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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Corporate Advisory

Squeeze out clause – A perspective

24 June 2013

‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.  

Goods and Services Tax

Refund of Cenvat credit on services under reverse charge mechanism

14 June 2013

It is been almost a year since the negative list of services based regime for levy of Service Tax under the Finance Act, 1994 (in short ‘the Act’) was introduced.

International Trade & WTO

Export promotion programmes and SCM Agreement – Has the countdown begun?

21 May 2013

Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution.

Intellectual Property Rights

Patent of addition

21 May 2013

After arriving at an invention, it is often the case that there is an improvement or modification of the invention.

Regulatory Laws

RBI revises banking license guidelines

21 May 2013

The banking system in India has been constantly evolving with the government and the Reserve Bank of India (the RBI) making changes in the banking policies, as and when required. The RBI grants licenses to entities proposing to establish new banks and enter the industry, and also governs terms of the same.

Goods and Services Tax

Export of services under the new regime of Service Tax

14 May 2013

As we approach the second year in the negative list based regime in service tax, there are many issues which have not been comprehended yet.

Intellectual Property Rights

Post-dating of patent applications and its implications

14 May 2013

Post-dating means to change the priority date of a patent application to a later date.

Service PEs – Employing the right structure

01 January 0001

The more you explain, the less clear things appear to be. This statement could apply to a host of things including service PEs.

International Trade & WTO

Investor and (host) state protection - India proposes a new model for BIT

01 January 0001

Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded , use of multiple forums and almost endless litigation in enforcement of award to genuineness of claims and against regulatory laws .

Test

01 January 0001

<strong>By Subhashree<br /> <br /> Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded<sup><sup>[1]</sup></s

Regulatory Laws

Agreement in Restraint of Legal Proceedings – Is your Bank Guarantee valid?

01 January 0001

The original text of Section 28 of the Indian Contract Act, 1872, which voids agreements made (or containing clauses) in restraint of legal proceedings, has been subject to many amendments over the years. In fact, in 1997, the original Section 28 was replaced with a new one,

Securities Laws

Acceptance of Kotak Committee recommendations by SEBI: Additional “To Do” for listed entities

01 January 0001

On June 02, 2017 Securities and Exchange Board of India (“SEBI”) constituted a committee (“Committee”) under the chairmanship of Shri Uday Kotak, with the aim of improving standards of corporate governance of listed companies in India.

International Trade & WTO

Tariff Rate Quotas: A Balanced Safeguard

01 January 0001

Free trade across the globe is the spine of a mutually benefiting world. Users of several goods rely on imports, when they are not readily available in India due to short supply. However, the influx of imports from various countries is injurious to the growth and sustenance of domestic producers. Reliance on imports without any domestic progress also hinders the economic growth and development of the country.

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