Biat Legal

The NCLT and NCLAT was constituted by the Ministry of Corporate Affairs on 16the June, 2016 in exercise of powers conferred under section 408 and 410 of Companies Act, 2013. In recent times the Indian government is focusing on ease of business carried out in India. In view of it various legal reforms have also been developed and the constitution of NCLT and NCLAT is the one more step into this direction.  NCLT initially had 11 benches including two benches in the national capital, New Delhi. The Retired Supreme court judge became the first chairperson of NCLAT and Retired High court judge became the first president of NCLT. IMPACT OF THE CONSTITUTION OF NCLT AND NCLAT ON COMPANY LAW LITIGATION The constitution of the NCLT is likely to have an abecedarian impact as far as company law action is concerned. Some of the more important consequences of this development are enumerated below Single Window The most significant benefit likely to arise from the constitution of the NCLT and th...

Merger is the two companies joining to become one company to become a bigger company whereas Acquisition means when one company buys the asset or share of another company. These strategies are being adopted globally to survive in a competitive market.  Amalgamation on the other hand means where both companies cease to exist and form a new entity and exist individually. Why does Merger and Acquisition occur? The company will decide to merge with the other company often when weaknesses and strengths of both the companies strengthen each other. Through M&A financing of both the companies gets better.  Further Merger and acquisition occurs to eliminate competition in the market, to establish a bigger market share, create a strong brand and to reduce tax liabilities and to set off losses of one company against the profit of the other. Types of Merger and Acquisition in India Following are the types of Merger and Acquisition in India- Horizontal Merger- It is a merger between c...

Consumer protection laws provide protection to consumers as per consumer protection Act. The Act was introduced in 1986 and further amended in 2002 and  2019. In this article we look at the protection afforded to consumers through the Act. Objective of Consumer Protection Act The main objective of the consumer protection act is to provide better protection to consumers and to establish a strong mechanism for the settlement of consumer disputes. The consumer protection act seeks right to fllwing things- Protection against hazardous goods being marketed  To protect the consumers against unfair trade practices by keeping consumers aware about the quality, quantity, standard potency, purity and price of goods. To assure  wherever possible access to an authority of goods at competitive prices. To hear and assure that consumer interest will receive due consideration at appropriate forums. To seek redressal against unfair trade practices or unscrupulous exploitation of consumer...

  India: Passing Off and Infringement- The Importance of Dissimilarities The High Court of Delhi lately put forth that if distinctness between contending marks annul the parallels, the same will prima facie negate the liability of confusion – which provides an intriguing aspect of comparing marks when determining passing off and trademark violation. In the case of Britannia Diligence Ltd.vs. ITCLtd. & Ors. (CS (COMM)554/2020 and CS (COMM)553/2020 of 05th April 2021), the court dismissed desires of alleged trademark violation and passing off in favor of ITCLtd., with regard to the following marks   Petition Plaintiff’s Marks Defendant’s Marks CS(COMM) 553/2020 CS(COMM) 554/2020 The complainant (Britannia Diligence) claimed to be using its NUTRI CHOICE Digestive pack layout mark (RegistrationNo. 4396835, in Class 30) since 2014, while the defendant (ITCLtd.) commenced use of its FARMLITE 5- seed Digestive mark for Class 30 goods in September 2020. Professing posterior mala...