by Majmudar & Partners | Nov 15, 2018 | Tax
Financial, legal and risk management services not “Included Services” In the case of US Technology Resources Private Ltd v. DDIT, the Kerala High Court (the “KHC”) has held that management, financial, treasury and risk management services, and advising on legal...
by Majmudar & Partners | Nov 1, 2018 | Insolvency and Restructuring
Under India’s Insolvency and Bankruptcy Code, 2016 (the “Code”), a potential bidder (who has been party to or caused the indebtedness and insolvency of a company) can be disqualified from bidding for and submitting a resolution plan to rehabilitate the company. The...
by Majmudar & Partners | Oct 1, 2018 | Technology, Telecommunication and Media
Background On March 26, 2016, the Indian government promulgated the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Aadhar Act”) with the objective of, inter alia, providing good governance, and an efficient and...
by Majmudar & Partners | Sep 27, 2018 | Disputes and Arbitration, Insolvency and Restructuring
Introduction In a recent judgment in the case of K. Kishan v. Vijay Nirman Company Pvt. Ltd., India’s Supreme Court (the “Supreme Court”) has examined whether an insolvency process can be put into operation when there is a pending proceeding challenging an arbitral...
by Majmudar & Partners | Sep 3, 2018 | Disputes and Arbitration
Introduction India’s Specific Relief Act, 1963 (the “Act”) permits a party to seek specific performance of a contract as an alternative to seeking damages for breach of contract or failure to perform the contract under the Indian Contract Act, 1872. On January 28,...
