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Article on India Employment Laws - Special Allowances Under the Employees Provident Fund (EPF) Act Need to be Special
Kochhar & Co. Advocates & Legal Consultants, March 2019

Special allowances under the EPF Act need to be special On February 28, 2019, the Supreme Court of India passed a landmark order on whether special allowances fall within the scope and meaning of “basic wages” under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the “EPF Act”)...

Article on Limitation - Impact of Supreme Court's Order of March 23, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

Impact of Supreme Court's order of March 23, 2020 A three-judge bench of the Hon’ble Supreme Court (“the Court”) in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020 titled as,In Re: Cognizance for Extension of Limitationinitiated suo - moto proceedings on 23.03...

Artificial Intelligence in the World of IP
Kochhar & Co. Advocates & Legal Consultants, February 2020

Artificial Intelligence (AI) in the world of Intellectual Property has raised some very interesting questions and debate. The patentability of AI related inventions, proprietary issues of inventorship and the lack of adequate regulations and standards have left some open-ended questions. AI related inventions generally use techniques like machine learning, deep learning and neural networks...

CCI Issues Guidelines on Competition Impact Assessment for Upcoming Legislations/ Bills
Kochhar & Co. Advocates & Legal Consultants, September 2015

Introduction The Competition Commission of India (‘CCI’), has recently issued the Competition Commission of India (Competition Assessment of Legislations and Bills) Guidelines, 2015 (‘Guidelines’)[1]. The Guidelines will come into effect on 1 January 2016. This article intends to provide a brief overview of the Guidelines, as proposed by the CCI...

Climate Proofing Infrastructure Projects: A Need for Planning and Policy
Kochhar & Co. Advocates & Legal Consultants, November 2009

CLIMATE PROOFING INFRASTRUCTURE PROJECTS A need for planning and policy   INTRODUCTION                                                                 &nb

Competition Commission of India conducts India’s first dawn raid
Kochhar & Co. Advocates & Legal Consultants, September 2014

The Competition Commission of India (CCI) has conducted India’s first dawn raid. The CCI raided offices of UK-based construction equipment maker JCB, earlier today, in connection with a case of abuse of a dominant position. The Indian Competition Act (Act) accords power to the Director General (DG) to conduct such raids after obtaining a warrant from the chief metropolitan magistrate...

Contracts and Force Majeure During a Pandemic (IBLJ)
Kochhar & Co. Advocates & Legal Consultants, June 2020

Contracts and force majeure during a pandemic was published recently in the Indian Business Law Journal authored by Chandrasekhar Tampi, senior partner and Ankur Khandelwal, partner, Kochhar & Co. Overview- The spread of COVID-19 has raised multiple questions with respect to performance of commercial contracts, across the globe. While some contracts have witnessed the erosion of their foundation, others have been rendered difficult, even possible, to be performed...

Corporate Law Update: New M&A Rules affect Minority Shareholders
Kochhar & Co. Advocates & Legal Consultants, February 2020

 The Ministry of Corporate affairs has recently notified Sections 230(11) and 230 (12) of the Companies Act, 2013 (“Companies Act”) and certain amendments to the Companies (Compromises, Arrangements and Amalgamation) Rules, 2020 (“M&A Rules”)[1] (together, the “Amendments”)...

COVID 19 – Company Law Update on the New Circular Issued by the MCA – April 8, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

Due to the current lockdown, companies were not able to hold shareholders meetings and pass resolutions on certain matters requiring urgent attention/approval of the shareholders.   With a view to facilitate such companies, the Ministry of Corporate Affairs (MCA) has issued a recent circular no. 14 of 2020on April 8, 2020 permittingcompanies to convenetheirExtraordinary General Meetings (EGM)s through video conferencing or other audio-visual means...

COVID 19 - Injunctive Relief Against Invocation of Bank Guarantee on The Basis of Special Equities under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law...

COVID 19 - Relaxation of Regulatory Compliances Under the Companies Act, 2013 Introduced by the Ministry of Corporate Affairs
Kochhar & Co. Advocates & Legal Consultants, March 2020

The much-awaited relaxation of regulatory compliances under the Companies Act, 2013 (hereinafter “the Act”) have been introduced by the Ministry of Corporate Affairs (hereinafter “the MCA”). Please see below the detailed analysis of relaxations introduced by the MCA on regulatory compliances applicable under the Act: (i) Directors need not plan their Board meetings in the coming quarter of this calendar year i.e. upto June 30, 2020...

COVID 19 Resource - Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

COVID 19: Impact of Force Majeure in Indian Commercial Contracts
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. Force Majeure - Meaning. The term ‘force majeure’ translates literally from French assuperior force. It is also generally defined in the Merriam Webster dictionary as ‘an event or effect that cannot be reasonably anticipated or controlled’...

COVID-19 - A Force Majeure Event or Simply a Pandemic?
Kochhar & Co. Advocates & Legal Consultants, April 2020

What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported. COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues...

COVID-19 - Indian IP Offices Functioning
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Indian Government has announced a full nationwide lockdown for three weeks (until April 14, 2020) in order to contain the spread of Covid-19. Accordingly, the Indian Trade Marks Registry, Patents and Design Office have been closed till April 15, 2020. Nevertheless, the online filing portal of Indian IP offices is operational. All deadlines falling till April 15, 2020 will become due on the day when the IP offices re-open...

COVID19 : India Update - Guidelines Issued by The Supreme Court of India for Court Functioning through Video Conferencing during COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Supreme Court while hearing Suo Motu Writ (Civil) No.5/2020 on 6thApril 2020 has, in exercise of the powers conferred by Article 142 of the Constitution, directed that: i...

COVID-19 and Real Estate: This Could be the Last Straw that Broke Camel’s Back
Kochhar & Co. Advocates & Legal Consultants, April 2020

Given below is the link to the article on the captionedsubject. The article discusses the impact of COVID-19 on the Real Estate sector as India’s largest employer and the recent measures announced by the Reserve Bank of India (RBI).The article authored by Divya Malcolm, partner, Kochhar & Co. Mumbai has been published online on Governance Now. Please click the link below to read… http://www.governancenow...

COVID-19 Counterfeit Products and Fake Goods - Indian Law Perspective
Kochhar & Co. Advocates & Legal Consultants, April 2020

As misinformation on COVID-19 continues to spread, there is another more serious threat being dispersed through back trade channels and that is of counterfeit goods either for sale at exorbitant prices or fake goods proclaiming to cure or treat the virus. In 2018, Forbes announced that counterfeiting was the largest criminal enterprise in the world[1] and the sales of counterfeit and pirated goods totals $1.7 trillion per year, which is more than drugs and human trafficking...

COVID-19 Pandemic - Injunctive Relief Against Invocation of Bank Guarantee on the Basis of Special Equities Under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Anothercomes asa welcome breather in an area otherwise seemingly parched for development of case law...

COVID-19 Realty Bites - After Drop in Sales, Will COVID-19 Lead to Eviction of Retailers from Malls?
Kochhar & Co. Advocates & Legal Consultants, March 2020

Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment...

COVID-19 Update for Entities with Manufacturing Facilities in the State of Karnataka, India
Kochhar & Co. Advocates & Legal Consultants, March 2020

As a precautionary measure to prevent the spread of COVID-19, the Government of Karnataka through Department of Factories, Boilers, Industrial Safety & Health has issued a circular dated March 14, 2020 (“Circular”) providing certain guidelines for factories / manufacturing entities situated within the State...

COVID-19: An Update for India (March 24, 2020)*
Kochhar & Co. Advocates & Legal Consultants, March 2020

In an attempt to ensure that the spread of COVID-19 is contained effectively, the Indian Government has mandated a complete nationwide lockdown for 21 days beginning from March 25, 2020, 00:00 hrs.   Mandatory Closure of Commercial Establishments All shops, commercial establishments, factories, workshops and offices, excluding establishments engaged in providing essential are required to be shut down...

Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

E-Courts: “ A Possible Solution for Pending Litigation Amid COVID-19? ”
Kochhar & Co. Advocates & Legal Consultants, April 2020

The pandemic of COVID-19 has severely affected functioning of various business activities across the globe and has posed a threat to legal services. The risks to legal services posed by the spread of COVID-19 were highlighted a few weeks back when international law firm Baker McKenzie closed its London office after a staff member was suspected to have been at risk of contracting the novel coronavirus...

Employment law update - Recent judgement of the Madras High Court - Woman Giving Birth After Twins Not Eligible For Maternity Benefits
Kochhar & Co. Advocates & Legal Consultants, March 2020

A recent judgment of the Madras High Court: Woman Giving Birth After Twins Not Eligible for Maternity BenefitsIn a recent judgment of theMadras High Court,a working woman who gave birth to a child in her second delivery after having twins in the first delivery has been held to not be entitled to maternity benefits, as the second delivery should be treated as the third child...

 

 

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