Learning / Archives for Maithli Jha
Section 8 companies, as defined by the Companies Act 2013 in India, are non-profit organizations that operate to promote social welfare and public good. Unlike profit-oriented companies, Section 8 companies prioritize utilizing their income and resources for the betterment of society rather than distributing profits to their members. Several key features and benefits are associated […]
The Director of a Co. Can’t be Prosecuted Vicariously for cheque Bounce if Co. is Not Charged as Accused: Supreme Court The case of “Pawan Kumar Goel vs. State of U.P.” in the Supreme Court centres on the matter of adding an accused party pertaining to a complaint lodged under Section 138 of the Negotiable […]
Husband Entitled to TDS Credit on Interest Earned from Amount Gifted to His Wife: The Income Tax Appellate Tribunal ITAT The case originated from a dispute regarding the interpretation of the regulations governing the registration of stock brokers in India. Initially, the Division Bench of the Delhi High Court issued a judgment stating that a […]
Issuance of NCDs to a selected group via private placement couldn’t be termed as deposits u/s 2(2) of TNPID Act: High Court In this case, ITNL issued non-convertible debentures (NCDs) to a specific group of individuals through private placement without soliciting deposits from the general public. The argument presented is that since there was no […]
A patent is a form of exclusive commercial use granted to the patent owner, creating a temporary monopoly and limiting competition. Patents do not automatically grant permission to use or commercialize the invention, as sales approval must be obtained separately. Patents aim to incentivize inventors and secure investment in production, marketing, and research and development. […]
Compliance licensing is obtaining and maintaining the licenses, permits, and certifications required by regulatory authorities in various industries. It plays a crucial role in ensuring legal and regulatory compliance, thereby minimizing the risk of penalties, fines, or business disruptions. Compliance licensing also protects public safety and consumer interests by ensuring organizations adhere to industry-specific regulations, […]
Compliance licensing is critical to operating a business in today’s diverse and highly regulated industries. Regardless of the sector you belong to, understanding and adhering to licensing requirements are essential for maintaining legal compliance and ensuring the smooth operation of your business. Failure to comply with licensing regulations can result in severe consequences that may […]
In India, a Section 8 Company is an organization that clearly focuses on promoting various areas that benefit society. These areas include arts, commerce, education, charity, environment protection, sports, science, research, social welfare, and religion. Section 8 Companies operate as non-profit organizations (NPOs) and are committed to conducting activities solely for the betterment of society. […]
Appeal for restoration of Co.’s name can’t be maintained by a person whose status as its director is disputed: Supreme Court In this instance, the Supreme Court made the determination to decline an appeal aiming to restore the name of a company that had been previously deemed nonoperational. The crucial aspect that led to the […]
Compliance and licensing requirements are crucial for businesses in India to ensure smooth and lawful operations. Compliance involves following government and regulatory laws, while licensing requires obtaining permits for specific business activities. These requirements offer several benefits to Indian businesses. Firstly, compliance and licensing help maintain the organization’s integrity and credibility. By adhering to laws […]
A service level agreement (SLA) is a formal agreement between an organization and an external service provider that sets out the terms and expectations for their working relationship. It serves as a contractual document outlining the specific performance metrics, quality standards, and responsibilities of the organization and the service provider. SLAs can take various forms […]
Service agreements are contractual arrangements between a service provider and a client, typically formulated in a standardized format to ensure their enforceability. These agreements establish a professional relationship between the involved parties and delineate specific rights and obligations for each. Each party assumes individual liabilities, which in turn confer specific rights and benefits upon the […]
The debate surrounding the patentability of medical procedures has been ongoing for years, with ethical and economic concerns being the main drivers of discussions. While patents have been granted to inventors of innovative medical procedures to validate their work and provide incentives, recent years have seen a growing distrust of the practice. Critics argue that […]
Patents have played a significant role in transforming the innovation landscape both nationally and globally. They are intellectual property owned by individuals, companies, or even governments. Despite the importance of IPR, the current IPR culture in India needs to be improved. It requires more interest, knowledge, and practical strategies to encourage and promote scientific and […]