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Customs and GST Alert – Vol. 1 – Issue 5 – July 2024

We are pleased to share our bi-monthly newsletter on the latest GST and Customs Developments. The newsletter covers recent judgments and regulatory updates in the GST and Customs space in India. We trust that you will find the same useful. Looking forward to receiving your valuable feedback. For any clarification, please write to: Mr. Shammi […]

Unveiling the Complex Web of Corporate Ownership: A Detailed Examination of Significant Beneficial Ownership and Contemporary Trends

In the landscape of corporate governance and regulatory compliance in India, the concept of significant beneficial ownership (“SBO”) has lately emerged as a critical focal point. This heightened attention is primarily due to a series of rigorous actions taken by the various Registrar of Companies (“RoCs”) against notable entities, including multinational giants such as LinkedIn […]

Telangana High Court: Dispute concerning partners’ rights and obligations during insolvency and winding-up of partnership is arbitrable

The Telangana High Court (“Telangana HC”), vide its order dated April 14, 2024, in the case of Shameem Sultana Khan v. Faizunnissa Begum and Others [Arbitration Application No. 164 of 2023], has allowed an application for appointment of arbitrator under Section 11(6) (Appointment of arbitrators) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), in […]

Delhi High Court: Arbitration clause in the T&Cs on a website is binding on the parties if the digital agreement incorporates a hyperlink to such T&Cs

The Delhi High Court (“Delhi HC”), in its judgement dated April 23, 2024, in the matter of M/s. Oravel Stays Private Limited v. Nikhil Bhalla [FAO (COMM) 212/2023 & CM No.54229/2023], has held that an arbitration clause contained in the terms and conditions (“T&Cs”) available on a website is binding on the parties if the […]

Karnataka High Court: Special provisions related to international workers under EPF Scheme and Pension Scheme declared unconstitutional

The Karnataka High Court (“Karnataka HC”), vide its order dated April 25, 2024, in the case of Stone Hill Education Foundation v. Union of India and Others [W.P. No. 18486/2012], has struck down the provisions pertaining to contribution of the provident fund for international workers without any ceiling as to the wages, under paragraph 83 […]

Delhi High Court: Arbitrator can award compensation on guesswork when loss is difficult to prove, subject to maximum amount payable under liquidated damages clause

In the matter of Cobra Instalaciones Y Servicios, S.A. and Shyam Indus Power Solution Private Limited (J.V.) v. Haryana Vidyut Prasaran Nigam Limited [FAO(OS) (COMM) 195/2022 and CMAPPL 32865/2022] decided on April 10, 2024, the Division Bench of Delhi High Court (“Delhi HC”) has held that an Arbitrator can award compensation on guesswork when loss […]