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Kochhar & Co. Advocates & Legal Consultants  

Legal Services | India

www.kochhar.com
tel: +91 11 41 11 52 22 | fax: +91 11 40 56 38 13
11th Floor, Tower A, DLF Towers Jasola | New Delhi | India

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Rohit Kochhar

Rohit KochharChairman & Managing Partner

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Vijay Ravi

Vijay B RaviSenior Partner

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Tushar Chowdhary

Tushar ChowdharySenior Associate

  • Labour & Employment


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All india COVID-19 articles | All Articles by Kochhar & Co. Advocates & Legal Consultants

Enforcement of Foreign Awards
Kochhar & Co. Advocates & Legal Consultants, May 2020

HAS SUPREME COURT TAKEN A STEP BACK IN ITS RECENT JUDGMENT IN “NAFED VS. ALIMENTA S.A.”? The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A. entered into a contract dated January 12, 1980 (“first agreement”) for the supply of 5,000 metric tonnes of Indian HPS groundnut ("commodity")...

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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. Nirmala Sitharaman on May 14, 2020 under ‘Aatmanirbhar Bharat Abhiyaan’ to support Indian economy in fight against COVID-19 are as follows: Tax Deduction at Source (‘TDS’) and Tax Collection at Source (‘TCS’) rates reduced: TDS rates for non-salaried specified payments made to residents and rates of TCS for the specified receipts shall be reduced by 25% of the existing rates; Payment for contract, professional fees, interest, rent, dividend, commission, brokerage, etc...

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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. The decision is perhaps the first order of its kind in India wherein grant ofinjunction against invocation and encashment of bank guarantee and performance of contract have been evaluated by the court keeping in mind the Covid-19 pandemic...

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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. The decision is perhaps the first order of its kind in India wherein grant ofinjunction against invocation and encashment of bank guarantee and performance of contract have been evaluated by the court keeping in mind the Covid-19 pandemic...

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Recommendation of Modified Practices to PCT Offices by International Bureau in Light of the COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. PCT Rule 82quater.1 (Excuse of Delay in Meeting Time Limits) applies in the current circumstance of global COVID-19 pandemic, and the International Bureau of WIPO has urged all PCT Offices and Authorities to likewise adopt this interpretation. The said Rule provides for excuse of delay in meeting PCT time limits (which may relate to the submission of documents and/or the payment of fees), due to reasons offorce majeurebe it “war, revolution, civil disorder, strike, natural calamity… or other like reason”). The position of the International Bureau of WIPO is that the current global pandemic should be considered to be a “natural calamity …...

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All india COVID-19 articles | All Articles by Kochhar & Co. Advocates & Legal Consultants

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