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.


201810.01
0
0

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…

201807.18
0
0

Supplier under MSMED Act

“Even if an entity has not filed a Memorandum as required under Section 8(1) of the MSMED Act, it would still be treated as a supplier under Section 2(n) of the MSMED Act if it falls within the definition of the micro/small enterprise. ISSUE The Court had to deal with an issue as to whether…

201807.10
0
0

Res Judicata Vs Principle of Consistency

Res Judicata Vs Principle of Consistency   In Principal Commissioner of Income Tax v. M/s Quest Investment Advisors Pvt. Ltd, under Income Tax Appeal No. 280 OF 2016 – High Court of Bombay dealt with “Res Judicata” and “Principle of Consistency” as held as under: ISSUES 1.Whether the Tribunal was justified in deleting the disallowance made under…

201806.14
0
0

HOME BUYERS IN THE CLUB OF FINANCIAL CREDITORS

HOME BUYERS IN THE CLUB OF FINANCIAL CREDITORS UNDER IBC (AMENDMENT) ORDINANCE 2018-Amendment w.e.f. 6th June, 2018 With the background of pathetic condition of home buyers due to malpractice of builders and recent developments, an ‘Explanation’ has been added to Section 5(8)(f) of IBC as under; “An amount raised from an allottee under a real estate project…

201803.31
0
0

Foreign Exchange Management (Cross Border Merger) Regulations, 2018

Cross Border Merger Regulations Enacted – A Boost to Foreign Investment in India INTRODUCTION The Reserve Bank of India has finally enacted the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 vide notification No. FEMA 389/2018-RB dated 20th March 2018. Before the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 coming into force, the Companies…

201803.21
0
0

IBC – A Savior for Employees

   IBC – A Savior for Employees The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code”) provides that all the employees and workmen must be considered within the meaning of the operational creditors as defined under Section 5 (20) of the IB Code which states that: “”Operational creditor” means a person to whom…

201803.15
0
0

Companies Act Vs Limitation Act

BENGAL CHEMIST AND DRUGGISTS ASSN. vs KALYAN CHOWDHURY In the Supreme Court of India, Civil Appeal No. 684 of 2018 RATIO 1: Section 421(3) of the Companies Act, 2013 is peremptory in nature. RATIO 2: Under Section 433 of the Companies Act, 2013 the provisions of the Limitation Act shall not apply”.   BRIEF FACTS:…