It is election season and the Model Code of Conduct for the Guidance of Political Parties and Candidates (MCC)[1] has been in operation since elections were announced on March 16, 2024. The MCC provides that from the time elections
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Commercial Purchases: Conundrum under Consumer Protection Laws
Introduction: Commercial Enterprise and Its Commercial Purpose
The Consumer Protection Act, 1986 (“Act”), and the amended Consumer Protection Act, 2019 (“New Act”), are the go-to sources of reference for consumer disputes and conflicts. The Section 2(1)(d) of the Act and…
Relevant or Relied Upon? Bombay High Court Clears Air on Disclosure of Information by Banks in Wilful Defaulter Proceedings
In Mr. Milind Patel v. Union Bank of India & Ors.[1] (“Judgment”), the Division Bench of the Bombay High Court (“Court”) has inter alia held that lenders/ banks seeking to invoke the Reserve Bank of India, Master Circular on…
Deciphering Court Fee Refunds: A Comparative Analysis of Settlement via ADR v. Private Settlement
Introduction
In the Indian jurisprudence, the levy of court fee is inter alia sanctioned by the Court Fees Act, 1870 (“Court Fee Act”) for the purpose of instituting a suit or claim by a party to the matter or litigation.…
Google Adwords program is not taxable as either “royalty” or “Fee for technical services” in India
The Income Tax Appellate Tribunal, Bangalore (“Tribunal”), recently in Google Ireland Ltd. v. DCIT[1] allowed an appeal by Google Ireland Ltd (“Google Ireland”) and held that the payments received from Google India Pvt Ltd (“Google India”) for granting marketing…
Demystifying Deadline Dilemmas: Analysing the limitation period of Section 11(6) Petitions in Arbitral proceedings in India
INTRODUCTION
Superior courts in India have ratified the stringent deadlines for the various stages in arbitration proceedings, aiming to position India as an arbitration hub. However, it is crucial to establish safeguards to prevent delays in the adjudication process from…
Arrests under PMLA: Arrest first, reasons to follow?
Writ Jurisdiction over Arbitral Proceedings an ‘Exceptional Rarity’: Delhi High Court Reiterates
The Indian Constitution bestows upon the High Courts “extraordinary writ jurisdiction”. While Article 226 empowers Courts to protect and enforce fundamental as well legal rights, Article 227 confers on them the power of superintendence over all courts and tribunals within…
Courting Controversies: Dispute Resolution finds a sweet spot in Indian Media Industry
India’s media and entertainment industry has always been close-knit. It has thrived on inter-personal relationships and handshake deals rather than extensive legal contracts, which worked well for decades. The far and few litigations over the years was telling of this…
Final Word on Enforceability of Unstamped Arbitration Agreements
“It [law of arbitration] is to be expeditious where the law is slow, cheap where the law is costly, simple where the law is technical, a peacemaker instead of a stirrer-up of strife.”[1]
Are arbitration clauses in unstamped or…