Updates

Invoking Arbitration on an unstamped/insufficiently stamped document

As a matter of general practice, the parties, upon reaching a consensus, reduce the terms of their understanding in writing by way of an agreement, which govern the relationship between the parties and set out their rights and obligations. As litigation is a time- consuming procedure, parties often mutually agree to resolve their disputes through recognized Alternate Dispute Resolution mechanisms, like Arbitration. Thus, most of the agreements have a specific clause related to arbitration.However , parties often fail to adequately stamp the Agreement in terms of the Stamp Act(s) governing such agreement. Such failure renders the Agreement unenforceable.
Author(s) : Roopadaksha Basu
Publication : Legally Speaking
Date:

Invocation of the Group of Companies Doctrine to bind non-signatory company to Arbitration

An arbitration agreement is governed by the same principles as of contract law, that if an arbitration agreement is entered into by one of the companies in a group, the same cannot be binding on on the other compnies of the same group, as each company is a separate legal entity. Therefore, the company of the group which entered into the Arbitration Agreement would alone be bound by it.
Author(s) : Raghav Shekhar,Omprakash Jha
Publication : Legally Speaking
Date: 23/09/2019

Withdrawal of Corporate Insolvency Resolution Process

Understanding the implications of the Supreme Court's ruling in Brilliant Alloys Pvt. Ltd. v. Mr. S. Rajagopal & Ors.
Author(s) : Nikhil Ratti Kapoor
Publication : Legally Speaking - January 2019
Date: 08/01/2019

TLP Update dated 26.11.2018

Pendency of challenge to an arbitral award bars initiation of corporate insolvency resolution process
Author(s) : Pulkit Sukhramani,Nikhil Ratti Kapoor
Publication : TLP Update
Date: 26/11/2018

TLP Update dated 29.09.2018

Can ad-interim relief be granted on arbitration agreements that have been insufficiently stamped?
Author(s) : Roopadaksha Basu
Publication : TLP Update
Date: 29/09/2018

Deadlock in Corporate Insolvency Resolution Process

Interpretation of tSection 22(2) of the Insolvency and Bankruptcy Code, 2016
Author(s) : Raghav Shekhar,Omprakash Jha
Publication : Legally Speaking - October 2018
Date: 04/10/2018

TLP Update dated 29.09.2018

Section 17 of the Limitation Act cannot be invoked to condone the delay in filing arbitral award
Author(s) : Mandar Bangale
Publication : TLP Update
Date: 29/09/2018

Compulsory Delisting of Companies from the Stock Exchange

An article detailing the procedure and consequences of compulsory delisitng of shares
Author(s) : Vidhi Jhawar,Pulkit Sukhramani
Publication : Legally Speaking - September 2018
Date: 01/09/2018

TLP Update dated 18.08.2018

RERA is applicable to long-term leases
Author(s) : Amrita Joshi
Publication : TLP Update
Date: 18/08/2018

TLP Update dated 18.08.2018

Merger between a limited liability partnership and a private limited company
Author(s) : Vidhi Jhawar,Pulkit Sukhramani,Nikhil Ratti Kapoor
Publication : TLP Update
Date: 18/08/2018

TLP Update dated 21.08.2017

Application alleging oppression and mismanagement cannot be rejected on the ground of shareholding being less than 10%
Author(s) : Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Update
Date: 21/08/2017

A Year with MahaRERA

Important decisions delivered by MahaRERA since the coming into effect of The Real Estate (Regulation & Development) Act, 2016
Author(s) : Amrita Joshi
Publication : Legally Speaking - July 2018
Date: 31/07/2018

TLP Update dated 18.07.2018

Initiation of liquidation upon rejection of resolution plan by committee of creditors
Author(s) : Vidhi Jhawar,Nikhil Ratti Kapoor,Pulkit Sukhramani
Publication : TLP Update (IBC)
Date: 18/07/2018

TLP Update dated 16.07.2018

Scope of definition of 'Operational Debt' and 'Operational Creditor'
Author(s) : Nikhil Ratti Kapoor,Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Update (IBC)
Date: 16/07/2018

Prospective nature of the application of the Arbitration & Conciliation (Amendment) Act, 2015

Analysis of the judgment of the Supreme Court in BCCI v. Kochi Cricket Pvt. Ltd. & Ors.
Author(s) : Raghav Shekhar,Omprakash Jha
Publication : Legally Speaking - July 2018
Date: 02/07/2018

TLP Update dated 28.06.2018

Tax benefits available to container depots
Author(s) : Surabhi Chatterjee
Publication : TLP Update
Date: 28/06/2018

TLP Update dated 02.07.2018

Judicial pronouncement relating to re-interpretation of clauses of a contract in dispute after arbitration award
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update (Arbitration)
Date: 02/07/2018

TLP Update (Arbitration) dated 27.06.2018

Judicial Pronouncement of the High Court of Delhi whereby it has been held that when there are different agreements for execution of a single commercial project, the absence of an arbitration clause in one of the ancillary contracts would not bar arbitration.
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update (Arbitration)
Date: 27/06/2018

TLP Update (Arbitration) dated 25.06.2018

Judicial pronouncement of the Hon'ble Supreme Court wherein it has been held that even if the arbitration clause in a greement states that disputes are to be settled under the Arbitration and Conciliation Act, 1940, the arbitration clause would be valid and the dispute would be settled as per the Arbitration and Conciliation Act, 1996
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update (Arbitration)
Date: 25/06/2018

TLP Update (Tenders) dated 20.06.2018

Recent judicial pronouncements related to tenders issued for public projects
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update (Tenders)
Date: 20/06/2018

Enforceability of an arbitration clause in an unsigned agreement

Analysis of the judgment of the Bombay High Court in the matter of 'The Board of Trustees of the Jawaharlal Nehru Port Trust vs. PSA Mumbai Investments Pte. Ltd and Ors.' wherein the court overturned the decision of a sole arbitrator that ruled against its jurisidiction and held that an arbitration clause in an unsigned agreement cannot constitute a valid arbitration agreement
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : June, 2018
Date: 18/06/2018

TLP Update (IBC) dated 18.06.2018

Judicial pronouncement of the Hon'ble NCLT wherein it has been held that Section 29A of the Act is prospective in nature and would not be applicable to ongoing insolvency proceedings.
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update (IBC)
Date: 18/06/2018

TLP Update dated 10.04.2018

Analysis of the judgment of the Supreme Court of India in Maharashtra Housing Development Authority vs. Shapoorji Pallonji & Company Pvt. Ltd. & Ors. overturning the decision of the Bombay High Court that had directed MHADA to access the bid documents of Shapoorji Pallonji from the NIC-run e-portal and consider its bid to participate in a redevelopment project in Mumbai despite its failure to upload it by the last date of submission.
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update
Date: 10/04/2018

TLP Update dated 01.05.2018

Judicial Pronouncement regarding applicability of the moratorium under IBC to the promoters of the debtor company
Author(s) : Nikhil Ratti Kapoor,Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Update
Date: 01/05/2018

TLP Updated dated 14.04.2018

A summary of the recent judicial pronouncement regarding applicability of moratorium under IBC, on the assets of a corporate gurantor
Author(s) : Pulkit Sukhramani,Nikhil Rati Kapoor,Vidhi Jhawar
Publication : TLP Update
Date: 14/04/2018

TLP Update dated 10.04.2018

Judicial pronouncement on the scope of judicial review of the decisions of Administrative Authorities
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update
Date: 05/04/2018

TLP Update dated 03.04.2018

The Bombay High Court ruling on whether the conviction of an Indian by a foreign court for an offence committed in another country should be taken notice of by Courts in India, and whether the same shall be binding on indian Courts and Authorities
Author(s) : Surabhi Chatterjee,Omprakash Jha
Publication : TLP Update
Date: 03/04/2018

Disqualification of Directors and Deactivation of DIN by RoC under the Companies Act, 2013

An analysis of the powers of the Registrar of Companies to disqualify Directors and deactivate their DINs
Author(s) : Omprakash Jha,Raghav Shekhar
Publication : January 2018
Date: 11/01/2018

TLP Update dated 11.01.2018

Judicial Pronouncement relating to principles of judicial restraints in review of administrative actions and policy decision taken by the State and its instrumentalities
Author(s) : Omprakash Jha,Surabhi Chatterjee
Publication : TLP Update
Date: 11/01/2018

TLP Update dated 10.11.2017

Updated Judicial Pronouncement related to time period prescribed in IBC, 2016 for removal of defects, and Review of Block Trading mechanism by SEBI
Author(s) : Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Update
Date: 10/11/2017

TLP Update dated 26.10.2017

Judicial Pronouncements relating to - 1. (Non-)Effect of proceedings initiated under Section 138 of Negotiable Instruments Act on proceedings initiated under Insolvency and Bankruptcy Code, where both proceedings are arising out of the same transaction.2. Powers of Tribunals such as Securities Appellate Tribunal to levy interest in accordance with the provisions of the Interest Act, 1978.3. Rejection of an Insolvency Application for non-compliance of provisions of Section 7(3) of the I & B Code, r/w proviso to Section 7(5), by the Applicant.
Author(s) : Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Update
Date: 26/10/2017

TLP Update dated 16.10.2017

Guidelines fo the Hon'ble Supreme Court for deciding offence under Section 138 of the Negotiable Instruments Act, 1881
Author(s) : Roopadaksha Basu
Publication : TLP Update
Date: 16/10/2017

TLP Update dated 25.09.2017

Judicial pronouncement of the Hon'ble Apex Court on the issue of simultaneous proceedings under the SARFAESI Act and the Arbitration Act
Author(s) : Amrita Joshi
Publication : TLP Update
Date: 25/09/2017

TLP Update dated 23.08.2017

Salient features of IRDAI (Insurance Brokers) Regulations, 2017
Author(s) : Roopadaksha Basu
Publication : TLP Update
Date: 23/08/2017

TLP Update dated 07.08.2017

Legal issues relating to 'Mandatory filing of a certificate under Section 9(3)(c)' and 'Modification of claim amount post-admission' in terms of the Insolvency and Bankruptcy Code, 2016
Author(s) : Pulkit Sukhramani,Vidhi Jhawar
Publication : TLP Updates
Date: 07/08/2017

Push for a Lesser use of Cash

An analysis of the effect of the newly introduced provisions brought in by the Finance Act, 2017
Author(s) : Gita Kripalani,Tamoghna Goswami
Publication : May, 2017
Date: 04/05/2017

Less Governence, More Government?

This article discussed the proposed amendments to the provisions of 'search' under the Income Tax Act , by the Finance Bill, 2017
Author(s) : Gita Kripalani
Publication : March, 2017 (1)
Date: 10/03/2017

Decoding the Taxation Laws (Second Amendment) Act, 2016

A thorough analysis of the changes brought in the taxation regime in the country by the Amendment Act of 2016
Author(s) : Tamoghna Goswami,KN Chaturvedi
Publication : January 2017
Date: 09/01/2017

Salient Features of the Bankruptcy and Insolvency Code, 2016

This artcile highlights the salient features of the very-promising Bankruptcy and Insolvency Code, 2016
Author(s) : Siddhartha Vishwanathan
Publication : Volume 4, No. 1
Date: 16/05/2016

Highlights of the Real Estate (Development and Regulation) Act, 2016

Real Estate (Development and Regulation) Act, 2016
Author(s) : Tamoghana Goswami,K N Chaturvedi
Publication : Volume 4, No. 1
Date: 16/04/2016

A Fine Balance

A study of the PPP Model vis-a-vis Public Interest Litigations
Author(s) : Shaambhavi Bhansali,Anubhav Ghosh,K. N. Chaturvedi
Publication : Volume 3, No. 1
Date: 09/02/2015

The Supreme Court ruling in Dashrath Rupsingh Rathod - The last word?

This article analyses the different aspects of the Supreme Court ruling in the Dashrath Rupsingh Rathod case which has attempted to finally settle the legal position regarding territorial jurisdiction in cheque bouncing cases under Section 138 of the Negotiable Instruments Act, 1881.
Author(s) : The Law Point,Delhi,K. N. Chaturvedi
Publication : Volume 2, No. 1
Date: 05/01/2015

Impact of Pophale Judgment on the Public Premises Act

This article aims to clarify the parameters of eviction of tenants from Public Premises under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in light of the recent judgment of the Hon'ble Supreme Court of India.
Author(s) : Omprakash Jha,K. N. Chaturvedi
Publication : Volume 1, No. 1
Date: 02/01/2015