News
Implied exclusion of Indian laws under an arbitration agreement
19 三月 2015
The agreement stipulated that the contract is to be governed and construed according to the English law in the arbitration clause. No other clause stating the applicable law was included in the agreement.
Loans and advances by company to employees clarified
19 三月 2015
The Ministry of Corporate Affairs has clarified that loans or advances made by the companies to their employees, other than to the managing or whole time directors (which is governed by Section 185) are not governed by the requirements of Section 186 of the Companies Act, 2013.
Budget 2015 – Penalty provisions relaxed in Excise and Customs
01 三月 2015
Finance Bill 2015 introduced in the Lok Sabha (Lower House of the Indian Parliament) today on 28-2-2015, has proposed certain relaxations in respect of penalty provisions under Central Excise and Customs Laws.
Budget 2015 - Major changes proposed in Direct Tax
01 三月 2015
The Finance Minister presented the Finance Bill, 2015 today. While no major relief has been announced on personal taxation, corporate taxes are proposed to be rationalised in a phased manner to bring down the rate of taxation
Validity of trademark can be questioned in infringement suit
22 一月 2015
Court can go into the question of validity of registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the said registration in an infringement suit.
No wish to infringe
22 一月 2015
The new year witnessed, aptly perhaps, a decision on trademark infringement proceedings which was triggered by exchange of a Christmas card between the general counsels of the opposing parties.
SEZ – Dual use of infrastructure permitted in non-processing area
20 一月 2015
Ministry of Commerce and Industry has allowed dual use of non-processing area in the Special Economic Zones with effect from 2-1-2015.
New Insider Trading Regulations notified
20 一月 2015
Securities and Exchange Board of India has notified new set of regulations, to put in place a framework for prohibition of insider trading in securities.
Status of secured creditor not alters unless charge explicitly extinguished
20 一月 2015
The Supreme Court of India has, on 9-1-2015, held that a charge created under Section 125 of Companies Act, 1956 shall not be extinguished unless the arbitration award does not explicitly say so.
Director’s liability – ‘Alter ego’ and attribution of acts of companies
20 一月 2015
The Supreme Court of India has, on 9-1-2015, held that when the company is the offender, vicarious liability of the Directors cannot be imputed automatically, in the absence of any statutory provision to this effect.