Summary: The Securities Appellate Tribunal and Supreme Court recently had the occasion to examine what amounts to securities fraud. While in BDMCL, the SAT examined whether the essential ingredients of fraud were satisfied, in Terrascope, the Supreme Court ruled that
Summary: The Supreme Court in Jagdeep Chowgule v. Sheela Chowgule resolved conflicting High Court views on whether Section 29A application to extend an arbitral tribunal’s mandate lies before the High Court or the Civil Court. Drawing a clear and principled
Summary: The article examines the Indian Supreme Court’s landmark ruling in C. Velusamy v. K. Indhera, which confirms that courts retain the power under Section 29A(5) of the Arbitration and Conciliation Act, 1996 to extend an arbitrator’s mandate even after
Summary: Recent Indian jurisprudence confirms that depositing an arbitral award amount with the court during Section 34 proceedings stops interest from running, but only if the deposit is full, unconditional, and properly notified. Partial payments made over time do not
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
