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Search results: The Supreme Court

Unilateral appointment

Unilateral appointments under threat

The Supreme Court, in Perkins Eastman Architects DPC & Anr v HSCC (India), delivered a landmark judgment in November 2019, where it held that arbitration clauses that allow one party to unilaterally appoint a...
insolvency

IBC cannot be used as a threat

In a recent judgment, the Calcutta High Court dealt with the question of whether an application under section 34 of the Arbitration & Conciliation Act, 1996, can be kept in abeyance owing to the...
evidence

Documentary evidence outweighs oral testimony

In a recent judgment, the Supreme Court held that revenue recorded entries have statutory presumption attached to them, and oral evidence, to the contrary, will not be sufficient, as witnesses may lie but documents...
virtual currency

Supreme Court paves way for virtual currencies

The Supreme Court of India, in Internet and Mobile Association of India v Reserve Bank of India, on 4 March 2020, set aside the Reserve Bank of India (RBI) circular on virtual currencies, dated...
think big

Problem solving

The way ahead is never straightforward As experience in the past few decades along with recent events have shown, propelling the Indian economy forward requires wisdom, out-of-the-box thinking in large doses, and a good helping...
international

The International A-List 2020

India Business Law Journal reveals the top 100 India-focused legal experts outside the country. Putro Harnowo reports View the A-List As the second-biggest economy in Asia, India actively attracts investment and generates offshore work, transactional financing,...
internet

India unplugged

As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, Amar Sundram analyses a recent Supreme Court judgment challenging blackout actions in Kashmir. The Narendra...
music

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters, writes Sachin Kalra The relationship between radio broadcasters and music labels has always been contentious, due to rights...
policy

Interplay of polity, policy on infrastructure development

By Shreshth Sharma and Molshree Bhatnagar, HSA Advocates
Governed by its constitution and derivative laws, a country speaks through its policies. Sound economic and regulatory policy creation coupled with effective implementation encourages investor confidence and forms the fundamental basis of attracting large...
infringement

Recourse measures for apprehension of infringement

By DPS Parmar, LexOrbis
Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger...
Arbitration

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan
Arbitral awards are treated as orders of a court and can be enforced as such, under the Civil Procedure Code, 1908 (CPC), subject to defences under the Arbitration and Conciliation Act, 1996. The Insolvency...
news

News In Brief

Real estate partner at HSA HSA Advocates has hired Amaresh Kumar Singh as a partner at the firm’s New Delhi office. Prior to joining HSA, Singh worked at L&L Partners. He has more than 25...
employees

Contractual employees entitled to PF benefits

The Supreme Court recently held that contractual employees who draw salaries directly or indirectly are entitled to provident fund benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF act). In M/s Pawan...

Lenders assign GSML debt to ARC

Argus Partners advised a Garden Silk Mills (GSML) consortium of lenders, led by Bank of Baroda, on the resolution of its stressed assets and account under the Reserve Bank of India’s (RBI) circular dated...
sole arbitrator

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Disputes arose from the termination of a design consulting contract between HSCC (India) Limited and a consortium consisting of Perkins New York and Edifice Mumbai (consortium), for the planning, designing and specifications of two...
think big

When families fail

Is all really fair in love and war? When it comes to warfare between siblings, or in families, there is often little that is fair or reasonable. As seen in many a Bollywood movie, and...
family

Securing the family silver

Spooked by domestic tax and regulatory changes, many wealthy Indians are shifting capital overseas. Vandana Chatlani reports In India, business is personal. An estimated 95% of companies are run by families. Promoters of companies...
deals

Deals of the Year 2019

India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition The best transactions for the past year in India came...
creditors

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Essar Steel India defaulted on repayment obligations to its creditors and in 2017 Standard Chartered Bank (SCB) and State Bank of India filed petitions for financial debt under the Insolvency and Bankruptcy Code, 2016....
copyright

Are copyright infringement offences cognizable or not?

By Akanksha Kar, LexOrbis
In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the...