Cheque Bounce Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable: Applying the mandate of MSR Leathers vs. S. Palaniappan and Another 2013 (1) SCC 177, The Supreme Court in (Sicagen India Ltd vs. Mahindra Vadineni) has held that a cheque bounce complaint filed based on the second statutory notice issued after re-presentation of Read more about Newsletter- JANUARY 2019[…]
Delhi HC directs Kamla Nagar vendors to pay 20 Lakhs for selling Louboutin Knock-offs On 31st July, 2018, Delhi HC held that vendors cannot be permitted to enjoy the benefits of evasion or covert priorities by infringing Louboutin’s trademark. Thus, decreed for a sum of rs 20 lakhs to Louboutin along with 10% of interest Read more about Newsletter- AUGUST 2018[…]
Hyderabad High Court Suspended an Order of the NCLT On July 16, 2018, in Ramky Infrastructure Ltd. vs Todi Minerals Pvt. Ltd., NCLT (Hyderabad Bench) assented for the initiation of Corporate Insolvency Resolution Process (CIRP) as provided by IBC against Corporate Debtor. The only objection raised on this was on the NCLT’s Jurisdiction to entertain the Read more about Newsletter-July 2018[…]
Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 Promulgated On June 6, 2018, President assented for promulgation of Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. Highlights of this Ordinance are: Homebuyers are recognised as Financial Creditors. Permission for withdrawal of Insolvency applications to be granted if it’s approved by 90% vote share of Committee of Creditors. Read more about Newsletter-June 2018[…]
The Delhi High Court, in a 17 November 2018 interim order (subject to the final outcome of the case) in Horlicks and Anr v Heinz India, held that advertisements are protected under article 19(1) (a) of the Constitution as facets of commercial speech and can only be restricted in accordance with the provisions of article Read more about Advertisements protected as freedom of speech[…]
The promulgation of Companies (Amendment) Ordinance, 2018, to promote ease of doing business and corporate compliance received presidential consent on 2 November. The main features of the ordinance are re-categorization and starting a technology driven in-house adjudication mechanism for certain compoundable offences that are subject to penalties, as well as reducing the burden of the Read more about New companies ordinance imposes stiffer penalties[…]
The Specific Relief (Amendment) Act, 2018 (act), which received presidential consent on 1 August 2018, attempts to facilitate rapid economic and infrastructural growth. It removes the discretionary powers of the courts to stay applications for specific performance of contracts. By making enforcement a mandatory rule the act allows companies to enter into contracts with a Read more about Amended act reduces court’s discretionary powers[…]
Corporates in course of business enter into contracts, but often, when matters do not go as planned, they have to contend with a raft of new challenges resulting into a dispute. Aside traditional litigation, arbitration has been increasingly adopted as an effective means of resolving international & commercial disputes which if used in an appropriate Read more about DISPUTE RESOLUTION (ADR)[…]
Following an increase in personal data theft and other digital crimes, a draft Personal Data Protection Bill, 2018, was submitted to the Ministry of Electronics and Information Technology by a committee of experts chaired by retired justice BN Srikrishna on 27 July. The proposed data protection framework was prompted by the case of Justice KS Read more about Draft data protection bill: Key points for companies[…]
Companies with business interests in India need to analyse and evaluate their approach to dealing with mercantile disputes in the wake of amendments by way of an ordinance dated 3 May in the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, now to be known as the Commercial Courts Act, Read more about Ordinance marks overhaul of Commercial Courts Act[…]