A compromise or arrangement under Sections 230–232 of the Companies Act, 2013 is a statutory mechanism that allows companies to reorganize their business by transferring parts of an undertaking, merging entities, or absorbing assets and liabilities. Courts approve the scheme, and once sanctioned, it becomes binding on all stakeholders. The recent NCLT Chandigarh Bench order … Continue reading Haldiram Case: A Model for Corporate Restructuring
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
Understanding Statement of Use in U.S. Trademark Law
Statement of Use (SOU) in US Trademark Law A Statement of Use or SOU is a formal declaration filed with the United States Patent and Trademark Office (USPTO) to show that you are actually using a trademark in U.S. commerce. It is only required when an application was filed on an intent-to-use basis Section 1(b) … Continue reading Understanding Statement of Use in U.S. Trademark Law
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
Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
In today’s fast-paced business world, nobody wants to wait years for a legal dispute to be resolved. Yet, traditional civil litigation in India can be a long and drawn-out process, especially for commercial disputes that carry significant stakes. Recognizing this challenge, the judiciary and legislature had embraced various reforms designed to speed up the process. … Continue reading Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
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
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
Significance of Minority Shareholder Protection in Corporate Governance
WHO IS A MINORITY SHAREHOLDER? The Companies Act of 2013 doesn’t define who counts as a minority shareholder, but usually means one who owns less than 50 per cent of the company’s voting rights or lack direct or indirect control over its management and decision-making processes. A minority shareholder, as defined in the Merriam Webster … Continue reading Significance of Minority Shareholder Protection in Corporate Governance
The Significance of Trademarks in eGaming: Building and Protecting Brand Identity
Part 2- Trademarks in eGaming As we move further in the series, we come across the most important aspect of building a profitable gaming platform, i.e. trademarks. The very genesis of this IP right was to balance the rights of those who are able to establish their brand entity with the new ones that enter … Continue reading The Significance of Trademarks in eGaming: Building and Protecting Brand Identity
DUCTUS EDGE 