Unraveling Oppression And Mismanagement Under The Companies Act, 2013

The Companies Act, 2013 (“CA, 2013”) is a keystone legislation which has been enacted with an aim of strengthening the corporate governance and to protect the interest of the stakeholders of a corporate entity. The provisions of Section 241-246 under Chapter XVI of the CA, 2013 are a self-contained code dealing with the subject of oppression and mismanagement. CA, 2013 offers protection and redressal to minority shareholders and members of the company from the oppressive actions and...

Special Valuation Branch- Need Of The Hour Is Completing Investigation In Time Before It Loses Its Importance

A lot has been written about SVB, about its functioning, efficiency in disposal of matters pending before it. The expectation of getting a timely decision from SVB is still a dream for many. The time and energy spent by the stake holders is not resulting in speedy disposal or wiping out the huge pendency with SVB.Special Valuation Branch (SVB) is a branch which specializes in investigation and assessment of transactions between related persons i.e. when Buyer and Seller are related. SVB has...

Can A Sale Deed Be Cancelled By The Sub-Registrar Registering The Same

Sale of an immovable property, as per the Transfer of Property Act, 1882, is transfer of ownership of the property in lieu of the sale consideration. A sale is concluded when a sale deed is executed and registered by the seller in favour of the buyer, thereby creating rights, title and interest in favour of the buyer.Several states across the country have issued circulars vesting powers with the registering authority to cancel the sale deeds where the execution / registration of sale deed has...

Overcoming Obstacles: Securing Intellectual Property Rights For CRI-Based Inventions In India

The term "computer related inventions" refers to ideas that employ computers, computer networks, and other programmable devices. They also include ideas that include one or more aspects that are fully or partially realized through the use of a computer program or programs. The most known CRI-based inventions are Artificial intelligence (AI), blockchain, and IoT (Internet of Things).Artificial intelligence is the use of computers and other devices to simulate human decision-making and...

Unveiling The Strategic Tapestry: The Nexus Between Intellectual Property Rights And Investor Attractiveness

In the intricate realm of modern business dynamics, Intellectual Property Rights (IPR) have emerged as a linchpin, wielding a profound influence on a company's allure to investors. This article delves into the multifaceted impact of strong IPR presence within a company, scrutinizes the types of IPR that most captivate investors, and elucidates a comprehensive array of strategies that companies can deploy to safeguard and augment the value of their intellectual assets.The Significance of Strong...

Supreme Court's Contempt Notice To Patanjali: An Analysis

In a significant legal development, the Supreme Court of India has taken a noteworthy step against Patanjali Ayurveda Ltd., a prominent player in the Indian consumer goods market, for allegedly disseminating misleading advertisements. The issuance of a contempt notice by the apex court highlights the paramount importance of truthfulness and accuracy in advertising, indicating a resolute stance against deceptive marketing practices. The controversy surrounding Patanjali's advertisements has...

Mergers & Acquisitions In India

In the competitive business world today, companies are always looking for ways to minimize costs and increase revenue. In this process, many times companies are amalgamated, merged, demerged, or converted into LLP or partnership firms for economies of scale, to increase in market share and to improve their business, and generally to plan their affairs. On the other hand, acquisitions provide a means of market expansion, diversification, synergy, and technology enhancement among other...

The Constitutional Mandate: High Courts' Role In Interim Relief

The Supreme Court vide its recent judgment titled High Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors; 2024 LiveLaw (SC) 177 (hereinafter referred to as “High Court Bar Association Allahabad”) passed by a five-judge Constitution Bench overruled its decision passed vide judgement titled Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation; (2018) 16 SCC 299 (hereinafter referred to as “Asian Resurfacing”) wherein it was held that interim orders...

Role Of Intellectual Properties In Advancement Of Green Technology

There is no formal meaning or specific explanation for the word "green tech." Rather, it enjoys a multitude of interchangeable concepts. Green technology, for instance, has been used interchangeably with terms like "clean tech," "climate-related technologies," and "environmentally sound technologies." However, green technology often consists of two components. First of all, it encompasses a wide range of technological domains, including technology for the production of renewable energy,...

India Has Introduced Innovative Updates To Its Patent Rules

On March 15, 2024, the Ministry of Commerce and Industry (Department For Promotion of Industry and Internal Trade) notified the Patents (Amendment) Rules, 2024 in the Official Gazette of India, which have already come into effect from the date of publication, i.e., March 15, 2024. The amended rules aim to introduce substantial changes to align with international standards, promote innovations among innovators, and protect their rights. The amendments target key areas of concern in the...

The Paradigm Of Real Estate Insolvencies: Judicial Trends, Roadblocks, And The Way Ahead

The Corporate Insolvency Resolution Process (“CIRP”) of a real estate company is fairly divergent from other sectors. The stressed real estate company may have multiple projects that may be at different stages of construction or geographical locations requiring a more flexible and innovative vision for its effective resolution. The judiciary while recognizing this divergence has not adopted a very pedantic and mechanical application of the Insolvency and Bankruptcy Code, 2016 (“Code”) to the...

The Maintenance And Welfare Of Parents And Senior Citizens Act 2007: A Sword That Needs Sharpening?

A land which is full of stories with ideal child like shrawan and Lord Rama who went beyond all the extent to fulfill their parents'wishes and the culture which teaches “Matru Devo Bhav” and “Pitru Devo Bhav” was pained by the existing scenario regarding the senior citizens in the Country. Therefore, to protect the rights and well beings of senior citizens a particular statue was enacted “The Maintenance and Welfare of Parents and Senior Citizens Act”, it consists of 7 chapters and...