LIQUIDATED DAMAGES CANNOT TRIGGER INSOLVENCY PROCEEDINGS Judgment: Gujarat Urja Vikas Nigam Limited vs Nitash Co-generation Private Limited Forum: National Company Law Tribunal, Mumbai Bench (“NCLT”). Act/Law: The Insolvency and Bankruptcy…
DEBENTURES AS INVESTMENT INSTRUMENT A. Introduction The term ‘Debentures’ as defined under the Companies Act, 2013 (“Act”) includes “debenture stock, bonds or any other instrument of a company evidencing a…
Open General Export Licenses In lieu of the Government’s mandate to ensure ease of doing business, the Department of Defence Production (DDP) has published two notifications dated October 21, 2019…
Implications of the WTO Panel’s Decision: India – Export Related Measures (DS541) BACKGROUND On October 31, 2019, a WTO Panel issued its report in the dispute India – Export Related…
Interplay of Goods and Services Tax Laws vis-à-vis Customs Laws INTRODUCTION There is no doubt, the introduction of GST has allowed its effects to be felt in other laws, including…
Scrutiny of the Online Hotel Booking Sector by the Competition Regulator India’s e-commerce revenue is growing at an annual rate of 51% the highest in the world46. A sector which…
Consumer Protection Act, 2019: Changing Consumer Law Landscape in Changing Times INTRODUCTION The Consumer Protection Act, 2019 (new CPA) is set to replace the three-decade old 1986 enactment (old CPA).…
MCA Opens a New Way Out for an Old Problem – Squeezing Out the Minority Shareholders from a Company The Ministry of Corporate Affairs, Government of India (“MCA”) vide its…
Sanctions, Exports Controls, CFIUS and ICTS As an important foreign policy tool to tackle geopolitical challenges, the United States (US) continues to impose economic sanctions on various countries including Iran,…
SEBI Framework on Superior Voting Rights INTRODUCTION In a previous edition of ‘India Update’ (Part 2 of 2019), given the backdrop of a hostile takeover in India’s IT sector, we…