Searching Content indexed under Contracts and Commercial Law by Khaitan & Co ordered by Published Date Descending.
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External Commercial Borrowings: End Uses Relaxed Further
In view of stakeholder comments and in order to provide a diverse source of funds, reduce stress and ease the liquidity crisis for corporates in certain sectors, the Reserve Bank of India has relaxed the restrictions relating to ...
7 Aug 2019
Bombay High Court: Mandatory Timeline For Filing Written Statement In 120 Days Under CPC Not Applicable To ‘Transferred' Commercial Suits
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
19 Jun 2019
Supreme Court Strikes Down Clause Mandating Payment Of Deposit As Pre-Condition To Invoking Arbitration
The Supreme Court, in its recent judgment in ICOMM Tele Ltd. v Punjab State Water Supply and Sewerage Board & Anr., delivered on 11 March 2019, has ruled on the validity of an arbitral clause mandating deposit ...
5 Apr 2019
SC Fortifies Principles Of Incorporating Arbitration Clause By Reference
Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No. 1695 of 2019 decided on 15 February 2019), the Supreme Court has fortified the principle of incorporation of an arbitration clause ...
13 Mar 2019
Supreme Court: Filing Of Written Statement Within 120 Days From Issuance Of Summons Is Mandatory
The Hon'ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. held that the failure to file written statements within the statutory time period ...
12 Mar 2019
Supreme Court Lays Down Guidelines To Determine The Interest Payable On Arbitral Awards In International Commercial Arbitrations
The arbitral tribunal's award contained separate sums of money payable under each claim
1 Nov 2018
Specific Relief (Amendment) Act, 2018
The Specific Relief (Amendment) Act, 2018 (Amendment Act) was published in the official gazette on 1 August 2018.
17 Aug 2018
Arbitrator's Power To Award Pendente Lite Interest: A Myth Or A Reality
The Supreme Court granted leave to appeal to the Appellant challenging the final judgments and orders dated 23 July 2015 and 05 November 2015 passed by the Gujarat High Court.
26 Jul 2018
Evolution Of E-Pharmacies In India – Booming Present, But An Uncertain Future
The e-commerce sector has grown exponentially over the last decade and has revolutionised the interplay between internet and commerce worldwide.
18 Jul 2018
The Specific Relief (Amendment) Bill, 2017
The Specific Relief Act 1963 (Act) sets out the remedies available to parties whose contractual or civil rights have been violated.
26 Apr 2018
Daichii- Ranbaxy Dispute: Implications For Buyers And Sellers
The recent dispute between Daichii Sankyo Company Limited and Singh Brothers has reignited several interesting questions on buyer seller dynamics in M & A transactions.
7 Mar 2018
'Prior Notice' Requirement Under Section 34(5) Of The Amended Arbitration And Conciliation Act, 1996 Is Directory And Not Mandatory
The High Court has inter alia held that Section 34(5) and Section 34(6) of the amended Arbitration Act shall not be applicable to petitions arising from arbitral proceedings commenced before the enforcement of the Amendment Act...
27 Feb 2018
Draft Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Rules, 2018 Notified
On 2 February 2018, the Government of Maharashtra notified draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 ...
26 Feb 2018
E-Commerce Entities - Legal Metrology (Packaged Commodities) Amendment Rules, 2017
The Central Government in exercise of its powers provided under the Legal Metrology Act, 2009 (Act) issued the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) which lays down provisions in relation to pre-packaged commodities meant for wholesale and retail sale in India.
10 Jan 2018
Delhi High Court Rules On The Issue Of Two Indian Parties Choosing A Foreign Seat For Arbitration And The Arbitrability Of The Issue Of Alter Ego
On 14 November 2017, the Hon'ble Delhi High Court decided the issue regarding two Indian parties choosing a foreign seat of arbitration and the arbitrability of the principle of alter ego or piercing of the corporate veil.
28 Nov 2017
Supreme Court Rules On The Issue Of Composite Reference To Arbitration Under Multiple Agreements
THon'ble Supreme Court pronounced a judgment in the case of M/s Duro Felgueria SA v M/s Gangavaram Port Limited wherein the issue of composite reference to arbitration under multiple agreements between three parties was decided.
31 Oct 2017
Overseas Contractual Mergers And The Takeover Code
The Securities and Exchange Board of India (SEBI) has given a view that contractual mergers effected in foreign jurisdictions which per se do not follow a merger approval process similar to India, despite regulatory oversight...
17 Oct 2017
SC: Arbitrator Cannot Award Pendente Lite Interest When Specific Provision In Contract Bars Payment Of Interest
The Supreme Court granted leave to appeal to the Appellant challenging the legality and correctness of the judgment and order dated 29 September 2011 passed by the Division Bench of the Calcutta High Court.
10 Oct 2017
Bombay High Court Rules Arbitration Clause In Draft Concession Agreement Annexed To Bid Document Not Binding On Parties
A Single Judge of the Bombay High Court (Court), vide its Order and Judgement dated 19 September 2017, found that an arbitration clause in the draft concession agreement annexed to the bid document does not constitute a binding arbitration agreement between the parties.
6 Oct 2017
SC: Employee Of A Party Allowed As ‘Arbitrator' In Proceedings Initiated Prior To 2015 Amendment To The Arbitration And Conciliation Act
The matter involved an interesting proposition of law in dealing with a challenge raised by Era Infra before the Delhi High Court in two separate petitions filed against Aravali Power under Section 14 and 11(6) of the 1996 Act...
21 Sep 2017
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