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Corporate Restructuring through De-Merger

Categories: Corporate laws, Tax laws
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Published on: January 22, 2014

“Whenever you see a successful business, someone once made a courageous decision”
–Peter F. Drucker

Corporate restructuring is necessary when a company needs to improve its efficiency and profitability and it requires expert corporate management. A corporate restructuring strategy involves the dismantling and rebuilding of areas within an organization that need special attention from the management and CEO. (more…)

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Intellectual Property and Competition Policy

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Published on: December 13, 2013

Intellectual Property Rights (IPR) and Competition Law are both founded with the purpose of achieving economic development, technological advancement and consumer welfare. IPR are legal rights governing the use of such creations. This term covers a bundle of rights, such as patents, trademarks or copyrights, each different in scope and duration with a different purpose and effect. (more…)

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Colourable Legislation

Categories: constitutional law
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Published on: December 5, 2013

Colourable legislation i.e. indirectly doing something which cannot be done directly. What is pivotal is the fact that the legislature (usually this is associated with state legislature) does not possess the power to make law upon a particular aspect but nonetheness indirectly makes one.
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INSIDER TRADING IN INDIAN MARKET

Categories: Capital Markets
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Published on: October 22, 2013

The concept of insider trading is based on the availability of unpublished price sensitive information about a company listed in the stock market. Use of such information by the persons having access to it for trading in the stocks for purpose of making personal gains is called ‘Insider Trading’. Insider trading denotes dealing in a company’s securities on the basis of confidential information relating to the company which is not published or not known to the public used to make profit or loss. It is fairly a breach of fiduciary duties of officers of a company or connected persons towards the shareholders. In other words Insider trading is spilling boardroom secrets. An insider term actually includes both legal and illegal conduct. (more…)

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Gift of life to Street Vendors : Introduction to Street Vendors Bill, 2012

Categories: Social Legislations
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Published on: October 3, 2013

The Constitution of India guarantees a dignified and a protected life to each and every individual who are citizens as well as non – citizens of India. Deprivation of livelihood would not only denude the life of its effective content and meaningfulness but it would make life impossible to live. Therefore, a critical socio-political need was felt in urban India to provide the protection of the livelihood rights and social security of street vendor in a congenial and harassment free atmosphere. (more…)

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VIENNA CONVENTION 1980:ITS RELEVANCE

Categories: International law
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Published on: September 16, 2013

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was developed by the United Nation Convention on International trade law (UNCITRAL), and was signed in Vienna in 1980. The CISG is sometimes referred to as the Vienna Convention (but is not to be confused with other treaties signed in Vienna). CISG (the Vienna Convention) is a treaty that is a uniform international sales law. (more…)

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Laws relating to ‘GIFT’

Categories: Property laws
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Published on: July 30, 2013

“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void. (more…)

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Protection of the Interest of the Investor

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Published on: July 30, 2013

Investors are the backbone of the securities market. They not only determine the level of activity in the securities market but also the level of activity in the economy. The growth in the numbers of investors in India is encouraging. The trends reveal that in addition to FIIs and Institutional Investors, small investors were also gradually beginning to regain the confidence in the capital markets that had been shaken consequent to the stock market scams during the past decade. (more…)

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Res Judicata: Exegesis of Indian Civil Procedural Law

‘Res Judicata is a rule of universal law pervading every well regulated system of jurisprudence and is put upon two grounds, embodied in various maxims of the common law; the one, public policy and necessity, which makes it to the interest of the state that there should be an end to litigation; the other, the hardship to the individual that he should not be vexed twice for the same cause’.[1]

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Non-Registrability of Marks Under Trademarks Act,1999

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Published on: July 3, 2013

A trademark as defined under Sec 2(zb) of the Trademarks Act,1999 means a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include shape of goods, their packaging and combination of colours. (more…)

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