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Search results: The Supreme Court

arbitrators litigation alternative dispute resolution

Evolving doors

A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners. Shalvi Mehta assesses what should stay and what should go Covid-19 and the subsequent...
Shweta Bharti and Shantanu Malik,Hammurabi & Solomon awards enforcement

No rewards for challenging awards in post-hearing stage

By Shweta Bharti and Shantanu Malik, Hammurabi & Solomon
The Arbitration and Conciliation Act, 1996, governs the enforcement of foreign arbitral awards. The act essentially consolidated laws relating to arbitration and the enforcement of awards that resulted from the accession to the New...
Karthik Somasundram,Shreya Gupta,Bharucha & Partners,Electronic evidence

SC brings consistency to electronic evidence

By Karthik Somasundram and Shreya Gupta,Bharucha & Partners
In the case of Anvar PV v PK Basheer & Ors, the Supreme Court ruled that a certificate under section 65B(4) of the Indian Evidence Act, 1872 (act), was mandatory to prove an electronic...
Anush Raajan,Swastika Chakravarti,Lakshmikumaran & Sridharan

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
The government recognised the economic impact of covid-19 on businesses by enacting the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. The ordinance, among other measures, inserted section 10A into the Insolvency and Bankruptcy Code,...
Justice Prathiba M Singh delhi courts

The courts fight back

In a very short span of time India’s courts have adapted to working during the pandemic, and the lessons learned during this time will be used to increase efficiency and productivity of the judicial...
Ekta Bahl,Sanjana Shrivastava, Samvad Partners, Investors

Covid-19 impacts exit of PE and VC investors

By Ekta Bahl and Sanjana Shrivastava, Samvad Partners
In the wake of the covid-19 pandemic and its economic consequences, the private equity and venture capital industry has seen a major downturn. The pandemic has also increased the focus on exit options available...
Patent illegality Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners,Patent illegality

Domestic award set aside for patent illegality

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Patel Engineering Limited secured three arbitral awards against North Eastern Electrical Corporation Limited (NEECO) in respect of a project in Meghalaya. NEECO unsuccessfully challenged the awards under section 34 of the Arbitration and Conciliation...
Devyani Dhawan,Aditya Vikram Dua,SNG & Partners,Ordinary course Banking & finance restructuring

Ordinary course of business is not guaranteed

By Devyani Dhawan and Aditya Vikram Dua, SNG & Partners
Section 185 of the Companies Act, 2013 (act), governs transactions involving loans or the provision of guarantees or securities to companies in which a director is interested. Certain loans and guarantee or security transactions...
Pravin Anand,Managing Partner,Anand and Anand,Virtual courts india

New era for justice delivery

Pravin Anand, from Anand and Anand, argues that despite the flaws, the advantages of virtual courts mean they should continue even after the pandemic has abated The virtual court system is the next step in...
foreign arbitral award enforcement Appellate arbitration Bhasin & Co

Enforcement of foreign arbitral award allowed

In the case of Centrotrade Minerals & Metals Inc v Hindustan Copper Ltd, the Supreme Court has upheld the validity of appellate arbitration clauses. The appellant, Centrotrade Minerals, with its headquarters in Virginia, US, had...
Partnership act agreement India

SC clarifies when partnership firm can be dissolved

In a recent judgment titled Guru Nanak Industries and Anr v Amar Singh (deceased) through legal representatives, the Supreme Court held that the retirement of a partner of the partnership firm consisting of only...
AKS-Partners-partner-Anish-Jaipuriar-Anshuman-Gupta

AKS hires beef up corporate, disputes practices

Delhi-based full-service law firm AKS Partners has hired partner Anish Jaipuriar and principal associate Anshuman Gupta. Jaipuriar joins from Shardul Amarchand Mangaldas & Co, and will head the general corporate practice at the firm. He...
The-Law-Point-(TLP)-promoted-Abhishek-Puri-partner-Omprakash-Jha

The Law Point promotes lawyers in New Delhi, Mumbai

The Law Point (TLP) has promoted Abhishek Puri and Omprakash Jha to the firm's partnership in its New Delhi and Mumbai offices, respectively.Puri joined the firm in 2017 and is experienced in corporate and...
Alok Tewari Kochhar & Co INDIA-JAPAN TRADE & INVESTMENT

A guide to the proper investigation of title

By Alok Tewari, Kochhar & Co
Legal due diligence before the acquisition of real estate is at least as important in India as it is in Japan and probably more so. Legally non-compliant real estate is often offered and there...
How-has-Indian-judiciary-embraced-virtual-courts-video-conference-India-Business-Law-Journal

Just virtually

The pandemic has pushed courts to undergo a technological evolution, but is it working? Gautam Kagalwala reports before the pandemic reached Indian shores, video conferencing was used in some cases for recording evidence in areas...
Mishi Choudhary is founder and legal director at Software Freedom Law Centre. India’s TikTok ban and need for privacy legislation

Pulling the plug

In the aftermath of the TikTok ban Mishi Choudhary, the founder of Software Freedom Law Centre (India), says the government must enact pro-privacy legislation that protects private data from tech companies, regardless of their...
Manoj Kumar and Shweta Bharti, Hammur balance Insolvency and Bankruptcy Code and Prevention of Money Laundering Act abi & Solomon

How to balance the IBC and the PMLA

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon
The Prevention of Money Laundering Act, 2002 (PMLA) seeks to prevent money laundering, to prosecute those committing money laundering and to recover and seize properties acquired by means of laundered money. However, the effective...
Top-foreign-law-firms-for-India-work---foreign-lawyers-Indian-lawyers-legal-services-legal-advise

A cut above the rest

India Business Law Journal reveals its leading foreign firms for India work. Vandana Chatlani reports Life has changed dramatically, and so, too, the process of law and business. Disruption, doubts, and delays caused by the...
Anush Raajan Swastika Chakravarti Lakshmikumaran & Sridharan Insolvency and Bankruptcy code india

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
Under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), the National Company Law Tribunal (NCLT) in admitting a petition by a financial creditor is concerned only with the existence of a default...
migrant workers

NLSIU Bengaluru alumni support migrant workers

Alumni from Bengaluru’s National Law School of India University (NLSIU) have come together to raise funds and provide food donations to migrant workers returning to their hometowns in the midst of the coronavirus pandemic. “We wanted...