Tag Archives: tribunal

Winding up of companies fall within the exclusive jurisdiction of NCLT: NCLAT

The National Company Law Appellate Tribunal (NCLAT) reiterated that dispute relating to oppressional mismanagement and cases where winding up of companies may be required fall within the exclusive jurisdiction of National Company Law Tribunal and cannot be referred to arbitration. … Continue reading

Posted in Arbitration Conciliation Law, Company Law, Consumer Law, Contract Law, General Law, International Law, mediation | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Sections 124/125 and 47/57 of Trademarks Act are not mutually exclusive: SC

In an important ruling, the Supreme Court of India clarified that during a civil suit if an aggrieved party does not approach the Tribunal for a decision on the issue of invalidity of trademark registration, the right to raise the … Continue reading

Posted in General Law, Intellectual Property Law, International Law, trademark, TRIPS | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Limitation Act not applicable to Insolvency Code: NCLAT

The National Company Law Appellate Tribunal recently ruled that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) as the latter is not a code for recovery of money claim, rather it relates … Continue reading

Posted in Administrative Law, Banking Law, Company Law, Consumer Law, Contract Law, General Law, Insolvency & Bankruptcy Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Compensation received from Govt for a deceased employee should be deducted from total compensation: SC

The Supreme Court of India clarified that the compensation received from the Government by the dependents of a deceased employee in a motor vehicle accident should be deducted from the total compensation payable to such dependents by the tortfeasor or … Continue reading

Posted in Consumer Law, Contract Law, Employment Law, General Law, Insurance Law, Labor Law, Motor Vehicle Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Corp guarantees have no bearing on profits: ITAT

In a recent ruling, Income Tax Appellate Tribunal (ITAT) held that when corporate guarantees are in the nature of shareholder activities, they have no bearing on profits and in such cases no arms length price adjustments need to be made. … Continue reading

Posted in Banking Law, Company Law, Contract Law, FDI, General Law, Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Interest not payable if agreed by parties: SC

The Supreme Court of India ruled that a party is not liable to pay interest to the other party if they have decided against paying interest on the amounts payable in the contract. “When parties to the contract had agreed … Continue reading

Posted in Arbitration Conciliation Law, Civil Law, Contract Law, General Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Involuntary presence rules out resident status: DHC

The Delhi High Court recently ruled that the assesse is to be considered as non-resident Indian for the purposes of the Income Tax Act for the period for which he was in India ‘involuntarily’ on account of his passport having … Continue reading

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