Corporate, Business & Commercial Law Judgments

Arbitration Judgments

Arbitration Law Judgments- Arbitration Act Judgments

Arbitration Agreement Judgments

[Question Of Legality, Validity & Enforceability Of Agreement]

· Indus Biotech Private Limited Vs Kotak India Venture (Offshore)- Supra-

· NN Global Mercantile Pvt. Ltd. Vs Indo Unique Flame Ltd.- Whether an arbitration agreement would be enforceable and acted upon, even if the Work Order dated 28.09.2015 is unstamped and un-enforceable under the Stamp Act? ii. Whether allegation of the fraudulent invocation of the bank guarantee is an arbitrable dispute? Iii. Whether a Writ Petition under Articles 226 and 227 of the Constitution would be maintainable to challenge an Order rejecting an application for reference to arbitration under Section 8 of the Arbitration Act?- Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement?- Matter Refered To Constitution Bench.

· Knowledge Podium Systems Pvt. Ltd. Vs S M Professional Services Pvt. Ltd- 25.01.2021- In case of doubt over existence of valid arbitration agreement, dispute must be sent to arbitration: Delhi High Court The Court said that the issue of the existence of arbitration agreement was best left to the arbitral tribunal.

Corporate, Business & Commercial Law Judgments

Arbitration & Concilliation Act, 1996

S-8-

Writ Petition under Articles 226 and 227 of the Constitution how far maintainable qua an Order rejecting an application for reference to arbitration under S-8 of the Arbitration Act.

· Aa

Corporate, Business & Commercial Law Judgments

Arbitration & Concilliation Act, 1996

S-9

· Bay Capital Advisors Pvt Ltd. Vs IL & FS Financial Services Ltd- NCLAT has no power to stay hands of High Court in hearing Section 9 petition or any other plea under Arbitration Act.

· New Morning Star Travels Vs Volkswagen Finance Private Limited- S-9 Application cannot be decided ex-parte-

· Bowlopedia Restaurants India Limited Vs Devyani International Limited- Calcutta High Court Judgment- 21.01.2021- Forum selection clause overrides seat of arbitration in domestic arbitration-

Corporate, Business & Commercial Law Judgments

Arbitration & Concilliation Act, 1996

S-11(6) Arbitration Judgments

· Oyo Hotels And Homes Pvt. Ltd. Vs Rajan Tiwari- Removal Of Arbitrator- If the appointment of an arbitrator is contrary to the terms of the arbitration agreement, the same cannot be considered as an appointment at all. Such appointment is non est for all intents and purposes- Observed, a Court has the power to set aside the appointment of an arbitrator, if the appointment is ex-facie contrary to the arbitration clause.

· Antrix Corp. Ltd. Vs Devas Multimedia P. Ltd.- Supreme Court of India Judgment- 10.05.2013.

· Pricol Limited Vs Johnson Controls Enterprise Ltd.- Supreme Court of India Judgment- 16.12.2014-

· Walter Bau Ag Vs Municipal Corporation Of Greater Mumbai- Supreme Court of India Judgment- 20.01.2015.

· TRF Ltd. Vs Energo Engineering Projects Ltd.- Supreme Court of India Judgment- 03.07.2017.

· Manish Chibber Vs Anil Sharma- Delhi High Court Judgment Dated- 07.08.2020-

· Naveen Kandhari Vs Jai Mahal Hotels Pvt. Ltd.- Delhi High Court Judgment Dated- 21.05.2018

Corporate, Business & Commercial Law Judgments

Arbitration & Concilliation Act, 1996

S-32(2)© Judgments- Termination Of Arbitration Proceedings-

· PCL Suncon- National Highway Authority Of India- An order terminating the arbitral proceedings under Section 25(a) of the A&C Act was not an award and an application under Section 34 of the A&C Act to set aside the said order, is not, maintainable- An order terminating the proceedings under Section 32(2)(c) of the A&C Act can be impugned under Section 14(2) of the A&C Act.

Corporate, Business & Commercial Law Judgments

Arbitration & Concilliation Act, 1996

S-44 Arbitration Judgments

S-47 Arbitration Judgments

S-49 Arbitration Judgments

· Pasl Wind Solutions Private Limited Vs Ge Power Conversion India Private Limited- Supreme Court of India Judgment- 20.04.2021- Foreign Seat Of Arbitration- question – enforcement proceedings under sections 47 and 49 of the Arbitration Act- section 23 of the Indian Contract Act 1872- Whether two companies incorporated in India can choose a forum for arbitration outside India- and whether an award made at such forum outside India, to which the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 [“New York Convention”] applies, can be said to be a “foreign award” under Part II of the Arbitration and Conciliation Act, 1996 [“Arbitration Act”] and be enforceable as such.

Corporate, Business & Commercial Law Judgments

Contract Act Judgments

Contract Act, 1972

· Agreement Judgments

· Compliances Under Technology Act,

· Evidence Act- Application of

· Non-compete Clause Judgments: Absolute bars against non-competes are considered a bad idea-

· Non-solicitation Clause-

Corporate, Business & Commercial Law Judgments

Contract Act Judgments

Contract Act, 1972

[Non-compete Clause Judgments: Absolute bars against non-competes are considered a bad idea]

· Bhola Nath-Shankar Das Vs Lachmi Narain- 29.10.1930.

· Percept D’Markr (India) Pvt. Ltd vs Zaheer Khan- 22.03.2006

· Niranjan Shankar Golikari vs The Century Spinning And Mfg. Co.- 17.01.1967.

Corporate, Business & Commercial Law Judgments

Contract Act Judgments

Contract Act, 1972

[Non-solicitation Clause]

· Wipro Limited vs Beckman Coulter International- 11.07.2006.

· Diljeet Titus, Advocate vs Mr. Alfred A. Adebare- 08.05.2006

Arbitration & Concilliation Act, 1996

Emergency Arbitrator Judgments

· Amazon.Com Nv Investment Holdings LLC Vs Future Coupons Private Limited- Delhi High Court Judgment- 18.03.2021- Emergency Arbitrator is an Arbitrator for all intents and purposes; order of the Emergency Arbitrator is an order under Section 17(1) and enforceable as an order of this Court under Section 17(2) of the Arbitration and Conciliation Act.- Group Of Companies Doctrine- Emergency Arbitrator has rightly invoked the Group of Companies doctrine- Vague plea of Nullity- The interim order of the Emergency Arbitrator is not a Nullity.

Corporate, Business & Commercial Law Judgments

Companies Act Judgments- Company Judgments-

· S-242 Companies Act- Power of the Tribunal- Maintainability of Petition before NCLT-

· S-271 & 272 Companies Act- Company Petition- Company Winding Up- Provisional Liquidator-

· Removal of Director Judgments- Cyrus Pallonji Mistry Removal- Tata Consultancy Services Limited Vs Cyrus Investments Pvt. Ltd.- Held, the actions of Tata Sons board against Mistry did not amount to oppression of minority shareholders or mismanagement.

Corporate, Business & Commercial Law Judgments

Companies Act Judgments- Company Judgments-

S-242 Companies Act

[Power of the Tribunal- Maintainability of Petition before NCLT]

· Naresh Dayal Vs Delhi Gymkhana Club Ltd.- NCLT has no jurisdiction to decide cause of action over which it has no power under Companies Act-

Corporate, Business & Commercial Law Judgments

Companies Act Judgments- Company Judgments-

S-271 & 272 Companies Act

· Antrix Corporation Ltd. Vs Devas Multimedia Pvt Ltd- Company Petition- Company Winding Up- Provisional Liquidator-

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

[Tax Law Judgments-Tax Judgments]

Art-366(6) Constitution- Art-366(28) Constitution- Art- 366(29) Constitution- Corporation tax-

Evasion & Avoidance- Tax Evasion & tax Avoidance:

· GST Judgments

· Income Tax Act, 1961

· MNCs Tax Judgments

· Misc. Tax Judgments

Corporate, Business & Commercial Law Judgments

Food Safety and Standards Act, 2006 Judgments- Food Safety and Standards Act Judgments

Judgments Food Safety and Standards Act, 2006- Judgments Food Safety and Standards Act

· Kamal Khare Vs SO MP- Invocation of the NSA Act against a milk retailer, booked under the Food Safety and Standards Act, 2006 for selling sub-standard quality of milk products- power of detaining authorities to invoke the stringent provisions of National Security Act, when offence is committed under a particular Act- Cases Cite- Kanu Biswas v. State of West Bengal (1972) 3 SCC 831.- NSA does not overlap with the panel provisions under the FSSA, as it is not in lieu of that but is rather in addition to that.

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

GST Judgments

· Attachment Judgments- GST Attachment Judgments

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

GST Judgments

Attachment Judgments- GST Attachment Judgments

[Provisional Attachment Judgments]

· Radha Krishan Industries Vs State of Himachal Pradesh- Supremem Court Of India Judgments- 20.04.2021- GST- Provisional Attachment Power ‘Draconian- Not Intended To Authorize Commissioners To Make Pre-emptive Strikes On Assessee’s Property- power of provisional attachment under GST laws must be strictly construed, being a draconian power, and that the same should be exercised only on the basis of tangible material.

Corporate, Business & Commercial Law Judgments

IT- Information Technology

· Contents Internet Judgments

· IT Act

Corporate, Business & Commercial Law Judgments

IT Judgments- Information & Technology Judgments-

Information Technology Judgments- Information And Technology Judgments

Contents Internet Judgments- Internet Contents Judgments.

· X Vs Union Of India (Name Redacted)- W.P.(CRL) 1082/2020- Delhi High Court Judgment Dated- 20.04.2021- Removal Of Offending Content From Internet: Delhi High Court Lays Down Procedure, Guidelines For Intermediaries, Govt.Agencies- Observed, photographs taken from Facebook and Instagram accounts uploaded on pornographic website without the consent of such person amounts to an offence under S-67 of the IT Act and that such an act, even if the photographs are not in itself obscene of offensive, without the consent of the party would amount to breach of person’s privacy.

· Kishore Vs SO Maharashtra- Bombay High Court Judgment Dated- 01.03.2021- WhatsApp Group Administrator Not Liable For Member’s Objectionable Post If There Is No Common Intention-

Corporate, Business & Commercial Law Judgments

IT- Information Technology

IT Act

· S-67 IT Act

Corporate, Business & Commercial Law Judgments

IT- Information Technology

IT Act

S-67 IT Act

· X Vs Union Of India-Supra.

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

MNCs Tax Judgments

[MNC Tax Judgments- Multi-National Companies Tax Judgments]

· Double Taxation

· Deferrals- Tax Deferrals

· Investments- Cross-Border Investment.

· Tax Avoidance Judgments

· Laundering- Money Laundering

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

MNCs Tax Judgments

Tax Avoidance Judgments

[Tax Evasion Judgments]

Permanent Court of Arbitration (PCA) at The Hague

· UOI Vs Azadi Bachao Andolan- Supra-

· Vodafone International Holdings Vs UOI- 20.01.2012- Tax dispute- Case in relation to the acquisition by Vodafone International Holdings BV [for short “VIH”], a company resident for tax purposes in the Netherlands, of the entire share capital of CGP Investments (Holdings) Ltd. [for short “CGP”], a company resident for tax purposes in the Cayman Islands [“CI” for short], whose stated aim, according to the Revenue, was “acquisition of 67% controlling interest in HEL”, being a company resident for tax purposes in India- In this Case, the Revenue seeks to tax the capital gains arising from the sale of the share capital of CGP on the basis that CGP, whilst not a tax resident in India- Issues involved: double taxation, tax deferrals, tax avoidance/ evasion, money laundering, cross-border investment- Laws Involved: Income Tax Act, 1961- Doctrines Involved: Anti-avoidance doctrine- Other important facts: Tax Due Diligence Report was submitted by Ernst & Young- HEL wrote to the Joint Director of Income Tax (International Taxation) stating that HEL had no tax liabilities accruing out of the subject transaction- Case laws figuring in discussion in this Case: Azadi Bachao.

Corporate, Business & Commercial Law Judgments

Tax Laws Judgments

Misc. Tax Judgments

· 1985.04.17- Mc Dowell & Company Limited Vs The Commercial Tax Officer- 1986 AIR 649-

· 2019.10.25-SC3JB-NRA Iron & Steel- Principal Commissioner of Income Tax (Central) Vs NRA Iron & Steel Pvt. Ltd.- Supreme Court Of India Judgment- 25.10.2019- M.A. No. 814 of 2019 In Civil Appeal No. 2463 OF 2019- Tax Laws- Authorized Representative (AR)- Chartered Accountant (CA)- Principal Officer- Power Of Attorney Holder (POA)- Agent- Service of Court Process [Full PDF Judgments].

· 2019.10.04- Calcutta Club Ltd. Vs SO WB- Services of food and drinks given by an incorporated club to its members are exempted from service tax

· 2019.12.04- Great Eastern Shipping Co. Ltd. Vs SO Karnataka- Sales Tax: Place of contract is relevant than location of goods- Whether Coastal States Have Power To Levy Sales Tax On Goods In Territorial Waters .

· Telecom Laws:- Supreme Court allowed the Centre’s plea to recover adjusted gross revenue (AGR), as formulated by the Department of Telecom (DoT) [2019.10.24- Association of Unified Telecom Service Providers of India- UOI]- Challenge to the validity of the Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge [Amendment] Regulations, 2018- Consultative Process [2019.03.08- Syniverse Technologies (India) Pvt. Ltd. Vs TRAI].

Tender Judgments- Tender Petition Judgments

Grounds of Judicial Review- perverse, irrational or tainted with mala fides-

· Track And Towers Infratech P Ltd. Vs National Highway Authority Of India-

· Cartel Infotech Vs Hindustan Petroleum Corporation Limited- (2019) 14 SCC 81.

Corporate, Business & Commercial Law Judgments

IBC Judgments- IBCode Judgments- Insolvency Judgments- Insolvency & Bankruptcy Judgments- Insolvency & Bankruptcy Code Judgments- Insolvency & Bankruptcy Code, 2016

· S-5(7) IBC Judgments- Financial Creditor-

· S-7 IBC Judgments- Initiation of Corporate Insolvency Resolution Process

· S-62 IBC Judgments- Appeal To Supreme Court-

· Related Party Judgments Under IBC- IBC Related Party Judgments-

· Other IBC Judgments.

Corporate, Business & Commercial Law Judgments

IBC Judgments- IBCode Judgments- Insolvency Judgments- Insolvency & Bankruptcy Judgments- Insolvency & Bankruptcy Code Judgments- Insolvency & Bankruptcy Code, 2016

Corporate, Business & Commercial Law Judgments

S-5(7) IBC, 2016- Financial Creditor

· Phoenix Arc Pvt. Ltd.Vs Ketulbhai Ramubhai Patel- Creditor Will Not Become ‘Financial Creditor’ Under IBC If A Corporate Debtor Has Only Given Security By Pledging Shares, Without Undertaking To Discharge Borrower’s Liability-

Corporate, Business & Commercial Law Judgments

S-7 IBC Judgments- Initiation of Corporate Insolvency Resolution Process

· Indus Biotech Private Limited Vs Kotak India Venture (Offshore)- Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC:

Corporate, Business & Commercial Law Judgments

IBC Judgments- IBCode Judgments- Insolvency Judgments- Insolvency & Bankruptcy Judgments- Insolvency & Bankruptcy Code Judgments- Insolvency & Bankruptcy Code, 2016.

Related Party Judgments Under IBC- IBC Related Party Judgments

• Phoenix Arc Private Limited Vs Spade Financial Services Limited- Supreme Court Of India Judgments- 01.02.2021- Relayed Party- If ‘related party’ label done away with to circumvent bar under Section 21(2) IBC then Financial Creditor can be excluded from CoC- Collusive commercial transactions with corporate debtor cannot be treated as a debt-

· Corporate, Business & Commercial Law Judgments

· IBC Judgments- Insolvency Judgments- Insolvency & Bankruptcy Judgments- Insolvency & Bankruptcy Code Judgments- Insolvency & Bankruptcy Code, 2016

Other IBC Judgments

· State Bank Of India Vs Athena Energy- Aa National Company Law Appellate Tribunal (NCLAT) Judgment- Observed, simultaneous initiation of corporate Insolvency Resolution Process (CIRP) against a Principal Borrower and its Corporate Guarantor is permissible under Insolvency & Bankruptcy Code. Referred and relied upon: SBI Vs Athena Energy Respondent Ventures Private Limited.

• Manish Kumar Vs UOI- S-3, S-4 & S-10 Of IBC Amendment Act 2020 are intra virus. [Read Full Judgment].

Corporate, Business & Commercial Law Judgments

Intellectual Property Rights [IPR]

· Copyright Judgments-

· Trade Mark Judgments-

· Unfair Competition-

Corporate, Business & Commercial Law Judgments

Intellectual Property Rights [IPR]

Copyright Judgments

· Aa-

Corporate, Business & Commercial Law Judgments

Intellectual Property Rights [IPR]

Trade Mark Judgments

· Shamoil Ahmad Khan Vs Falguni Shah- prima facie makers of the web series ‘Singardaan’ infringed upon the copyright of plaintiff Shamoil Ahmad Khan who wrote a story also entitled ‘Singardan’-

· Sasikala Pushpa Vs Facebook India- 02.06.2020- Observed, people have a right to know with whom their electoral representative is meeting behind closed doors and hobnobbing with.

· Kartak Singh Vs Ladha Singh-

Corporate, Business & Commercial Law Judgments

Intellectual Property Rights [IPR]

Unfair Competition

· Arudra Engineering Private Limited Vs Pathanjali Ayurved Limited-

Corporate, Business & Commercial Law Judgments

NBFI-Non Banking Financial Institute

· Shubh Lakshmi Capital Limited Vs RBI- Issue, writ petition assailing the RBI order, cancelling registration as a Non-Banking Financial Institution (NBFI).

Corporate, Business & Commercial Law Judgments

PIL Judgments-Suo Moto Judgments-Coorporate Laws

· UOI Vs Azadi Bachao Andolan- Supra- SC-07.10.2003- Appeal (civil) 8161-8162 of 2003= Appeal (civil) 8163-8164 of 2003- (2003) 263 ITR 706 (SC)- Tax Matters- Quashing Of a CBDT Circular- Whether circular is/ was ultra vires the provisions of Section 90 and S-119 of the Income-tax Act, 1961- Held, the Court to examine the merits or demerits of such a policy and how the provisions of the statute can best be implemented [Full PDF Judgments].

Corporate, Business & Commercial Law Judgments

SEBI Judgments- Securities And Exchange Board Of India Act, 1992 & 2014

Compilation Of Informal Guidance: Sebi (Prohibition Of Insider Trading) Regulations, 2015 [October, 2015 to March, 2021]- Securities And Exchange Board Of India [SEBI] [Related Link: [ https://www.sebi.gov.in/index.html ]-

· SEBI Vs NDTV- Prannoy Roy & Radhika Roy- SEBI (Prohibition of Insider Trading) Regulations, 2015- Insider Trading Case- Securities And Exchange Board Of India- Securities And Exchange Board Of India Act, 1992.

· Chintalapti Srinivasa Raju Vs. SEBI- Supreme Court Of India Judgment- 14.05.2018- (2018) 7 SCC 443- Satyam Scam- Satyam Computer Services Limited [SCSL]- 12A SEBI, 1992- insider trading-

· SEBI Vs Future Corporate Resources Private Limited- SEBI Judgment- SEBI Penalizes Future Corporate For Insider Trading- Also, bars founder oneng biyani from securities market for one year-

Corporate, Business & Commercial Law Judgments

Trade Mark

Intellectual Property Appellate Board

· Deceptively Similar-

Corporate, Business & Commercial Law Judgments

Trade Mark

Deceptively Similar

· Retail Royalty Company Vs Pantaloons Fashion & Retail Limited-23.09.2015

· Laxmikant V. Patel Vs Chetanbhat Shah- 04.12.2001

· Cadila Healthcare Limited Vs Cadila Pharmaceuticals Limited- 26.03.2001

· Industria De Diseno Textile Sa Vs Oriental Cuisines Pvt. Ltd- 19.05.2015

· Yahoo!, Inc. Vs Akash Arora- 19.02.1999- 78 (1999) DLT 285