The Multiplex Association of India (MAI) and PVR Limited (PVR) (collectively, the Petitioners) challenged the following two orders issued by the Controller of Legal Metrology (Controller), an authority appointed under the Legal Metrology Act, 2009 (Act), in Writ Petition No. 27029 of 2018 before the High Court of Telangana and Andhra Pradesh at Hyderabad.
On the anvil of the proposed amendment in the Arbitration and Conciliation Act, 1996 (Act), on 20 August 2018, the Supreme Court of India in Emkay Global Financial Services Ltd. v. Girdhar Sondhi (Emkay case) has clarified that ordinarily, at the stage of challenge of arbitral award, only the arbitral tribunal’s record is to be considered to determine the grounds of challenge. If matters beyond such record are at issue, parties should ‘furnish proof’ of the grounds of challenge only by affidavits. Cross-examination of those testifying cannot be allowed unless ‘absolutely necessary’.
On 27 August 2018, the Ministry of Civil Aviation, Government of India (GOI) released the National Drone Policy, 2018 version 1 (Drone Policy), comprising of: (a) Civil aviation requirements (CARs) of civil remotely piloted aircraft system (RPAS); (b) FAQs on operation of RPAS; and (c) Do’s and Don’ts for operation of RPAS. The Drone Policy legalises the use and operation of drones in India, effective from 1 December 2018.
The Trade Unions Act, 1926 (Act) provides for the constitution and registration of trade unions in India. The Act defines a trade union as “any combinations, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive condition on the conduct of any trade or business, and includes any federation or two or more trade unions (Section 2, Trade Union Act, 1926).”
The Madras High Court (Court) recently ruled in favour of the Taxpayer (M/s WABCO India Limited v. The Deputy Commissioner of Income-tax, W.A.No. 884 of 2018 and C.M.P Nos. 8825 and 7726 of 2018.) holding that the Taxpayer could not be taxed in India when it had no role to play in a share transfer that took place outside India
A full bench of the Hon’ble Supreme Court of India (the Court) in the case of United India Insurance Co Limited v Hyundai Engineering and Construction Co Ltd & Ors (Civil Appeal no 8146 of 2018) has clarified that the observation “After Amendment Act 3 of 2016, as per the amended provision of sub-section(6-A) of Section 11
The Authority of Advance Ruling (AAR) in the state of Karnataka, in its order in Columbia Asia Hospitals Private Limited (the Applicant) dated 27 July 2018, made critical observations concerning the taxability of employee cost at a corporate office under Goods and Services Tax (GST).
In a significant ruling having widespread ramifications, the Hon’ble Supreme Court (Court) on 14 August 2018 pronounced its judgment in the case of State of Bank of India v V. Ramakrishnan & Anr (Civil Appeal No. 3595 of 2018). The Court held that the period of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (Code) would not apply to the personal guarantors of a corporate debtor.
The corporate insolvency resolution process (CIRP) against Jaiprakash Infratech Limited (JIL) commenced when the National Company Law Tribunal, Allahabad (NCLT) passed an order dated 09.08.2017 admitting the petition of IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC).
By an order dated 8 August 2018 passed in M/s Ved Prakash Mithal and sons v Union of India (Special Leave to Appeal (C) No(s). 20195/2017), the Supreme Court of India (the Court) has clarified the issue regarding the commencement of limitation period in filing an application to set aside an award under Section 34 of the Arbitration and Conciliation Act, 1996 (as amended) (Act).
