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  • Article

    Case Update: Stone Hill Education Foundation V The Union Of India And Ors

    In a landmark judgment of Stone Hill Education Foundation v. Union of India and Ors. (WP No. 18486/2012), the Karnataka High Court ("KHC"), declared certain provisions regulating the provident fund contributions...
    IndiaLitigation, Mediation & Arbitration
    Samvad Partners
    Samvad Partners
  • Article

    The Maternity Benefit (Amendment) Bill, 2016 – A Step Forward

    This is an update on the Maternity Benefit (Amendment) Bill, 2016, which has recently received assent from the Rajya Sabha on August 11, 2016.
    IndiaEmployment and HR
    Samvad Partners
    Samvad Partners
  • Article

    Brief On The Notification Of Section 4A Of The Payment Of Gratuity Act

    The Payment of Gratuity Act, 1972 ("Act") obligates the procedure and payment of gratuity to employees who have been employed at organizations, as prescribed under the Act.
    IndiaInsurance
    Samvad Partners
    Samvad Partners
  • Article

    Payment Of Wages Act – Salary Threshold Revised

    The Wages Act regulates the payment of wages to persons employed in factories, railways, industrial and other establishments specified under the Wages Act.
    IndiaEmployment and HR
    Samvad Partners
    Samvad Partners
  • Article

    Enforceability Of Arbitration Agreements Arising Out Of Unstamped Or Insufficiently Stamped Contracts

    A seven-judge bench of the Hon'ble Supreme Court ("Second Constitution Bench") in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996...
    IndiaLitigation, Mediation & Arbitration
    Samvad Partners
    Samvad Partners
  • Article

    Dematerialisation Of The Shares Of Private Companies

    Certain amendments have been made to the Companies (Prospectus and Allotment of Securities) Rules, 2014 ("PAS Rules"), vide notification G.S.R. 802 (E) dated October 27, 2023 ("PAS Amendment Rules").
    IndiaCorporate/Commercial Law
    Samvad Partners
    Samvad Partners
  • Article

    Third Party Funding In Arbitration - The Case Of ‘Tomorrow Sales Agency v. SBS Holdings'

    Can a third-party funder be held liable to pay amounts under an arbitral award where the funder was neither a party to arbitral proceedings nor the arbitral award?
    IndiaLitigation, Mediation & Arbitration
    Samvad Partners
    Samvad Partners
  • Article

    New Criminal Laws Are In Force: What's Changed?

    In this update, we attempt to provide an overview of the changes brought about by these laws.
    IndiaCriminal Law
    Samvad Partners
    Samvad Partners
  • Article

    Can A Resolution Plan Release Personal Guarantors From Liability?

    The Supreme Court's judgment in Lalit Kumar Jain v. Union of India & Ors.1 made clear that the resolution of a corporate debtor under the Insolvency and Bankruptcy Code...
    IndiaCorporate/Commercial Law
    Samvad Partners
    Samvad Partners
  • Article

    Airline Insolvencies And The Exemption From The IBC Moratorium

    On October 3, 2023, the Ministry of Corporate Affairs issued a notification ("MCA Notification") that exempted arrangements relating to aircraft, aircraft engines...
    IndiaTransport
    Samvad Partners
    Samvad Partners
  • Article

    Prevention Of Sexual Harassment At The Workplace

    In this client update, we have provided an overview of the recent developments in relation to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act").
    IndiaEmployment and HR
    Samvad Partners
    Samvad Partners
  • Article

    Industrial Standing Orders: Exemption To The IT/ITeS Sector In Karnataka

    Apart from the IT/ITeS sector, startups, animation/gaming/computer graphics/telecom/BPO/KPO and other knowledge-based companies can avail this exemption.
    IndiaMedia, Telecoms, IT, Entertainment
    Samvad Partners
    Samvad Partners
  • Article

    Further Exemptions To Private Companies

    The Ministry of Corporate Affairs on June 13th, 2017 issued a Notification no G.S.R. 501 (E) granting further exemptions to private companies ("Notification").
    IndiaCorporate/Commercial Law
    Samvad Partners
    Samvad Partners
  • Article

    Constitution Bench Of The Supreme Court Overturns Asian Resurfacing Judgment

    In a recent judgment, High Court Bar Association, Allahabad v. State of U.P., 2024 INSC 150 the Supreme Court of India overruled its own judgment in Asian Resurfacing of Road Agency v. CBI (2018) 16 SCC 299.
    IndiaGovernment, Public Sector
    Samvad Partners
    Samvad Partners
  • Article

    Default Loss Guarantee - RBI Clarifies Their Stand

    The Reserve Bank of India had, basis the recommendations of the Working Group on ‘digital lending including lending through online platforms and mobile apps', issued a press release on August 10, 2022 followed by ...
    IndiaFinance and Banking
    Samvad Partners
    Samvad Partners
  • Article

    IBBI (Liquidation Process) (Amendment) Regulations, 2024 - A Greater Role For The Stakeholders' Consultation Committee

    The IBBI recently notified certain critical amendments to the IBBI (Liquidation Process) Regulations, 2016, which clarify the role of the stakeholders' consultation committee and aim to streamline and bring about greater transparency ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Samvad Partners
    Samvad Partners
  • Article

    The POSH Amendment Bills - A Step In The Right Direction Or An Ambiguous Pit?

    The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Amendment Bill, 2022 ("Amendment Bill 2022") was introduced in the Rajya Sabha on December 8, 2023.
    IndiaEmployment and HR
    Samvad Partners
    Samvad Partners
  • Article

    Draft Framework For Self-Regulatory Organization(s) In The Fintech Sector

    India's fintech industry has experienced accelerated growth, driven by technology-enabled innovations in financial services. However, in the recent past, the sector has faced challenges in relation to the effective regulation of its diverse participants.
    IndiaTechnology
    Samvad Partners
    Samvad Partners
  • Article

    Taxability Of Corporate Guarantee And Its Impact On Infra Sector

    The GST Council, in its 52nd GST Council meeting, had recommended taxing Corporate Guarantees which was accepted by the Government.
    IndiaTax
    Samvad Partners
    Samvad Partners
  • Article

    Dual Employment Or Moonlighting In India

    ‘Moonlighting' or dual employment, refers to the practice of taking up a second job, often covertly, outside normal business hours, while continuing to be formally employed with another employer.
    IndiaEmployment and HR
    Samvad Partners
    Samvad Partners

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