News
Digital fair copies of copyrighted material
20 June 2014
An opinion and a judgement, on either side of the Atlantic Ocean published within a span of five days dealt with exceptions from copyright available to institutions when books – copyrighted or otherwise were digitised and made available to the public.
Reasonable expectations on Non-Violate clause in TRIPS agreement
20 June 2014
The USA has called for ending the moratorium on complaints based on the non-violate clause in the TRIPS agreement.
Tax reforms panel suggests big, rapid changes
20 June 2014
The Tax Administration Reform Commission (TARC) headed by Dr. Parthasarathi Shome has suggested merging of two Boards – Central Board of Excise & Customs (CBEC) and Central Board of Direct Taxes (CBDT).
Filter of extraordinary event in transfer pricing analysis
20 June 2014
Even while being largely factual, transfer pricing cases make an interesting read and bring out new arguments.
E-voting clarified
19 June 2014
Voting through electronic means i.e. e-voting as contained in Section 108 of the Companies Act, 2013 read with Rule 20 of the Companies (Management and Administration) Rules, 2014 is not mandatory till 31st of December, 2014.
Appointment of Independent Directors – Certain issues clarified
17 June 2014
Ministry of Corporate Affairs has clarified that transactions like availing telecom services, courier services, etc.
Committees to be constituted within one year
17 June 2014
Public companies with a paid up capital of Rs. 10 crore or more, or having turnover of Rs. 100 crore or more, or having in aggregate, outstanding loans or borrowings or debentures or deposits exceeding Rs. 50 crore and/or more, and which were not required to constitute Audit Committee or the Nomination and Remuneration Committee under the erstwhile Companies Act, 1956, are now required to constitute same within specified time.
CLB not empowered to order issue of shares
17 June 2014
The Company Law Board (CLB) does not have power under Section 111 of the Companies Act, 1956 to decide on right to shares and decree suits for specific performance as well as order rectification of register.
Method claims - SC rules on inducement & infringement
11 June 2014
The US Supreme Court, on 2-6-2014, held that the petitioner was not liable for inducing patent infringement when it required third parties (customer) to carry out certain steps of the process covered by the method patent of the respondent [Limelight Networks Inc v. Akamai Technologies, No. 12–786].
Reference to arbitration in cases of void or voidable contracts – SC lays down guidelines
06 June 2014
The Supreme Court of India has, on 28th of May, 2014 declined to accept the proposition that whenever a contract is alleged to be void ab-initio, the courts exercising jurisdiction under Section 8 and Section 11 of the Arbitration and Conciliation Act, 1996 are rendered powerless to refer the disputes to arbitration.