Random Legal Information

As the focus of a potential importer is to penetrate the market via offline and offline retail channels of growth , I have provided below a brief write up the various models of doing so. If the product categories includes food, socks and shoes, medical devices and medical related products and plans to launch its own brands of food through private labelling through both online and physical platforms , thereby making the sales 3 fold, retail, online and wholesale markets . You must comply with the FDI Policy of 2016. India’s Foreign Direct Investment Policy of 2016 ( FDI Policy ), allows a non-resident entity to invest in India, subject to the FDI Policy and except in those sectors/activities which are prohibited. Further the FDI policy provides for eligible investee entities in which Foreign Direct Investment ( FDI ) is permitted, which are as below: 1.       FDI in Partnership/ Proprietary Concerns; 2.       FDI in trus...

The termination or cessation of a membership can be undertaken pursuant to section 41 of the Companies Act, 1956, whereby the member may be expelled from membership. 1.       Public Limited Company The concept of expulsion of a member of a company by the Board of Directors, pursuant to alteration of articles by special resolution [1] had been attended to by the erstwhile Department of Company Affairs (“ Department ”) vide Circular No. 32/75 [2] (“ Circular ”). The Department opined that [3] “ …….that amendment of articles of association of a company providing for expulsion of a member of the management is opposed to the fundamental principles of the company's jurisprudence and is ultra vires the company. The principles laid down by the Supreme Court in this case [4] , even though pertaining to the refusal of a company to the admission of a person as a member of the company, are applicable even with greater force to a case of expulsion of a...

Keeping at par with the recent budget proposals for the financial year 2016-17 in the infrastructure and investment sector, wherein 100% Foreign Direct Investment (“ FDI ”) is allowed through the Foreign Institutional Promotion Board (“ FIPB ”) in the marketing of food products [1] , provided that such items are sources and processed in India itself, there are considerable talks on affording the same opportunity to Food E-tailers. The intention/ objective of permitting such FDI is to increase the food consumption percentage, thereby giving the much needed boost to the food processing industry and farmers, increasing employment in the sector and strengthening the bond between farmer and folk by fetching better price for the product, as the current profit margins from the sale of food is negligible. Therefore the urgent need to bring about parity between investments for online and offline food retailers. Food E-tailers are an online platform for retailing of food. It is cons...

Department of Agriculture, Cooperation & Farmers Welfare Ministry of Agriculture & Farmers Welfare Government of India (‘ MOA & FW’ ) - Informant And M/s Mahyco Monsanto Biotech (India) Limited (‘ MMBL’ ) - Opposite Party No.1 [1] WITH Nuziveedu Seeds Ltd. (‘ NSL’ ) – Informant 1, Prabhat Agri Biotech Ltd. (‘ PABL’ ) – Informant2 and Pravardhan Seeds Pvt. Ltd. (‘ PSPL’ ) – Informant 3 AND Mahyco Monsanto Biotech (India) Limited ( MMBL ) - Opposite Party No.1, Monsanto Inc, USA ( MIU )- Opposite Party No. 2, Maharashtra Hybrid Seeds Company ( MAHYCO )- Opposite Party No. 3, Monsanto Holdings Private Limited ( MHPL )- Opposite Party No. 4 [2] Monsanto, engaged in the activities of developing and licensing of Genetically Modified (GM) trait of Bt cotton hybrid seeds and sublicensing of Bt cotton technology in India, had made headlines, for abusing its dominant position in the market. The Competition Commission of India (“ CCI ”), on receiving informatio...