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.


201904.27
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DEMAND NOTICE ON THE CORPORATE DEBTOR IN ITS REGISTERED OFFICE OR CORPORATE OFFICE

SERVICE OF DEMAND NOTICE ON THE CORPORATE DEBTOR IN ITS REGISTERED OFFICE OR CORPORATE OFFICE IS A VALID SERVICE UNDER SECTION 8 OF THE CODE IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL Alloysmin Industries. vs. Raman Casting Pvt. Ltd. (Company Appeal (AT) (Insolvency) No. 684 of 2018)                                                                                                                                                                                               FACTS OF THE CASE This appeal has been…

201902.20
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Doctrine of Merger

Doctrine of Merger FACTS A Constitution Bench of the Allahabad High Court declined a reference made to reconsider the law laid down in Dr. Vishwajeet Singh and Ors. V. State of Uttar Pradesh, which dealt with the application of reservation of law in Uttar Pradesh for faculty positions in Higher Educational Institutions. The provisions of the U.P. State…

201902.20
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INSOLVENCY OF BINANI CEMENT – A CASE STUDY

INSOLVENCY OF BINANI CEMENT – A CASE STUDY IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Binani Industries Limited VS.Bank Of Baroda And Anr. [company appeal (at) (insolvency) no. 82 of 2018]dated: 14.11.2018 DETAIL OF APPEALS WITH NCLAT In this case, following appeals were filed with the NCLAT: Company Appeal No. 82, arising out…

201902.09
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Important Orders of NCLAT under IBC

Important Orders of NCLAT under IBC Some of the important orders of NCLAT are as below Allottees of real estate project ‘financial creditors’ under amended Section 5(8)(f) of I&B Code; appeal against NCLT order allowed [Rajendra Kumar Saxena v. Earth Gracia Buildcon (P) Ltd., 2018 SCC Online NCLAT 711, order dated 11-09-2018]  NCLT not to entertain…

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…