M&A AND PE IMPACT DUE TO THE CHANGES TO INDIA’S COMPETITION LAW REGIME
The Competition (Amendment) Act, 2023 (the “2023 Amendment”) was introduced on April 11, 2023, to amend the Competition Act, 2002 (the “Act”) and, inter alia, establish a new threshold for assessing transactions, known as the Deal Value Threshold (the “DV Threshold”). On September 10, 2024 (the “Effective Date”), India’s Ministry of Corporate Affairs (the “MCA”) …
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REVIVING ENTERPRISES – OBJECTIVE OF RESTRUCTURING LAW M/S. PRO KNITS v/s THE BOARD OF DIRECTORS OF CANARA BANK & ORS. [SPECIAL LEAVE PETITION (C) NO. 7898 OF 2024)]
Supreme Court In a recent Judicial pronouncement the Supreme Court came up with the decision supporting the implementation of an existing framework for early detection of financial stress of enterprises,
nota bene Update
A. Introduction On 3rd October 2024, the Hon’ble Supreme Court in Civil Appeal No. 2948 of 2023, in the case of Safari Retreats Pvt. Ltd.,
Navigating Legal Waters: Rights and Remedies for Indian Ports and Terminals
On February 23, 2024, the Orissa High Court allowed the arrest of a vessel, M.V. Debi (IMO 9616735, “Vessel”) in an admiralty suit[1] filed by Paradip International Cargo Terminal Pvt. Ltd.
Bridging the Gap: Expanding Social Security for Gig Workers in India
Social security serves as a crucial safeguard for individuals, ensuring access to healthcare and income security,
MALICIOUS PROSECUTION: BALANCING JUSTICE AND ABUSE OF PROCESS OF LAW AN INDIAN PERSPECTIVE
INTRODUCTION 1. The principle of malicious prosecution serves as a crucial safeguard against the misuse of legal procedures.
Section 168A of CSGT Act, 2017 – INVOKABLE OR NOT?
A large number of Show Cause Notices (SCN) have been issued under Section 73 of the Central/State Goods And Services Tax Act, 2017 (“CGST”/”SGST”) for the Financial Year 2017-18 in the month of September 2023.
Concurrent Tax Investigations: A Legal Analysis of Parallel Proceedings in the GST Framework
India has adopted the dual GST model because of its unique federal nature. Under this model, tax is levied concurrently by the Centre as well as the States on a common base, i.e. supply of goods or services, or both.
Summons to an Accused in a Criminal Case not to be Issued in a Mechanical Manner
Obtaining a final decision for a monetary claim can be an exhausting and long drawn-out process in an Indian court.
CROSS-BORDER SHARE SWAPS MADE EASIER THROUGH AMENDMENTS TO INDIA’S FOREIGN EXCHANGE REGULATIONS
The Indian government has recently notified the Foreign Exchange Management (Non-Debt Instruments) (Fourth Amendment) Rules, 2024 (the “Amendment Rules”) to amend the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (the “NDI Rules”). This update delves into some important changes on share swaps and clarifications introduced by the Amendment Rules. Key changes (i) Equity swaps by …