Companies Act, 2013
In these presentation slides, find out all the key provisions of new Companies Act, 2013 affecting directors and Key Managerial Personnel (KMP).
Internal Framework of CCI: How Director General and CCI Functions
Under Section 2(g) of the Competition Act, 2002, “Director General” means the Director General appointed under subsection (1) of section 16 and this may include any Additional, Joint, Deputy or Assistant Directors General appointed under that section. Under section 16(1) Central Government can appoint a Director General for the purposes of assisting the Competition Commission…
Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd. & Ors.
CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…
METATAGS & HYPERLINKS: THE INVISIBLE TRADEMARK INFRINGERS
All you need to know about meta tagging and how it can lead to infringement of trademark. The article discusses all the leading case laws in India and United States and explains when use of meta tags can be protected as ‘fair use’.
Mattel, Inc. and Others v Jayant Agarwalla and Others
Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.
Debtor’s Unwillingness to Pay Debts without Proof of his Inability to Pay
Debtor’s Unwillingness to Pay Debts without Proof of his Inability to Pay. We answer in this post- (a) Can Proceedings Commence in such a situation? and (b) Would a cessation of payment by the debtor need to be proved?
Case List: ENFORCEABILITY OF FOREIGN JUDGMENTS IN INDIA
A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”)[1] (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree.[2] In both…
BID-RIGGING OR COLLUSIVE BIDDING UNDER THE COMPETITION ACT
In this post find out what bid-rigging or collusive bidding is all about and what all factors Competition Commission weigh before deciding a case of bid-rigging or collusive bidding.
Rules for Interpretation of Contracts: Importance of ‘Deleted Words’
Find out if the words you delete from a contract has any interpretative value before the Court when such terms are is dispute.
Mcleod Russel India Limited vs. Reg. Provident Fund Commissioner
Find out what liabilities you can still incur as an acquirer of a company in respect of payment of provident fund dues even though the agreement explicitly excludes any liability on part of the transferee company. The judgment highlights the importance of due diligence regarding employment related liabilities prior to acquisition of one company by another.
Mr.Ramanbhai Mathurbhai Patel vs. State of Maharashtra & Anr.
Well, you read the Dashrath Rupsingh Case of Supreme Court on territorial jurisdiction in cheque bouncing case . Now read the summary of this Bombay High Court’s judgment delivered on August 25, 2014 which held that all the cases of cheque bouncing, where the cheque was payable at all branches of the bank, can be filed in the court within whose local jurisdiction the nearest available branch of Drawer’s bank was situated.
Dishonour of Cheque/ Cheque Bouncing: Section 138 of Negotiable Instruments Act
UPDATED: Mr. Ramanbhai Mathurbhai Patel vs. State of Maharashtra & Anr., Cr. Writ Petition No. 2362/2014 (Bombay High Court, August 25, 2014) which discusses the landmark Dashrath Singh judgment delivered by Supreme Court on August 1, 2014.