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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Corporate Advisory

Companies Act 2013 – New Dimensions

September 24 2013

The Companies Bill 2012, tabled in the Indian Parliament in 2011 was passed by the Lok Sabha on December 18, 2012 and thereafter by the Rajya Sabha on August 8, 2013. The Bill received the assent of the President on August 29, 2013 and was notified in the Official Gazette on August 30, 2013.

Intellectual Property Rights

Working of patents in India

September 17 2013

Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to as the Act.    

Corporate Advisory

Doctrine of attribution in corporate criminal liability

September 17 2013

The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees  while conducting business  has gained  importance in criminal law  jurisprudence  while  being  subject to debate

Goods and Services Tax

Availability of Cenvat Credit on partially paid invoices

September 16 2013

Prior to 2011-12 [see end note 1] service tax was payable on receipt basis in the calendar month or quarter, depending on the class of the assessee, immediately following the calendar month or quarter in which the payments are received towards the value of taxable services.

Regulatory Laws

Industrial/ Institutional Consumers – Complicating the uncomplicated

August 13 2013

The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”.

International Trade & WTO

Anti-dumping and countervailing duties – India and US Practice

July 29 2013

India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.

Intellectual Property Rights

Bar on mathematical methods under Indian Patents Act

July 29 2013

In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.

Regulatory Laws

Land Acquisition Bill, 2011 – A comparative analysis with the Act

July 29 2013

The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;

Direct Tax

Tax planning in letter and spirit

July 25 2013

The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.

Goods and Services Tax

Facilitation of cross-border services - Imprecision in the POPS Rules

July 25 2013

International transactions involving provision of services now revolve around the concept of place of provision of service.

Intellectual Property Rights

Protecting property rights through common law remedies

June 24 2013

Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.

Corporate Advisory

Squeeze out clause – A perspective

June 24 2013

‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.  

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