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 ...
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 ...
The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt ...
The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt ...
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 ...
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 ...
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 Ministry of Home Affairs (“MHA”) issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19 (“Revised Guidelines”). The order/ Revised Guidelines specify the economic activities which will be permitted after April 20, 2020 (except in containment zones) ...
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 ...
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’ ...
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 ...
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 ...
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 ...
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 ...
Litigation and Dispute Resolution Group, Kochhar & Co. Delhi Health and safety are everyone’s priority today as COVID-19’s unprecedented impact continues to grow each day. Needless to say, the outbreak of Covid-19 has left its impact on litigation and arbitration in various ways, ranging from an increased use of remote hearings to general court closures, depending on the countries and institutions concerned ...
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 ...
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 ...
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 ...
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 ...
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 ...
Brief guide to the law against sexual harassment at workplace, clarifying some misconceptions The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH”) was enacted in 2013. Seven years since then, fears of misuse are rife. Are the fears legitimate? It is perceived that women are dangerously armed with a one-sided law. Men feel oppressed as there is no specific forum for redressal of their grievances ...
The Ministry of Corporate Affairs (“MCA”) has issued an advisory that is applicable to all Indian companies and limited liability partnerships (LLPs) registered with the MCA. As per the said advisory, all companies and LLPs are required to take the following immediate steps in order to aid social distancing for reducing transmission of COVID-19: To follow “Work from Home” as a temporary measure until March 31st 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 ...
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 ...
This is an update with respect to notifying the proforma of applications and End Use Certificate for implementation of ‘Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET items / software/ technology’ w.e.f. 17 March 2020 vide Public Notice No.65/2015-20 dated 17 March 2020 issued by DGFT. The proforma and their applicability to seek export authorisation has been notified as tabulated below....... S ...
