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Searching Content by Mohammad Kamran from Nishith Desai Associates ordered by Published Date Descending.
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Director Liability: Supreme Court Quashes Case Against Managing Director
The Supreme Court ("Court") in the recent case of Shiv Kumar Jatia v. State of NCT of Delhi,1 quashed the criminal proceedings that were initiated only
India
23 Sep 2019
2
Bombay High Court Settles Dust Over Validity Of ‘Options' Under Securities Law
The Bombay High Court ("Court") in the recent case of Edelweiss Financial Services Ltd. v. Percept Finserve Pvt Ltd. and Anr1, upheld the validity of a put option clause
India
6 May 2019
3
Pledging Of Shares: Do Lenders Need To Rethink Their Strategy?
In this article we discuss the recent issues that has come to light in respect of pledging of shares. We cover aspects relating to challenges faced by lenders in invocation ...
India
16 Apr 2019
4
Courts Have No Freehand In Substituting Arbitrators
The Supreme Court in an unprecedented case of Rajasthan Small Industries Corporation Limited v. M/s Ganesh Containers Movers Syndicate, set aside the arbitral award exercising powers under Article 142 of the Constitution of India.
India
4 Mar 2019
5
In Line With Vodafone, Delhi High Court Refuses Another Anti-Bit Arbitration Injunction
Recently, the Delhi High Court in the case of Union of India v. Khaitan Holdings (Mauritius) Limited & Ors., refused to grant anti-arbitration injunction (i.e. stay on arbitration proceedings) to Union of India in a dispute ...
India
21 Feb 2019
6
Bondholders Under IBC: Unravelling No Action Clauses
In this article, we explore the rights of a special class of creditors, i.e. holders of bonds and their ability to initiate corporate insolvency resolution process under IBC in light of "no action clauses" and issues arising thereof.
India
27 Sep 2018
7
Introduction Of Fresh Evidence For Setting Aside Arbitral Award
The dispute arose between M/s Emkay Global Financial Services Ltd.
India
20 Sep 2018
8
Market For Stressed Assets: Truly 'Stressed' Or Disguised 'Desserts' Spelt Backwards?
The fledgling insolvency regime in India is rapidly evolving every few months to keep it on its path to revolutionize the distressed assets market, through a combination of legislative amendments ...
India
7 Sep 2018
9
Amendments To The Commercial Courts Act
The Government, on May 3, 2018, promulgated an Ordinance (Ordinance) amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act).
India
18 May 2018
10
Are You Late In Submitting Your Resolution Plan? Not Really!
The Principal Bench of the National Company Law Tribunal has directed the resolution professional and committee of creditors of Bhushan Power and Steel Limited to consider...
India
11 May 2018
11
Conflict Of Interest In Arbitrator Appointment
The Indian arbitration law underwent a complete overhaul in 2015/16. Various important amendments were made to the Arbitration and Conciliation Act 1996 (the Act).
India
12 Apr 2018
12
Indian Arbitration Act: Is This The End Of The Applicability Debate? (Government Of West Bengal v. Chatterjee Petrochem And Katra Holdings v. Corsair Investments LLC & Ors)
Bhatia International v Bulk Trading S.A. Bhatia International v Bulk Trading (2002) 4 SCC 105 (not reported by Lexis Nexis® UK), entailed that Part I of the Arbitration and Conciliation Act, 1996 will apply to all arbitrations....
India
17 Nov 2017
13
Breathing Fresh Life Into Old Debts
The NCLAT has recently ruled that even if one were to apply the Limitation Act, 1963 to the Insolvency & Bankruptcy Code, 2016, the limitation period for initiating proceedings...
India
10 Nov 2017
14
Supreme Court Claws Into Jaiprakash Associates To Protect Home Buyers
In a move to protect the interest of home buyers, the Supreme Court ("Court") has recently passed an interim order directing Jaiprakash Associates Limited ("JAL")...
India
5 Oct 2017
15
Delhi High Court: Failure To Meet The Contractual Obligations Is No Ground For Lifting The Corporate Veil
Delhi High Court holds that mere failure of a corporate entity to meet its contractual obligations is no ground for piercing the corporate veil.
India
7 Jul 2017
16
Uk Supreme Court: Security Deposit Not A Pre -Condition To Challenge Enforcement On Public Policy Grounds
NNPC had engaged IPCO to design and construct a petroleum export terminal. Pursuant to certain disputes between the parties under Contract dated March 14, 1994...
UK
26 Apr 2017
17
Mediation Rules – Efficient Dispute Resolution Mechanism Or Increasing Uncertainty?
The government has recently notified the Companies Mediation and Conciliation Rules, 2016, pursuant to its powers to implement provisions of the Companies Act, 2013, under s. 469 of the Act.
India
30 Sep 2016
18
Supreme Court Lifts The Corporate Veil And Cancels Allotment Of Land
The Respondent, a company incorporated in Singapore, was the parent of Esys Information Technology ("Esys India") registered under the Companies Act, 1956, having its registered office at Chandigarh.
India
25 Jul 2016
19
Supreme Court Unlocks Information Withheld By RBI
Information cannot be withheld from public on grounds of economic interest of the country.
India
5 Feb 2016
20
Supervisory And Territorial Jurisdiction In Domestic Arbitrations In India
The review petition has therefore been admitted on grounds of semantics.
India
8 Oct 2015
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