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  • Article

    Maharashtra Real Estate Appellate Tribunal Allows Purchasers To Change Reliefs From Seeking Possession To Refund With Interest If Due Process Of Law Was Followed

    The Complainants had executed registered sale agreements dated March 31, 2015 for booking 2 flats bearing numbers 703 and 803 in B1-Building, "F- Residences" at Haveli, Pune.
    IndiaReal Estate and Construction
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Disruption Of The Securities Market – Technology The Reason Or Solution?

    The real world use case of technologies such as artificial intelligence ("AI"), machine learning ("ML"), blockchain and cloud computing has gradually transitioned...
    IndiaTechnology
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    CCI Revises Guidance Note For Merger Control Notifications

    While the entire world is swarmed in critical updates pertaining to redressal during times of COVID-19...
    IndiaAntitrust/Competition Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Significant Beneficial Owner – Tightening The Noose

    The provisions relating to declaration of significant beneficial ownership ("SBO") were introduced in the Companies Act, 2013 ("Act")...
    IndiaCorporate/Commercial Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Employment Corner Bulletin: April - June 2023

    The Ministry of Labour and Employment, via a notification dated June 23, 2023, has declared the uranium industry as a public utility service for the purposes of the Industrial Disputes Act, 1947...
    IndiaEmployment and HR
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Key Employment Law Issues In A Whistleblower Investigation: An Indian Perspective

    India has witnessed a significant increase in the reporting and prosecution of white-collar offences in recent years.
    IndiaEmployment and HR
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The Industrial Relations Code

    The Industrial Relations Code 2020 ("IR Code") merges the Trade Unions Act, 1926 ("Trade Unions Act"), the Industrial Employment (Standing Orders) Act, 1946 ("IESO Act")...
    IndiaEmployment and HR
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The OSHWC Code

    The Occupational Safety, Health and Working Conditions Code, 2020 ("OSHWC Code") deals with health, safety and well-being of employees and replaces 13 central Acts.
    IndiaEmployment and HR
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The "Fifty Times" Dilemma: SC Thaws Long Frozen IP Confusion

    The interplay between copyright protection under the Copyright Act, 1957 ("Copyright Act") and design registration under Designs Act, 2000 ("Designs Act")...
    IndiaIntellectual Property
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Police Custody After Grant Of Anticipatory Bail: The Cart Before The Horse

    In the case of Tusharbhai Rajnikantbhai Shah v. Kamal Dayani & Ors. [SLP (Crl.) 14489/2023 decided on August 07, 2024], the Hon'ble Supreme Court of India (the "Hon'ble Supreme Court") has held that the practice adopted...
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Supreme Court: High Courts And Sessions Courts Can Grant Transit Anticipatory Bail Under Section 438, Cr.P.C. In Cases Where The Fir Has Been Lodged In A Different State

    In a landmark decision, the Hon'ble Supreme Court has expanded the scope of Anticipatory Bail, allowing High Courts and Sessions Courts to grant this protective measure even when the FIR is registered in a different state.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Doctrine Of Relation Back Will Not Apply In Case Application For Oc Made Before Rera Coming Into Force: Assam Reat

    Recently, vide its order, Hon'ble Assam Real Estate Appellate Tribunal at Guwahati ("AREAT") in the case of RDB Realty & Infrastructure Ltd. ("Appellant") Vs. Real Estate...
    IndiaReal Estate and Construction
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Key Facets Of The Consumer Protection Act, 2019 And E-Commerce Rules

    The erstwhile Consumer Protection Act, 1986 and the rules and regulations framed thereunder were formulated with a view to protect the interests of the consumers and prescribed a mechanism for settlement of consumer disputes.
    IndiaConsumer Protection
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Amendment To Foreign Investment Rules: Passing The Baton Back To The Reserve Bank Of India

    When the the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (the "Rules") were first notified in the latter half of 2019,...
    IndiaGovernment, Public Sector
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Intellectual Property Updates From India

    As our country witnesses the second wave of the coronavirus pandemic and its impact, we continue to witness some interesting case updates that took place in the field of Intellectual Property.
    IndiaIntellectual Property
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Recent Legal Developments In India

    2020 年 10 月 8 日,印度证券交易委员 会 (SEBI) 修订了 2015 年 SEBI《上市 义务和披露要求 (LODR)》条例,参 见 2020 年 SEBI《上市义务和披露要求 》(第三次修订)条例(以
    IndiaStrategy
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    RBI Framework For Authorization Of Pan-India Umbrella Entity For Retail Payment

    The Reserve Bank of India (the "RBI") issued a Press Release on August 18, 2020, placing on its website a 'framework for authorization of pan-India umbrella entity for retail payments'...
    IndiaCorporate/Commercial Law
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Fintech Newsletter: Unveiling India's Latest Legal Shifts And Market Waves - April 2024

    As the Indian fintech landscape continues to evolve rapidly, April 2024 was no exception as it sparked an exciting kick off to the financial year.
    IndiaTechnology
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    The Supreme Court Reiterates: Benefit Under Section 34(3) Of The Arbitration Act Accrues Irrespective Of A Section 33 Application’s Merit Or Outcome

    The Supreme Court of India has clarified the interplay between Sections 33 and 34(3) of the Arbitration and Conciliation Act, 1996, establishing that the limitation period for challenging an arbitral award is deferred regardless of the nature or outcome of correction applications filed under Section 33. This landmark ruling addresses whether parties must file simultaneous remedies or can await tribunal decisions on correction applications before initiating challenge proceedings.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Recent Judgement By The Constitution Bench Of The Supreme Court Of India: Unstamped Arbitration Agreements Are Not Valid In Law

    On 25 April 2023, a Constitution Bench of the Supreme Court of India, in a reference from NN Global Mercantile Pvt Ltd v Indo Unique Flame Pvt Ltd, held by a 3:2 majority, that unstamped arbitration agreements...
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW

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