While flying drone in India is not illegal, there are certain regulatory restrictions in India that you must be aware of before you make a hefty investment in buying a drone. Further, you must have a clear understanding of all operational and regulatory issues, to avoid landing into deep trouble, like, your drone being confiscatedContinue reading “Regulations for Using Drone in India”
What is Trademark? A trademark is a source identifier in the form of any indicia (sign, design or expression) that is capable of distinguishing a product/service of a certain company or person from the products of others. It can be in the form of word marks, stylised marks, logos, labels, product packaging / trade dress,Continue reading “Trademark for Photographers”
As photographers, we often tend to think that we are the owner of the photograph and we can post them anywhere. Sometimes, we do not even bother to ask the person for whom we clicked these photographs, or the persons who may be there in the frame. This is where we invite troubles and landContinue reading “‘Authorship’ and ‘Ownership’ of Copyright in a Photograph in India”
When you assign your rights in a photograph for a valuable consideration (fee), that is a complete transfer where you do not retain any rights. On the other hand, when you license somebody to use your photograph, that is merely a permission to use your photograph in certain ways, for a certain period, within certainContinue reading “Difference between assigning and licensing a photograph”
How do I protect my copyright in a photograph? Owning a camera does not mean that you will have copyrights in the photographs produced by it. The ownership of a photograph can be with other individuals as well, if the photograph is taken in the course of employment, under a contract of service, apprenticeship, forContinue reading “Copyright in a Photograph: Protection and Infringement”
Financial strength of a company, though relevant, cannot be the sole factor to determine dominant position of an enterprise. Providing free services cannot by itself raise competition concerns unless the same is offered by a dominant enterprise and is shown to be tainted with an anti-competitive objective of excluding competition/ competitors.
In order to initiate corporate insolvency resolution process against a corporate debtor, an operational creditor must obtain a certificate from the Financial Institution maintaining its account, confirming that that there is no payment of an unpaid operational debt by the Corporate Debtor.
Limitation Act, 1963, applies to the proceedings or appeals before the NCLT and its Appellate Tribunal as Section 433 of the Companies Act has not been amended under eleventh schedule of IBC.
Citation: 2011 LLR 867 Decided on: 24.03.2011 Court: High Court of Madhya Pradesh Facts The Petitioner-company was remitting the provident fund contribution of eligible employees in accordance with the Employees’ Provident Fund Act, 1952 (‘Act’) and the Scheme and it was deducting provident fund contribution on two components of salary, i.e., Basic + VDA (dearnessContinue reading “Surya Roshni Ltd. vs. Employees Provident Fund and Anr.”
Somi Conveyor Beltings Ltd. & Anr. vs. Union of India & Ors. [W.P.(C) 1416/2016] Together with Premier Rubber Mills vs. Union of India & Ors. [W.P.(C) 1969/2016] Decided on: April 11, 2017 Court: High Court of Delhi Facts In this case, Petitioners’ request for inspection of records and supply of certified copies of documents wasContinue reading “Somi Conveyor Beltings Ltd. & Anr. vs. Union of India & Ors.”
Incentive bonus or production bonus and is excluded from the definition of basic wages under Section 2(b) of EPF Act and should not be considered for the purpose of provident fund contribution.
NCLT has jurisdiction over all winding up proceedings, including, inter alia, winding up on the ground of inability to pay debt, where such petition is served to a respondent after 15th December, 2016. For all other winding up petitions served before 15th December, 2016, High Court will continue to have jurisdiction.