Legal Era - October 2020

In this issue

Mediation as mode of Alternate Dispute Resolution, by Atul Juvle (General Counsel) Schindler India Private Limited - India. Legal System and Economic Growth, by Dr. Sanjeev Gemawat (Executive Director & Group Company Secretary), Dalmia Bharat Group Deciphering Post-Dating of Patent Applications, by Dr. Prosenjit Chattopadhyay (Joint Partner) & Archana Viswanathan (Senior Associate), Lakshmikumaran & Sridharan - India. M&A Deal Process In The Time of the Pandemic, by Mini Raman (Partner), LexOrbis - India. Reformation to Construction Law in India, by Parveen Mahtani (Chief Legal Officer), Mahindra Lifespace Developer Ltd - India. Pre Arbitration Steps: Contractually Prescribed Pre-Arbitration Mediation, Emergency Awards and Court Ordered Interim Relief, by Raunaq B. Mathur (Counsel) and Aubert Sebastian (Associate) S&R Associates - India. Do company policies have contractual status?, by Nikhil Chawla (Senior Associate) & Swarnil Dey (Law Graduate), Singh & Singh - India Classification of smart devices and wireless devices- Has the Customs Tariff evolved or is it a never-ending dilemma?, by Jyoti Pal (Partner), Ashwani Bhatia (Senior Associate) and Lokesh Bulchandani (Associate), Lakshmikumaran & Sridharan - India.

ONCE ‘DEBT' IS CONVERTED INTO ‘CAPITAL', IT CANNOT BE TERMED AS ‘FINANCIAL DEBT' AND THE APPELLANT CANNOT BE DESCRIBED AS ‘FINANCIAL CREDITOR': NCLAT

The National Company Law Appellate Tribunal (NCLAT) has ruled that once ‘Debt’ is converted into ‘Capital’ it cannot be termed as ‘Financial Debt’ and the Appellant cannot be described as ‘Financial Creditor’.

2 mins

THE IBC IS NOT A SUBSTITUTE FOR A RECOVERY FORUM: NCLAT

The National Company Law Appellate Tribunal (NCLAT) in this case reiterated what the Supreme Court has observed, “IBC is not intended to be substitute for a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoked.”

2 mins

PERSONAL ACCIDENT COVERAGE CASES CAN ONLY BE TRIED BY CIVIL COURTS, NOT MOTOR ACCIDENT CLAIMS TRIBUNALS: MADRAS HC

The Madras High Court has held that, in order to avail the benefit of Personal Accident Coverage Policy, the respondent/ claimant has to establish the nature of the ‘disablement’ and the same is to be established before the competent Court of law and the Motor Accident Claims Tribunal is not empowered to entertain the Claim Petition under the Motor Vehicles Act.

2 mins

MITSUBISHI ELECTRIC WINS TRADEMARK INFRINGEMENT LAWSUIT AGAINST FACTORY-AUTOMATION PRODUCT COUNTERFEITERS IN CHINA

Mitsubishi Electric Corporation announced that the Guangzhou Intellectual Property Court has upheld an earlier ruling in Mitsubishi Electric’s favor regarding infringement of the company’s trademarks by Guangzhou Lingye Automation Equipment, Guangzhou Longyan Automation Technology, Guangzhou Ouye Automation Technology and their owners located in Guangzhou, Guangdong Province, China.

1 min

LEGAL SYSTEM AND ECONOMIC GROWTH

TO RE-INSTILL THE TRUST AND CONFIDENCE OF GLOBAL CORPORATES, THE PERCEPTION REGARDING UNCERTAINTY IN THE INDIAN LEGAL SYSTEM NEEDS TO BE REMOVED

6 mins

PRE-ARBITRATION STEPS CONTRACTUALLY PRESCRIBED PRE-ARBITRATION MEDIATION, EMERGENCY AWARDS AND COURT ORDERED INTERIM RELIEF

The determinations regarding pre-arbitral steps and interim measures are riddled with intricacies of the applicable law(s) and contractual requirements, any applicable rules of arbitration and the strategic objectives intended to be achieved through the arbitration

6 mins

PRESUMPTION OF INNOCENCE IS AS PRECIOUS AS CONVICTION AFTER Full Fair Trial

LEGAL ERA SPEAKS TO ONE OF THE COUNTRY’S FINEST CRIMINAL LAWYERS KNOWN ACROSS THE BAR AND BENCH FOR HIS SHARP CRIMINAL LITIGATION SKILLS

10 mins

Mediation: As A Mode Of Alternate Dispute Resolution

The provision of mediation as a mode of adr in the indian legal system, dates back to year 1947 when the industrial disputes act, was passed…

6 mins

Reformation Of Construction Law In India

A unified construction law could be based on a consolidation of the various statutes as also borrow from some of the best practices of other countries…

3 mins

CLASSIFICATION OF SMART DEVICES AND WIRELESS DEVICES HAS CUSTOMS TARIFF EVOLVED OR IS IT A NEVER-ENDING DILEMMA?

THE QUESTION REMAINS WHETHER THE CUSTOMS TARIFF ACT, 1962 (‘TARIFF ACT’) HAS EVOLVED WITH CORRESPONDING TECHNOLOGICAL ADVANCEMENTS?

9 mins

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Legal Era Magazine Description:

Legal Era is India’s No. 1 Magazine on Endeavors and Developments in the Legal and Corporate World. The magazine serves to educate its readers about their rights while inculcating in them a sense of duty and responsibility. It also provides a keen insight into the latest trends from around the world in law and business, with a view to increasing our readers’ global perspective.
It is a publication, for the people, of the people and by the people. Although it carries views and features by the best in business, they are communicated in a manner that appeals to both lawyers and laymen.
The ultimate objective is to help people across the nation and the world become responsible citizens who are aware of their rights and who firmly believe in the rule of law.