The recent conflicting decisions of various benches of the NCLT in India have created ambiguity and confusion as to whether sole proprietorships are covered under Section 3 (23) of the IBC as “persons”, a derivative which determines if they can...
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Online Courier services as well as E-commerce shipping aggregators have over the years become favorites amongst the consumers and sellers. These are some of the few businesses that have benefitted from the ongoing pandemic due to their ease of use...
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The Insolvency and Bankruptcy Code, 2016 has been revolutionary for consolidating and bringing forth a single law that governs insolvency and bankruptcy matters. It is segmented differently for the two categories, namely corporates, and individuals and firms. As regards filing...
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The concept of a One Person Company (OPC) is such whose inclusion in the Companies Act, 2013, revolutionized the Corporate field. Section 2(62) of the Act describes it as a company that has only one person as its member. One...
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At times money extended to a company or an individual becomes irrecoverable. And various provisions in the law provide for the recovery of such debts. Some of these important provisions that come to the rescue of creditors are listed below: Recovery...
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Sole proprietorship is a specimen of a business being owned by a single person who carries an unlimited liability. Its foundation lies in the fact that there is no legal divide between the sole proprietorship and the proprietor. This implies...
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The views are conflicting on this subject matter by the varied NCLT benches that whether a proprietorship under section 9 of the Insolvency & Bankruptcy Code (IBC) of 2016 can initiate insolvency and bankruptcy. It is a well-settled law that...
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While rights holders face various issues with regards to securing and protecting the unregistered trademarks, but with no immediate or generous deals in India, the courts have begun to adopt an increasingly liberal strategy. Rights holders face various difficulties with regards...
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Whenever the process for the registration of trademark is in process, there can be two situations in which the refusal can be raised against your trademark registration. One of the situation is the Trademark opposition and another situation is the...
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In the world of startup investing and the private investments, the role of due diligence has become very significant. If any investor wants to involve in a successful investing, then he is required to comprehensively evaluate the sustainability of the...
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