With their ability to exploit new technologies and to innovate in response to changing market needs, micro, small and medium enterprises (“MSMEs”) contribute tremendously to the socio-economic development of the country. MSMEs produce and export a diverse range of products and services to meet the needs of the local and global markets and value chains.... Continue Reading →
Arbitrability of Trust Disputes
Trusts and Dispute Resolution: An Overview A person may make a charitable transfer of property either for the benefit of the society at large (Public Trusts) or for his own family or for some specific person (Private Trusts). In such cases, to ensure that the benefits are appropriately passed on to the intended beneficiary, he... Continue Reading →
Factories (Amendment) Act, 2015
Factories (Maharashtra) Amendment Act (“Amendment Act”) has come into force on 2nd December, 2015 after receiving the assent of the President. The Amendment Act shall specifically be applicable to the State of Maharashtra. The amended provisions shall be in consonance with the Factories Act, 1948 (“Principal Act”) and shall only replace the relevant provisions as... Continue Reading →
Start-ups and pivotal legal documentation
With better access to funding, evolving technology space and increasing demand within the domestic market, the Indian start-up ecosystem has been rapidly progressing and the “Start-up India, Stand up India” initiative has provided a huge impetus to its growth by effectuating many favourable regulatory and policy changes. In addition to the technology space, which has... Continue Reading →
Compensation Payment Mechanisms: Contractor to indemnify Principal Employer for paying compensation to an injured workman employed through the Contractor
The Gujarat High Court, in its judgment delivered on 9th June, 2016, in the case of ‘Bil Metal Industries v. Rameshbhai Gordhanbhai Solanki & Anr[1].’ has settled a key area of dispute regarding compensation of injured workers under the Employees Compensation Act, 1923 (“Act”). Background The Commissioner awarded compensation of INR 1,58,615.43 with 12%... Continue Reading →
Representations and warranties in the context of M&A in India
REPRESENTATIONS Traditionally representation and warranties are referred to as a single grouped concept wherein most tend to view them as synonymous terms. However, the two terms are separate and distinct from each other having different characteristics and hence different remedies under law. Understanding the differences between them and using them appropriately is essential to ensure... Continue Reading →
COMMERCIAL LAW BLOG 