activities approached the Claimant who is engaged in a business of providing equipment for infrastructure activities.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    Personal Guarantor Has No Right Against Corporate Debtor

    The liability of the guarantors is co-extensive with the borrower and the IB Code is not a recovery suit.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Vivad Se Vishwas - A Lifetime Opportunity To Settle Litigation(s)

    The Finance Minister Ms. Nirmala Sitharaman during her maiden budget, presented on 1st February, 2020, declared an amnesty scheme namely "Vivad Se Vishwas" – A Dispute Resolution Scheme 2020".
    IndiaTax
    AMLEGALS
    AMLEGALS
  • Article

    ‘Venue' Of Arbitration Can Be The ‘Seat' Of Arbitration – Supreme Court Larger Bench

    There was a contractual relationship between the parties, HEPI and Union of India which was governed through a production sharing contract entered in November, 1996 for the extraction, development ...
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    Contractual Agreements During And Post COVID-19

    COVID-19 has had a major impact on contractual obligations all across the globe. The Pandemic has brought the world to a standstill.
    IndiaCoronavirus (COVID-19)
    AMLEGALS
    AMLEGALS
  • Article

    Monopoly Cannot Be Claimed On Words Being Common To Trade

    In the present case, M/s. ITC Limited (hereinafter referred to as "the Plaintiff") is a well-known company and had successfully diversified into Fast Moving Consume Goods Sector in the year 2010.
    IndiaIntellectual Property
    AMLEGALS
    AMLEGALS
  • Article

    Triple Test Parameter For Detection Of Trademark Infringement

    The Plaintiff No. 1 Company was incorporated in 1980 and the word ‘SUMEET' has been an integral ingredient of its corporate name.
    IndiaIntellectual Property
    AMLEGALS
    AMLEGALS
  • Article

    Litigation Financing- General Perspective

    A third party who independently provides funds to parties for a dispute in exchange of a fraction of monetary rewards that is recovered from the proceedings is called Litigation Financing.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    Can A Losing Party Of The Arbitral Award Further Seek An Order Under Section 34 Of The Arbitration And Conciliation Act, 1996?

    The Petitioners and the Respondents entered into two contracts dated 2nd September, 2011 wherein the Petitioners were allotted the work of construction...
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    Covid-19 Impact On Food Industry

    The Ministry of Home Affairs vide order no 40-3/2020-D dated 24.03.2020 has included shops, ration shops, which are dealing in food, groceries, fruits and vegetables, and other food products also as essential commodities ...
    IndiaCoronavirus (COVID-19)
    AMLEGALS
    AMLEGALS
  • Article

    Pandemic Legal Intelligence - Food Industry In COVID - 19 times

    Whether the food supplies will be available during the period of complete lockdown?
    IndiaCoronavirus (COVID-19)
    AMLEGALS
    AMLEGALS
  • Article

    BEST Practices In Rights Issue

    Rights Issue is an issue of capital under Section 62 of Companies Act, 2013 and SEBI (ICDR) Regulations, 2009; wherein offer of specified securities by a listed issuer is made to the existing shareholders as on the record date.
    IndiaCorporate/Commercial Law
    AMLEGALS
    AMLEGALS
  • Article

    Application Of Amended Provision Under The 2015 Amended Act, Impact Of No Dues Certificate And Exhaustion Of Remedies Under Arbitration Agreement

    In this case, the respondents were registered contractors with the railway establishment and undertaking work contracts of various kinds.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    MEDICAL NEGLIGENCE- Can It Be Pardoned?

    Medical profession is considered to be the most pious and responsible profession amongst others.
    IndiaFood, Drugs, Healthcare, Life Sciences
    AMLEGALS
    AMLEGALS
  • Article

    Insolvency And Bankruptcy Code Overrides Prevention Of Money Laundering Act

    "No attachment can be ordered under the Prevention of Money Laundering Act, 2002 with respect to the assets of the Coprorate Debtor undergoing insolvency process."
    IndiaGovernment, Public Sector
    AMLEGALS
    AMLEGALS
  • Article

    Supplier In MSMED Act

    RIPL issued two work orders in the later part of the year 2009.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS
  • Article

    "Seat Of Arbitration" And "Venue Of Arbitration" Cannot Be Used Synonymously

    The Petitioner had entered into three Time Charter Party Agreements (hereinafter referred to as the "Agreements") with the Respondent which were identical to each other.
    IndiaLitigation, Mediation & Arbitration
    AMLEGALS
    AMLEGALS

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