Commercial Courts in Uttar Pradesh: FAQ

Where are the Courts established and what are their territorial Jurisdictions? In Uttar Pradesh, as per GO dated 31.10.2017 and GO dated 02.11.2017 Commercial Courts have been notified/ established in 13 districts with territorial jurisdictions as hereinunder: S.N. Districts Territorial Jurisdiction over districts  1 Agra Agra, Mathura, Mainpuri, Firozabad 2  Aligarh Aligarh, Hathras Etah, Kasganj … Read more

Precautions to be followed in IT Outsourcing Agreements.

With the changing economic climate, businesses are outsourcing their non-core functions with a view to increase their efficiencies and cut down costs. Such outsourcing arrangements are very common in the information technology (IT) sector, where companies are outsourcing back-end processes, data processing, systems development and maintenance, etc. to an outside vendor. The terms and conditions … Read more

Judgments on Offences by Companies under the Companies Act, 2013

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S. NO COURT CASE NAME & CITATION RATIO 1. Supreme Court of India SFIO v. Rahul Modi CRIMINAL APPEAL NOS. 538-539 .OF 2019 (@ SLP(Crl)Nos.94-95 OF 2019) Order dated 27.03.2019   Facts: Criminal Appeals challenging common interim order dated 20.12.2018 passed by the Delhi High Court in W.P.(Crl.) Nos.3842 and 3843 of 2018.   In … Read more

FAQ’s on The Insolvency and Bankruptcy Code, 2016

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FAQ’s on The Insolvency and Bankruptcy Code, 2016 (IBC):  Q.1.  What is the objective of IBC, 2016? Ans.   As provided under the preamble of the Code, the objective of the Code are as under:  To consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner … Read more

Brief Law of Disclaimer

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LAW OF DISCLAIMER What is a disclaimer? Disclaimer refers to a statement, assertion or a document that disclaims or denies responsibility, affiliation, towards a legal claim. In simple words, disclaimer can be said to be a statement that one is not responsible for something. It protects one from the claims of liability. Disclaimers basically help … Read more

Insolvency & Bankruptcy Code, 2016; Landmark Judgments of 2019

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Insolvency & Bankruptcy Code, 2016- Landmark Judgments of 2019 Swiss Ribbons Pvt. Ltd & Anr. V. Union of India & Ors. (W.P. No.99 of 2018) Decided on 25.01.2019 The Supreme Court of India in this case has upheld the constitutionality of the Insolvency and Bankruptcy Code, 2016 (“IBC”). This judgment has brought the focus back … Read more

Procedure to Register a Trademark in India

Trademark importance for a brand

Procedure to Register a Trademark Trademark is the symbol to represent the company or brand through Name, Word, Numbers, Images or Sound etc. It is a recognizable insignia to differentiate it legally from all other products of its kind. A trademark, however, must not be confusing with any existing trademark specially if the products or … Read more

Jurisdiction of Indian Courts in entertaining civil cases having foreign element(s)

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The Jurisdiction of the civil courts in India is determined through the provisions of Code of Civil Procedure 1908. When it comes to suits or cases, issues pertaining to foreign elements arise comparatively in few cases, namely whether and when foreigners and foreign corporations can sue, or be sued in an Indian Court, and who … Read more

Trade Union is an operational creditor and can file insolvency application for payment of workmen dues.

The Hon’ble Supreme court made it clear that the trade union represents its members who are workers, to whom dues may be owed by the employer, which are certainly debts owed for services rendered by each individual workman, who are collectively represented by the trade union. As such, a joint petition could be filed under Rule 6 read with Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, with authority from several workmen to one of them to file such petition on behalf of all.