maheshwariandco

 The Hon’ble Supreme Court of India, in the case of  M/S Harcharan Dass Gupta v Union of India  delivered a significant ruling affirming the precedence of the  Micro, Small and Medium Enterprises Development Act 2006   (MSMED Act)  over  Arbitration and Conciliation Act 1996   (A&C Act)  in disputes involving Micro, Small, and Medium Enterprises  (MSMEs) . This judgment clarifies the legal framework governing the dispute resolution process for  (MSMEs)  and also highlights the special protections provided by special laws, which would have an overriding effect over general laws.  Factual Background The present case arises from a contractual dispute between the  Indian Space   Research Organisation   (ISRO)  and the appellant, a supplier duly registered under the MSMED Act of 2006. Pursuant to a tender floated by  ISRO  for the construction of staff quarters in New Delhi, the appell...

 Patent owners, counsel, and legal advisory teams need clear insight into how their intellectual property is discussed publicly. Tracking patent mentions across media, academic literature, and legal proceedings serves multiple purposes: Detecting potential infringement or reputation risk triggered by press coverage. Gauging patent value through forward citations in research and scholarly articles. Keeping abreast of court filings, oppositions, and hearings that could affect enforcement strategy. In India, effective monitoring relies on a combination of tools, both subscription-based and open-access, and an understanding of the legal context.  Related:  IP law firm Media Monitoring  When patents are mentioned in mainstream or business media, it’s often a signal of larger commercial, legal, or policy developments. For instance, if a pharmaceutical patent dispute enters public debate, timely awareness allows rights holders to prepare legal...

 In May 2025, the Ministry of Commerce & Industry, Government of India, constituted an eight‑member expert panel to evaluate whether the Copyright Act, 1957 (hereinafter, “the Act”) adequately addresses the unique challenges presented by generative artificial intelligence (GenAI). The impetus was twofold: ongoing litigation—most prominently  Ani Media (P) Ltd. v. Open AI Inc, 2024 SCC OnLine Del 8120 , along with actions by the Federation of Indian Publishers, NDTV, Indian Express, and Hindustan Times alleging unauthorized use of copyrighted material in AI training, and the recognition that a statute enacted in the pre-digital era lacks explicit provisions for attributing authorship or ownership in the context of  AI-generated  works. While the Ministry previously asserted that existing legal frameworks (including Section 52 of Copyright Act,1957 that states about the “fair dealing” exception) are sufficient to govern AI use , particularly insofar as commerc...

 When a shareholder of a company is under investigation by the Serious Fraud Office (SFO), it naturally raises concerns for the business’s operations and reputation—especially when financial institutions are involved. One of the most pressing questions directors and promoters ask is:  “Will our bank accounts be frozen or closed because of the shareholder’s legal troubles?” Understanding the Serious Fraud Office (SFO) India’s  Serious Fraud Investigation Office (SFIO) , operating under the Ministry of Corporate Affairs, investigates complex frauds relating to corporate affairs, including financial irregularities, accounting fraud, and shell company structures. The SFIO typically steps in under Section 212 of the Companies Act, 2013, following orders from the central government. An SFIO investigation may be triggered by red flags in financial statements, complaints from shareholders or regulators, or intelligence shared by enforcement agencies such as...

 Forming a private trust is a strategic and legally secure method of protecting assets, managing wealth, and ensuring succession planning across generations. Whether it’s for preserving family property, caring for a dependent, or safeguarding assets from business risks, private trusts offer a flexible legal framework under Indian law. The law governing private trusts in India is primarily encapsulated in the Indian Trusts Act, 1882, which applies where there is no specific local or religious law overriding it. Private trusts are not charitable in nature and are created for the benefit of one or more specific individuals. Why Form a Private Trust ? Forming a private trust in India serves as an effective legal mechanism for long-term asset protection, succession planning, and financial management.  One of the primary reasons individuals opt to create a private trust is to facilitate smooth estate planning, allowing for a seamless and dispute-free transfer of wea...

  Revoking a trust deed in India  is a legally sensitive process that must align strictly with the provisions of the Indian Trusts Act, 1882. A trust, once created, is generally considered irrevocable unless the trust deed explicitly allows for its revocation or specific statutory grounds are satisfied. Settlors who wish to revoke a trust must ensure that all legal, procedural, and beneficiary rights are duly considered to avoid legal complications. Improper revocation can lead to disputes, beneficiary claims, or regulatory scrutiny—especially in private family trusts, real estate trusts, or charitable arrangements. Legal Grounds and Process for Revoking a Trust Deed in India 1. Revocation by Will (Trusts Created by Will) Under Section 78(a) of the Indian Trusts Act, 1882 , if a trust is created through a will, it remains revocable at any time before the testator’s death. This is because the trust is testamentary in nature and does not take legal effect until the ...