by Majmudar & Partners | May 16, 2023 | Disputes and Arbitration
Download .pdf In a recent ruling, India’s Supreme Court has held that an enquiry or proceeding against an auditor of a company under Section 140(5) of the Companies Act, 2013 (the “Act”) does not terminate upon the resignation of the auditor, and the auditor, if found...
by Majmudar & Partners | May 9, 2023 | Corporate/M&A
Download .pdf In a recent ruling, the Gujarat High Court (the “GHC”) has dealt with five different issues under the Gujarat Stamp Act, 1958 (the “GSA”) and has held that: In a composite scheme of arrangement where undertakings are transferred by way of a merger,...
by Majmudar & Partners | Apr 23, 2023 | Tax
Download .pdf In a recent ruling, India’s Supreme Court (“SC”) has held that the term “management and control” of a company means where the head, seat and the directing power of the business affairs lie. It is not merely theoretical or de jure control and power,...
by Majmudar & Partners | Apr 13, 2023 | Authored by Akil Hirani, Foreign Investment, Private Equity and Venture Capital, Technology, Telecommunication and Media
Download .pdf Background On January 2, 2023, India’s Ministry of Electronics and Information Technology (“MeitY”) had invited comments from the public on a host of proposed amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 (the...
by Majmudar & Partners | Mar 23, 2023 | Disputes and Arbitration
Download .pdf Brief background Recent trends show an increase in the preference and popularity of arbitration as an alternative mode of dispute resolution. While, indisputably, arbitration has its merits, certain category of disputes may not be arbitrable. ...
