According to the Government, the outcome for the recovery action by creditors were not as desired through the Contract Act or through special laws such as the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Misuse of the provision Before the enactment of Companies Act, the investor’s interest was not protected.

A Company under the Companies Act, 1956 / 2013, a Partnership Firm or a Limited Liability Partnership) shall not be more than five years old; Its annual turnover should not have exceeded INR 25 Crore in any preceding financial year; and It is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.

If a trademark application has been filed on an intent-to-use basis without being aware of the fact that the trademark is already in usage in India, an application can later be filed to amend the date of usage and put in the actual date of the use of the mark.

Taking into account various precedents in the realm of right to free speech or fair criticisms in matters of public concern, the various forms one may exercise free speech,  a general worldview of parodies of trademarks as well as defamatory material published online, section 29 (4) of The Trademarks Act, 1999 and the parameters laid down under it to constitute trademark infringement, and finally, the exception of truth as an element to defamation.

This defeated the purpose of the Trademark Act to grant the protection to the business as Trademark was not registered.

The knowledge of the Trademark Act and Trademark Rules is required not only to ensure the protection of the trademark but also for the registration process to go smoothly, overcoming all the possible objections and oppositions that one faces while getting a registration done.

The Ministry of Corporate Affairs has amended the Companies (Incorporation) Amendment Rules 2016 as an amendment to the Companies (Incorporation) Rules 2014.

  For a private company or an unlisted public company, Section 68, 69 and 70 of the Companies Act and Rule 17 of the Companies (Share Capital and Debentures) Rule 2014 are applicable.

Listed companies: Companies that have been de-listed by ROC due to non-compliance of Listing Agreement or any other statutory Laws Companies under section 8 of the Companies Act, 2013 Vanishing companies Companies where inspection or investigation is yet to be taken up or where completed prosecutions are arising out of such inspections or investigation are pending in the court Companies where ROC has issued notice u/s 234 of the Companies Act, 2013 or Section 206 or 207 or it is under section 25 Companies act, 1956 (old law) and the reply are pending or not yet submitted.