Introduction In the case of Mayank Jain v. Atulya Discs, the Delhi High Court examined the extent to which a trader can claim exclusivity over the terms that are generic or commonly used in business. The case raised the broader legal question of whether generic terms in the public domain can be monopolized under trademark … Continue reading Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
Understanding the Merger Cooperation Agreement
INTRODUCTION TO MERGER COOPERATION AGREEMENT When companies agree upon the scheme of compromise or arrangement between shareholders and company i.e. merger, in such case to define the road map of complete merger transaction, companies enter into the merger cooperation agreement. It is a pre-closing contract entered into between the companies that have agreed in principle … Continue reading Understanding the Merger Cooperation Agreement
Understanding Voluntary Liquidation in India
INTRODUCTION TO THE VOLUNTARY LIQUIDATION Section 59 of the Insolvency and Bankruptcy code states about the voluntary liquidation of corporate person and the voluntary liquidation is in accordance to the rules of Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. It has been seen that promoters are actively opting for voluntary liquidation … Continue reading Understanding Voluntary Liquidation in India
Amalgamation: Insights from the Insolvency Lens
Companies Act, 2013, do not define “amalgamation” and it has been expressed as the scheme of arrangement and merger in terms of section 230 and 232 of the Companies Act, 2013. However, section 2(1B) of the Income Tax Act defines amalgamation as merger between one or more companies with another company or the merger or … Continue reading Amalgamation: Insights from the Insolvency Lens
Haldiram Case: A Model for Corporate Restructuring
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
POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
UNDERSTANDING THE “UNDERTAKING” As we all know that in the case of Demerger, company transfer’s its undertaking as going concern to the resulting company which can be a new company or existing company. Interestingly, “undertaking” has not been defined under this section but under the explanation to section 180 (1)(a) which says that undertaking means … Continue reading POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
As we have already discussed in our previous article about the basics of demerger so, in this article we will keep the scope limited to the treatment of share capital in the case of demerger. For any demerger transaction between holding and its wholly owned subsidiary it is mandatory to obtain a share valuation report … Continue reading How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
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
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
DUCTUS EDGE 