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  • Article

    Financial Creditors vs. Operational Creditors: Supremacy Decided By The Supreme Court In Essar Judgment

    The case between CoC of Essar Steel v. Satish Kumar Gupta, in a series of petitions filed in the apex court finally paved way for its final verdict on November 15, 2019.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    TaxBuzz... November 2017

    Supreme Court holds that outsourcing services provided by E-Funds Corporation, USA to its Indian affiliate does not constitute Permanent Establishment under the India-USA Tax Treaty.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    The Income Declaration Scheme, 2016

    Vide Finance Act, 2016, the Government inserted Chapter-IX providing for Income Declaration Scheme'2016 (‘the Scheme').
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Directs Investigation Against Bookmyshow For Allegedly Abusing Its Dominant Position Through Exclusive Contracts With Cinemas

    Here is another blow for the e-commerce giants operating in Indian markets. The fair market watchdog, the Competition Commission of India ("CCI/Commission")...
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Dismisses Allegations Of Anti-Competitive Conduct Against NTPC Limited

    Though the Order is not final and appealable, CCI in this prima facie order has recognized the sanctity of and has refused to intervene in the long term Power Purchase Agreements (PPA) ...
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    CCI Penalizes Maruti Suzuki For Resale Price Maintenance In India

    India's leading car brand, Maruti Suzuki, was found guilty of unfairly controlling freedom of its dealers to give discounts on cars sold thereby controlling the resale price of its cars.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Competition Commission Of India (CCI) To Investigate Global Hybrid Seeds Giant Monsanto For Abuse Of Dominance In Relation To Alleged Excessive And Discriminatory Royalties For Bt Cotton Seeds

    This CCI order raises an important issue which places the manner of enforcement of intellectual property rights in India vis-à-vis the competition law under question.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Intel Suffers Humiliating Defeat In India-Writ Petition Challenging CCI Order Directing Investigation Dismissed With Cost Of INR One Million By Karnataka High Court

    The Karnataka High Court at Bangalore, vide its judgment dated 23 August 2022 came down heavily on Intel Inc. USA and its Indian subsidiary, the Intel Technology India Pvt Ltd
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Consequential Damages Under The Indian Contract Act, 1872

    The Indian Contract Act, 1872 ("Act") governs the law of contracts in India and is predominantly based on English common law.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Balancing Justice And Deterrence: Section 4 Of The PMLA

    In the intricate tapestry of legal frameworks, Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA) emerges as a crucial thread that weaves together punishment and deterrence...
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Money Laundering: Evolving Techniques And Global Impact

    As time passes, so do the techniques employed by money launderers. With increasing innovation and the advent of the internet, criminals are finding new ways to hide and transfer...
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Property Attachment Under PMLA

    In the realm of money laundering prevention, the concept of property attachment assumes a paramount role. Central to this process is the understanding of "proceeds of crime," a term...
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Between The Lines... March, 2018

    IV. Fresh proceedings before NCLT under IBC admissible regardless of winding up petitions before Company Court admitted and pending disposal
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Enforcement Of Intellectual Property Rights Through Customs

    Apart from the various remedies provided under the IP Laws in India, one of the most efficient ways to protect and enforce intellectual property rights is through Custom Act, 1962
    IndiaIntellectual Property
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Can A WhatsApp Group Administrator Be Held Liable For Content Posted By A Group Member?

    On February 25, 2021 the Press Information Bureau released some telling statistics to go along with the recently announced Information Technology Rules, 2021 by the Ministry of Information.
    IndiaMedia, Telecoms, IT, Entertainment
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Jaypee Not Dominant In NOIDA? Has CCI Given The Last Word On Real Estate?

    In nutshell, the present order of CCI in the Jaypee case, shows that the analysis of "relevant market" is yet to evolve to an extent to lay down a settled jurisprudence for the determination of dominant position for real estate sector.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    The Rise, Fall, And Rebirth Of Yezdi A Trademark Tale

    The trademark ‘YEZDI' along with being a brand name also signifies a relevant time in India's motorcycling industry.
    IndiaIntellectual Property
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Between The Lines - January 2023

    The Supreme Court, vide its judgment dated December 13, 2023, in the matter of Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Discharge vs. Quashing Of Complaints In Criminal Prosecutions

    In criminal prosecutions, it becomes important to analyze the remedies available with the accused in, especially the option of choosing between the filing an application for discharge or approaching...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Discharge vs. Quashing In Criminal Prosecutions Under The (Indian) Income Tax Act

    In view of the numerous complaints filed by the income Tax Department for criminal prosecutions under the Income Tax Act, it becomes important to analyze the remedies available with the accused in these cases...
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates

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