Summary: This article analyses the Bombay High Court’s decision in Ningbo Aux Imp and Exp Co Ltd v. Amstrad Consumer India Pvt Ltd & Anr., which held that enforcement of a foreign arbitral award under Part II of the Arbitration
Summary: This article examines the legal principles which allow for discharge of contractual performance, in the context of the ongoing war in West Asia and the blockade of the Strait of Hormuz.
Summary: The Companies Act, 2013, under Section 66, permits the reduction of share capital by a company “in any manner”, subject to passing a special resolution and attaining a confirmation from the National Company Law Tribunal. Whether this flexibility can
Summary: The recent decision of the Supreme Court in B. Prashanth Hegde v. State Bank of India recognises that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), that substantially complies with the requirements cannot be
Summary: This article traces the Supreme Court’s resolution of the long-standing conflict between State rent control legislations and the Public Premises Act (Eviction of Unauthorised Occupants) Act, 1971 (“PP Act”). In 2014 a division bench of the Supreme Court in
Summary: This two-part series uses the WazirX cyberattack of July 18, 2024, in which crypto assets worth approximately USD 230 million were stolen from a multisig wallet, as a factual anchor to map the full spectrum of legal remedies available
Summary: This article examines the necessity of furnishing an electronic evidence certificate for proving the contents of documents in electronic form during arbitration proceedings. While an electronic evidence certificate has been held as a mandatory requirement in court proceedings, some
Summary: The Supreme Court has held that entries in a corporate debtor’s balance sheet, when read alongside corroborative materials including cash flow statements, constitute a valid acknowledgement of debt under Section 18 of the Limitation Act, 1963, thereby resetting the
Summary: This article examines the Bombay High Court’s ruling that foreign decrees from reciprocating territories are executable as domestic decrees, provided they satisfy Section 13 of the CPC, affirming the position that executing courts retain discretion to permit evidence in
The Companies Act, 2013 (“CA 2013”), and the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (“2016 Rules”), allow companies to jointly or separately file an application for merger or amalgamation before the National Company Law Tribunal (“NCLT”). However, companies with
