May 2, 2022 In Arbitration, Authored Article

Group of Companies Doctrine – Re-affirmed

Nishant Nigam, Partner and Aman Abbi, Associate The Hon’ble Supreme Court of India in an important decision through its recent judgement, in the case of Oil and Natural Gas Corporation Ltd. v. M/s Discovery Enterprises…

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January 28, 2022 In Arbitration, Authored Article

Important Judgements in the field of Arbitration of the year 2021

Nishant Nigam, Partner and Dolma Kashiva, Associate The past year was only slightly better than the year 2020 since the pandemic did not seem to relent. In fact, a huge second wave disrupted most economic…

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June 29, 2021 In Arbitration, Authored Article

ADVANTAGES OF REGISTERING UNDER STARTUP INDIA

Taaniyaa Dograa, Associate During the exceptional and trying times that the prevailing pandemic has brought to the fore, it has been observed that a lot of individuals and like-minded people have come together to establish…

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June 8, 2021 In Arbitration, Authored Article

MODEL TENANCY ACT, 2021

Nishant Nigam, Partner and Arushi Jain, Associate The Model Tenancy Act, 2021 (“MTA”) is a progressive step in matters related to rent and rental housing in the Indian real estate sector. It seeks to promote…

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May 26, 2021 In Arbitration, Authored Article

Doors open for NCLT proceedings against personal guarantors of corporate debtors

Nishant Nigam, Partner The Hon’ble Supreme Court in its latest judgment dated 21.5.2021 in the case of Lalit Kumar Jain Versus Union of India & Ors. has upheld a Notification dated 15.11.2019 issued by the…

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May 4, 2021 In Arbitration, Authored Article

HRERA – Property to be sold on carpet area basis only

Haryana Real Estate Regulatory Authority (HRERA), Gurugram has made sale of property on the basis of “super area or any other basis”, illegal. HRERA has issued regulations that allow the conveyance deeds in the district to be executed only on carpet area basis.

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March 26, 2021 In Arbitration, Authored Article

COST IMPLICATION TO EMPLOYERS DUE TO THE CODE ON WAGES, 2019

The recent amendments to the labour legislation through the amalgamation of 29 legislations into the four codes has been undertaken to provide an impetus to the industry in dealing with issues pertaining to and emanating from employer – employee relations.

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February 4, 2021 In Arbitration, Authored Article

HOME-BUYERS NOT BOUND BY ONE-SIDED CONTRACTUAL TERMS

A much debated topic was finally laid to rest when on January 11, 2021, the Supreme Court, comprising of a bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., in the matter of Ireo Grace Realtech Pvt. Ltd. vs. Abhishek Khanna[1] held that incorporation of one-sided and unreasonable clauses in an Apartment Buyer’s Agreement constitutes an unfair trade practice falling under Section 2(r) of the Consumer Protection Act.

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February 1, 2021 In Arbitration, Authored Article

CONSTITUTIONAL VALIDITY OF Sections 3, 4 & 10 OF THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) 2020

Himanshu Goswami, Partner and Arushi Jain, Associate A three judge bench of the Hon’ble Supreme Court, comprising of Hon’ble Justices RF Nariman, Navin Sihna and KM Joseph in the case of Manish Kumar v Union of…

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January 18, 2021 In Arbitration, Authored Article

FOREIGN DIRECT INVESTMENT INTO LIMITED LIABILITY PARTNERSHIPS IN INDIA

Himanshu Goswami LLP or a Limited Liability Partnership is a type of entity that was first allowed to be set up in India pursuant to the enactment of the Limited Liability Partnership Act, 2008.  LLPs…

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