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This article examines the ongoing legal debate regarding the courts’ power to modify arbitral awards under the Arbitration and Conciliation Act, 1996, contrasting it with the established practice of setting aside awards, and analyzing the Supreme Court’s deliberations on this contentious issue. Read Full Analysis
The Supreme Court of India has held that under the Prevention of Money Laundering Act (PMLA), a person need not be specifically named as an accused in the complaint for the retention of their seized property under Section 8(3). Read Full Analysis
The Supreme Court ruled that a financial settlement (One-Time Settlement) between a company and a bank does not erase serious criminal charges of fraud, forgery, and corruption. The Court emphasized that economic offences are social wrongs that harm the public exchequer, placing the need for criminal accountability above private compromise. Consequently, the proceedings involving the Prevention of Corruption Act were restored, ensuring the accused must face trial despite the repayment. Read Full Analysis
This article details how India’s Cyber Crime Coordination Centre gains power under the PMLA. The article delves into how this alliance strengthens the fight against cyber fraud by targeting illicit financial flows. Read Full Analysis
SC judgment empowers PMLA accused with right to all ED-collected info (relied/unrelied), especially for defense & bail (Sec 45(1)(ii)). Aims for fairer trials, but future courts face balancing info access vs. ongoing investigation prejudice. Read Full Analysis
Supreme Court to resolve conflict on Order XXI Rule 97 CPC: Can third parties invoke it to object to decree execution? The decision will clarify rights during property possession disputes. Read Full Analysis
The article will delve into India’s use of PMLA to regulate crypto, exploring its paradoxical non-recognition, recent enforcement actions, alignment with FATF guidelines, and the persistent challenge of decentralized platforms. It also highlights future implications and open questions. Read Full Analysis
As Environmental, Social, and Governance (ESG) concerns redefine corporate responsibility, arbitration is emerging as a pivotal forum for resolving related disputes in India. This article explores the unique challenges of ESG claims—from complex facts to multi-party interests—and assesses arbitration’s suitability, highlighting its potential for specialized expertise in this evolving landscape. Read Full Analysis
ED’s unprecedented non-opposition to restore Shakti Bhog assets marks a historic shift. Landmark judgments forced ED to pivot, prioritizing IBC-PMLA harmony and victim restoration. Is this the new norm in India’s financial crime fight? Read Full Analysis
SEBI’s new ESG Debt Framework, effective June 5, 2025, regulates social, sustainability, and sustainability-linked bonds in India. It aims to prevent misleading claims by mandating transparent disclosures and third-party verification, aligning India’s sustainable finance market with global standards. This move enhances credibility and investor confidence, channeling capital towards genuine environmental and social impact. Read Full Analysis
The DOJ’s new FCPA guidelines, effective June 9, 2025, prioritize U.S. interests, targeting major corruption, TCOs, and threats to national security. This sharpens enforcement against conduct harming American businesses. Indian companies must bolster compliance, anticipate increased scrutiny, and prepare for expedited reviews and potential reciprocal foreign actions. Read Full Analysis
The article delves into the evolution of document disclosure in Indian commercial disputes, contrasting the CPC’s liberal approach with the Commercial Courts Act’s stricter stance. It examines the judicial interpretation of “reasonable cause” for belated document production, highlighting the courts’ balancing act between timely disposal and substantive justice. Read Full Analysis
Unpacking Crocs v. Bata: Delhi High Court’s ruling on design and trade dress sparks debate. Does a product’s shape alone warrant perpetual IP protection? Explore the implications for innovation and competition. Read Full Analysis
The article delves into a legal case where a Resolution Professional’s set-off during a moratorium was challenged. It explains how the tribunal, citing the Supreme Court’s “transactional set-off” principle from Bharti Airtel, upheld the action as a valid administrative duty on pre-existing transactions. Read Full Analysis
The article delves into why civil suits against arbitral awards are legally barred in India. Analyzing a recent Delhi High Court ruling, it dissects how the Arbitration Act’s Sections 5 and 34, along with established judicial precedents, create a robust barrier against collateral attacks, upholding the sanctity and finality of arbitration. Read Full Analysis
India has made history by accepting its first smell trademark, a rose fragrance for tyres filed by Sumitomo Rubber Industries Ltd. This landmark decision validates non-traditional sensory branding and aligns the nation with international practices in protecting olfactory marks. It sets a crucial legal precedent, ushering in a new era of intellectual property protection defined by scientific representation. Read Full Analysis
NCLAT upholds EMD forfeiture in IBC liquidation, ruling a successful bidder’s payment obligation instantly resumes post-stay. Crucially, it affirms forfeiture is a statutory mandate under IBC regulations, making Section 74 of the Contract Act inapplicable. Read Full Analysis
The Delhi High Court confirmed an injunction protecting ITC’s well-known ‘GOLD FLAKE’ trademark, restraining the use of ‘GOLD FLAME’ for cigarettes. The court found the mark ‘GOLD FLAME’ deceptively similar, noting the minimal change from ‘K’ to ‘M’ was a dishonest attempt to infringe upon the century-old brand’s reputation. This judgment reinforces robust protection for well-known marks by preventing competitors from capitalizing on a brand’s goodwill through superficial variation. Read Full Analysis
The article delves into the Supreme Court’s referral of the Bharat Drilling judgment to a larger bench, challenging its use to dilute contractual prohibitory clauses. It analyzes how this ruling erroneously relied on interest law, threatening party autonomy, and examines the push to restore the binding power of excepted claims on Arbitral Tribunals. Read Full Analysis
This high-stakes trademark battle over Officer’s Choice and Original Choice challenges the fundamental limits of proprietary claims on common lexicon. The dispute centers on whether a court can find infringement based on a shared descriptive suffix (“Choice”) and speculative, judicially-invented abbreviations (“OC”).The upcoming Supreme Court decision will redefine the crucial balance between protecting brand distinctiveness and preventing the monopolisation of everyday words in Indian law. Read Full Analysis
SC upholds a 36% default interest rate in BPL v. Morgan Securities, ruling it’s not against public policy in commercial arbitration. Reinforces contractual autonomy and limits judicial review of arbitral awards. Read Full Analysis
The article delves into the Supreme Court’s ruling on non-signatories invoking arbitration, clarifying the limited role of the referral court. It examines the “veritable party” test, reaffirming that mere commercial connection is insufficient, protecting signatories from unwarranted arbitration. Read Full Analysis
The OSHWC Code 2020 consolidates 13 legacy labor laws into a singular, modern framework that universalizes safety standards across all sectors, including IT and services. By expanding the definition of “worker” and “establishment,” it extends statutory protections to a broader demographic while strictly prohibiting the outsourcing of a business’s core activities. This reform balances enhanced worker welfare and gender inclusivity with streamlined compliance, effectively bridging the gap between constitutional ideals and the realities of the modern workplace. Read Full Analysis
The article delves into the Wadhawan bail ruling, analyzing how the Court balances a 34,000 crore fraud case, per CBI data, against Article 21. It explores the ethos that bail is the rule and that the process must not become the punishment. Read Full Analysis
The Bombay High Court’s ruling that an IBC interim-moratorium halts SARFAESI sales if the sale certificate is pending, distinguishing the loss of redemption rights from the actual legal transfer of property ownership. Read Full Analysis
