Authors Posts by Obhan&Associates

Obhan&Associates

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Who Judges Whom: Turf Wars, Forum Shopping and Anti-suit Injunctions

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ...

WINDS OF CHANGE: UNSTAMPED ARBITRATION AGREEMENTS AND THE DOCTRINE OF SEPARABILITY

In the past, the Supreme Court has examined what would transpire in the event an arbitration agreement was not duly stamped. The Supreme Court, in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd (“SMS Tea Estate Decision”), when examining an application under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”) held that, a court before admitting any contract into evidence or acting upon the contract, needs to examine whether the contract has been duly stamped. ...

Non-Fungible Tokens, the Vanguard of Innovation or Simply Another Trend?

The past few years have seen some breath-taking innovation take place across sectors and industries, which have revolutionised the traditional lens with which these industries were once perceived. For instance, in a demonstration of sheer democratisation, the prominent stock exchanges, including the New York Stock Exchange, once thought to be solely the bastion of the intimidating Wall Street steadies, was taken over by regular individuals belonging to the website Reddit. ...

PRE-PACKAGED INSOLVENCY FOR MSMES

On April 4th, 2021, the Insolvency and Bankruptcy Board of India (“IBBI”) notified the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 (“Ordinance”) that introduces the Pre-packaged Insolvency Resolution Process (“PPIRP”) for micro, small and medium entities (“MSMEs”). The Ordinance comes into effect from April 4th, 2021. ...

Is your original work automatically protected by copyright?

One of the first questions that comes to the mind of an artist or a creator, as soon as a work is created, is how can the work be protected. Is protection available only if the work is “registered”, or does protection follow automatically from the time of its creation? The issue of whether copyright registration is compulsory or not is a long standing one; and due to various conflicting judgements in India, artists and creators have always been uncertain about this matter. ...

Supreme Court on Maintainability of Action under Section 7 of IBC Against a Corporate Guar...

In a recent judgment delivered by the Supreme Court of India ("Court") in Laxmi Pat Surana vs. Union Bank of India & Anr. , the Court has held that the principal borrower need not be a ‘corporate person’ for insolvency process to be initiated against a company which stood as its guarantor, under the Insolvency and Bankruptcy Code, 2016 ("IBC"). ...