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Reserch article on One Person Company

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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 […]

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Proposed Changes to the Companies Act

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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 […]

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

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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 […]

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cooperative society

Distribution arrangement, whether it creates a permanent establishment?

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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 […]

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

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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 […]

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Dispute Resolution – The Commercial Way

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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 […]

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Effect of Compitition Law on Mergers and Acquisition

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INTRODUCTION  Mergers and acquisitions (or combinations) refer to a situation where the ownership of two or more enterprises is joined together. A merger is said to occur when two or more companies combine to form a new company. In this, two or more companies may merge with an existing company or they may merge to […]

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TORT OF PASSING-OFF

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 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 […]

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A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS

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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 […]

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Pre-emptive rights of shareholders of Private Company

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Pre-emptive rights of shareholders of Private Company: Enforceable to what extent Transferability of shares is the primary feature of the incorporation of a company. Section 3 (iii) and (iv) of Companies Act 1956 deals with the definition of private and public company which determines the freedom and restriction to transfer shares as exercised by the […]

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CONVEYANCING OF SALE DEED AND ITS REQUIREMENTS

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Conveyancing has been practiced as a fine art in England by a class of trained lawyers who have specialized as conveyancers after an intensive study of the law relating to contracts and real property. Though the term conveyancing used by most of the England Lawyers for drafting the documents of their clients but as the […]

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Optimal Balance of Financial Instruments: Long-Term Management, Market Volatility & Proposed Changes

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An optimal mix of financial instrument can be structured to incentivize the management to focus on the long-term management. However there is not a single unique optimal mix available for all firms. It will vary on firm, industrial characteristics and market. The choice of securities issued depends on few broad factors:  (1) The existing mix […]

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Jessica Lal

Jessica Lal : A case of Indian Realism

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To many who study India, it has become a tad trite to describe this complex nation-state as one that is filled with contradictions. Attuned observers know that what India has accomplished during its fifty- plus years of independence is nothing short of astounding. As serious, if not more so of a problem, but one that […]

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Partnership

Minority and Partnership

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A partnership firm is a creation of a contract between persons called “partners” and each partner can represent the other partners and the firm as their agent. There is “mutual agency” between partners in the sense that each partner is both a principal and an agent at the same time. A partner has rights and […]

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REGISTRATION OF A PRODUCER COMPANY

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The Companies (Amendment) Act 2002 vides notification no. S.O. 135 (E) inserted part IX – A of the Companies Act, 1956 ( hereinafter referred to as “the Act” ) and introduced the concept of Producer Company[1]. In the year 2002 an expert committee led by noted economist Y.K Alagh framed legislation for incorporation of a producer […]

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Joint Ventures in India

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A joint venture is a contractual agreement, between two or more parties, for a common commercial purpose. The concerned parties agree to share markets, profits, intellectual property, assets and knowledge for the new business venture. Further, the concerned parties own the shares of the joint venture company in prior agreed proportion. Formations of joint ventures in […]

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NEED FOR AMALGAMATION OF ALTERNATIVE DISPUTE RESOLUTION WITH CIVIL PROCEDURE CODE

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By: V.G.Ranganath During ancient time arbitration, conciliation and mediation were the means of settlement of disputes outside the formal legal system. In Ramayana, Angadha, the son of Vali approached Ravana and delivered the message of Lord Rama to opt the path of peaceful settlement. In Mahabhartha, Lord Sri Krishna endeavoured to mediate between the Pandavas […]

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