Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
This article respectfully analyses the reasoning given in M/S Silpi Industries v. Kerala State Road Transport Corporation which holds that the benefit of provisions under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the vendor should have registered under the provisions of the Act, as on the date of entering into the contract and supply of material should be beyond the registration. This case involved two appeals which were between different groups of parties that arose for consideration before the apex court of India. The Supreme Court gave a common judgment for the legal issues that were involved in the appeals by clubbing them. The two major issues that were raised before the Supreme Court was:
Court Precedent
1. The Applicability of the Limitation Act, 1963 to the arbitration proceedings initiated/referred by the Council in accordance with MSMED Act, 2006 was the first issue dealt with in this case. The Council, on receipt of a reference under the Act, shall refer parties for conciliation. If the dispute fails to settle through Conciliation, the council would then refer the case to alternative dispute resolution services, i.e., arbitration under Section 18 of the MSMED Act. The apex court agreed with the reliance made by the High Court on the judgment of Andhra Pradesh Power Coordination Committee.
According to Section 15 of the Act, here the vendor renders services or supplies the variety of goods to the buyer, the buyer will have to complete the payment on or before the decided date in the written agreement, or in a situation where there is no agreement, then before the appointed day. Section 16 restricts the date from which the rate of interest will be payable in situations where the payment is delayed or not made. The recovery Mechanism for the due amount is covered under Section 17 and Section 18 of the mentioned Act. In cases where the dispute between the parties in respect of due amount under Section 17, it is necessary to refer to the Micro and Small Enterprises Facilitation Council.
On such reference, the Council is empowered to conduct conciliation within the matter or seek the assistance of any institution or centre providing alternate dispute resolution services by making regard to such institution for conducting conciliation. In case, the conciliation as contemplated under Section 18(3) of the said Act is not successful, it shall be terminated. Thereafter, the Council has the option to either itself take up the dispute for arbitration or it can even refer it to any centre or institution that would provide alternate dispute resolution service and therefore the provisions of Arbitration and Conciliation Act, 1996 are made applicable as if the arbitration was in pursuance of the arbitration agreement between the parties, under Section 7(1) of the 1996 Act. Section 43 of the 1996 Act covers the applicability of Limitation Act, 1963. The apex court, while dealing with the above provisions in the case of Andhra Pradesh Power Coordination Committee & Others. Vs. Lanco Kondapalli Power Ltd. & Others have stated that, under Section 18(3) of the Act of 2006, the Limitation Act, 1963 will apply to the arbitrations. When the settlement concerning a dispute between the parties isn't received under Section 18 of the 2006 Act, necessarily, the Micro and little Enterprises Facilitation Council shall take up the dispute for arbitration under Section 18(3) of the 2006 Act or it's going to ask institution or centre to supply alternate dispute resolution services and provisions of Arbitration and Conciliation Act, 1996 are made applicable as if there was an agreement between the parties under subsection (1) of Section 7 of the 1996 Act. Insight of Section 43 of the Arbitration and Conciliation Act, 1996, the Supreme Court has rightly relied on the judgment within the case of Andhra Pradesh Power Coordination Committee and held that Limitation Act, 1963 is applicable under Section 18(3) of the 2006 Act to the arbitration proceedings. Thus, we are of the view that no further elaboration is important on this issue and that the provisions of the Limitation Act, 1963 will be covered by the provisions of Section 18(3) of the said Act.
The Supreme Court further observed that the High Court correctly placed reliance on the judgment within the case of Andhra Pradesh Power Coordination Committee which addressed the difficulty of the applicability of the Limitation Act to arbitrations under Section 18 of the MSMED Act and answered an equivalent within the affirmative. The Supreme Court further held that a perusal of Section 43 of the Limitation Act reveals that it applies to arbitrations, which the provisions of the 1996 Act apply in the same order the arbitrations are initiated under the MSMED Act, in a way that shows there is an agreement that exists between the parties under Section 7(1) of the 1996 Act. Thus, considering the above observations, the Supreme Court unambiguously held that the provisions of the Limitation Act apply to arbitrations initiated under Section 18 of the MSMED Act.
2. The next issue that arose, in this case, was whether the counter-claim in the Arbitration proceeding will be maintainable under the MSMED Act. Here, the court held that Section 23 that deals with the claim and defence of the 1996 Act will apply. Along with this, Section 23 (2A), which was inserted through the 2016 amendment, will also be applicable. This section gave the Respondent right to plead set-off or submit a counter-claim regarding the claims, till the time the claims and pleas were within the scope of the respective Arbitration Agreement. It was further observed by the apex court that, if it would not allow the buyers to file counter-claims in proceedings then it might lead to conflicting opinions and even multiplicity of proceedings.
MSMED Act was special beneficial legislation, whereas the 1996 Arbitration Act was a general law and the statutory arbitration that is prescribed under MSMED Act, prevails over the 1996 Act. In the first instance, MSMED Act prescribes compulsory conciliation and if those proceedings fail, the designated Council will administer the arbitration. If the award is received by the vendor and then he is challenged to deposit 75% of the award amount. The Court also perceived that the benefits of the alternative dispute resolution mechanism of the MSMED Act should not be deprived on the mere ground that the counter-claim submitted by the buyer is not maintainable.
3. In this case the next question that arose was whether the date of the agreement or the date of supply is relevant for the application of the provisions of the MSMED Act. In any event, no benefit can be sought by an entity for the supplies that may be pursuant to the contract made before the registration under the provisions of the MSMED Act. To interpret the provisions related to Interest charged on Delayed Payments on Small Scale and Ancillary Industrial Undertakings Act, 1993, the court has stated in the case of Shanti Conductors Private Ltd. & Anr. V. Assam State Electricity Board & Others, that the date of supply of goods or rendering of services will be considered as a relevant date on which contract for the supply of goods/services was entered when it comes to the applicability of the above mentioned Act. Even with the applicability of the said ratio, the appellant will not be entitled to seek the benefit of the Act. One cannot assume the legal status of classification under MSMED Act, 2006 to claim any benefit from the day on which both the parties had entered into a contract, by mere recourse to file the memorandum under Section 8(1) of the mentioned Act.
Analysis
The Court Finally held that to pursue the benefit of provisions of MSMED Act, the registration under the provisions of the mentioned Act, should be done by the seller, as on the date of entering into the contract. In case the supplies pursuant to a contract is made before the registration under the provisions of the MSMED Act, no benefit can be pursued by the respective entity. If any registration is somehow obtained, the same will be applied to the supply of goods and rendering of services succeeding the registration but it will not be able to act retrospectively. Any further interpretation of the provision would lead to absurdity and would give unwarranted benefit to the party that was not intended by the legislation. Thus with the above-mentioned observations, the Court held that, under the MSMED Act of 2006, the appellant cannot seek reference to Arbitration.
This judgment satisfies the issues that created a challenge with respect to the interplay of the MSMED Act. The claims will be exiled that reposes faith in the ease of doing business in India curbs the statutory arbitration process in the enforcement of Contracts. The small and medium Enterprises include a major chunk of economic activity and many other entities will finally be able to write off claims from their books. By upholding the nature of the Dispute resolution Mechanism under the MSMED Act, 2006, it will protect the interests of buyers from circumventing the statutory forum's jurisdiction. Thus by permitting them to the buyer to plead set-off or counter-claim the apex court has met the objectives of both the MSMED Act and the 1996 Act since thereon there will be less multiplicity of proceedings, dispute resolution will be speedy, and the rights of the sellers can be protected. However, this judgement can affect the rights of unregistered entities adversely since it lays down mandatory registration, prior to the supply, to avail the benefits under the MSMED Act.
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