Tag: Contract Act
February 21, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Amendment of the CIRP Regulations to Streamline the Ins...
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ......
December 27, 2023
Dispute Resolution / Arbitration
Dispute Resolution / Arbitration
The Delhi High Court Sheds Light on the Requirement of ...
The High Court of Delhi, in the case of Smaash Leisure Ltd. vs. Ambience Comemrcial Developers Private Limited has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice the requirement of 'express agreement' under Section 12 (5) of the Arbitration and Conciliation Act, 1996 ("Act"). ......
June 1, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Conversion Vs. Actual Sale : Pledge Over Dematerialised...
On May 12, 2022, the Supreme Court considered the interplay between the Indian Contract Act, 1872 (“Contract Act”) and the Depositories Act, 1996 (“Depositories Act”) in relation to the pledge of shares and held that the Contract Act does not recognise the sale of the pledged goods by the pawnee to himself in the event of default of payment by the pawnor. ......
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
Guide to the 13th Nice Classification (2025-26) for Trademarks in India
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
A Stitch in Time: Quia Timet and Trademarks in India
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
May or Shall: A Curious Case of usage in Arbitration Clauses
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
E-Acceptance of Arbitration Agreements: Valid under Law?
The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.
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