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Maintenance Charge Litigation After Possession: Legal Framework, Judicial Trends, and the Charge-Audit Mechanism
Introduction : The execution of conveyance deed by promoter and handing over of possession marks the real estate project’s transition from construction to operation and maintenance phase. However, for a considerable number of urban home buyers, getting possession is far from the end of troubles as they face prolonged litigation against real estate developers for disputes on post-possession maintenance charges. The home buyers’ association members identify the post-possession
2 days ago8 min read


Buyback Taxation After Budget 2026: What Promoters Need to Know
Introduction : One of the most common corporate structures for repatriating excess cash to shareholders and reallocating the company's capital structure is the share buyback. One of the common reasons for buybacks is to boost the earnings per share, optimize the capital structure, create shareholder value or to reduce promoter shares. In contrast to dividends, buybacks provide shareholders with greater flexibility in capital distribution, in that the buyback allows the shareh
4 days ago6 min read


Can a Project Be RERA-Registered and Still Face Consumer Claims? Mapping the Overlap Between Regulatory Compliance and Consumer Forum Jurisdiction
Introduction : The Real Estate (Regulation and Development), Act,2016 was formulated with the aim of bringing in transparency, accountability and timely completion of projects which has not been achieved over the years because of delays in possession, misuse of funds and standard contracts. Hence, upon reading the provisions of RERA, the first conclusion that arises in the mind is that, on proper registration of the project with the authority, the developer is shielded from a
4 days ago10 min read


Interim Relief Under Section 9(2) of the Arbitration and Conciliation Act, 1996 : Does Non-Commencement of Arbitration Within Ninety Days Automatically Vacate Interim Protection?
Introduction : Interim measures under Section-9 of the Arbitration and Conciliation Act, 19961 are significant in safeguarding the interests of the parties concerned during the pre-arbitration stage or during the arbitration proceedings. This is because the parties involved in a commercial dispute usually seek assistance from the court when they need urgent protection regarding their assets, for keeping the matters in status quo, or avoiding any irreparable damage till the da
Aug 810 min read


ISM 2.0 Is Live with ₹1.28 Lakh Crore: A Closer Look at Where the Investments Are Flowing
Introduction : India's semiconductor ambition has entered a new phase. With the Government of India approving India Semiconductor Mission (ISM) 2.0, backed by an overall outlay of approximately ₹1,27,500 crore (US$15.3 billion), the discussion has shifted from whether India can build a semiconductor manufacturing ecosystem to where the investments are actually flowing and which technology segments are expected to benefit the most. While much of the media attention continues t
Aug 76 min read


Why Termination Is Where Franchise Arbitration Gets Tested
Introduction : Most franchisors and franchisees never think about dispute resolution terms in their franchise contracts : as long as both sides are satisfied with the ongoing payments of royalties for the use of the franchisor’s trademark and observe all standards, renewals are signed, audits are made, and everything goes smoothly. Nevertheless, when the moment comes that one party wants to terminate the agreement as soon as possible while the other wants to prolong it as lon
Aug 610 min read


How Arbitration Has Come to Be the Favoured Business Remedy
Introduction : Global supply chains have become increasingly vulnerable to political upheavals, pandemics, maritime problems and natural disasters. For example, the COVID-19 pandemic showed the vulnerability of the linked system of production, but following the disruption of shipping in the Suez Canal by the ship ever given in 2021, the continuing disruption caused by the Russia-Ukraine war and attacks on commercial shipping in the Red Sea since late 2023 have proved that a d
Aug 49 min read


Invoices over Interface: The Hon’ble Delhi High Court Reaffirms the “Targeting” Requirement for Trademark Suits
Introduction : The digital revolution has fundamentally changed the geography of commerce, and by extension, the geography of litigation. In an era where a small enterprise in Coimbatore can list products on a global marketplace accessible to a consumer in Delhi, the question of “where” a trademark is infringed has become a complex jurisdictional puzzle. For many years, plaintiffs have attempted to assert the jurisdiction of the Hon’ble Delhi High Court, widely regarded as a
Jul 248 min read


RERA and Project Restructuring: What Happens When Developers Change the Plan Midway?
Introduction : Indian Real Estate emerging as a key pillar to the economy of the nation has been resistant to the prevailing economic uncertainty. This is because of the intangibility, wealth creation, lower fluctuations, future stability, leverage opportunities, portfolio diversification and other features that are attached to it. According to people there is an inherent aspect of stability and protection that comes in combo with such investments. But this stability is not i
Jul 229 min read


A Study of Blockchain-Powered Smart Contracts and Their Impact on Arbitration
Introduction : In recent years, the crossway of blockchain technology and arbitration has gathered much attention in the legal and technological world. Blockchain, a decentralised and rigid ledger system, sanctioned transparent and secure transactions without any need for middle men. Smart contracts, which work on the major blockchain platforms, are automated contracts with terms directly written into the code, enabling automatic execution once pre-defined conditions are full
Jul 208 min read


Reconsidering the ‘Industry’ Doctrine: The Supreme Court’s Nine-Judge Review of Bangalore Water Supply v. A. Rajappa
Introduction Few judgments in the field of Indian labour laws have been as controversial as the judgment which was given in Bangalore Water Supply & Sewerage Board vs. A Rajappa (1978). In a judgment by a seven-judge bench, the Supreme Court had interpreted the term “industry” in Section 2(j) of the Industrial Disputes Act, (IDA) 1947 in such a way that it included within its ambit not just commercial enterprises and factories but also hospitals, charitable institutions, scho
Jul 138 min read


Appointment and Qualification of Directors
Introduction The Companies (Appointment and Qualification of Directors) Rules, 2014 supplement the Companies Act of 2013 and also prescribe the procedures, Qualifications, disclosures, and compliance requirements relating to Directors. General Definition: A director is an individual who is appointed to the Board of Directors of a company and is responsible for managing, supervising, and directing the affairs of the company. He acts as the brain and guiding force of the compan
Jun 185 min read


The Shift to Mandatory ESG Reporting in Southeast Asia: Singapore, Malaysia, and Thailand
Introduction Environmental, Social, and Governance (ESG) has become a critical concept in contemporary corporate governance and financial regulation. The ESG compliance in Southeast Asia region is now no longer limited to voluntary corporate social responsibility, throughout the region the regulators are now moving towards for adopting the more strict and mandatory disclosure framework. Gradually, the market regulators began to recognise the importance of ESG regulations that
Jun 185 min read


Fund Raising in Unlisted Companies: Why CCPS, CCDs and Convertible Notes Have Become the Preferred Investment Instruments
Introduction Capital is the basic need of business expansion or business growth. Fund raising is a complicated exercise in unlisted companies . Balance of equity and debt is always the first priority of investors. CCPS, CCDs and CNS is the main source of financing in start up and many other countries. The rise of venture capital, private equity, angel investment and strategic funding has fundamentally transformed the way capital is infused into companies. These investors are
Jun 106 min read


FLA Return under FEMA: Complete Guide for Startups, Companies, and Foreign Investors
Due to expansion of business, now the FDI and ODI is part of our business and it creates opportunities and smooth the business operation but foreign transaction also come with certain obligation of compliance. However, it is not restrictions. With the active compliance management Entities may create goodwill and trust among the investors. FDI or ODI is a very common in case of cross border merger, Startups, and newly incorporated company. FLA (Foreign Liabilities and Assets)
Jun 36 min read


Cambodia’s Koh Kong Mud Crab GI Push: Terroir Protection and Economic Transformation
Cambodia accelerates its push to grant geographical indication status to Koh Kong mud crab, leveraging collective governance and international expertise to transform a local delicacy into a globally protected brand. This initiative builds on the kingdom’s successful GI portfolio, targeting economic upliftment through authenticity safeguards in competitive aquaculture markets. Initiative Foundations The Ministry of Commerce, through its Department of Intellectual Property, co
May 224 min read


Piercing of the Corporate Veil in India: When the Corporate Mask Slips
Introduction One of the most basic tenets of corporate law is the doctrine of separate legal personality. It acknowledges that a company is a legal person that is separate and independent of shareholders and directors. Although this principle promotes investment and prevents excessive liability, it may be also abused to avoid personal responsibility. In response to this abuse, the courts came up with the concept of piercing the corporate veil, which permits the court to lift
May 219 min read


Fast Track Merger under the Companies Act, 2013 – Detailed Procedure, Legal Framework and Practical Understanding
Restructuring of business is an important part for business. For expansion of business Fast Track Merger without the intervention of the National Company Law Tribunal (NCLT), can be possible under the section 233 of the Companies Act,2013 and rules made thereunder. The benefit of fast-track merger is operational efficiency, reduction of costs, consolidation of resources, elimination of duplicate structures and enhancement of business value. Mergers without the following fast
May 195 min read


Recent Relaxations in FDI Policy for E-commerce in India (2024–25)
Introduction: E-Commerce and FDI in India Foreign Direct Investment (FDI) in its legal context as referred to in the Indian context is a capital contribution by a foreign person, in an unlisted Indian company or through the acquisition of at least 10 % of the equity shares of a listed company.[1] In India, the nodal agency in terms of formulation and administration of the FDI policy, along with the sectoral caps, entry routes, and conditions under which FDI may be accepted is
May 1411 min read


Best Efforts’ Vs. ‘Reasonable Efforts’: Why One Word Can Shift Millions in Liability
Introduction Parties entering into contracts in any scenario have the aim of achieving the final result to its finest form, and to accomplish the required task, the contract imposes obligations on the parties to perform and deliver it in a certain way, as per their ability. So where precision matters, a single word in such a commercial contract can represent the nature and level of the obligation and set a standard for the parties, which can lead to consequences, whether it b
May 127 min read
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