Reserch article on One Person Company

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One-Person-Company

Background of One Person Company (OPC) The New Companies Act, 2013 was approved by the Parliament in 2013. Some of the provisions of New Company’s Act 2013 came into force on September 20th 2013 while majority of sections came into force from 1st April 2014. The Companies Act, 2013 has introduced some new concepts in… Read more »

Proposed Changes to the Companies Act

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Companies-Act-Amendment

The Companies Act, 2013 (“Companies Act”), while beneficial, has also been perceived as overzealous over regulation in part. With a view to facilitating the ease of doing business in India, addressing stringent compliance requirements, harmonising company law with other regulations, the (“Bill”)was introduced in the Lok Sabha in March 2016 and is currently under review… Read more »

Payment for live coverage of events – whether qualifies as fees for technical services?

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live coverage

Sama Ahmed Foreign service providers engaged in covering live events have been facing issues as to taxability of payments received by them from India. In the past, the Delhi Bench of the Tribunal[1] had with reference to the India-Singapore tax treaty taken a view that services of production of and generation of live television signals… Read more »

Distribution arrangement, whether it creates a permanent establishment?

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cooperative society

A foreign company can arrange to sell its products in another jurisdiction (say in this case “India”), where there is a ready market for its products. Various models are adopted  o sell their products in foreign jurisdictions such as, (1) direct sale which is generally implemented through a marketing and sourcing agent, (2) commissionaire arrangement… Read more »

Power To Amalgamate – “An inherent right of the Company”

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company-amalgamation

Mergers and acquisitions has become an indispensible part of the external corporate restructuring in the wake of modern economic scenario. They have been playing an important role in the growth of a number of leading companies the world over. They have become popular because of the enhanced competition, breaking of trade barriers, free flow of… Read more »

Media & Tort of Defamation

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Freedom of Media One of the paradoxes is that Freedom of the Media to which our Founding Fathers were greatly attached finds no mention in Part III of our Constitution which guarantees certain fundamental rights. There is no specific guarantee of Freedom of the Media as in the Constitutions of other countries. In the course… Read more »

Dispute Resolution – The Commercial Way

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DISPUTE RESOLUTION

Saloni Aggarwal I] INTRODUCTION ‘It bids us remember…to settle a dispute by negotiation and not by force; to prefer arbitration to litigation- for an arbitrator goes by the equity of a case, a judge by the strict law, and arbitration was invented with the express purpose of securing full power for equity.’- Aristotle With globalization… Read more »

TORT OF PASSING-OFF

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law1

 CHAPTER 1 THE CONCEPT OF PASSING OFF Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the brand being projected was the same as a well known brand is a wrong and is known as the tort of “passing… Read more »

A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS

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law

ADITI GHOSH  INTRODUCTION: Judicial methods are the techniques adopted by the judges in deciding cases. Judicial method plays an important role in the development of law, irrespective of the fact whether a community lives in rural simplicity or modern complexity, or whether it follows case laws to decide cases or codified laws. In this paper… Read more »