This labour & employment law newsletter provides a brief summary of the developments and updates in the month of August, 2023 through judgments, notifications, circulars, and other updates in the labour & employment sector in India. Principal Employer is not liable for interest/penalty on delayed compensation for accident or death of Contractor’s employee The Bombay High Court held that on failure to comply with the statutory obligation on the part of the employer, he can be

This labour & employment law newsletter provides a brief summary of the developments and updates in the month of July, 2023 through judgments, notifications, circulars, and other updates in the labour & employment sector in India. A settlement between Employer and Employee Union would not override Model Standing Orders unless it is more beneficial to employees The Supreme Court of India held that no contract/settlement between the employer and the employee union which abridge

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of July 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Supreme Court upheld the view taken by NCLAT that it can recall the judgment but can’t review it The Supreme Court of India refused to interfere in the judgment of the 5-judges bench of NCLAT which h

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of June 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2015 (“Code”) for implementation of an arbitral award is not maintainable The National Company Law Appellate Tribunal, Chennai (“NC

This commercial law newsletter provides a brief summary of the latest developments and updates in the months of April & May 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Operational Debt must be crystallized, undisputed and not something which requires adjudication by a competent authority NCLAT Mumbai held that the claim for compensation does not become an O

Position as on: 19th May, 2021 The Supreme Court of India passed an important judgement on 4th March, 2020, in the matter of “Internet and Mobile Association of India v. Reserve Bank of India.” It set aside the Reserve Bank of India (“RBI”) circular “Statement on Developmental and Regulatory Policies” dated April 6, 2018 which prohibited its regulated entities from facilitating transactions relating to Virtual Currencies (“VCs”). 1. Background The rise of VC trading in India

The criminal law of our country has become rather static and this is attributable to the neglect of the Supreme Court of India in considering the jurisprudential questions which relate to crime and punishment. The Court is content in using its discretion by interpreting the law as it is, and does not want to disturb the status quo. As a result, the very essence of the Code of Criminal Procedure, 1973 (‘the Code’) appears to have been lost and the objective of providing a fair

This post focuses on transfer petitions under sections 24 and 25 of the Code of Civil Procedure, 1908 (‘CPC’) which essentially help the litigants to have a better and fair access to justice. These are often applied for in matrimonial matters. Breaking down the provisions Section 24 of the CPC vests the general power of transfer and withdrawal with the District Court as well as the High Court. Interestingly, the stage (whether it is a pending suit or an appeal) at which an ap