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The Supreme Court while dismissing an appeal by the NOIDA SEZ which had challenged the approved resolution plan has held that the Insolvency and Bankruptcy Code (IBC) shall prevail over the Special Economic Zone Act, 2005 (“SEZ Act”).
The Supreme Court in a recent judgment in the matter of Central Warehousing Corporation & Anr. Vs. M/S Sidhartha Tiles & Sanitary Pvt. Ltd., has held that the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 do not take precedence over the Arbitration and Conciliation Act, 1996, where dispute arise between parties from contractual obligations.
The Supreme Court has directed the state of West Bengal to expeditiously constitute Municipal Building Tribunal under the Kolkata Municipal Corporation Act, 1980. Noting that aggrieved parties have been deprived of their right to file statutory appeal, and are relegated to approach the High Court for an appropriate relief the court granted two weeks’ time to the State of West Bengal to appoint the requisite remaining members.
The National Financial Reporting Authority (NFRA) has found serious lapses and absence of due diligence in respect of audit of Coffee Day Enterprises Limited (CDEL), a listed company, for FY 2018-19 and has imposed fine amounting to INR 100 million on the Principal Auditor M/s BSR & Associates LLP (Firm).
The Delhi High Court in the case of JCB India Limited and Anr v The Competition Commission of India and Anr has held that the Competition Commission of India (CCI) cannot be allowed to proceed with an inquiry post-settlement of disputes through mediation by reopening issues that the parties have already agreed upon and resolved.
The Ministry of Finance has given effect to the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024 in order to simplify cross-border share swaps and provide for the issue or transfer of Indian company equity instruments in exchange for foreign company equity instruments.
It has been a pleasure having Sneha Sen as an intern at FoxMandal. Her commitment to gaining firsthand experience in drafting, legal research, and attending court proceedings has been outstanding. A heartfelt thanks to mentors like Rohan Raj and Indranil Munshi for guiding her through the nuances of legal practice.
The Supreme Court after recently reiterating that “Bail is the rule, Jail is an exception” has now highlighted the principle of “excessive bail is no bail”. The court was called upon to consider whether the petitioner is entitled to the relief of treating the personal bond and one set of sureties already furnished as holding good for the other remaining bail orders?
We are delighted to see Vidisa Singh immense growth during her internship with us at FoxMandal. Her dedication to studying complex case laws, assisting in drafting petitions, and attending court proceedings has truly been commendable.
The Calcutta High Court while hearing the case titled Visa International Ltd. Vs. Visa International Service Association & Anr. passed direction quashing impugned orders passed by contractual staff appointed as “Hearing Officer” by The Controller General of Patents, Designs and Trade Marks (CGPDTM).
The Supreme Court today in the suo motu case of R.J Kar Medical College And Hospital, Kolkata (SMW (Crl) No 2 of 2024) took note of “the lack of institutional safety for doctors”. The court’s intervention came due to “involvement of systemic issues for healthcare across the nation” and termed the lack of institutional safety norms at medical establishments against both violence and sexual violence against medical professionals as a matter of serious concern.
The Supreme Court while rejecting the submission of the assesses seeking prospective effect of the judgment passed in the case of Mineral Area Development Authority vs. M/S Steel Authority of India & Ors. clarified that its judgment upholding the power of states to tax mining lands and quarries shall be applied retrospectively.
The Ministry of Corporate Affairs (MCA) recently notified the Companies (Adjudication of Penalties) Amendment Rules, 2024 which mandates use of the Central Government’s e-adjudication platform for all adjudication of penalty proceedings.
In light of ongoing developments in Bangladesh we seek to assure our esteemed clients that the Dhaka Associate Office remains fully functional and we are committed towards providing all required assistance for smooth and unhindered operations.
A nine-judge Constitution Bench of the Supreme Court recently held that states have the power to levy tax on mines and minerals.
The Finance Minister while presenting the Budget for 2024-25 proposed the introduction of Variable Capital Companies (VCC) in India “for providing an efficient and flexible model for financing leasing of aircrafts and ships.
FoxMandal, one of India’s oldest full-service law firm, recently advised and assisted Merusri Developers in respect of its real estate development project for a land parcel admeasuring 16,187.4 square meters (approx.) in Bychapura locality near Kempegowda International Airport situated at Devanahalli taluka in the state of Karnataka.
Digital media YourStory listed 5 films in which Bollywood insulted people with disabilities ( https://lnkd.in/gtmdTfND ) . Now the Supreme Court, in a recent judgment in the case of Nipun Malhotra v. Sony Pictures Films India Private Limited & Ors, 2024 INSC 465, has provided a framework for portrayal of persons with disabilities in visual media. The court underlined the need for such portrayal aligning with the anti-discrimination and dignity affirming objectives of the Constitution of India as well as the Rights of Persons with Disabilities Act 2016 (RPwD Act).
The Delhi High Court recently issued a direction to The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) to conduct proper stakeholder consultation and put in place a proper mechanism including issuing guidelines for regulating the conduct of Patent Agents and Trademark Agents.
Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These introduce reforms such as Zero FIR, online complaint registration, measures to prevent evidence tampering, and a comprehensive terrorism definition.
The Indian automobile sector is becoming increasingly quality-conscious and for the past several years, the growth curve of India’s automobile sector has been on the rise. The total number of automobiles produced in India during the fiscal year 2023 was approximately 25.93 million units (Source: Statista), an increase over the previous year.
