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  • Article

    NCLAT Redefines Limitation In Filing Competition Appeals

    By way of judgement dated 29 May 2020, the Hon'ble National Company Law Appellate Tribunal ("NCLAT") has dismissed an appeal against order dated 28 November 2017 passed by the...
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Compounding Authority And Their Underlying Pecuniary Jurisdiction Under FEMA

    The Ministry of Finance notified Foreign Exchange (Compounding Proceedings) Rules, 2024 ("Rules") on September 12, 2024
    IndiaFinance and Banking
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Provisions Of PMLA Can Be Invoked Against The Abettor Of A Scheduled

    The petitioner in this case titled Anand Chauhan vs. Directorate of Enforcement http://lobis.nic.in/ddir/dhc/VSA/judgement/10-04-2017/VSA10042017BA22412016.pdf / MANU/DE/0928/2017.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Laws Relating To Wages In India

    The Minimum Wages Act, 1948 (the Minimum Wages Act) provides for fixing of minimum rates of wages in certain employments.
    IndiaEmployment and HR
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Between The Lines... November, 2020

    The Hon'ble High Court of Delhi ("DHC") has in its judgement dated October 22, 2020 ("Judgement") in the matter of Sanjiv Prakash v. Seema Kukreja and Others [ARB. Pet. 4/2020]
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Clause Stating Redressal Of The Dispute May Be Sought Through Arbitration Is Not A Valid Arbitration Agreement

    In a significant ruling, the Hon'ble Supreme Court in BGM And M-RPL-JMCT (JV) v. Eastern Coalfields Limited, 2025 INSC 874, clarified that a clause stating redressal of the dispute may be sought through arbitration is not a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Closes Allegation Of Cartel Against 37 Suppliers Of Signaling Cables To Indian Railways

    As a result the quoted rates for Railway Signalling Cables were higher in comparison to the prevailing market rates.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Anti-Suit Injunctions-When And How Granted In India

    Where only one Court has jurisdiction it is said to have exclusive jurisdiction; where more courts than one have jurisdiction over a subject-matter, they are called courts of available or natural jurisdiction.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    ITAT Delhi Rejects The Allegation Of Constitution Of Permanent Establishment Of Foreign Enterprise Having Subsidiaries In India Sans Satisfaction Of Disposal Test

    The Delhi Bench of Income tax Appellate Tribunal, in its recent ruling, allowed the appeal of the foreign company thereby rejecting the allegation of tax authorities on the issue of constitution of Permanent establishment in India, which will have significant bearing on the tax positions taken by multinational companies having subsidiaries in India.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Person Cannot Be Prosecuted For The Offence Committed Prior To The Inclusion Of Such Offence In The Schedule Of Scheduled Offence Under PMLA (PML Act) (India AML Law)

    The fact is that the amended provisions of the PML Act, as amended by the Prevention of Money Laundering (Amendment) Act, 2009, came into operation on the appointed date, that is, June 1, 2009.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Copyright Law In India

    Indian copyright law is at parity with the international standards as contained in TRIPS.
    IndiaIntellectual Property
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Doing Litigation In India

    India has well defined substantive and procedural laws along with a well-established system of judicial enforcement of rights.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Dismisses Complaint Of Bid Rigging By Eastern Railways Against Laxven And Medha Servo In Procurement Of Microprocessor Systems

    The Commission, accordingly, decided that no case of bid rigging is made out in the said tender.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Further Amends Combination Regulations - Minority Acquisitions Left Untouched

    The amendment was proposed to bring down this to 5% with strong caveats.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    NCLAT Rejects Appeal Of Confederation Of All India Traders Against CCI Decision Approving Acquisition Of Flipkart By Walmart

    The National Company Law Appellate Tribunal ("NCLAT"), vide judgment dated 12.03.2020, has upheld the order dated 08.08.2018 passed by the Competition Commission of India.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    PMLA Act- A Means Of Exploitation In The Hands Of Enforcement Department

    The Authorities cannot bypass the legislative intent using the tool of arbitrary discretion and need to abide by the legislative wisdom behind a particular provision.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Pre-Requisites For A Valid Provisional Attachment Order Under PMLA (AML Laws India)

    Following are the pre-requisites for a valid provisional attachment order under PMLA:-
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Dismisses Allegation Of IATA Of Cartelization Against Air Cargo Agents Association Of India

    The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Supreme Court Resolves Regulatory Ambiguity Between IBC And The Competition Act

    The Competition Act, 2002 mandates the Competition Commission of India ("CCI") to regulate large sized mergers and acquisitions beyond high value thresholds...
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Legalaxy - Monthly Newsletter - July 2025

    In the July edition of our monthly newsletter "Legalaxy", our team analyses some of the key developments in securities market, banking and finance, corporate affairs, labour and consumer affairs.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates

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