News and Blog
At ASV Legal, we are dedicated to advancing knowledge and understanding in Business & Law. Through our meticulously researched editorials and media content, we provide critical insights that contribute to the intellectual discourse of our society and legal community. Beyond mere preservation, we actively engage in learning and growth initiatives, collaborating with universities and colleges to offer educational opportunities and mentorship programs for aspiring legal professionals. Join us in our academic pursuit to educate, guide, and empower individuals in the field of law.
Navigating Jurisdictional Boundaries: The Impact of Section 32A on Insolvency and Anti-Money Laundering
Written By: Tushar Gadia Introduction Section 32A of the Insolvency and Bankruptcy Code, 2016 (“Code”), introduced significant protections for corporate debtors undergoing insolvency resolution. Despite
NCLAT Affirms Creditor’s Choice: The Nimitaya Hotel Insolvency Ruling
Written By: Abhishek Kumar Jaiswal Introduction On August 20, 2024, the NCLAT[1], Principal Bench, New Delhi, rendered its judgment in Company Appeal (AT) (Insolvency) No.
Ensuring Timely Resolution of Disputes: A Comprehensive Analysis of section 29A of the Arbitration and Conciliation Act, 2016
Written By: Nishtha Kaura (Senior Associate) & Aastha Arora (Associate) Arbitration has become a preferred mode of dispute resolution, especially in commercial matters, owing to
Bombay High Court Strikes Down Information Technology Rules, 2021, as Amended in 2023 and Upholds Free Speech
Written By: Gaurav Singh In a recent development, the Hon’ble High Court of Bombay in the matter “Kunal Kamra Vs. Union of India & Ors.
Unveiling the Legal Labyrinth: How Judicial Precedents and RBI Guidelines Shape the Declaration of Wilful Defaulters
Written By: Jahnvi Gupta Introduction The concept of a “wilful defaulter” in Indian banking law has gained significant attention due to its implications for both
Judicial Challenges and Progress in Enforcing Foreign Arbitral Awards in India
Written By: Tanushvi Singh Arbitration has become the most common of settling disputes, particularly in commercial disputes, because it is faster, confidential, and cost effective
Applicability of Part I of the Arbitration & Conciliation Act, 1996 to Foreign-Seated Arbitration
Written By: Vinayak Gupta Introduction Part I of the Arbitration and Conciliation Act, 1996 applies to arbitrations held within India, while Part II governs arbitrations
Trusts vs. Consumers: An Analysis of Consumer Forum Jurisdiction Over Charitable Organizations Operating Without Profit Motives
Written By: Muskaan Goel Introduction Charitable organizations play a vital role in society by offering services to the public without the aiming to make a
The Long-Drawn Conundrum: Modification of Arbitral Awards Under Section 34 of the Arbitration Act
Written By: Ayushi Mishra I. IntroductionRecently, a three-judge Bench of the Hon’ble Supreme Court of India, in the case of Gayatri Balasamy v. M/s ISG
Supreme Court Reaffirms ‘Bail is the Rule, Jail is the Exception’ in PMLA Cases
Written By: Suvangana Agarwal New Delhi, [01.09.2024] — The Supreme Court, on Wednesday (28.08.2024), underscored the applicability of the legal principle “bail is the rule,
Suo Motu Cognizance by Supreme Court: Protecting Constitutional Rights and Values
Written By: Aastha Arora “Suo motu is not defined anywhere, but law keeps developing and when the need arises, judges need to act conscientiously”[1] – Justice
Bombay High Court Grants Interim Relief to Us Giant Burger King in A Trademark Suit Against Pune Fast Food Joint
Written By: Kamakshraj Singh The Bombay High Court, vide its order dated 26.08.2024, restored the 2012 interim stay order of the Pune District Court (Lower
Redefining Education: Delhi HC Expands the Meaning of ‘Education’ As Part of ‘Charitable Purpose’ Under the Income Tax Act, 1961
Written By: Muskaan Goel The Hon’ble Delhi High Court through its recent judgement in the case of Commissioner of Income Tax (Exemptions) Delhi vs. NIIT
Supreme Court cancels bail of rape accused over ‘Bhaiya is Back’ posters
The Supreme Court has rejected the bail application of a rape accused after posters reading “Bhaiya is Back” were put up to celebrate his release.
Del HC | Writ petition cannot find cause of action on sympathy
Delhi High Court: C. Hari Shankar, J. reiterated that once the provision for a “special chance” stood removed from the statutes of Delhi University in
Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat
WAS PURSUING LAW PLANNED OR DID IT ALL HAPPEN BY CHANCE? As a child, I was fascinated by the thought-process and lifestyle of my father’s
Mere Grant Of Extension Of Time To Contractor Does Not Necessarily
The High Court of Delhi has held that mere recommendation by Independent Engineer (IE) for Extension of Time (EOT) to the contractor does not necessarily
When COC Approves A Resolution Plan, It Is Presumed To Be Viable
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Kanthi Narahari (Judicial Member) and Shri Barun Mitra (Technical