Updates

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Supreme Court Upholds Precedence of Arbiration Act Over Public Premises Act in Contractual Disputes

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.

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Municipal Building Tribunal to be Immediately Constituted - Supreme Court

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. 

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FVCI Regulations Amended – To come into effect from January, 2025

Capital markets regulator SEBI has recently notified the SEBI (Foreign Venture Capital Investors) (Amendment) Regulations, 2024 which will be effective from January 1, 2025. FVCIs investing in India will now be required to first obtain a certificate issued by a SEBI authorized Designated Depository Participant (DDP) to start conducting business.

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FoxMandal Real Estate Team Assists North Bengaluru Project Developer

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. 

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Supreme court - IBC Provisions Will Override SEZ ACT

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”). 

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CCI’s Inquiry After Settlement of Disputes Through Mediation Impermissible

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.

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CCI’s Inquiry After Settlement of Disputes Through Mediation Impermissible

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.

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Govt. amends Foreign Exchange Management (Non-debt Instruments) Rules, 2019

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.

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Celebrating Sneha Sen’s Stellar Internship Journey at FoxMandal

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. 

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To Impose Excessive and Onerous Conditions of Bail is No Bail

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?

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Contractual Staff cannot pass Quasi judicial orders under TM Act – Calcutta High Court

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).

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NTF to look into Workplace Safety of Medical Professionals - Supreme Court

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.

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Tax Dues on Mines & Minerals To Apply Retrospectively – Supreme Court

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. 

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wishes everyone a Happy Independence Day!

wishes everyone a Happy Independence Day!  #proudindian #indian #freedom #independenceday #india

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MCA brings in e-mode for adjudication of penalties

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. 

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Important Notice For Our Clients

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.

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India’s Push for Flexible Fund Management: Introduction of Variable Capital Companies (VCCs)

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, and pooled funds of #privateequity“. 

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FoxMandal Real Estate Team Assists North Bengaluru Project Developer

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.

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SC lays down framework for portrayal of persons with disabilities in visual media

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).  

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India's New Criminal Laws: Modern Reforms Replace Colonial Legislation Effective July 1, India has replaced colonial-era laws with three new legislations:

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. 

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Delhi High Court Directs CGPDTM to Establish Code of Conduct and Guidelines for Patent and Trademark Agents

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.

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SEBI Introduces Regulations to Curb Misinformation by Financial Influencers

The Securities and Exchange Board of India (SEBI) has approved regulations to curb misinformation spread by financial influencers, or financial influencers.

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Central Board of Indirect Taxes and Custom(CBIC) unveils draft Bill

Central Board of Indirect Taxes and Custom(CBIC) unveils draft Bill to modernize Central Excise Act, replacing an 8-decade-old legislation. Aimed at promoting ease of business the draft Bill, features 12 chapters and 114 sections, seeking to align with contemporary business practices. Stakeholders are required to comment by June 26.  

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National Just Board vs Ambica Jute Mills limited & Anr.

The Calcutta High Court has in a recent matter held that “pending investigations against sister concerns or group companies cannot be the ground for withholding release of incentives to the respondent company which is a separate juristic entity”.

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World Environment Day

Celebrating World Environment Day through our resolve to minimize our carbon footprint and advocate for eco-conscious approaches across our endeavors.

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Delhi High Court HAs Issued Guidelines on Refurbished Hard Disk Drives

The Delhi High Court has set new guidelines for selling refurbished hard disk drives (HDDs) in India.

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"Invest & Dine Meet 2024: Empowering Young Entrepreneurs from Bengal to Shine"

# Make Bengal Relevant and # Resurrgent Bengal the two initiatives of Friends of Bengal Foundation took a big step to organise a Invest & Dine meet for young entrepreneurs from Bengal to showcase their projects on 17th May 2024 at De Sovarani Hotel in Salt lake which belongs to young lady Entrepreneur Kamalini Paul.

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We are happy to share glimpses of some of our engagements in the area of Sports Law practice.

We are happy to share glimpses of some of our engagements in the area of Sports Law practice. On the international front our lawyer Sanjeev Kumar has provided expert legal support as sole legal advisor to St. Kitts & Nevis Patriots, one of the participating teams in the Caribbean Premier League (CPL).

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Ministry of Corporate Affairs

The Ministry of Corporate Affairs (MCA) has issued a notice inviting comments from all stakeholders on the review of rules prescribed under the Insolvency and Bankruptcy Code, 2016. The MCA has now initiated a comprehensive review pertaining to the following rules:  

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SEBI Eases FPI Regulations and Enhances Transparency Measures for AMCs

Market regulator, Securities and Exchange Board of India (SEBI), has now allowed Foreign Portfolio Investors (FPIs) based out of International Financial Services Centres (IFSC),GIFT City, to accept 100 percent contribution from Non-Resident Indians, Persons of Indian Origin and Resident Indians.

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Celebrating the spark of innovation and creativity,

Celebrating the spark of innovation and creativity, On  World Intellectual Property Day .FM IP team headed by Dr.Keerti Gupta is committed to assist on all IP issues for a better common future through Sustainable Development. 

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PSBs Cannot Issue Look Circulars Rules Bombay High court

In a case titled Viraj Shah v. Union of India & Ors. the Bombay High Court has held that public sector banks (PSBs) are not empowered to issue Look Out Circulars (LOCs) against Indian citizens and foreigners under a office memoranda (OM) issued by the Central government.

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Happy Earth Day from FoxMandal

Happy Earth Day from FoxMandal. Today , let’s renew our commitment to environmental stewardship and legal advocacy for a sustainable future .Together we can protect our planet for generations to come. Let’s embrace sustainability in our everyday life.

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Government of India Amends FDI Policy in Space sector

The Ministry of Commerce & Industry, Government of India has reviewed the Foreign Direct Investment (FDI) Policy on Space Sector by bringing in amendments to the Consolidated FDI Policy Circular of 2020.

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Poila Baisakh

May the sweetness of sandesh and the warmth of the sun envelop your life with abundant joy, prosperity, and happiness on this auspicious occasion of Poila Baisakh. Foxmandal team wishing you all a prosperous New Year🙏

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Supreme Court of India judgment underscores need to fight climate change

The Supreme Court in a recent case highlighted the need to articulate the right available against the adverse effects of climate change. Terming it as a distinct right which is recognized by Articles 14 and 21 of the Constitution the court noted that right against the adverse effects of climate change and the right to a clean environment are two sides of the same coin.

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Delhi High Court Upholds Anti-Profiteering Provisions

The Delhi High Court recently determined the issues of constitutional validity of Section 171 of the Central Good and Services Tax Act, 2017 as well as legality of the notices proposing imposition or orders imposing penalty issued by the National Anti-Profiteering Authority (‘NAA’) under Section 122 of the Act, 2017 read with the relevant rules.  

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Republic Day

Wishes everyone a very Happy Republic Day!

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A landmark case that we are proud to have been involved

We are honoured and privileged to have been part of the historic Ayodhya land title case and to have advised and assisted one of the parties before the Hon’ble Supreme Court of India culminating to the end of the seven decades old legal dispute.

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Supreme court decides on set-off claim under section 25 IBC

The Supreme Court has recently examined the right to claim set-off in the Corporate Insolvency Resolution Process (CIRP), when the Resolution Professional (RP) proceeds in terms of clause (a) to sub-section (2) of Section 25 of the Insolvency and Bankruptcy Code, 2016 to take custody and control of all the assets of the corporate debtor.

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Happy New Year

Wishing you a Happy New Year from all of us at FoxMandal!