Power of Limited companies to alter its share capital

Introduction Section 61 of Companies Act, 2013, has laid down the power of limited company to alter its share capital. Section 61 came into existence on 1st April 2014 excluding the proviso of sub-section 1 and the proviso was implemented on 1st June 2016. Limited company refers to a company in which the liability of members of that…

Things to be aware in Builder – Buyer Agreement

A builder-buyer agreement is a document which specifies the modalities, conditions and clauses between a builder and a homebuyer. The builder-buyer agreement contains clauses referring to the property in question, delivery information, and terms relating to default and late project delivery, among other things. At one point, delayed real estate projects affected the Indian real…

Is the constant expansion of the definition of “Passing off” for good?

The Principle of Passing off is basically the law against the tort committed by an entity when he unintentionally or deliberately misrepresents or passes off his goods or services as those of another party’s without that party’s consent and this law is used to enforce registered as well as unregistered trademark rights. The principle of…

UNITED STATES VS. CANADA- ALLEGATIONS OF IRREGULAR TRADE REMEDIES MEASURES

Trade remedies are the measures taken in response to import taxes imposed on certain goods in order to prevent dumping or counter export duties (countervailing duties), tariffs lower than the fair market value (anti-dumping), and import overflow (safeguards). The WTO agreements which deal with this issue are the Anti-dumping agreements, the subsidies agreement SCM agreement,…

Article XX(b) of GATT 1994

Scope of the global trade restrictions  Article XX (b) of GATT 1945 states that; “Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement…

What is foreign trade policy 

INTRODUCTION For the past five years, the Foreign Trade Policy has been developed. It investigates, regulates, and enacts regulations governing the export and import of products. The adoption of the Foreign Trade Policy is aligned with the Honourable Prime Minister of India’s goal of ‘Make in India,’ ‘Digital India,’ and ‘Skills India.’ The Indian government…