Searching Content by Shardul Amarchand Mangaldas & Co ordered by Published Date Descending.
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Law On Related Party Transactions– Need For Reform?
Section 188 of the 2013 Act expressly bars any RPTs on the matters contained therein, except with the approval of the Board of Directors and in certain cases with the approval of the company by a resolution.
8 Aug 2019
Toll Operate & Transfer Model
The Global Infrastructure Outlook reflects that rising income levels and economic prosperity is likely to further drive demand for infrastructure investment in India over the next 25 years.
2 Aug 2019
Unreined 280 Characters – A Recipe For Disaster!
Not even 280 characters, but less than 15 characters tweeted by Elon Musk, the erstwhile chairman and present day chief executive officer of Tesla, Inc. on the popular social media platform Twitter, attracted a flurry of repercussions ...
26 Jun 2019
Quashing Of Criminal Complaints Having A Civil Nature: What The Supreme Court Held
Recently, a Division Bench of the Supreme Court comprising Justice L. Nageswara Rao and Justice MR Shah in Sau. Kamal Shivaji Pokarnekar v. The State of Maharashtra, held that criminal complaints cannot be quashed ...
19 Jun 2019
Constitution Of ICC Under The POSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") was enacted as a comprehensive legislation to provide a safe, secure and enabling environment, free from sexual harassment to every woman.
28 Jan 2019
IRDAI Unveils New Reinsurance Regulations In India
The Regulations were keenly awaited by the Indian insurance sector and aim to keep at pace with the changing market dynamics.
2 Jan 2019
Game On, India – An Overview Of Indian Gambling Laws*
This paper provides an overview of the legal framework governing the gambling and gaming industry in India - its evolution through the ages, its magnitude as an industry and its impact on society.
13 Dec 2018
The Ups And Downs Of Upside-Sharing Structures In India
The first section of this paper introduces the concept of upside-sharing arrangements and presents an empirical review of corporate disclosures made by certain listed and to-be-listed companies in India, ...
26 Nov 2018
Trans-Border Reputation: Protection Of Foreign Trade Marks In India
"What's in a name? That which we call a rose by any other name would smell as sweet".
26 Nov 2018
‘Defence Sector In India – Regulatory Landscape, Recent Developments And Their Impact'
Regulation of the Defence sector in India has seen immense movement in the last few years.
26 Nov 2018
Environment – Getting It Right
The present article deals with the issues and concerns arising out of grant or non - grant of environmental clearances for projects in and around eco sensitive areas of the country.
26 Nov 2018
Supreme Court holds that stamp duty is not necessary for enforcement of foreign awards in India*
The arbitral award ("Award") was delivered in London under the ICC Rules on 12 February 2015 in the arbitration between Shriram EPC Limited ("Petitioner") and Rio Glass Solar SA ("Respondent").
21 Sep 2018
Delhi High Court holds that limitation period for filing application for appointment of arbitrator under Section 11 cannot be extended by issuing a second/fresh notice invoking arbitration*
The Petitioner in the matter relies on an arbitration clause as contained in the Supplementary Deed of Partnership dated 9 July 2012. Since certain disputes had arisen between the parties on 29 September 2014, the Petitioner had filed a petition being OMP No. 1198 of 2014 under Section 9 ("Section 9 Petition") of the Arbitration and Conciliation Act, 1996 ("Act").
14 Aug 2018
Key Takeaways From The NCLT's Decision In Cyrus Mistry – Tata Sons Dispute
On 12 July 2018, the National Company Law Tribunal (Mumbai) ("Tribunal") delivered its landmark judgment in the matter of Cyrus Investments Pvt. Ltd. & Anr. vs. Tata Sons Limited & Ors.
30 Jul 2018
The Cross-Border E-Commerce Conundrum
Rapid strides in the field of technology has made e-commerce a viable platform for trade, accessible to ordinary retail buyers and sellers separated geographically ...
11 Jun 2018
Estate Duty Act – A Critical Analysis Of The Journey So Far
1.1 Estate duty was a form of tax which was levied on the total value of the property held by an individual calculated at the time of his / her demise.
6 Jun 2018
India And Japan: Reflections On Dispute Resolution*
India and Japan are among the largest Asian economies. They are, in many respects, natural trading partners. Indeed, in 2011, the two countries signed the India-Japan Comprehensive Economic Partnership Agreement (‘CEPA'), which is a free trade agreement aiming to promote and protect cross-border trade and investment between the two countries.
17 May 2018
The Legality Of Crypto-Currency And Its Repercussions On The Crypto-Currency Exchanges In India
In order to better understand the legal commotion surrounding crypto-currency, it is important to review the factors that have led to its development and growth in the recent past.
2 May 2018
Thought Leadership Paper: A Case For Extending The Ambit Of Presumptive Taxation
According to the Economic Survey Report 2017-18, the tax department loses over 65% of its cases against taxpayers upon appeal.
2 May 2018
Appeals Under The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015 – A Legal Quagmire
In the view of the author, the resultant imbroglio is capable of resolution by making certain timely amendments in the 2015 Act.
24 Apr 2018
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