Research & Articles
Supreme Court Ensures Equal Treatment for Home Buyers with RERA-Decrees in Insolvency Cases
Vishal Chelani and others v/s Debashis Nanda; Civil Appeal No. 3806 OF 2023In...
Parties are entitled to the Payment for Work-Done by them despite the Absence of a Contract
BSNL v. Vihaan Networks Limited; O.M.P. (COMM) 405/2023In the recent judgement...
Not every NI Act Complaint Necessitates the Summoning of the Directors of the Accused Company
Sudeep Jain vs. ECE Industries Ltd. (Crl. M.C.1821 of 2013)The Negotiable...
Uttarakhand High Court’s Eco-Friendly Verdict: Orders Accused to Plant Fifty Trees to Quash Criminal Proceedings
Neerj Kirola vs. State of Uttarakhand & Anr. [C482 No. 1437 of 2023]In...
Non-Disclosure of Past Associations by the Arbitrator is a ground for the Arbitral Award to be Set Aside
Gopaldas Bagri vs. C & E Ltd [AP 364 of 2020]In any form of dispute...
The Evaluation of Trademark Infringement involves comparing Trademarks as a Whole and not each Element Separately
Foodlink F and B Holdings India Private Limited vs. WOW Momo Foods Private...
Arbitration Proceedings can be Halted in case of Non-Fulfilment of Pre-Arbitration Negotiation Condition
M/s Kundlas Loh Udhyog vs. M/s SRMB Srijan Pvt Ltd.The realm of arbitration in...
The shift towards No-Fault Divorce
In recent years, legal systems in both India and the United Kingdom have...
Unregistered lease is inadmissible as evidence – Supreme Court
Supreme Court Clarifies Unregistered Lease is Inadmissible as Evidence before...
Illegal part of arbitration award can be set aside without disturbing valid part/s of award, thereby avoiding multiple rounds of proceedings.
Even if the Arbitral Award is set aside, Other Elements in the Award can still...
Strategies for Resisting an Application Filed by a Financial Creditor under the Insolvency and Bankruptcy Code, 2016 (“IBC”)
Who is a Financial Creditor?In order to understand the term, ‘Financial...
AMOUNT RECEIVED UNDER A SETTLEMENT OR DECREE MAY NOT BE TAXABLE UNDER INCOME TAX ACT, 1961
In our experience while dealing with corporate clients in representing them in...
Guide on Devising an International Agency for sale/ distribution of goods or services through agent
For organising the distribution of goods in foreign countries, agency is the...
Practical Guide to dealing with a notice for reopening of Assessment proceedings under Income Tax Act, 1961
Reopening of an assessment concluded under section 143(1) or even under...
Assessee not bound by mistakes committed by him in filing his ITR, tax cannot be levied applying the principle of estoppel.
M/s. Coronet Hotel Services & Suppliers Pvt. Ltd. v. DCIT ...
A creditor could withdraw the application under IBC even after commencement of CIRP when the Committee of Creditors is not constituted.
ABHISHEK SINGH versus HUHTAMAKI PPL LTD. & ANR(Supreme Court of India-...
An application under IBC could be filed by the creditor beyond prescribed period of limitation.
Sabarmati Gas Ltd. v. Shah Alloys Ltd.(Supreme Court of India-Civil Appeal No....
Directors of the Company are not liable for offence Committed by the Company Sunil Bharti Mitttal’s case( AIR 2015 SC 923)
“No doubt, a corporate entity is an artificial person which acts through its...
Whether the accused person residing in a different district could be directly issued with process asking him to appear before the court?
IN THE HIGH COURT OF JHARKHAND, RANCHI ---- Cr.M.P. No. 1525 of 2014Whether...
Whether alternative remedy is bar to entertainment of a writ petition by High Court?
M/S GODREJ SARA LEE LTD. VS. THE EXCISE AND TAXATION OFFICERCUM-ASSESSING...
Whether International Commercial Arbitration under Arbitration and Conciliation Act, 1996 must be completed within 12 months period?
(Supreme Court-TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) versus Siva...
Whether income received under settlement by a German Company for breach of contract can be said to be linked to a PE and whether it will be taxable in India or Germany?
TGE Gas Engineering GmbH Versus DCIT ITA No.1958/Del/2022 Facts of the Case...
Arbitration Agreement Contained in an Unstamped Instrument is not Valid and on Arbitration could be Compelled in such Case
M/S. N.N. GLOBAL MERCANTILE PRIVATE LIMITED VERSUS M/S. INDO UNIQUE FLAME LTD....
Lenders Cannot Take Possession of Property Simply Based on Agreement Terms
Considering the provisions of loan agreement giving rights to lenders to...
Pankaj Dhawan v. Natioal e-Assessment Center
Whether assessment order could be challenged in writ petition despite...
Intention and Novation in Contract Law
In simple terms, a "novation" is a circumstance in which the parties to a...
Globalisation in the Context of Tax Planning
In a globalised world, a free, open economy is crucial to maintaining a robust...
Oppression- Scope and Overview
Cases of oppression and mismanagement are commonplace in the realm of...
Different Areas of Tax Planning
Tax planning is the general exercise of analysing a possible financial plan or...
Guide on Devising an International Agency for sale/ distribution of goods or services through an agent
To organise goods distribution in foreign countries, the agency is the...
The Difference in Taxation of Crypto Currencies in India before and After Budget 2022.
There was neither a definition of Virtual Digital Asset or Cryptocurrency nor...
CRYPTOCURRENCIES AND TAXATION THEREOF UNDER INDIAN INCOME TAX ACT, 1961
1. What Is Cryptocurrency? Investopedia defines Cryptocurrency as: - “A...
Tips for Successful Contract Negotiation
Here are some guidelines that can help you improve your chances of getting...
CBDT’s Clarification as Regards Application of MFN Clause for Lower Rate of Source Taxation
The Central Board of Direct Taxes issued a clarificatory circular on...
Importance Of Employment Contract For Your Business
Employment contracts play a vital role in any given business. To define it in...
Things To Keep In Mind While Drafting A Commercial Contract.
Things To Keep In Mind While Drafting A Commercial Contract A commercial...
Strategies For International Tax Planning
Tax planning plays a pivotal role in any given business. It is to be done in...
Bidder Qualification Criteria-Whether experience of a partner or member of consortium (individual or a body corporate) gained while being in Consortium/ JV / Partnership could be considered in connection with bids subsequently submitted independently
Author has come across cases where experience of a member of consortium/...
Whether is there any remedy available in Indian Courts for false proceedings initiated overseas?
The issue can be paraphrased as what happens if a foreign party drags you to a...
Whether the condition of pre-deposit of 20% tax is a mandate for entertaining stay application per se?
In terms of modified instruction No. 1914 dated 21.03.1996 issued by CBDT,...
Period of limitation in case of a Running and mutual or a Running and non-mutual Account under the IBC, 2016
The muddle around the applicability of the Limitation Act to the Insolvency...
Is ITAT wrong in interpreting the provisions of s.115JB as regards Minimum Alternate Tax?
The concept of MAT has been introduced by way of the Finance Act, 1987 under...
DRAFTING OF THE LIQUIDATED DAMAGES CLAUSE
The most important reason why businesses enter into a written contract is to...
Does SEBI Have Jurisdiction in Cases Where Offer of Securities or Invitation to Subscribe Securities is Made to Fifty or More Than Fifty Persons
Pursuant to the decision in the case of Sahara India Real Estate ... vs...
Stay/ Injunction On Bank Guarantees
Bank Guarantee(“BG”), enables the beneficiary to realize the payment under...
Are Restrictive Covenants – Non-Compete Clauses Commonly put in Contracts Enforceable?
In our experience, these clauses are sought to be kept by the employer in an...
Whether an Arbitration Agreement Providing That One of the Parties to an Agreement will have Powers to Appoint an Arbitrator is valid?
Arbitration Agreements providing for appointment of one arbitrator by each of...