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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
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by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
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Intellectual Property: Registration and Effects
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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
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Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
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Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
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Compensation in Motor Vehicle Accident Cases
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Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
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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
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K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
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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
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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
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Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
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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
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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
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Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
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Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
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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
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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
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NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
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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
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Division of Assets
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Personal Injury - Damages
Adultery under the Indian Law
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Intentional Wrongs
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Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
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Garden Leave
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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
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Title Verification of Immovable Property
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Drafting of a Will
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Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
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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
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Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
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EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
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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
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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
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Fraudulent and unauthorized transactions at ATM
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Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
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Validity of Notices.
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Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
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Demerger
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Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
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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
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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
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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
By: Adv. Kishan Dutt Kalaskar
Date:01 November 2021
Recovery
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Views:1036
Likes:0Micro, small and medium enterprises have always been one of the main growth engines of the Indian Economy. In recognition of their contributions, the Indian Government has formulated various incentive plans to strengthen and improve the competitiveness of the MSME sector. The Government promulgated the “Micro, Small and Medium Enterprises Act 2006.” This law gives MSME many exclusive rights so that it can further strengthen its economic activities.
Challenges Faced by MSME in the event of delayed payment
MSMEs around the world face limitations in maintaining combat readiness. Due to the lack of MSME capital, payment delays are a serious problem. A World Bank Group report released in January 2014 stated that 35 per cent or one in three MSMEs receive their payment only after 90 days or even more. While larger corporations are able to alleviate the adverse effects of delayed payment but managing the cash flows is a struggle for MSMEs because of the nature of their businesses. Furthermore, the consequence of delayed payments is that 15-20 per cent of an MSME’s cash flow remains locked up, which in turn affects the smooth running of the business. Here, manufacturers face the greatest difficulty in coping up since they need to invest in raw materials, manufacture goods, and then sell them to customers. Manufacturers, who have already invested substantially in buying the raw materials for production, eventually end up with a huge cash crunch because of the 90-day cycle for cash receivables and successive delays by their customers. They are even hampered by weak bargaining power as they are stuck between the corporate buyers and a highly networked raw material supplier base. Late payments have caused many MSMEs to become NPAs.
SAMADAN Portal-Payment Monitoring System
On October 30, 2017, the Ministry of Small and Medium Enterprises launched electronic means to enable micro and small suppliers to submit online quotations of their goods and services to the potential buyers. But to be eligible to submit MSMED Samadhaan, MSME must be registered in the national Udyog Aadhaar portal. According to Article 16 of the “MSMED Act 2006”, if the buyer fails to make the payment to the seller, he shall be liable to pay the compound interest every month on that specific amount from the appointed date or as the case may be, three times the bank rate notified by the Reserve Bank. The Samadhaan portal provides information about the pending payments of micro and small businesses within its jurisdiction to the central public sector/central government, state government, etc., and further provides the necessary instructions to resolve these issues.
Section 20 of the MSMED Act describes the Micro and Small Business Promotion Committee (MSEFC). This section states that the state government will establish the required number of MSEFCs through notification to make MSEFC the competent authority. The implementation specified in Section 21 describes the structure of the MSEFC. Here, MSEFC shall consist of three to five members appointed by multiple categories, namely, industry directors or other officials not below the rank of designated directors, one or more officials, or representatives of MSMEs, one or more representatives of the banks and financial institutions that grant MSME loans, or one or more persons with professional knowledge in the field of finance, law, industry, trade or business conditions, MSEFC will provide instructions to the purchaser of the payment Period amount and interest. Section 18(5) of this Act requires the Council to adjudicate each reference within 90 days from the date of each reference.
Section 19 provides an opportunity to file an appeal and states that the appellant (not the supplier) can file the appeal after depositing 75% of the award amount. If the appellant fails to pay the amount specified above, the decision or order of the Chamber or the Alternative Dispute Resolution Center will not be considered.
Steps involved in filing online application
STEP 1:
Micro and small businesses require to go to the web MSMED Samadhaan portal https://tinyurl.com/j8nj799f and click on “Case submitting for Entrepreneur / MSE units”. It redirects to the “Entrepreneur validation” web page.
STEP 2:
Once the Entrepreneur validation web page appears, the Udyog Aadhaar Number and the wide cellular variety registered on Udyog Aadhaar should be stuffed.
STEP 3:
After filling in the details mentioned above, the application for payment recovery has to be filed with the MSEFC. Here, the application has to be referred to the Council according to its jurisdiction. Important information such as the PAN or GSTIN number of the petitioner, the buyers’ information against whom the grievance is to be filled are necessities that would require strict adherence. Further, work orders and invoice details associated with the customer are required to be uploaded. A maximum of five work orders and five invoices per buyer can be uploaded. The next step would be entering the verification code as displayed on the screen and then validating the Udyog Aadhaar by clicking on the button to receive the OTP on the email registered during the Udyog Aadhaar registration.
STEP 4:
In the very last step, the application is submitted post last review.
According to Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, as soon as the reference is received, a possibility for mutual agreement is granted through conciliation. The Council can either conduct conciliation itself or seek the help of any organization or centre dealing with trade dispute decision offerings. The provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 are applicable to such disputes.
On failure or termination of the conciliation with no settlement between the parties, the Council shall either itself take up the dispute for arbitration or refer to it any institution or centre that provides alternate dispute resolution services for such arbitration and then the provisions of the Arbitration and Conciliation Act, 1996 shall be applied to the dispute as if the arbitration was in pursuance of an arbitration agreement. MSEFC passes a very last and binding award. That award shall be communicated to the Interim Resolution Professional and Hon’ble National Company Law Tribunal (NCLT) in the course of the insolvency procedure. The execution of such an award is under the Arbitration and Conciliation Act, 1996.
If the customer stays unresponsive, then it will be deemed as an affirmation of its liability, and the customer’s offences will be attempted through the Metropolitan Magistrate or Magistrate of First Class or courts of better hierarchy.
Conclusion
MSMED Samadhaan portal is a powerful device to understand the outstanding dues since the aim of this portal is to empower micro and small entrepreneurs. Further, the portal promotes the tracking of delayed payments in an efficient aspect. Statistically, because of the commencement of e-medium in 2017, the number of cases filed in the MSEFC has been around 13190, out of which 3149 were disposed of, granting an amount of Rs. 598.90 Crore.
The information on the portal is made available to the public, consequently exerting ethical obligation on the part of the defaulters to make sure the payment is made within a reasonable time. Thus, it can be said that this portal promotes the viability of micro and small businesses.
With recent developments in the MSME Act and the Insolvency and Bankruptcy Code that was introduced by the Government of India during the COVID 19 outbreak, the window to MSME’s future has been created towards the protection of the Economy of the country.
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