Welcome to our blog page! Here, you will find a collection of thought-provoking and informative blog posts covering a wide range of topics. Our goal is to provide readers with valuable insights, foster meaningful discussions, and encourage a deeper understanding of various subjects. Whether you're seeking practical advice, exploring current events, or delving into thought-provoking concepts, our blog offers a diverse array of content to satisfy your curiosity.

Madhav Bhatia Madhav Bhatia

Application of General Conditions to Building and Construction projects

The National Green Tribunal (NGT) has delivered a landmark judgment in Pranjal Karera v. Union of India & Ors., mandating that all Building and Construction projects within 5 km of ecologically sensitive zones, critically polluted areas, and interstate boundaries be classified as 'Category A' projects. These projects must now be appraised at the Central level by sectoral Expert Appraisal Committees (EACs), ensuring stricter environmental scrutiny. This ruling reinstates the General Condition (GC) of the EIA Notification, 2006, reversing previous relaxations and reinforcing compliance with Supreme Court and High Court directives

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Madhav Bhatia Madhav Bhatia

The Doctrine of Blue Pencil: A Critical Tool in Contract Enforcement

Contracts are the backbone of business and litigation, yet they often contain clauses that veer into illegality or unfairness. Should a single defective clause doom an entire agreement? The Doctrine of Blue Pencil offers a compelling solution—it allows courts to strike out the offending portion while preserving the rest, ensuring that lawful obligations remain enforceable. Imagine an employment contract where a penalty for early resignation is legally invalid, but the salary and benefits provisions are sound. Or an insurance policy where an exclusion clause unfairly limits coverage. Should these contracts be scrapped entirely? Courts have ruled otherwise, applying the Blue Pencil Doctrine to sever unlawful clauses while upholding valid terms. From real estate deals that violate zoning laws to arbitration agreements with unenforceable restrictions, Indian courts have used this doctrine to prevent contracts from collapsing due to a single defective provision

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Madhav Bhatia Madhav Bhatia

Prohibition of Benami Property Transactions Act: An Overview

The Prohibition of Benami Property Transactions Act, originally enacted in 1988 and significantly amended in 2016, is a crucial legislative measure aimed at eliminating the practice of holding properties in fictitious names. The term "benami" refers to transactions where the actual beneficiary is not the person in whose name the property is registered. This blog post seeks to analyse the basic provisions of the PBPT Act

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Madhav Bhatia Madhav Bhatia

National Green Tribunal's Stay on Mining Activities in Assam: A Closer Look

On July 23, 2024, the National Green Tribunal (NGT) Eastern Zone Bench in Kolkata issued a pivotal order halting mining activities in several districts of Assam due to the absence of required District Survey Reports (DSR). This decision underscores the critical importance of regulatory compliance in environmental governance. Highlighting lapses in the preparation of DSRs, the NGT's ruling enforces adherence to the "Enforcement & Monitoring Guidelines for Sand Mining (EMGSM-2020)." This landmark order not only emphasizes the need for sustainable mining practices but also sets a significant legal precedent for environmental accountability.

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2016 Amendment to Section 21 of the RDDB Act - Prospective or Retrospective?

2016 Amendment to Section 21 of the RDDB Act - Prospective or Retrospective?

The legal fraternity stands at crossroads with the Karnataka High Court's interpretation of Section 21's 2016 amendment under the RDDB Act. This in-depth analysis explores the amendment's prospective vs. retrospective nature, contrasting the Vijay Mallya case's judgment with Supreme Court precedents. The amendment, which revised the pre-deposit condition for appeals, previously allowed for judicial discretion and now imposes a 25% minimum. This shift poses a hurdle to appellants and their substantive right to appeal. The article calls into question the High Court's rationale, suggesting that the judgment overlooked established Supreme Court decisions favoring prospective application in similar scenarios, especially when such amendments affect accrued rights. It underscores the need for higher judicial scrutiny to safeguard litigant rights, hinting at a potential re-examination by the Supreme Court to ensure justice that resonates with past rulings.

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Madhav Bhatia Madhav Bhatia

Navigating Jurisdiction: Evolving Perspectives on Section 14 of the Arbitration Act

The landscape of arbitration law in India is undergoing a profound transformation, particularly concerning the jurisdictional nuances of Section 14 applications under the Arbitration Act. Recent judicial pronouncements, notably the Swadesh Kumar Agarwal v. Dinesh Kumar Agarwal case, have heralded a significant shift in the interpretation of Section 14, challenging long-held beliefs about the exclusive jurisdiction of higher courts in such matters. This excerpt delves into the evolving discourse, highlighting the pivotal role of recent legal developments in reshaping the contours of arbitration jurisprudence. As courts grapple with the implications of these decisions, stakeholders must navigate the evolving legal landscape with diligence and insight, ensuring compliance with the nuanced requirements of arbitration law.

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company law, double tax avoidance Raghav Bhatia company law, double tax avoidance Raghav Bhatia

DETERMINATION OF PLACE OF EFFECTIVE MANAGEMENT UNDER INCOME TAX ACT, 1961

The article discusses the concept of Place of Effective Management (POEM) as outlined in Section 6(3) of the Income Tax Act, 1961, crucial for determining the residency of a company for tax purposes in India. POEM is defined as the place where key management and commercial decisions necessary for the conduct of an entity's business are made.

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