Appeal against the tax administrative document
Any person who faces a tax decision issued by an authority within the National Agency for Fiscal Administration (ANAF) has the right to challenge it, as provided in the tax legislation. Pavel, Margarit and Associates recommends a lawyer specialized in tax law and tax dispute and litigation may proceed to take all steps to file …
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Presence of an arbitration clause does not oust the jurisdiction under Article 226::Supreme Court reiterates
In the matter titled Rapid MetroRail Gurgaon Limited v. Haryana Mass Rapid Transport Corporation Limited and Ors[1] (“Instant Matter”), the Hon’ble Supreme Court bench comprising of Justice D.Y. Chandrachud, Justice Sanjiv Khanna, and Justice M.R. Shah delved into the controversy as to whether public law remedy under Article 226 of Constitution of India can be …
Panama: Changes to the requirements for the Temporary Residence Permit and the Permanent Residence Permit as Forest Investor
The Ministry of Security modifies the requirements for the Temporary Residence Permit and the Permanent Residence Permit as Forest Investor.
THE CONTEMPORARY ISSUE OF THE NON–CONVENTIONAL TRADEMARKS
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. A Trademark has been defined in Trade Marks Act, 1999, under section 2(1)(zb) as any mark which is distinctive and is capable of distinguishing goods and services of one undertaking from another, and capable of being represented graphically. It denotes the representation of …
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MULTIPLE REFERENCES IN ONE CONTRACT
As Arbitration is gaining popularity as preferred mode of alternative dispute resolution mechanism, it has been observed that in commercial contracts, parties refer their disputes to arbitration at different stages of such contracts, by way of separate references. The nature of contracts is such where parties are not required to wait for completion of contractual …
INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2020: A STEP FORWARD
INTRODUCTION: The Insolvency and Bankruptcy Code, 2016 (‘Code’) was enacted by the Parliament with the aim to provide and revamp the framework for insolvency resolution in India in a time bound manner and for the promotion of entrepreneurship, credit availability and balancing of different interests of each and every stakeholder of a Company.
DESIGNS AND SECRECY DIRECTIONS
The relevant Indian Laws, not only enforces certain secrecy directions on innovations for the grant of patents, but also for registration of designs applied on the article/product. In the present article the relevant provisions of The Designs Act, 2000, (“Act”) are discussed in this regard.
Public Procurement in India Risks and challenges inherent in supplying to the government
Introduction The increasing volume of public procurement opportunities in India, coupled with the scale and magnitude of government projects, holds tremendous economic potential for both local and overseas companies. The recent uptick in procurement opportunity in India can be attributed to a variety of measures and initiatives. For one, foreign investors are today being granted …
Crisis of covid vaccines and role of Patents
India is under the second wave of covid-19 facing a major public health crisis. There is a rush among people from all walks of life to get vaccinated as the Government has opened the vaccination for 18-44 years (until now, vaccination was only being provided to 45 and older). This immediately brought into focus India’s …
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POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 2
Introduction: In Part 1 of this article, the author carved out the distinction between privacy rights, publicity rights and the right to reputation and established that the right to personality/publicity flows from the right to privacy. While the Supreme Court of India in the Puttaswamy case[1] has clarified that privacy rights do not survive the …
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