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  • 13Sep
    2018

    Intellectual Property Bulletin – August 2018

    In two suits, the Court decreed in favour of the plaintiff Koninklijke Philips Electronics N.V. and against the defendant(s) Rajesh Bansal (sole proprietor, Manglam Technology and Bhagirathi Electronics), holding that the defendants infringed the plaintiff’s Indian Patent.   Download the PDF file .

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  • 11Sep
    2018

    India Business Bulletin (August 2018)

    A Committee, which was constituted by Government of India in July 2018 to review the existing framework dealing with offences under the Companies Act, 2013 (“Act”) and related matters and make recommendations to promote better corporate compliance, has submitted its report on 27 August 2018. Download the PDF file .

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  • 11Sep
    2018

    India-Labour & Employment Alert (August 2018)

    On the request of Ministry of Women and Child Welfare and with an aim to ensure safe workplace environment for female employees, MCA recently notified the Companies (Accounts) Amendment Rules, 2018, issued under Section 134 of the Companies Act, 2013. Download the PDF file .

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  • 09Aug
    2018

    India Business Bulletin (July 2018)

    Justice B.N. Srikrishna Committee which was formed in 2017 by the Union Government released a white paper on data protection regime for public comments later that year. As on July 27, 2018 the Committee submitted its report and draft Bill on the proposed data protection regime in India to MeitY. Download the PDF file .

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  • 09Aug
    2018

    India-Labour & Employment Alert (July 2018)

    In order to overhaul India’s social security system, the Government is planning to merge 15 current laws into a ‘labour code’. The draft “Labour Code on Social Security, 2018” provides that laws such as Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees’ State Insurance Act, 1948 will be merged into on single...

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  • 04Jul
    2018

    White Collar Journal (July 2018)

    The Income Tax Department of India has launched the Benami Transactions Informants Reward Scheme, 2018 (“Scheme”) to encourage people to provide information about ‘benami transactions’ which are usually undertaken with the objective of laundering undisclosed funds, commonly known in India as “black money”. Benami transactions are financial transactions where black money is invested in properties...

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  • 03Jul
    2018

    Intellectual Property Bulletin – June 2018

    The WIPO Digital Access Service (DAS) for submission of priority documents has been made operational by the Indian Patent Office. The facility would now allow the applicants of the participating patent offices under the WIPO INDIA Cooperation Agreement to exchange priority and similar documents. The WIPO administered DAS service is an easy, secure, quick and...

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  • 11Jun
    2018

    India Business Bulletin (May 2018)

    MCA has notified the amended Companies (Registration of Office and Fees) Rules as on 07 May 2018, pursuant to which, any delay in filing of annual return and financial statements beyond the stipulated time frame as specified under the Companies Act, 2013, will attract a late filing fee of Rs 100/- per day. Download the...

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  • 08Jun
    2018

    India -Labour & Employment Alert (May 2018)

    Ministry of Labour and Employment has proposed the concept of “community service order” in the Code, to enable the Courts to direct violators to do unpaid work in the community. The Ministry is of the view that directing violators of the Social Security Code to perform community service may act as a deterrent, since monetary...

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  • 14May
    2018

    White Collar Journal (May 2018)

    The Central Government of India has recently approved a proposal to promulgate the Fugitive Economic Offenders Ordinance, 2018, which provides for the confiscation of properties and assets of economic offenders, who are categorized as ‘Fugitives’ under the said ordinance. As per the ordinance, a Fugitive economic offender is one who either leaves or has left...

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  • 10May
    2018

    India Business Bulletin (April 2018)

    The Amendment, which came into effect from 1 April 2018, has constricted the entry barriers for insolvency professionals and has also specified a time limit to identify resolution applicants to 105 days from the insolvency commencement date. According to the amendment, an individual shall be eligible for registration as an insolvency professional if he/she has...

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  • 10May
    2018

    India-Labour & Employment Alert(April 2018)

    The Central Government is considering to reduce the time limit for claiming gratuity to 3 years from the existing 5 years as presently provided under the Payment of Gratuity Act, 1972. Further, the Government is also considering to change in the limit of minimum number of employees in any establishment. The issue is being discussed...

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  • 11Apr
    2018

    India Business Bulletin (March 2018)

    MCA has introduced a favorable change for the public at large to ease the process of name reservation. Through the new web service of “Reserve Unique Name” (RUN), an applicant can now apply for two proposed names with the facility of re-submission, if both the names get rejected by Central Registration Centre. However, re-submission has...

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  • 11Apr
    2018

    India-Labour & Employment Alert(March 2018)

    This Bill was recently passed by Parliament. The Bill removed the existing ceiling of maximum amount of payment of gratuity and permits the Government to fix ceiling as needed. The Bill also empowers the Central Government to notify the maximum period of maternity leave for eligible employees and removes the reference of 12 weeks in...

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  • 13Mar
    2018

    White Collar Journal (March 2018)

    On February 14, 2018, Punjab National Bank (“PNB”) declared to the Securities Exchange Board of India that it has detected certain fraudulent transactions worth more than INR 127 billion (approximately 1.95 billion USD) in a few accounts in one of its branches in Mumbai. The accused primarily include several firms and companies promoted by Mr....

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  • 09Mar
    2018

    India Business Bulletin (February 2018)

    The Companies (Amendments) Act, 2017 which received president’s assent on January 3, 2018 has made several major amendments to the Companies Act of 2013 such as relief for creditors of distressed companies under Section 53, leniency in loans to directors and interested parties, related party transactions, relaxation for independent directors. Download the PDF file .

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  • 07Mar
    2018

    India-Labour & Employment Alert(February 2018)

    It is proposed that Government will roll out fixed term contractual jobs across industry segments to reflect a shift in Government’s policy from job security to job creation. Download the PDF file .

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  • 09Feb
    2018

    India Business Bulletin (January 2018)

    On November 29, 2017 Insolvency and Bankruptcy Code Amendment Ordinance, 2017 received the assent of the President which aimed at making major amendments to Insolvency and Bankruptcy Code (“IBC”). The ordinance ceased to operate at the expiration of six weeks from the reassembly of the both Houses of the Parliament, subsequent to which the Government...

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  • 09Feb
    2018

    India-Labour & Employment Alert(January 2018)

    The Government of J&K is proposing to bring a uniform labor law Bill in-lieu of 260 archaic laws. A committee was formed to look into the matter which has submitted its report. The Bill may be introduced in the budget session of the State legislature. Download the PDF file .

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  • 07Feb
    2018

    White Collar Journal (February 2018)

    The Income Tax Department (IT Department) of India has recently issued notices to thousands of Indian citizens dealing in Bitcoins and other crypto-currencies. The Government had earlier issued warnings against digital currency investments that offer unusually high returns for early investors. The Indian Government does not consider crypto-currencies as legal tender and there are no...

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  • 16Jan
    2018

    India Business Bulletin (December 2017)

    The Ministry of Corporate Affairs (“MCA”) has notified the condonation of delay scheme providing an opportunity that will make it significantly easier for defaulting companies and disqualified directors to have a last chance to make the default good by completing the requisite filings by using this scheme. Download the PDF file .

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  • 12Jan
    2018

    India-Labour & Employment Alert(December 2017)

    The Government of Maharashtra has fixed 19th December 2017 to be the date on which the provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 shall come into force. Download the PDF file .

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  • 16Dec
    2017

    White Collar Journal (December 2017)

    The Institute of Company Secretaries of India (“ICSI”), an institution functioning under of the Ministry of Corporate Affairs, Government of India, has formulated a Corporate Anti-Bribery Code (“Code”). The objective of the Code is to ensure that neither the company nor any of its employees, directors agents, consultants, contractors, agents and supplier of goods and...

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  • 15Dec
    2017

    India Business Bulletin (November 2017)

    Ordinance to amend Insolvency and Bankruptcy Code(“Code”) approved by Union Cabinet. The ordinance which will be presented in the winter session of the Parliament and be tabled for approval within 6 months, aims at making significant amendments to the Code. Download the PDF file .

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  • 14Dec
    2017

    India-Labour & Employment Alert(November 2017)

    Department of Labour, Government of Punjab vide notification dated 27th October 2017 ordered that all applications for registration, renewal or for any other purpose under the Punjab Shops and Establishment Act, 1958 shall be made through the online system in electronic form and that provisional registration certificate and renewal shall also be granted through the...

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  • 20Nov
    2017

    India Business Bulletin (October 2017)

    The Supreme Court has stayed NCDRC’s order on the Safdarjung Hospital case where an infant died due to improper treatment, bringing free medical services provided by government hospitals within the ambit of Consumer Protection Act to make doctors and hospital liable to pay compensation for any kind of negligence. Download the PDF file .

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  • 20Nov
    2017

    India-Labour & Employment Alert(October 2017)

    Employee’s Provident Fund Organization (EPFO) has launched a facility under which EPFO members can link their 12 digit Aadhaar number with their Universal Account Number (UAN) online at its website(www.epfindia.gov.in) to avail better and speedy EPFO services. Download the PDF file .

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  • 04Nov
    2017

    Global Investigation Review- Internal Investigations (India) 2018

    Internal investigations into corporate compliance issues have become commonplace for global companies with a presence in India. Such internal investigations usually follow complaints pertaining to accounting irregularities, improper payments or benefits to customers or government employees, allegations of bribery of public officials in order to conduct or enhance business, employee misconduct or any activity in...

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  • 11Oct
    2017

    India Business Bulletin (September 2017)

    Ministry of Corporate Affairs has notified the Companies (Restriction on number of layers) Rules, 2017 (“Rules”) on September 20, 2017, according to which a company can have only two layers of subsidiaries under the Indian Company law. Download the PDF file .

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  • 07Oct
    2017

    White Collar Journal (October 2017)

    India’s capital market regulator, the Securities and Exchange Board of India (“SEBI”) has cracked down heavily on shell companies whose securities are publically traded in Indian stock exchanges. In August 2017, SEBI issued a notice to three key stock exchanges in India– Mumbai Stock Exchange, National Stock Exchange and Metropolitan Stock Exchange of India (“Exchanges”),...

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  • 06Oct
    2017

    India-Labour & Employment Alert (September 2017)

    Government is planning to allot Unique Identification Number to labourers from both organized and unorganized sector as part of labour reforms. Download the PDF file .

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  • 08Sep
    2017

    India Business Bulletin (August 2017)

    The New Policy provides for the formation of a Committee under the Chairmanship of Secretary, DIPP, with representatives from NITI Aayog, concerned Administrative Ministry and independent technical expert(s) on the subject who would examine the claim of applicants on the issue of the products being in the nature of ‘state-of-art’ and ‘cutting-edge’ technology, where local...

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  • 07Sep
    2017

    India-Labour & Employment Alert (August 2017)

    The Government introduced the Code of Wages Bill 2017 in Lok Sabha to consolidate and amend the laws relating to wages and bonus. The bill seeks to amalgamate four laws — Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965 and Equal Remuneration Act 1976. The bill also seeks to...

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