A company can sell its assets and liabilities through slump sale. As per section 2(42C) of the Income Tax Act, "slump sale" means the transfer of one or more undertaking, by any means (“by any means” was substituted with “as result of sale” as per the Finance Act, 2021. In my opinion and understanding, it … Continue reading Understanding Slump Sale vs Demerger: Key Tax Differences
How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Any member of a company can approaches to the NCLT if member has a ground that the affairs of the company are being conducted in a manner i.e. is prejudicial to the interest of the Company or oppressive to the interest of any member or his interest. Even if the member has a ground that … Continue reading How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Section 66 of the Companies Act, 2013 speaks about the Capital reduction and capital reduction of the shares can be done only through a special resolution but tribunal approval is required i.e. NCLT for the purpose of Capital Reduction. A company can reduce its capital by cancelling or extinguishing the shares subject to the special … Continue reading Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
DECODING THE TERM SHEET
TERM SHEET A term sheet is the initial document i.e. signed between the investors and startup. Term sheet itself is not legally binding document but many time this document is exchanged with the confidentiality and related agreements. Although Term sheet may not be legally binding but it is like an architect plan which set forth … Continue reading DECODING THE TERM SHEET
Implications of Patent Agent Communication Failures in India
In W.P.(C)-IPD 7/2024-Waterotor Energy Technologies Inc. vs. Union of India and Anr. the Petitioner based in Canada had hired a first agent in Canada to file his patent application in India. First agent in Canada had hired a second agent in India to carry forward the application process in India. Petitioner’s application was considered abandoned … Continue reading Implications of Patent Agent Communication Failures in India
Responsibility of judicial or quasi- judicial authorities such as controller to cite reasons while accepting or refusing an application to grant patent
In Syngenta Crop Protection AG vs. Assistant Controller of Patents 2024, Switzerland based corporation, Syngenta Crop Protection AG had filed the Indian Patent Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice Plants by the Phytopathogenic Microorganism Gibberella Fujikuroi” as a national-phase application under the Patent Cooperation Treaty (‘PCT’) claiming priority date … Continue reading Responsibility of judicial or quasi- judicial authorities such as controller to cite reasons while accepting or refusing an application to grant patent
“Acquisitions in India: Balancing Growth and Fair Competition”
INTRODUCTION Acquisition is a process wherein, a company purchases another company and take control of their assets, operations and market position. An acquisition is not just about taking ownership of another company’s shares, it also involves the gaining control over the target’s resources, intellectual property and customer base. Acquisition can occur between small companies and … Continue reading “Acquisitions in India: Balancing Growth and Fair Competition”
Understanding the Role of a Book Lead Runner in IPOs
WHO IS BOOK LEAD RUNNER? A Book Running Lead Manager, also known as a Book Lead Runner, is one of the most important threads in the Initial Public Offering process. It leads a company into becoming listed on the public list by supporting it in its transformation. The BRLM is essentially the primary coordinator and … Continue reading Understanding the Role of a Book Lead Runner in IPOs
Red Herring Prospectus: Laws and Disclosure Requirements
A red herring prospectus is a preliminary prospectus filed by a company with regulatory bodies like the Securities and Exchange Commission (SEC) or the Securities Exchange Board of India (SEBI), typically in connection with an initial public offering (IPO). It includes most details about the company's operations and prospects but omits critical information such as … Continue reading Red Herring Prospectus: Laws and Disclosure Requirements
“Protecting Virtual Worlds: Navigating Patent in the eGaming Industry”
Part 3- Patent Protection and Contractual Relationships In the last part of this trail, we delve into the third IP right, patents and conclude the series with one of the most important contractual agreements that take place in eGaming industry, contracts between developers and publishers, and their essential elements. Essentially, a patent is a legal … Continue reading “Protecting Virtual Worlds: Navigating Patent in the eGaming Industry”
DUCTUS EDGE 