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India’s Supreme Court blesses personal guarantor insolvency provisions

by Majmudar & Partners | Dec 7, 2023 | Banking and Finance, General, Insolvency and Restructuring

Download .pdf In the recent case of Dilip B. Jiwrajka v. Union of India (Writ Petition (Civil) No. 1281 of 2021), the Constitutional Bench of the Supreme Court (the “SC”) upheld the constitutionality of Sections 95 to 100 of the Insolvency and Bankruptcy Code, 2016...

Indian regulators direct private companies and AIFs to dematerialize their shares

by Majmudar & Partners | Nov 29, 2023 | Corporate/M&A, General, Securities Law

Download .pdf Last month, India’s Ministry of Corporate Affairs (the “MCA”) notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 (the “Amendment Rules”), that amended the Companies (Prospectus and Allotment of Securities) Rules,...

Lack of evidence of loss of profit in an arbitral award renders the award as contrary to public policy

by Majmudar & Partners | Nov 20, 2023 | Disputes and Arbitration

Download .pdf In Unibros v. All India Radio, India’s Supreme Court (the “SC”) set aside an arbitral award that allowed a claim for damages without any proof of the claimant having suffered injury, thereby rendering the award as being in conflict with India’s public...

Are home buyers financial creditors under the IBC?

by Majmudar & Partners | Oct 27, 2023 | Disputes and Arbitration

Download .pdf Recently, in the case of Vishal Chelani & Ors. v. Debashis Nanda (Civil Appeal No. 3806 of 2023), India’s Supreme Court (SC) ruled on the interface of the Insolvency and Bankruptcy Code, 2016 (IBC) with the Real Estate (Regulation and Development)...

AI in Indian courts – a slow start

by Majmudar & Partners | Sep 25, 2023 | Technology, Telecommunication and Media

Download .pdf Generative Artificial Intelligence (“AI”) technologies, such as ChatGPT, are often celebrated as transformative forces across various sectors, and are often even perceived to challenge the necessity of human involvement in such sectors.  Nevertheless,...
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Majmudar & Partners (previously known as Majmudar & Co.), founded in 1943, is one of India’s premier law firms, serving an impressive roster of global corporations, major banks, and financial institutions, blending over 75 years of legal excellence with modern, international best practices.

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