RERA CAN ENTERTAIN COMPLAINTS FILED BY HOME BUYERS AGAINST BANKS
INDIALAW LLP
by admin-new
2y ago
The Apex Court of the country reiterated in Union Bank of India vs Rajasthan Real Estate Regulatory Authority & Ors.1 that in case of conflict between the Real Estate (Regulation and Development) Act (“RERA Act”) and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI”), the former will prevail. The […] The post RERA CAN ENTERTAIN COMPLAINTS FILED BY HOME BUYERS AGAINST BANKS appeared first on IndiaLaw LLP Blog ..read more
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Letter of Intent not a binding contract unless such an intention is evident from its terms
INDIALAW LLP
by admin-new
2y ago
The Supreme Court in South Eastern Coalfields Ltd & Others vs. M/s S Kumar’s Associations AKM (JV)[1] ruled that a Letter of Intent (“LoI”) is not a binding contract unless such an intention is evident from its terms. The Supreme Court observed, “The judicial views before us leave little doubt over the proposition that an […] The post Letter of Intent not a binding contract unless such an intention is evident from its terms appeared first on IndiaLaw LLP Blog ..read more
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CHEERS INDIAN MSME FOR INTELLECTUAL PROPERTY (‘IP’)
INDIALAW LLP
by admin-new
3y ago
On 26th April of every year is celebrated as World Intellectual Property Day.  This year World Intellectual Property Organisation (‘WIPO’) which is the inter-governmental agency administrating the Intellectual Property for the whole world, situated in Geneva highlighted that how helps MSME grow and thrive with the theme “IP & MSME – TAKING YOUR IDEAS TO […] The post CHEERS INDIAN MSME FOR INTELLECTUAL PROPERTY (‘IP’) appeared first on IndiaLaw LLP Blog ..read more
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IP WAIVER FOR COVID-19 VACCINES, TRIPS AND ITS IMPLICATIONS
INDIALAW LLP
by admin-new
3y ago
Points and objectives of this blogs and article. 1. Letter to WTO by India and South Africa in October 2020 to propose certain IP and TRIPS Waiver for COVID-19 related drugs and        products. 2. More than 100 countries, mostly developing countries have signed on, in support of waiver. A few developed countries  […] The post IP WAIVER FOR COVID-19 VACCINES, TRIPS AND ITS IMPLICATIONS appeared first on IndiaLaw LLP Blog ..read more
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Indian parties can choose a foreign seat of arbitration
INDIALAW LLP
by admin-new
3y ago
The Supreme Court in PASL Wind Solutions Private Limited vs. GE Power Conversion India Private Limited[1] has ruled that two companies incorporated in India can choose a forum for arbitration outside India. It also ruled that an award made at such a forum outside India, to which the Convention on the Recognition and Enforcement of […] The post Indian parties can choose a foreign seat of arbitration appeared first on IndiaLaw LLP Blog ..read more
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Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act
INDIALAW LLP
by admin-new
3y ago
The Supreme Court in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr.[1] has ruled that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section 18 of the Limitation Act 1963 (“Limitation Act”). Section 18 of the Limitation Act says that where, before the expiration […] The post Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act appeared first on IndiaLaw LLP Blog ..read more
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NCLT has limited jurisdiction, cannot substitute any commercial term of resolution plan approved by Committee of Creditors
INDIALAW LLP
by admin-new
3y ago
The Supreme Court in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors.[1] has issued a significant judgment on the powers and jurisdiction of the National Company Law Tribunal (NCLT) when dealing with the resolution plan approved by the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code (“I&B […] The post NCLT has limited jurisdiction, cannot substitute any commercial term of resolution plan approved by Committee of Creditors appeared first on IndiaLaw LLP Blog ..read more
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Section 14 of Limitation Act applies to application under Section 7 of I&B Code
INDIALAW LLP
by admin-new
3y ago
The Supreme Court in Seth Nath Singh & Anr vs. Baidyabati Sheoraphuli Co-operative Bank Ltd & Anr[1] has ruled that an applicant under Section 7 of the Insolvency and Bankruptcy Code (“I&B Code”) can claim benefit of Section 14 of the Limitation Act, 1963 (“Limitation Act”), in respect of proceedings under the Securitization and Reconstruction […] The post Section 14 of Limitation Act applies to application under Section 7 of I&B Code appeared first on IndiaLaw LLP Blog ..read more
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Shiju P. Veetil, Senior Partner, IndiaLaw LLP quoted on The Hindu Business Line Today
INDIALAW LLP
by admin-new
3y ago
The post Shiju P. Veetil, Senior Partner, IndiaLaw LLP quoted on The Hindu Business Line Today appeared first on IndiaLaw LLP Blog ..read more
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Limitation period for filing application under Section 11 of Arbitration Act governed by Article 137 of Limitation Act
INDIALAW LLP
by admin-new
3y ago
The Supreme Court in Bharat Sanchar Nigam Ltd. & another vs. M/s Nortel Networks Pvt. Ltd.[1] has held that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) would be governed by Article 137 of the first schedule of the Limitation Act, 1963 (“Limitation […] The post Limitation period for filing application under Section 11 of Arbitration Act governed by Article 137 of Limitation Act appeared first on IndiaLaw LLP Blog ..read more
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