Legal Intelligence Series

“Legal intelligence Series” is an article blog of AMLEGALS. It  focuses on legal updates and latest changes in Goods & Services Tax in India(GST), Indirect Tax, Arbitration, Insolvency & Bankruptcy (IBC), IPR- Patents, Trademark & Copyright, Contract Laws, Corporate Laws, miscellaneous laws in India etc.
This blog of our law firm has updates on recent case laws of Supreme Court of India, different High Courts of India, Tribunals & various Authorities as well as international laws & Courts.


201901.18
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No Moratorium On Insolvency of Subsidiary Company During Pendency of CIRP of Parent Holding Company

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL Ashok B. Jiwrajka, Director of Alok Industries Ltd. vs. Axis Bank Ltd. (Company Appeal (AT) (Insolvency) No. 683 of 2018)     dated:16.01.2019 FACTS OF THE CASE This appeal has been preferred by Mr. Ashok B. Jiwrajka (herein after referred to as Appellant) erstwhile ‘Director’ of ‘Alok Industries Limited’ against…

201901.16
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NCLT HAS NO POWER TO CONVERT A CIRP INTO FAST TRACK CIRP, EXTEND CIRP PROCESS BEYOND 270 DAYS AND REJECT THE FEES OF RP ALREADY FIXED BY COC

NCLT HAS NO POWER TO CONVERT A CIRP INTO FAST TRACK CIRP, EXTEND CIRP PROCESS BEYOND 270 DAYS AND REJECT THE FEES OF RP ALREADY FIXED BY COC IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL Sanjay Kumar Ruia vs. Catholic Syrian Bank Ltd. & Anr. (Company Appeal (AT) (Insolvency) No. 560 of 2018)     dated: 03.01.2019…

201901.16
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“Seat of Arbitration” and “Venue of Arbitration” Cannot Be Used Synonymously

“Seat of Arbitration” and “Venue of Arbitration” Cannot Be Used Synonymously IN THE HIGH COURT OF DELHI AT NEW DELHI DREDGING CORPORATION OF INDIA Vs. MERCATOR LIMITED ARISING OUT OF O.M.P (COMM.) 334/2018, O.M.P (COMM.) 335/2018 & O.M.P (COMM.) 336/2018 (DATE – 10.10.2018) FACTS The Petitioner had entered into three Time Charter Party Agreements (hereinafter…

201901.06
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MULTINATIONALS TO FILE COUNTRY-BY-COUNTRY REPORT LOCALLY

COMPULSION FOR MULTINATIONAL ENTERPRISES IN INDIA 1.INTRODUCTION OF BASE EROSION AND PROFIT SHIFTING (BEPS) IN INDIA INDIA – The Indian Government vide Notification No. 88/2018 dated 18.12.2018 has finally implemented Country-by-Country Reporting (CbCR) filing requirements in terms of OECD guidelines. It shall be applicable for Indian constituent entities of large multinationals parented in some foreign…

201901.04
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BLOCKCHAIN & IPR

1.What Is blockchain? There is no denying the fact that Blockchain is ‘as ingenious an invention’ as it is misunderstood. People mostly associate Blockchain with online currencies or “Cryptocurrencies” like “‘Bitcoins”. While it’s true “Cryptocurrencies” are predominantly based on the Blockchain technology but the technology itself is much more than being part of Fin-Tech ecosystem. …

201812.20
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Recourse To IBC Is Not Maintainable If Existence Of Debt Is Disputed – IBC Is Not A Recovery Forum

Recourse To IBC Is Not Maintainable If Existence Of Debt Is Disputed – IBC Is Not A Recovery Forum IN THE SUPREME COURT OF INDIA Transmission Corporation of Andhra Pradesh Ltd. v. Equipment Conductors and Cables Limited.Civil Appeal No. 9597 OF 2018Judgment on 23.10.2018 FACTS Transmission Corporation of Andhra Pradesh Ltd. (the “Appellant” herein) is…

201810.06
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Triple Identity Test For Infringement In Trademark

  TRIPLE IDENTIFY TEST FOR INFRINGEMENT IN TRADEMARK                                           IN THE HIGH COURT OF DELHI                        M/S SUMEET RESEARCH AND HOLDINGS PVT.LTD & ANR. VS. M/S SIPRA APPLIANCES ARISING OUT OF CS (COMM) 428/2016 & I.A 13428/2015 FACTS The Plaintiff No. 1 Company was incorporated in 1980 and the word ‘SUMEET’ has been an integral ingredient of…

201810.01
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Is your Contract Safe ?

Is your Contract Safe ? Precautions are must to be taken in a Contract to make it Safe. Contract A business transaction between two or more parties are summarized and documented to make it enforceable in law. AMLEGALS consider a contract to be “Heart & Soul” of any business. This legal intelligence series is intended to…