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India Columns

Execution of Arbitral Awards in India: Jurisdictional Nuances and Emerging Trends

Execution of Arbitral Awards in India: Jurisdictional Nuances and Emerging Trends

Date: Jul 21, 2022
Execution of Arbitral Awards in India: Jurisdictional Nuances and Emerging Trends Introduction The Indian arbitration regime recognises the arbitral award as the culmination of consensual dispute...
Analysis of Section 107 Transfer of Property Act

Analysis of Section 107 Transfer of Property Act

Date: Jul 20, 2022
The Mandate of Formality: An Exposition of Section 107 of the Transfer of Property Act, 1882 Introduction Section 107 of the Transfer of Property Act, 1882 (hereinafter "TPA") stands as a cornerstone...
The NCLT restrains topics of inquiry open to NCLT

The NCLT restrains topics of inquiry open to NCLT

Date: Jul 20, 2022
The New Okhla Industrial Development Authority claimed to be a Financial Creditor ("FC") based on the lease deed signed with the Developer Company, Shubhkamna Buildtech Private Limited , but this...
SC invalidates the West Bengal Housing Industry Regulation Act of 2017

SC invalidates the West Bengal Housing Industry Regulation Act of 2017

Date: Jul 20, 2022
The West Bengal Housing Industry Regulation Act, 2017 (WBHIRA), which conflicted with Central legislation already in place, namely the Real Estate (Regulation and Development) Act, 2016, was declared...
Excepted Matters and Arbitrability in Indian Law: A Critical Appraisal

Excepted Matters and Arbitrability in Indian Law: A Critical Appraisal

Date: Jul 19, 2022
Excepted Matters and Arbitrability in Indian Law: A Critical Appraisal 1. Introduction Arbitration has long been championed as an efficient alternative to conventional litigation in India. Yet, its...
Supreme Court gives green light to cooperative banks taking the SARFAESI path.

Supreme Court gives green light to cooperative banks taking the SARFAESI path.

Date: Jul 19, 2022
The Apex Court finally decided on the position of cooperative banks with respect to other banks in terms of the applicability of the Securitization and Reconstruction of Financial Assets and...
Lease rent of an immovable property is not included under Operational Debt.

Lease rent of an immovable property is not included under Operational Debt.

Date: Jul 19, 2022
NCLAT held that under the rules of the Insolvency and Bankruptcy Code, 2016 ("IBC"), the ambiguity about the inclusion of Lease Rent dues of immovable property within the ambit of "Operational Debt"...
A home buyer cannot sustain a Writ without attempting to represent the whole class of home buyers

A home buyer cannot sustain a Writ without attempting to represent the whole class of home buyers

Date: Jul 19, 2022
In Upendra Choudhury v. Bulandshahar Development Authority and Others, REED 2021 SC 02546, a Division Bench of the Hon'ble Supreme Court composed of Justices Dr. Dhananjaya Y. Chandrachud and M. R....
Rights Of Financial Creditor And Operational Creditor

Rights Of Financial Creditor And Operational Creditor

Date: Jul 19, 2022
The NCLAT, while laying down the law on this issue, held that the objective of the I&B Code is resolution and its purpose is for the maximisation of the value of assets of the corporate debtor and...
Only a few specific grounds are allowed for NCLT and NCLAT to intervene with CoC's business judgement under Section 30-31

Only a few specific grounds are allowed for NCLT and NCLAT to intervene with CoC's business judgement under Section 30-31

Date: Jul 19, 2022
In its ruling in Kalpraj Dharamshi and Others v. Kotak Investment Advisors Limited and Others, REED 2021 SC 03545, a Full Bench of the Hon. Supreme Court made up of Justices A.M. Khanwilkar, B.R....
The Supreme Court supports the legality of the RBI's decision to prohibit "Merchanting Trade Transactions" with PPE kits

The Supreme Court supports the legality of the RBI's decision to prohibit "Merchanting Trade Transactions" with PPE kits

Date: Jul 19, 2022
The Supreme Court affirmed the Reserve Bank of India's implementation of the prohibition on the export of Personal Protective Equipment (PPE) Kits imposed by the Union Government in light of the...
Capital Gains Exemption under Section 54 of the Income-tax Act, 1961: A Jurisprudential Analysis

Capital Gains Exemption under Section 54 of the Income-tax Act, 1961: A Jurisprudential Analysis

Date: Jul 19, 2022
Capital Gains Exemption under Section 54 of the Income-tax Act, 1961: A Jurisprudential Analysis 1. Introduction Section 54 of the Income-tax Act, 1961 (“the Act”) grants roll-over relief from...
Hereditary Trusteeship in Hindu Temples: Constitutional Limits and Judicial Trends in India

Hereditary Trusteeship in Hindu Temples: Constitutional Limits and Judicial Trends in India

Date: Jul 18, 2022
Hereditary Trusteeship in Hindu Temples: Constitutional Limits and Judicial Trends in India Introduction The administration of Hindu temples in India has historically oscillated between traditional...
The Promoter as a Person Acting in Concert: A Factual Inquiry, Not a Foregone Conclusion

The Promoter as a Person Acting in Concert: A Factual Inquiry, Not a Foregone Conclusion

Date: Jul 18, 2022
Deconstructing the Nexus: The Promoter as a 'Person Acting in Concert' under Indian Takeover Regulations I. Introduction The architecture of India's securities law, particularly the SEBI (Substantial...
Pendency of Cheque Bounce Cases - Alarming

Pendency of Cheque Bounce Cases - Alarming

Date: Jul 15, 2022
Over 33 Lakh Cheque Cases Pending In Country; Pendency Rose By Over 7 Lakh In Last 5 Months, reads Amici Report in the Hon’ble Supreme Court.  In a Suo moto case Re Expeditious Trial Of Cases Under...
The wife's patience shouldn't be treated as her weakness

The wife's patience shouldn't be treated as her weakness

Date: Jul 15, 2022
The Madhya Pradesh High Court in Meghna Agarwal Vs. Anurag Bagadiya and another cancelled the bail of a husband accused of unnatural sex with his wife. It noted that the anticipatory bail granted to...
A 'Joint Family' under the Domestic Violence Act means members living together as a family and not as prescribed under the Hindu Law

A 'Joint Family' under the Domestic Violence Act means members living together as a family and not as prescribed under the Hindu Law

Date: Jul 15, 2022
The Supreme Court in Prabha Tyagi vs Kamlesh Devi gave a wider meaning to the expression "joint family" used in Section 2(f) of the Protection of Women from Domestic Violence Act 2005. The factual...
Roles and Jurisdiction of the Regional Settlement Commissioner in Evacuee Property Adjudication

Roles and Jurisdiction of the Regional Settlement Commissioner in Evacuee Property Adjudication

Date: Jul 15, 2022
Roles and Jurisdiction of the Regional Settlement Commissioner in Evacuee Property Adjudication Introduction The mass displacement occasioned by the Partition of 1947 created an unprecedented corpus...
Directors who were disqualified before to May 2018 may still serve as directors of firms that are not defaulting

Directors who were disqualified before to May 2018 may still serve as directors of firms that are not defaulting

Date: Jul 15, 2022
In this instance, the failure to comply with section 164(2)(a) of the Companies Act, 2013, which requires the filing of financial statements or annual returns for any continuous period of three...
Service Law Update- An employee can't be arbitrarily terminated on mere suppression of information.

Service Law Update- An employee can't be arbitrarily terminated on mere suppression of information.

Date: Jul 15, 2022
The Supreme Court in Pawan Kumar vs Union of India held that just because an employee suppressed information about a criminal case doesn’t warrant the employer to terminate his service in an...
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