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Copyright registration is not compulsory to sue for infringement – Bombay High Court
By FCS Deepak P Singh[ B.Sc. LLB FCS AIII CRMP]: Dear Friends The Hon’ble Bombay High Court in this case held that Copyright registration is not compulsory to sue for infringement. Let’s discuss Regards Read More ...
The concept of Beneficial Ownership-An Indian tax treaty perspective
By Hon'ble Shri Pramod Kumar, Vice President, ITAT Mumbai : The International Association of Tax Judges (IATJ) held its 12th Assembly on September 9 to 10, 2022 at Budapest, Hungary. A Panel discussion Beneficial Ownership was chaired by Philippe Martin (France) and the Panel consisted of Peter Cools (Netherland), Raphael Gani (Switzerland), Pramod Kumar (India) and Don Sommerfeldt (Canada). Hon'ble Shri Pramod Kumar, Vice President,… Read More ...
Decoding of Supreme Court Judgement on Benami law
By CA. Pankaj Agrwal: The Hon'ble Supreme Court has given its much awaited judgement on whether the amendments made by the Benami Transactions (Prohibition) Amendment Act, 2016, has a prospective effect. The court also made a judicial review of the provision of the Benami Transactions (Prohibitions) Act, 1988, and held its section 3(2) and 5 to be unconstitutional and… Read More ...
J.P. ENGINEERS PVT. LTD v. MURTI UDYOG LTD [NCLAT] Company Appeal (AT) (Insolvency) No. 321 of 2017
By FCS Deepak P. SIngh[ B.Sc., LLB, FCS, AIII, CRMP]: Dear Friends, In this case the Hon'ble NCLAT held that denial of claim and later filing a civil suit against Operational Creditor by Corporate Debtor will be considered as " dispute" and hence petition u/s. 10 of IBC,2016 is not mailtainable. Regards Read More ...
SOME FACTS RELATED TO COMPENSATION UNDER THE MOTOR VEHICLES ACT,1988
By FCS DEEPAK P. SINGH: Dear Friends, With the onset of modernisation and globalisation, the world has started moving towards a more technologically advanced system. All over world many new technologies have been introduced in the filed of transportation. We now days using various means of transport driven by technology. We have modern, sophisticated cars, buses, motor cycles, two wheelers,… Read More ...
CONCEPT OF SOFT AND HARD MARKET IN INSURANCE
By FCS DEEPAK P. SINGH: Dear Friends, As you are aware of that Soft Market generally refer to that market in which there are many sellers or suppliers of goods and services and less buyers. In this market the buyers have more bargaining power and negotiation power. The competition is high and buyers will get standard of products or services.… Read More ...
CASE STUDY 18 – (Insolvency & Bankruptcy Code, 2016)
By FCS DEEPAK P. SINGH: Dear Friends, In this Case Study we are going to discuss an important question decided by the Hon'ble Supreme Court-Where a Trade Union can file a Petition against Corporate Debtors for dues of workers as an Operational Creditors. The Apex Court Held that - a Trade Union will be considered as Operational Creditors for claims… Read More ...
ANALYSIS OF PROVISIONS GOVERNING MISSTATEMENT/ CONCEALMENT/ FRAUD UNDER AN INSURANCE POLICY.
By FCS DEEPAK P. SINGH: Dear Friends, We know that an insurance contract is a legal agreement that spells out the responsibilities of both the insurance company and the insured, as well as the specific conditions of coverage and the policy term and cost. Standard features of an insurance contract include the offer and the acceptance, consideration, legal capacity and… Read More ...
Phoenix ARC Private Limited v Vishwa Bharati Vidya Mandir[ Civil Appeal Nos. 257-259 of 2022]SC
By FCS DEEPAK P. SINGH: Phoenix ARC Private Limited v Vishwa Bharati Vidya Mandir, Dated 12 January 2022, Civil Appeal Nos. 257-259 of 2022. THE SUPREME COURT OF INDIA has clarified that borrowers aggrieved by proceedings initiated by banks or asset reconstruction companies (ARCs) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act 2002 (the… Read More ...
ANALYSIS OF RULE OF MARSHALLING AND CONTRIBUTION
By FCS DEEPAK P. SINGH: Dear Friends, As you are aware that in many cases of mortgage , the mortgagor having more than one property , mortgages same property with two or more mortgagees. If mortgagor sale any property subject to mortgage , then it is his duty to satisfy the debt first from sale proceeds of properties. The Rule/Doctrine… Read More ...