Sathwik Prabhu

Refusal of registration of trade mark without cogent reasons is complete abdication of quasi-judicial functions by the Registrar of Trade Marks: Bombay High Court

A recent decision of the Bombay High Court in the case of I Am The Ocean, LLC vs. Registrar of Trade Marks [Comm. Miscellaneous Petition (L) No.3899 of 2023] has deprecated the failure, on the part of statutory authorities under the Trade Marks Act, to pass reasoned orders whilst deciding applications for registration of trademarks …

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Revenue Bound to Examine Evidence Adduced by Director Proving Lack of Control on Financial Affairs: Analysing Bombay High Court’s Decision in Prakash B. Kamat v. PCIT & Ors.

The Bombay High Court’s recent decision in Prakash B. Kamat v. Principal Commissioner of Income-tax and Others (Writ Petition No. 3129 of 2019), on 12.06.2023, draws attention to the greater judicial care to be exercised by the Revenue whilst also reiterating certain basic principles of vicarious liability under S. 179, IT Act. The relevant portion …

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Case Analysis – Creative LLC v. Elenis

The oral arguments before SCOTUS in 303 Creative LLC v. Elenis (https://www.oyez.org/cases/2022/21-476) (full disclosure – I am in the midst of listening to the arguments and yet to complete) superbly illustrate the role of the law in balancing completing societal claims and interests and, equally, the extraordinary complexity involved in achieving that balance. The Supreme …

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The Plight of Anganwadi ‘Volunteers’: Balancing both Sides

INTRODUCTION The Anganwadi Program is part of the Integrated Child Development Service (‘ICDS’) Scheme launched by the Central Government in 1975. The Program focuses on the holistic development of children in the age group of 0-6 years. The objective of the Scheme is to provide guidance, medical assistance and nutrition to pregnant and lactating mothers, …

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Kolhapur Municipal Corporation v. Vasant Mahadev Patil

Synopsis: The Supreme Court allowed an Appeal by the Kolhapur Municipal Corporation (KMC) challenging Orders of the High Court of Bombay, which directed KMC to complete acquisition of lands reserved under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), and pay compensation to the landowners. Facts: Decision: Allowing the Appeal, the Court laid …

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Companies (Incorporation) Amendment Rules, 2021

The Ministry of Corporate Affairs, Government of India (“MCA”) notified the Companies (Incorporation) Amendment Rules, 2021 (“Amendment Rules”). The Amendment Rules modify Rule 41 of the Companies (Incorporation) Rules 2014 (“Rules”) set up a more restrictive regulatory framework for such conversion. Section 14 of the Companies Act, 2013 permits a company to, by special resolution, …

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