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Courts

Indian courts virtually evolving

Historically, pandemics have forced societies to break away from the past and adopt new measures that redefine their future, and the outbreak of COVID-19 is no different. Indian courts have scaled down conventional operations...
Electricity

Electricity Bill lights path but sparks controversy

By Abhishek Tripathi and Narayan Gupta, Sarthak Advocates & Solicitors
In the fourth segment of the Atma Nirbhar Bharat (Self-reliant India Mission) economic package, the finance minister announced several measures affecting the power sector. Many policy reforms are contained in the proposed Electricity (Amendment)...

Beneficiaries of public welfare schemes are consumers

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
To improve the conditions of building and construction workers, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (1996 act) was enacted. Under the 1996 act the Rajasthan...
creditors

COVID-19, IBC suspension and operational creditors

By Shweta Bharti and Sukrit Kapoor,Hammurabi & Solomon
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 (ordinance), provides that no application to start a corporate insolvency resolution process (CIRP) in respect of a corporate debtor may be made for any default arising...
dispute resolution

Singh & Associates hires dispute expert

Singh & Associates has appointed Apoorve Vashistha as a partner (designate), specializing in dispute resolution. “The firm has created a niche in arbitration and dispute resolution, and I am excited to contribute my expertise towards...
Trademark

Amending use claims in trademark cases

By Omesh Puri and Ruchi Sarin, LexOrbis
The Delhi High Court recently heard, in the case of D&H India v Superon Schweisstechnik India, an appeal from the order of a single judge and ruled on the circumstances in which an amendment...
new normalvideo

Surviving a ‘new normal’

India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a...
contracts

Managing outsourcing contracts

Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties. Arijita Kakati and Aparna...
Limitation

Limitation period for execution of foreign decrees settled

The Supreme Court recently had the opportunity to ascertain the limitation period applicable to the execution of foreign judgments in India, which was an issue that lower courts had been struggling to resolve until...
Architects

Unregistered architects cannot build a name for themselves

The Supreme Court in a recent judgment held that section 37 of the Architects Act, 1972, does not prohibit individuals not registered under the act from taking up the practice of architecture and its...

Moving past the pandemic

The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed. Mansha Shukla writes about the key considerations for in-house counsel COVID-19 is preying on thousands of lives and has battered...

COVID-19: Relief for forgotten homebuyers

Homebuyers were included as financial creditors under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) vide an amendment in the code in 2018. Pursuant to their inclusion, homebuyers could either individually or...
lockdown

Keeping in step with the times

Patent offices and courts have introduced proactive measures in response to the COVID-19 lockdown The COVID-19 pandemic, one of the biggest public health crises in our time, has greatly impacted all realms of life across...
disputes

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world? Ritin Rai provides an analysis The law of frustration has developed by reconciling two competing...

News in Brief

Disputes partner joins IndusLaw IndusLaw has hired Mayank Mishra as a partner in its Delhi office. Mishra joins from J Sagar Associates' dispute practice, where he was a partner and has more than 15 years...
cryptos

Supreme Court quashes RBI ban on cryptos

The Supreme Court in a recent judgment set aside the ban imposed by the Reserve Bank of India (RBI), through its circular dated 6 April 2018, which prohibited its regulated entities (i.e., financial institutions...
India

Indian Law Firm Awards 2020

And the winners are ... Rebecca Abraham reports Companies and law firms across India have been grappling with a global pandemic in what was already a challenging market, and are now facing an economic downturn....
highway

Supreme Court says my way or no highway

By Rachika Sahay and Meghna Mishra, HSA Advocates
Measuring over 5.8 million kilometres, the Indian road network encompasses the length and breadth of the country and includes national highways, expressways, state highways, district roads and village roads. It is one of the...
VC

Virtual currency trade sees challenges with FDI

By Arjun Rajgopal and Akshaya Iyer, L&L Partners
On 4 March 2020, the Supreme Court (court) quashed the Reserve Bank of India’s (RBI) circular of 6 April 2018 prohibiting entities regulated by the RBI from dealing in virtual currencies (VC) or providing...
banking

Cryptocurrencies avoid a KO and win on points

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
After five years of studying the global development of virtual currencies (VC), the Reserve Bank of India (RBI) in April 2018 issued a circular under the Banking Regulation Act, 1949 (BRA), the Reserve Bank...