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...
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 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...
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 1. Introduction Arbitration has long been championed as an efficient alternative to conventional litigation in India. Yet, its...
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...
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"...
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....
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...
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 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 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 Introduction The administration of Hindu temples in India has historically oscillated between traditional...
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...
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 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...
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 Introduction The mass displacement occasioned by the Partition of 1947 created an unprecedented corpus...
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...
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...