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新闻简报

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

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FDI in pension sector - Foreign Exchange Management Provisions, amended

09 十二月 2016

Pursuant to an amendment to the Consolidated Foreign Direct Investment Policy in June 2016, the Reserve Bank of India, by its Notification dated November 04, 2016, has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 as applicable to the pension sector in India.

Foreign Direct Investment (FDI) in Non-banking Finance Companies

07 十一月 2016

The Reserve Bank of India by its Notification dated September 9, 2016, amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000.

‘Trust Deed’ just like ‘Will’ is not an arbitration agreement

07 十一月 2016

Supreme Court of India on 17-8-2016 has held that ‘Trust Deed’, which provides for resolving the disputes arising between the  beneficiaries of the Trust through arbitration, does not constitutes an ‘agreement’ much less an “arbitration agreement” within the meaning of Section 2(b) and 2(h) read with Section 7 of the Arbitration and Conciliation Act, 1996.

Conversion of shares and increase of authorized share capital, when illegal

07 十一月 2016

In the present petition before the Supreme Court, the contention of the respondents (“Sanwalka Group”) was that the company had come under the control of the appellants (“Gupta Group”) by various actions and omissions.

New All Industry Rates of Drawback notified

04 十一月 2016

Central Board of Excise and Customs (CBEC) has notified new All Industry Rates (AIR) of Duty Drawback which are effective from 23-11-2015, i.e. will be applicable on exports made from 23rd of November 2015.

New All Industry Rates of Drawback notified

04 十一月 2016

Indian Ministry of Finance has revised the All Industry Rates (AIR) of Drawback, payable to the exporters by the Revenue department to neutralize various duties suffered by the former in respect of goods exported.

AEOs allowed to pay Customs duties on fortnightly basis

04 十一月 2016

Customs duties payable on import of goods in India can now be paid on fortnightly basis by specified Authorised Economic Operators - importers.

Companies (Mediation and Conciliation) Rules, 2016 notified

08 十月 2016

The Ministry of Corporate Affairs vide its Notification dated 9 September, 2016 has notified the Companies (Mediation and Conciliation) Rules, 2016 (“Rules”).

Recovery of arrears when a company is no longer a ‘sick’ company

08 十月 2016

The Hon’ble Supreme Court of India, recently pronounced a judgement on a very interesting issue regarding recovery of arrears when a company is no longer a ‘sick’ company.

Arbitration – Scope of enquiry under Section 45 to not include enquiry of legality and validity of substantive contract

08 十月 2016

The Hon’ble Supreme Court of India in its case of Sasan Power Limited v. North American Coal Corporation India Private Limited on 24 -8-2016 has held that the scope of enquiry under  Section 45 of the Arbitration and Conciliation Act, 1996, is confined only to the question – whether the arbitration agreement is “null and void, inoperative or incapable of being performed” and not on the legality and validity of the substantive contract.

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