Company law compliances adapting to these virtual times!
Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it difficult for companies to adhere to existing compliance measures. Hence, the government has extended deadlines of many of these compliances (tax returns can now be filed till November 30, 2019). Some compliances […]
India is on a path of reform
India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by the Finance Minister was focused on bringing up the MSME/startup sector. There were also positive takeaways for companies in terms of tax concessions and concessions in labour laws. […]
The story of distinction between seat and venue
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assistance in evidence taking and setting aside of the arbitral award. We need to analyse whether the Indian courts have justified their limited role, or whether they have been interventionist. In this newsletter, we cover […]
India- IPR friendly nation
In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defining its standards as per the Global Intellectual Property norms. This has been clearly reflected in some of the latest developments in the laws related to Intellectual Property Rights in India. One […]
2019: The Changing Dimensions of IBC
The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, NCLAT and Supreme Court have passed several landmarks judgements in 2019, further the Central Government have also passed amendments and MCA has issued notification which shall help in streamlining the insolvency […]
IP Law and Growing Technology
India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intellectual property (IP) filings by the World Intellectual Property Rights Organization (WIPO) . Even the Department of Promotion of Industry and Internal Trade (DPIIT) in India launched an app and […]
Recent Judgments in Construction Arbitration
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. The challenges faced during construction disputes include high stakes of the infrastructure project, involvement of multiple parties, calculation of the quantum of damages, review and analysis of a large volume of data at the time of […]
Recent Judgements Affecting the Arbitration Regime
The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few days, the Apex Court overruled the Madras High Court judgment stating that when parties have agreed to ‘venue’ of arbitration no other court will have jurisdiction. With this background, we […]
E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent
M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against various e-commerce platforms, such as Flipkart, Amazon etc. and sellers on the said platforms (defendants) for restraining the defendants from selling their products on these platforms without the consent of the plaintiffs. […]
Evolving Laws to protect Intellectual Property Rights
In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the trade mark ‘Dish TV’ by adopting the name/ mark ‘Free Dish’. The plaintiff contended that the word ‘Dish’ was first appropriated by them in the year 2003 and is a key mark which […]