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Archive: 03 December 2009

Posts in 03 December 2009

A study on Patent infringement Law in India

December 3, 2009 10384 Views 0 comment Print

A Patent confers the exclusive right on the Patentee to make, distribute or sell the invention in India. This exclusive right is for 20 years. After 20 years, that invention becomes a public Domain. An infringement would be when any of three rights is violated. A Patentee may assign/ license all or some of these rights. The exercise of the rights so transferred in favors of the assignee or the licensee by the assignor or the licensor would not amount to infringement of the Patents.

Corporate governance meaning and Principles

December 3, 2009 7605 Views 0 comment Print

Corporate governance (CG) is one of the most talked about topics in business, indeed in society, today. Google search revealed 513 news citations during a single week in June 2006. Most academics, business professionals, and lay observers would agree that CG is defined as the general set of customs, regulations, habits, and laws that determine to what end a firm should be run. Much more fraught, however, is the question: “what defines good corporate governance?”

Can a CESTAT Member who has not completed probation can be relived from his duty without assigning any reason?

December 3, 2009 3037 Views 0 comment Print

RECENTLY the President of India was pleased to discharge Hon’ble member of the CESTAT Mr. PK Das, just a day before he was to complete his three year probation period. Can a Member of the Tribunal be sent home just like that? The answer, unfortunately is, `YES’.

IRDA seek exemption of Third Party Administrators (TPAs) from Tax Deducted at Source (TDS)

December 3, 2009 3441 Views 0 comment Print

The Insurance Regulatory and Development Authority (IRDA) has asked the Income-Tax Department and the Central Board of Direct Taxes (CBDT) to consider exemption of Third Party Administrators (TPAs) from Tax Deducted at Source (TDS). According to a recent CBDT circular, the TPAs would have to deduct 10 per cent of the amount as tax when making payments to hospitals on behalf of patients.

Satyam Directors say that CBI report on Satyam fraud may not necessarily present financial position and liabilities of the company

December 3, 2009 2883 Views 0 comment Print

Mahindra Satyam on Wednesday said its financials are not necessarily, even as investors were roiled by reports that the accounting fraud in the company could be double the initial estimate of Rs 7,800 crore. “The company wishes to point out to investors that reported allegations regarding the magnitude of investor harm or historical misstatements in the company’s accounting records do not necessarily shed light on the present financial position and liabilities of the company,” Mahindra Satyam said in a statement here.

Post-Satyam Scam Forensic auditing on increase to track fraud

December 3, 2009 7183 Views 0 comment Print

Even as India’s federal investigating agency last week stunningly doubled to US$3.02 billion the amount of money involved in the Satyam Computer Services scam exposed early this year, a tribe of forensic auditors is emerging to upgrade the country’s war against corporate crooks and book-keeping frauds.

CBI accused internal auditor with "willful suppression of auditing irregularities"

December 3, 2009 2541 Views 0 comment Print

India’s notorious Satyam Computer Services scandal has taken a turn for the worse, with the country’s Central Bureau of Investigation (CBI) laying new charges against 10 defendants regarding fake invoices, inflated revenues, unauthorised loans and attempted cover ups. These come in a new 200-page charge sheet with 1,549 additional documents and 301 additional witnesses, filed on November 25, before the city court in Hyderabad.

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