• LexBlog India

Publisher:
LexBlog
Publication date:
2019-10-11

Latest documents

  • USTR Initiates Section 301 Digital Services Tax Investigations on EU, India and Others

    The Office of the United States Trade Representative has announced it will begin investigations under Section 301 of the 1974 Trade Act into digital services taxes that have been adopted or are being considered by Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey, and the United Kingdom. According to the...

  • USTR Initiates Section 301 Digital Services Tax Investigations Covering India, the European Union and Several Other Countries

    The Office of the U.S. Trade Representative (“USTR”) announced on June 2, 2020 that it is initiating Section 301 investigations on Digital Services Taxes (“DSTs”) adopted or under consideration by Austria, Brazil, Czech Republic, the European Union (“EU”), India, Indonesia, Italy, Spain, Turkey, and the United Kingdom (“U.K.”). The Section 301 DST investigations could lead...

  • India Update: Indian Government Institutes Community and Workplace Safety Guidelines for Phased Re-Opening Following the COVID-19 Lockdown

    As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until...

  • Disclosure of Covid-19 Impact by Listed Entities – Finding the Right Balance

    Across India, each subsequent phase of the lockdown has permitted a responsible increase in economic activity. As companies re-start their operations, they continue to assess the impact of Covid-19 pandemic on their businesses and operations, which is rapidly and continuously evolving. Listed entities are particularly conscious of their disclosure obligations, more so after the Securities...

  • Reduction in the rate of PF contributions: Some practical considerations

    As part of the ‘Atmanirbhar Bharat’ (Self-Reliant India) campaign, which is the Central Government’s initiative in its war against the Covid-19 pandemic, the Ministry of Labour and Employment (“EPF Amendment”) through a notification dated May 18, 2020, has introduced an amendment to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”). The EPF...

  • Contract of service or contract for service: The Supreme Court Test

    In Sushilaben Indravadan Gandhi v. The New India Assurance Company Limited,[1] the Supreme Court crystallised and clarified the tests to differentiate between a contract of service and a contract for service, while also interpreting an exemption of liability clause in an insurance policy. Factual Background Respondent No. 3 viz. the Rotary Eye Institute, Navsari (“Institute”)...

  • Double Trouble in 2020 – Tackling COVID-19 while Protecting the Right to Privacy

    Background Dire times call for ingenious, and often, radical measures. The COVID-19 pandemic, which has led to actions being taken under the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, in India, is one such unprecedented and grim event. While governments and health workers all over the world are grappling to curb the spread...

  • Public Interest versus Promissory Estoppel – Chalk another one up on the board for Public Interest

    In its recent decision in Union of India & Anr. v. M/s. V.V.F. Limited & Anr.,[1] the Hon’ble Supreme Court held that government notifications which are issued in public interest are not hit by the doctrine of promissory estoppel. Facts The Gujarat Notifications Post the devastating earthquake that struck the District of Kutch (in the...

  • Supreme Court’s Continuous Battle with Covid-19

    I. Introduction The last few months have been extremely unpredictable and extraordinary for the world as it continuously battles against the novel Corona virus (“Covid-19”) in all its spheres. In India, the economy has suffered a severe blow and the legal fraternity and judicial system seems to be no different due to a lack...

  • Another One Bites the Dust – Domestic Award Set Aside as Being Perverse

    In what one hopes is not a bull run, one more arbitral award has been set aside by the Supreme Court. In SEAMEC v. Oil India Ltd., a domestic award was set aside on the basis that the contractual interpretation by the Arbitral Tribunal was perverse and completely defeated the explicit wordings and purpose of...

Featured documents

  • Ayurvedic Remedies May Help With Alzheimer’s

    Researchers studied five plants commonly used in Ayurvedic medicine, and found that the plants acted to prevent the breakdown of neurotransmitters, improving memory and concentration in people with Alzheimer’s disease. The BBC reported in “India drug gives Alzheimer’s hope” (http://news.bbc.co.uk/2/...

  • Satyam Crisis Highlights Data Security and Corporate Issues for Outsourcing Customers

    Scarcely a month after the world media was flooded with news of the catastrophic terrorist attacks in Mumbai, headlines are once again rife with articles on the global impact of events in India. This time, the news has focused on Satyam Computer Services (“Satyam”), previously one of India’s...

  • Well… Everyone Knows It: The Testimony of a Mold Expert

    What most people think they know about mold and its effects on your health is not always the truth. Everyone knows that humans only use 10% of their brains (not true, although sometimes it may seem true), that Christopher Columbus called Native Americans "Indians" because he thought he...

  • Interview with Manupatra's CEO Deepak Kapoor – Providing Legal Research For India's Courts

    While walking up and down the aisles of the vendor hall at the AALL annual conference, I saw a booth for an Indian company called Manupatra. I have to be honest, when I first saw the booth I thought that it was an outsourcing company and I avoided it on my first couple of sweeps......

  • Asset Search News Roundup: April 8, 2011

    This “Asset Search News Roundup” discusses a letter rogatory from Italian prosecutors and the recent U.S. fines issued in the case involving India’s Satyam Computer Services. A letter rogatory filed April 1st in federal court by the U.S. Attorney, reveals that Italian prosecutors are investigating...

  • The Royal Attitude

    Over the years I have learned that the single most critical factor that drives clients to our office is not when a cruise passenger has been injured or inconvenienced.  Stuff happens, and most people understand that.  But when a cruise line treats passengers poorly after injuring or inconveniencing ...

  • EB-2 Priority Dates for India & China Jump Ahead

    If you have not noticed yet, the priority dates in the 2nd preference employment based category (also known as EB-2) on the Visa Bulletin {insert link to current Bulletin}, has moved up full year for Chinese and Indian nationals!  This significant step forward in priority date is a boon for Chinese ...

  • Moon Fishery, maker of Tuna Scape, Recalls Tuna Strips

    Moon Fishery (India) Pvt. Ltd., the Manufacturer of the Yellow Fin Tuna Nakaochi Scrape that was recently recalled by a U.S. Distributor, is also recalling its 22 pound cases of “Tuna Strips” Product of India AA or AAA GRADE because they have the potential to be contaminated with Salmonella, an...

  • Changes to Visa Processing in India

    The U.S. Embassy in India has announced that a new system for visa processing will be implemented beginning on September 26, 2012.    The Embassy’s new website, www.ustraveldocs.com/in, facilitates many of the changes and is available in English and Hindi. The biggest change is that a new...

  • A New Year’s Resolution: “Zero Tolerance” For Sexual Harassment

    Sexual harassment has been front and center in the news these days – witness the horrific gang rape in India that has spurred world-wide outrage (see also our blogs from last week). Now, a newly released report from the Department of Defense entitled “Annual Report on Sexual Harassment and Violence ...