AQUILAW

A. Introduction  The landmark decision of the Hon’ble Supreme Court in Mineral Area Development Authority & Anr. versus M/S Steel Authority of India & Anr.

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.,

A.            Introduction The Insolvency and Bankruptcy Code 2016  (“Code”) is one of the most important and significant reform which has reshaped corporate India in the last decade.

Tidings Media & Communications Private Limited acquired the leading Bengali newspaper ‘Ei Samay’ from the Times of India Group.

The 53rd GST Council (GSTC) meeting was held in New Delhi on 22nd June 2024.

A.            Introduction An interim injunction or relief is often referred to as the “strong arm of the courts of equity” as its origin can be traced to the equity Jurisprudence of England from which we have inherited the present system for the administration of law.

The 51st meeting of the Goods and Services Tax (GST) Council was conducted on 2nd August 2023. The key highlights are as under:

The Union Budget 2023-2024 comes when global uncertainties are rife. Barely had the pandemic receded, the war in Ukraine broke out in February 2022. Prices of food, fuel and fertiliser rose sharply. As inflation rates accelerated, central banks of advanced countries scrambled to respond with monetary policy tightening.

“The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation.” - Justice Sharon L. Kennedy (Chief Justice of the Hon’ble Supreme Court of Ohio)

The amount they can charge is capped in many cities; you can go legal to avoid payment or even recover your money paid under pressure.

A Share Purchase agreement is an agreement entered into between parties for sale of shares of a company. The same contains clauses governing the purchase and sale of shares by the purchaser from the seller. The same contains several conditions precedents, i.e. pre-requisites which have to be fulfilled before the shares are transferred. Accordingly, it contains clauses which allows parties to terminate the same either at the happening of a certain event (breach of the contract by either of the two parties, non-fulfillment of a condition precedent etc.) or without any breach of the contract.

A. Setting the context The preamble of the Insolvency and Bankruptcy Code, 2016 (the “Code”) makes the objective of the Code clear and unambiguous, by seeking to achieve reorganisation and insolvency resolution of corporate persons, partnership firms and individuals for, maximization of value of assets, promoting entrepreneurship; greater availability of credit and; balancing the interests of all the stakeholders, albeit in a time bound manner. Each provision of the Code was drafted keeping these principles in mind, and the introduction of this legislation was done with the aim of replacing the existing framework for insolvency which was visibly inadequate, ineffective and wrought with delays.

A. Background In making sustainable investment decisions, a rational imperative is to comprehend the integration of environmental, social, and governance (ESG) factors into investment mechanisms and decision-making. The elements of ESG, which include, inter alia, the response of corporations to factors like climate change, corporate social responsibility initiatives, employee rights (including LGBTQIA+ rights), health and safety protocols, and fostering a corporate culture for building trust and innovation, encompass a plethora of issues which, though not forming part of traditional financial analyses, still hold economic relevance. ESG, with its quantifiable metrics, is an impact driven process aiding investors in taking informed decisions, cognizant of the impact their investments have in the larger environmental and socio-cultural context.

Raveesha Gupta, Senior Associate, AQUILAW Ronodeep Dutta, Lead Consultant, AQUILAW 

Swarajit Dey, Principal Associate, AQUILAW Ronodeep Dutta, Lead Consultant, Indirect Tax, AQUILAW Deeksha Agrawal, Associate, AQUILAW

The locus No one sums it up better than Prof. William W. Park in his well-known treatise, Non-Signatories and International Contracts: An Arbitrator's Dilemma1 , “the term ‘non-signatory’ remains useful for what might be called ‘less-than-obvious’ parties to an arbitration clause: individuals and entities that never put pen to paper, but still should be part of the arbitration under the circumstances of the relevant business relationship…the expression remains potentially misleading, suggesting that a lack of signature in itself reduces the validity of an arbitration agreement. Most significantly, the fact that a ‘non-signatory’ might be bound to arbitrate does not dispense with the need for an arbitration agreement. Rather, it means only that the agreement takes its binding force through some circumstance other than the formality of signature”.

Rajarshi Dasgupta, Head of Indirect Taxes, AQUILAW Vedika Agarwal, Consultant Indirect Tax, AQUILAW

Ronodeep Dutta, Lead Consultant, Indirect Tax, AQUILAW Fatima Anwar, Associate, AQUILAW

Vikas Mehta, Partner, AQUILAW Kritika Sethi, Senior Associate, AQUILAW

 Sucharita Basu, Partner, AQUILAW Ankit Chhaparia, Associate, AQUILAW   Data protection and privacy issues have a major impact on all business and industry sectors, across the globe. Privacy laws are continuously evolving, vary by jurisdiction, and are interpreted unpredictably. Even a well-meaning company can make a false step as it captures, accesses, uses, transfers, and/or discloses personal information. In a follow-up to the General Data Protection Regulation, 2018 (“GDPR”), which was made effective on 25 May 2018, the national Data Protection Authorities (“DPAs”) in the European Union, have levied significant fines inter alia on body corporates for breach of their obligations under the GDPR. Few illustrations of the fine(s) levied by the DPAs in the month of October are provided herein below:

Rajarshi Dasgupta, Executive Director & Head of Taxes, AQUILAW Swarnali Chanda, Senior Associate, AQUILAW

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An analysis of Rule 36(4) – ITC availment under the new mechanism

Schemes of Compromise, Arrangement and Amalgamation: Recent Updates

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