Learning Centre
From the Vakilkaro blog
Practical guides on registration, trademark, tax, NGO and compliance — written and reviewed by our legal team.
The Vakilkaro Brief: The Doctrine of Scenes a Faire in Software Copyright Infringement
For the legal counsel of the enterprises, top software architects, and technology founders, code is the ultimate digital real estate. You can build a sophisticated software framework, put effective algorithms into place, and prepare to defend your codebase against competitors' line-by-line copying.
Writ Not Maintainable Against GST SCN and Order When Appeal Remedy Exists: Rajasthan HC
Through this judgment, the Rajasthan High Court has again emphasized one of the fundamental rules of GST litigation: taxpayers should not be able to avoid the statutory appeal process and come straight to writ jurisdiction just because they are not happy with the adjudication order. When it comes to
Which Online Portal Makes Trademark Registration Easy?
Securing a proprietary brand identity is the final step in creating long-term equity for contemporary corporate executives, startup innovators, and intellectual property experts. You create an eye-catching logo, come up with a catchy corporate name, and get ready to create a national statutory monop
New MCA Rules Changing Microfinance Registration in India in 2026?
A person wanting to start a microfinance business has now two ways sidelines working in the mode of Section 8 microfinance company and NBFC-MFI, having different levels of compliance, capital needs, and business opportunities. Getting a grasp of these changes is a pre-requisite for anyone wishing to
Copyright vs. Copyleft: The Future of Creativity and Asset Ownership
Protecting an asset has historically meant erecting a tall wall around it, according to contemporary creators, tech innovators, and IP strategists. Whether you write original media, create original code, or write foundational texts, you rely on established laws to keep rivals at bay.
NCLT Refers Oppression Petition to Arbitration When Company Law Claims Become Contract Disputes
Is it possible for a shareholder to evade an arbitration clause by lodging an oppression and mismanagement petition with NCLT? The Mumbai Bench of the NCLT has looked into this matter recently in a dispute of a film production company that raised allegations of mismanagement, related party transacti
How FPC Registration Is Changing Agri-Business in India?
Indian agriculture is on the brink of a great change. In the past, small and marginal farmers had a hard time because they had little bargaining power, their market access was limited, their inputs were costly, and they were dependent on middlemen. But now, the concept of Farmer Producer Companies (
GST Registration Cancelled for Non-Filing of Returns? Calcutta HC Offers Relief to Taxpayers
Business activities under the indirect tax system are Much supported by GST registration. Cancellation of registration quite naturally leads a taxpayer into a number of operational issues like not being allowed to issue invoices with taxes, collect GST, and the like resulting in business disruptions
NCLT Freezes Share Dilution and Property Transfers in Oppression Case: What Does Section 62 Means for Shareholders?
By rights issue alone, can a company dilute a majority shareholder by almost 100% without even offering him/her the shares? The NCLT Indore Bench recently answered this question when it was approached with a petition for oppression and mismanagement under the Companies Act, 2013.
Patna High Court Quashes TDS Prosecution After Tax and Interest Were Fully Paid
Delay in depositing Tax Deducted at Source (TDS) beyond the stipulated time can make companies and their officers liable for criminal prosecution under the Income-tax Act. But, if the delay is due to financial difficulties of the taxpayer and he pays the entire tax with statutory interest, what will
Trademark Registration in Jaipur: Local Brands and National Legal Protection
Identity is the most valuable resource for Jaipur's forward-thinking businesspeople, traditional craftspeople, and growing D2C firms. Your brand represents enormous equity, whether you are growing a software firm from Sitapura, creating custom jewellery in Johari Bazaar, or producing artisan block p
Do Poems and Books Need Separate Copyright Registration in India?
Protecting written works from digital piracy is a top responsibility for authors, independent publishers, and creative entrepreneurs. You spend months composing a highly personal manuscript, polishing a sequence of verses, and getting your literary work ready for public release. However, while estab
NCLT Admits CIRP Despite Dispute Claims: What Counts as a Genuine Pre-Existing Dispute Under IBC
The corporate debtor cannot dodge insolvency proceedings by merely labeling a debt as "disputed." In a very important judgment, the NCLT Mumbai Bench accepted a Corporate Insolvency Resolution Process (CIRP) petition against Naxnova Technologies Pvt. Ltd. after concluding that the company's allegati
GST Refund Rejected Despite Court Orders? Delhi HC Warns Department of Contempt
The Delhi High Court has sent a, pretty strong message to GST authorities that, court orders can’t just be skipped or bypassed through administrative action, or so it appears. In Triune Project Pvt. Ltd. v. Commissioner of SGST, the Court noted that the department looked to be prima facie in contemp
Can One Private Limited Company Run Multiple Products in India?
Lots of entrepreneurs begin with only one product idea but are forced to adapt and change as their business grows by coming up with a range of products. This usually results in a key question: is it legally possible for one Private Limited Company to operate multiple products or brands in India? The
Supreme Court Upholds Liquidation After Successful Resolution Applicant Defaults on Approved Resolution Plan
With this landmark judgment on the Insolvency and Bankruptcy Code, 2016 (IBC), the apex court has declared that the successful resolution applicant is not allowed to back out from the approved resolution plan by raising objections even after it has been accepted. The court upheld the decision of the
GST Arrest Upheld Despite Challenge to Grounds of Arrest: Rajasthan HC Clarifies Procedural
GST raids on cases of fake invoices and fake ITC claims have been resulting in arrests more and more often under the CGST Act. One of the legal issues most frequently raised in these cases is whether the person arrested was clearly informed about the grounds of arrest. By a landmark judgment, the Ra
Section 8 Company vs Private Limited Company — Key Differences Explained
Deciding on the proper corporate structure is unquestionably a big decision for any business or organization starting up. Although Section 8 Companies and Private Companies are both registered under the Companies Act, 2013; their nature reflects two totally different directions. The Private Limited
The Vakilkaro Brief: NCLAT Holds Related Party Payment Preferential Under Section 43 of IBC
National Company Law Appellate Tribunal (NCLAT) exposes an important point related with preferential transactions under the Insolvency and Bankruptcy Code, 2016. It was held by the Tribunal that payments made by a corporate debtor, who is in a financial distress, to related party creditors during th
The Vakilkaro Brief: GSTAT Clarifies Anti-Profiteering Benefit Must Include GST Component
Goods and Services Tax Appellate Tribunal, New Delhi Bench, has held that where anti-profiteering benefits passed on to the flat buyers, the said benefits shall include the respective GST element as well. The Tribunal used its statutory power of rectification to rectify mistake apparent from the ord
What Happens When Two Businesses File the Same Trademark in India?
Selecting a definitive trademark business name is a crucial asset milestone for aspirational founders and industry leaders. You make financial investments in brand identity, launch marketing initiatives, and create instant customer awareness of your main product. However, when another business tries
The Vakilkaro Brief: Human Privilege or Shared Frontier? The AI Copyright Authorship Crisis
For intellectual property attorneys, technology engineers, and creative directors, the border between human expression and machine automation is entirely melting. Seeking statutory copyright ownership over a fully autonomous AI creation creates an unprecedented legal crisis, even though generative t
The Vakilkaro Brief: Subsidizing Exclusivity; The Hidden Cost of India’s Sports-IP Waiver
A government-backed subsidy sounds like a huge win for sports brand managers, athletic franchise executives, and founders of sports tech startups. Reducing the cost of trademark, patent, and design registration seems like a simple way to boost sports innovation. Beneath the regulatory fervour, thoug
The Vakilkaro Brief: Defragmenting the Work; The Cultural Cost of Hook Injunctions
The foundation of content monetization, according to media executives, music producers, and digital streaming platforms, is intellectual property protection. Many legal teams work under the conventional presumption that copying a song in its entirety or a significant portion of its composition const