Cyril Amarchand Mangaldas

Latest from Cyril Amarchand Mangaldas - Page 3

November 10, 2020

India has one of the most detailed set of laws and regulations governing disclosures and approvals of related party transactions (RPT) regulating both listed and unlisted companies. The provisions of Section 188 of the Companies Act, 2013 (the Act) are applicable if: a company enters into a transaction with a ‘related party’ as defined under Section 2(76) of the Act; such transaction falls under any of the categories specified under sub-clause (a) to (g) of…

India Corporate Law

Does an Arbitration Clause survive Novation of an Agreement?

By Aditya Mehta, Manasvi Nandu & Tanya Singh

November 6, 2020

Introduction: Recently in Sanjiv Prakash v. Seema Kukreja & Ors.[1], the Delhi High Court has reiterated that novation of an agreement would necessarily result in destruction of the arbitration clause contained therein. In this regard, it was observed that an arbitration agreement being a creation of an agreement may be destroyed by agreement. Facts of the case: Respondent No. 3 had incorporated a company in 1971, under the name of Asian Films…

India Corporate Law

Bureaucratic delay: No more a ground for seeking condonation of delay by State and public bodies?

By Radhika Dubey & Prafful Goyal

November 6, 2020

“… if the Government machinery is so inefficient and incapable of filing appeals/ petitions in time, the solution may lie in requesting the Legislature to expand the time period for filing limitation for Government authorities because of their gross incompetence. That is not so. Till the Statute subsists, the appeals/petitions have to be filed as per the Statues prescribed.”[1] The recent pronouncement of the Supreme Court, a bench comprising of Hon’ble Mr. Justice Sanjay…

India Corporate Law

FDI IN DIGITAL MEDIA: A CASE FOR FURTHER CLARIFICATION

By Akila Agrawal & Varun Sehgal

November 5, 2020

The Government of India recently issued a clarification on FDI in digital media sector. The pre-cursor to this clarification is Press Note 4 of 2019 (“Press Note 4”) that allowed up to 26% FDI in entities engaged in uploading/ streaming of news and current affairs through digital media platforms under the Government approval route, similar to the print media sector. We have analysed the implications of the recent clarifications on entities that are engaged…

Private Client

Destroy older will if you make a new one with revisions

By Rishabh Shroff & Tanmay Patnaik

November 4, 2020

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the following Q&A which was published by the Mint Newspaper on 04th November, 2020 and the online edition of the same can be found here. I made a will and got it duly registered, declaring my wife as the executor and trustee. After her demise, my daughter and son will be the executors and trustees. Both…

India Corporate Law

Raising Cross-Border Debt – The Indian and US Experience

By Pooja Patel, Siddharth Anand & Guest Author

November 4, 2020

CAM authors collaborate for this article with our Guest Authors – Michael J. Cochran, Partner at Kilpatrick Townsend & Stockton and Gabrielle Gollomp , Associate at Dentons _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ India Over the last decade, alternatives to traditional bank lending have…

India Corporate Law

Understanding Cross Border Legal Assistance

By Faraz Alam Sagar, Sara Sundaram & Pragati Sharma

October 29, 2020

The increasingly globalised and liberated world economy has created opportunities for economic growth as well as transnationalisation of crimes. Economic liberalisation aided by technological advancements has contributed significantly to complex cross-border offences with actors and offences and its implications occurring in multiple jurisdictions as well as the offenders seeking refuge in foreign jurisdictions. Especially with increase in organised crime, trafficking of humans and drugs, smuggling, mutual legal assistance is an invaluable resource in investigating crimes…

India Corporate Law

Automatic Vacation of Stay Orders in Six Months: A Positive Affirmation

By Bishwajit Dubey & Ashlesha Mittal

October 28, 2020

Cases in India can take years to be disposed of. Stay of proceedings on account of interim orders has been greatly responsible for causing inordinate delay in disposal of cases. These orders typically stay effective unless expressly vacated, or until a final order is passed, which then subsumes the interim order. Interim orders that stay proceedings before a subordinate court are often misused by litigants as a dilatory tactic to maintain status quo in their…

India Corporate Law

Self Regulation – A Gamechanger for Online Fantasy Sport

By Rishabh Shroff, Arun Prabhu, Anirban Mohapatra & Kartik Prasad

October 27, 2020

Innovation and growth, particularly in new age industries and sunrise sectors, is never a uniform or predictable process. Every industry, in its nascent stages of growth, attracts certain players who enter with a long-term vision of sustainability and others who operate with a myopic vision of short-term gains, taking advantage of regulatory arbitrage. While this creates the need to regulate these sectors, their complex and dynamic nature often require deep industry knowledge and flexibility, which…

India Corporate Law

United Arab Emirates: Reciprocating Country under Indian Laws

By Ankoosh Mehta, Kriti Srivastava & King Dungerwal

October 22, 2020

I. Introduction India and the United Arab Emirates (“UAE”) have had strong diplomatic and trade relations since decades. At the 13th Session of the “India-UAE Joint Commission Meeting on Trade, Economic and Technical Cooperation” held on August 17, 2020, representatives from both India and UAE expressed optimism over the growing trade, economic and investment cooperation between the two countries. While both the countries are optimistic about growth in trade relations, the Indian Government in the…

Cyril Amarchand Mangaldas

Arm’s Length Pricing -Navigational Tools for the Audit Committee

Does an Arbitration Clause survive Novation of an Agreement?

Bureaucratic delay: No more a ground for seeking condonation of delay by State and public bodies?

FDI IN DIGITAL MEDIA: A CASE FOR FURTHER CLARIFICATION

Destroy older will if you make a new one with revisions

Raising Cross-Border Debt – The Indian and US Experience

Understanding Cross Border Legal Assistance

Automatic Vacation of Stay Orders in Six Months: A Positive Affirmation

Self Regulation – A Gamechanger for Online Fantasy Sport

United Arab Emirates: Reciprocating Country under Indian Laws

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