Section 152 of the Companies Act, 2013 (the Act) deals with the appointment of Director, which states that every Director shall be appointed by the Company in general meeting, unless expressly provided otherwise. Further, only a natural person can be appointed as Director. Prerequisites for appointment of Director: 1. Proposed Director must obtain Director Identification … Continue reading HOW A DIRECTOR IS APPOINTED UNDER COMPANIES ACT, 2013?
WHETHER INSOLVENCY CAN BE INITIATED AGAINST THE DEVELOPER COMPANY FOR FAILURE TO REFUND THE MAINTENANCE SECURITY FUNDS?
M/S VIPUL GREENS RESIDENTS WELFARE ASSOCIATION v. VIPUL LIMITED (IB)-541(ND)/2019 | 12-07-2021 M/S VIPUL GREENS RESIDENTS WELFARE ASSOCIATION v. VIPUL LIMITED The present petition is filed under Section 7 of the Insolvency & Bankruptcy Code, 2016, (hereinafter referred to as the “Code”), praying for initiation of Corporate Insolvency Resolution Process of the Respondent/Corporate Debtor on … Continue reading WHETHER INSOLVENCY CAN BE INITIATED AGAINST THE DEVELOPER COMPANY FOR FAILURE TO REFUND THE MAINTENANCE SECURITY FUNDS?
WHO IS THE ACTUAL PROPRIETOR OF CORONIL, IF NOT PATANJALI?
ARUDRA ENGINEERS PVT. LTD. V. PATHANJALI AYURVED LTD. Factual Background The plaintiff is the registered proprietor of the marks “CORONIL-92 B” and “CORONIL-213 SPL” under Class 1 for industrial chemicals. The defendant launched the much vaunted CORONIL for curing coronavirus, but in the face of a battery of complaints including from the AYUSH Ministry, restated … Continue reading WHO IS THE ACTUAL PROPRIETOR OF CORONIL, IF NOT PATANJALI?
Does the rise of E-commerce Platforms is threat for Direct Selling ?
Amway India Enterprises Pvt. Ltd. vs 1Mg Technologies Pvt. Ltd. & Anr. on 8 July, 2019 Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven … Continue reading Does the rise of E-commerce Platforms is threat for Direct Selling ?
Friction of Headphones; Infringement dispute of “Boat” vs “Boult”
Imagine Marketing Pvt Ltd v. Exotic Mile (CS (COMM): 519 OF 2019) In this case, the plaintiff filed a suit for trademark infringement, passing off, and copyright infringement against the defendant in 2019. The Hon’ble Delhi High Court Judge ‘Justice Mukta Gupta’ on 21st January, 2020, granted a decree of an interim injunction in favour of … Continue reading Friction of Headphones; Infringement dispute of “Boat” vs “Boult”
AN ERA OF E-SUMMONS & E-NOTICES
INTRODUCTION: Pandemic has compelled the people across the sectors to adopt for deviations in accordance to the circumstances, accordingly litigation have seen certain changes, such as limitation period have been extended for the filing, service and presentation of documents, evidences, notices, complaints and many others. Nevertheless, the Judges and Advocates have slowly and gradually accommodated … Continue reading AN ERA OF E-SUMMONS & E-NOTICES
LANDMARK CASES ON SECTION-138 NEGOTIABLE INSTRUMENTS ACT 1881 (2020-2021)
LANDMARK CASES ON SECTION-138 NEGOTIABLE INSTRUMENTS ACT 1881 (2020-2021) SECTION 138 OF N.I ACT 1881: Dishonour of cheque for insufficiency, etc., of funds in the account, - Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out … Continue reading LANDMARK CASES ON SECTION-138 NEGOTIABLE INSTRUMENTS ACT 1881 (2020-2021)
BANK GUARANTEE & THE JUDICIAL INJUNCTIONS
INTRODUCTION: Section 126 of Indian Contract Act[1] reads that, a contract of Guarantee is a contract to perform the promise, or discharge the liability of a third person in case of his default. As descriptively stated by Supreme Court of India in STATE TRADING CORPORATION OF INDIA V. JAINSONS CLOTHING CORP. [2] that “The bank … Continue reading BANK GUARANTEE & THE JUDICIAL INJUNCTIONS
ESI (EMPLOYEE STATE INSURANCE) ACT 1948 & SCOPE FOR COVID RELIEF UNDER ACT
HISTORY: - Industrial Labours and Employees were deprived of their basic health-care, sanitation and other essentials, keeping this in mind, ILO (Indian Labour Organisation) requested the Government of India to take necessary steps, The Workmen’s State Insurance Bill, drafted by Dr. Bhim Rao Ambedkar which is a by-product of the Report on “Health Insurance for … Continue reading ESI (EMPLOYEE STATE INSURANCE) ACT 1948 & SCOPE FOR COVID RELIEF UNDER ACT
AI REVOLUTION: A UNICURSAL LABYRINTH
Artificial Intelligence: The Origin Artificial intelligence is particularly machine learning that is the machine’s ability to keep improving its performance without human having to explain exactly how to accomplish the assigned task. There is no doubt that within just few years’ machine learning has become far more efficient,insomuch so that we can now build systems … Continue reading AI REVOLUTION: A UNICURSAL LABYRINTH
DUCTUS EDGE 