PERSONAL GUARANTORS/PROMOTERS FACE UNCERTAINTY IN LIGHT OF LANDMARK SUPREME COURT RULING
INTRODUCTION The Supreme Court, in Lalit Kumar Jain vs Union of India 1 has upheld resolution proceedings against personal guarantors. Let us try to understand why. Lending practices in India are in some measure dependent on the personal reputation and stake of the promoters or directors of a company. Leveraging this goodwill and confidence they […]
The Model Tenancy Act, 2020: A blessing for homeowners and developers
On 2nd June, 2021 the Union Cabinet gave ascent to the Model Tenancy Act (MTA) for circulation to the states and union territories for adoption. The main aim of this act will be to open up vacant housing stock for rental housing purposes and to establish a policy to heal the trust deficit between landlords […]
KEY LEGAL ISSUES AFFECTING BRANDS
Branding is a process of creating a strong, positive perception of your company, and its products in your customer’s mind by combining elements such as logo, design or consistent theme throughout all marketing communications. Today, a ‘brand’ has become the most valuable strategic asset of a company. According to latest report in 2021 by Brand […]
Does ODR Herald a New Age of Dispute Resolution in India?
The functioning of Courts in India has been severely affected by the Covid-19 pandemic. Increasingly, courts are only taking up urgent matters for hearing and encouraging e-filings and video conferencing. This has added to the high backlog of cases and compounded the troubles of the already strained legal system. In India several problems plague the […]
HOW IMPORTANT IS IT TO REGISTER TRADEMARKS INTERNATIONALLY?
Haldiram is the latest addition to the ever-growing list of victims of international trademark infringement. They have filed a suit in the US district court alleging that Aahar Food Distributors LLC has imported, distributed and sold counterfeit Haldiram products in the United States. Had Haldiram not protected their mark outside of the origin country (India) […]
Anti-Counterfeiting for Pharmaceuticals in the Pandemic Times
Counterfeiting becoming a common practice in developed countries The act of counterfeiting is to fraudulently imitate something genuine or bona fide with the intent to pass it off as the original during the sale. This has now become a common practice not only in third world countries but also in the developed nations that understand […]
‘Keeping Up With The (Trade) Secrets’
While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-obvious, and patent-eligible. It also requires disclosure of the invention itself in the patent application. And while patents last for twenty years, they do not last forever. By contrast, trade secrecy provides another avenue to protecting […]
Information Technology (The Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Is it the way forward?
There have been a slew of cases filed in different High Courts across India, challenging the recently notified Information Technology (The Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”), on grounds of being ultra vires of the parent Act i.e. Information Technology Act, 2000 (“IT Act, 2000”) and for imposing “arbitrary, […]
Dispute Resolution – Critical Role of Solution – Oriented Approach
The construction industry is the second largest industry of the country after agriculture. It makes a significant contribution to the national economy and provides employment to large number of people. In its path of advancement, the industry has to overcome a number of challenges. The conflicts and disputes are mainly due to uncertain environment and […]
Landlord – Tenant Disputes: Arbitrable?
In the recent times, there has been tremendous debate regarding the arbitrability of disputes. Interminable, time consuming, complex, and expensive court procedures impelled jurists to search for an alternate forum, less formal, more effective, and speedy for resolution of disputes. This led to the development of Arbitration in India. Arbitration is a process where parties […]
