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Tag: Bombay High Court

Paper reciprocity undermines foreign decrees

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners

Executing foreign decrees in India: Section 44A CPC, reciprocity, comity and Bombay High Court guidance

Bombay HC raises issue over India taxing virtual services

Bombay High Court case sheds light on whether a business in China providing virtual services in India should be taxed in the country

Singer’s personality rights upheld in AI age

The Bombay High Court upheld veteran singer Asha Bhosle’s personality rights against unauthorised AI-generated voice and likeness replication

Classification of Ambani account as ‘fraud’ upheld

The Bombay High Court upheld SBI’s move to label Anil Ambani’s Reliance Communications loan as “fraud”, rejecting his plea of non-involvement in company affairs

Consider enforceability in drafting cross-border arbitration contracts

By Sneha Janakiraman and Hardik Malik, Khaitan & Co

Cross-border disputes show how the choice of law, seat, and institutional rules in arbitration can determine enforceability

Using redevelopment to evict occupants banned

Bombay High Court rules redevelopment cannot replace eviction, protecting occupant’s rights to transit rent and redeveloped premises

No GST on transfer of leasehold rights

By Sadhav Mishra, SNG & Partners

The Gujarat Chamber case eased real estate sector concerns over GST on leasehold rights assignments

Who knows if leases fall under RERA?

By Shrutikirti Kumar and Aman Gupta, Shardul Amarchand Mangaldas & Co

含羞草社区 real estate sector, a major economic and employment driver, is projected to reach USD1.3 trillion, says CREDAI

Protecting personality rights

Where does India stand on protecting the personality and publicity rights of famous people, asks Satvik Varma

Iqbal Chagla remembered as voice against irregular practices

Renowned senior advocate Iqbal Chagla, a staunch opponent of judicial corruption, passed away on 12 January 2025 at 85

Failing to follow procedure no defence to fraud

By Manisha Singh and Malyashree Sridharan, LexOrbis

In Quality Services and Solutions v QSS Inspection and Testing, the plaintiffs sought urgent interim relief against the defendants

Arbitrators’ rights to terminate proceedings curbed

The Supreme Court has delivered a significant judgment, in Dani Wooltex Corporation & Ors v Sheil Properties & Anr

IBC section 32A rules even the PMLA

By Sonam Gupta, Bharucha & Partners

Disputed jurisdiction for property, commercial contracts

Bombay HC: Civil court's jurisdiction in dispute over MoU. Remanded for reconsideration under correct provision

Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners

Fresh directions

National Company Law Tribunal Mumbai counsel Mansi Kaku explores crucial changes to align corporate insolvency resolution and overcome challenges

Resolving an unstamped non-disclosure agreement

In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause

No secrets possible in public domain

By Essenese Obhan, Sumathi Chandrashekaran and Ayesha Guhathakurta, Obhan & Associates

No arbitration for time-barred issues

The Bombay High Court, in Shriram?EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, held that it would not be right for the court to foist unwarranted arbitration on the parties when clearly on the facts the cause was a dead letter

No disqualification when arbitrator assists on unrelated matter

The Bombay HC ruled that an arbitrator's acceptance of a brief from a law firm representing a party in an arbitration won't disqualify them if it's unrelated to the case

Bombay High Court upholds pre-2013 put options

By Sneha Jaisingh and Anshul Singh, Bharucha & Partners

Separate cotton contracts do not unravel dispute decision

The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996

Time not of the essence in sale of immovable property agreements

The Bombay High Court has held that as a general proposition of law, in the case of the sale of an immovable property, there is no assumption as to time being the essence of the contract

Juris represents CCI over broadcasters’ writs against probe

Juris Corp successfully represented the Competition Commission of India (CCI) in opposing the writ petitions filed by three broadcasting companies before the Bombay High Court

Too much power?

How the Enforcement Directorate turned into a veritable bogeyman for India Inc

High court upholds injunction for Trilegal client Wipro

Trilegal assisted Wipro Consumer Care to uphold an injunction in a commercial intellectual property suit involving its flagship soap brand Santoor being disparaged in a Sebamed advertising campaign by rival company USV

Solomon & Co promotes Putta, Maniar, Aikin to partnership

Mumbai-based law firm Solomon & Co Advocates & Solicitors, founded in 1909, elevated associate partners Soniya Putta, Shruti Maniar and Jacqueline Aikin to the firm’s partnership

New ASCI code prohibits stereotypes and prejudice

By Ashima Obhan and Anubhav Chakravorty, Obhan & Associates

Court not obliged to remit matters to arbitral tribunals

In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh?and Aniruddha Banerji, Bharucha & Partners

CCI’s hands tied in debt trustee dispute

含羞草社区 antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay High Court after the banks challenged the jurisdiction of the Competition Commission of India (CCI) in April this year

Rising prominence of store layouts in IP disputes

By Prachi Agarwal and Mishthi Dubey, Anand & Anand

Cheques and balances

The number of criminal cases filed against cheque defaulters has overwhelmed 含羞草社区 judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George W Russell reports

Limited challenge to foreign arbitral award enforcement

By Karthik Somasundram and Bhavi Vora, Bharucha & Partners

Influence marketing stops where the law begins

By Ashima Obhan and Shuchi Dutta, Obhan & Associates

A small suffix causes big IP dispute

By Manisha Singh and Malyashree Sridharan, LexOrbis

Stamp duty chargeable on inter-state amalgamations

By Vivek Vashi and Shreya Ramesh, Bharucha & Partners

Amalgamations: court no judge of commercial wisdom

By Shilpa Shah and Sharan A Kukreja, Singhania & Partners

Option agreements in India

By Uday Walia and Brajendu Bhaskar, S&R Associates

Court intervention in the reduction of share capital

By Anuj Prasad, Anu Susan Abraham and Priyanka Sant, Amarchand & Mangaldas & Suresh A Shroff & Co

No fundamental rights for visa seekers

Bombay High Court dismissed a foreign national’s plea challenging 含羞草社区 employment visa policy, ruling that visa denial is not a justiciable issue

Indemnity clauses in commercial contracts

By Uday Walia and Palash Gupta, S&R Associates

Course correction on free transferability of shares

By Amit Kumar, Arvind Sharma and Ambarish Mohanty, Amarchand & Mangaldas & Suresh A Shroff & Co

Pre-emptive clauses in public companies void

By Vivek Vashi, Bharucha & Partners

Successful enforcement of domain names in India

By Abhai Pandey, Lex Orbis IP Practice

Acquisition, delisting and minority squeeze-out

By Uday Walia, S&R Associates

Freedom of contract in PPP projects

By Akshay Jaitly, Sakya Singha Chaudhri and Nayantara Nag,Trilegal

Analysing restrictions on the transfer of shares

By Harry Chawla and Chandrasekhar Tampi,Amarchand & Mangaldas & Suresh A Shroff & Co

Lights, camera, action! Identifying performer’s rights

By Rahul Chaudhry,Lall Lahiri & Salhotra

Offshore deals may be taxable in India

By Sumes Dewan and Shradha Puri,KR Chawla & Co

Hutch-Vodafone may have deep tax implications

By Jasman Boparai, Titus & Co

Enforcing foreign judgments in India

By Niranjan Raj, Titus & Co

Employees play their own role in corporate mergers

By Diljeet Titus and Niranjan Raj, Titus & Co

Correspondents

Foreign Decree Enforcement Indiavideo

Paper reciprocity undermines foreign decrees

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners
Biosimilar Patent Litigation India

Trends in biologic patent litigation

By Swati Sharma and Gitika Suri, Cyril Amarchand Mangaldas
konektadong-pinoy-act-expanding-access-redefining-competition

Konektadong Pinoy Act: Expanding access, redefining competition

By Jayson P Baltazar, ACCRALAW
NSDL Share Transfer Rulesvideo

Consent required for electronic share transfer in private companies

By Ayush Jain and Priankita Das, Bharucha & Partners

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