Introduction: The Environment Protection Act, 1986 is a piece of legislation that provides for the protection and maintenance of environment and related matters. India being a participant of 1972 Stockholm declaration has a duty towards the protection as well as the preservation of environment and in order to cater to the needs of a pollution … Continue reading EIA Notification, 2006 and the Projects/Activities that require Prior Environmental Clearance under it
Service First, Limitation Later: Rethinking the Written Statement Deadline in Consumer Proceedings
Defective Service, Limitation and the Right to Defend in Banking and Real-Estate Consumer Disputes 1. The clock started. Or did it? Picture a homebuyer who files a consumer complaint against a developer and the housing finance company that funded the purchase. The complaint runs into hundreds of pages: allotment letters, builder-buyer agreements, loan documents, statements … Continue reading Service First, Limitation Later: Rethinking the Written Statement Deadline in Consumer Proceedings
CCD: THE STARTUP FUND RAISING STRATEGY
ABOUT CCD AND WHY CCD CCD (Compulsory Convertible Debenture) is one of the prime strategies among startups through which they raise funds without immediately diluting the equity rather startups convert this equity into share when they are raising substantial fund from any institution investor or family offices and in some circumstances HNI. Startups prefer CCD … Continue reading CCD: THE STARTUP FUND RAISING STRATEGY
Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Introduction Trademark laws are designed to protect company identities, not to create rigid monopolies that fail to reflect market realities. Registration grants statutory rights, but these rights are subject to consistent and lawful use. The Trade Marks Act of 1999 introduced Section 47 to prevent the Register from becoming cluttered with dormant or speculative marks … Continue reading Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Customs Enforcement of Trademark Rights Explained
Legal and Customs Perspectives on Import and Export Trademark Registration Requirements The Trade Marks Act of 1999 protects a brand's identity and seeks to prevent the distribution of illicit and counterfeit goods by granting exclusive rights to the registered trademark owner. The Customs Act of 1962 regulates the import and export of goods, providing the … Continue reading Customs Enforcement of Trademark Rights Explained
Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
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
