Abhay Nevagi & Associates, Advocates

14/09/2016

The Mental Health Act Bill 2016 was passed in the Rajya Sabha on 8th August 2016 and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987. The Bill is aimed to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto. http://www.legallyindia.com/blogs/salient-features-of-the-mental-health-bill-2016

The Mental Health Act Bill 2016 was passed in the Rajya Sabha on 8th August 2016 and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987. The Bill is aimed to provide for mental healthcare and services for persons with mental illness an...

12/08/2016

12/01/2016

Attention Entrepreneurs!! Legal Essentials for Start-Ups

Event Details: Startups need to start rightly. Startups need to select correct business form to start with.

Takeaways: Understand what type of business you want to form, either it is Private Limited Company, Limited Liability partnership (LLP), One Person Company, Sole Proprietorship, or Partnership.

Speaker: Adv. Dhanesh Rale (Partner - Abhay Nevagi & Associates)

Online Webinar: Join the webinar with Google Hangouts on Air. https://www.youtube.com/watch?v=6hZnmm-H5yY&feature=youtu.be

Join Live: Wed Jan 13 2016 at 02:30 pm to Wed Jan 13 2016 at 03:30 pm s per Indian Standard Time.

12/01/2016

Attention Entrepreneurs!! Legal Essentials for Start-Ups

Event Details: Startups need to start rightly. Startups need to select correct business form to start with.

Takeaways: Understand what type of business you want to form, either it is Private Limited Company, Limited Liability partnership (LLP), One Person Company, Sole Proprietorship, or Partnership.

Speaker: Adv. Dhanesh Rale (Partner - Abhay Nevagi & Associates)

Online Webinar: Join the webinar with Google Hangouts on Air. https://www.youtube.com/watch?v=6hZnmm-H5yY&feature=youtu.be

Join Live: Wed Jan 13 2016 at 02:30 pm to Wed Jan 13 2016 at 03:30 pm s per Indian Standard Time.

1) Startups need to start rightly. Startups need to select correct business form to start with; for example: Private Limited Company, Limited Liability partn...

23/12/2015

For those who missed the Webinar, you can still watch the video in the given link.

https://www.youtube.com/watch?v=kzTuiKRsiTo

The Supreme Court has re-iterated that an unconditional bank guarantee, under normal circumstances is capable of being invoked. However, in case of fraud and...

15/12/2015

Abhay Nevagi & Associates has successfully handled several of the most complex civil & criminal litigation representing clients in every type of forum.

http://anevagi.com/our_services.html

is one of the leading and fastest growing law firms in Western Maharashtra having its headquarters in Pune. With an office in Mumbai that is fast gaining prominence and an established office in Kolhapur as well as Ahmedabad. The Firm has made a formidable progress and has grown with the industry. Th…

07/11/2015

Thane Rural Police offers app. In case of any emergency you can use FIR app. FIR app will send user's Geo-location (using GPS of mobile device) to the Control Room of Mira Bhayander Police on a single click of help button.

You can download the app from google play store for free:
https://play.google.com/store/apps/details?id=com.aakarsoft.followme&hl=en

App info:
Updated: November 4, 2015
Size: 4.3M
Current Version:1.09
Requires Android:4.0 and up

24/06/2014

Other Headlines:
• Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 are amended and as per amendment a company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary (Notification dated 09/June/2014 by Ministry of Corporate Affairs]
• At the time of Incorporation of company while filing form INC-7, PAN is compulsory to only those foreign nationals who are required to possess PAN in terms of provisions of Income Tax Act, 1961. When intending foreign national director is not required to be compulsorily possess PAN, such person requires to give passport number along with undertaking stating mandatory provisions of PAN is not applicable to such person. Format of undertaking is given in Circular of Ministry of Corporate Affairs (MCA General Circular 16/2014 dated 10/June/2014)
• With a view to smoothen the entire process of closure of LO/BO/PO, RBI has delegated the powers relating to transfer of assets of Liaison Office/Branch Office/Project Office to AD Category-I banks subject to compliance with the conditions mentioned Circular (RBI Circular dated 12/June/2014 No. RBI/2013-14/640 A.P. (DIR Series) Circular No. 142)

24/06/2014

P& G and Anchor Health tussle over “ALLROUND” Trademark
Appellants: Procter & Gamble
Manufacturing (Tianjin) Co. Ltd. & ors

Respondents: Anchor Health & Beauty Care Pvt. Ltd Court: Delhi High Court

Date of Pronouncement: 30 May 2014

Citation: FAO(OS) No.241/2014

In the aforestated dispute, a Division Bench of the Hon’ble Delhi High Court addressed 3 issues; whether the Plaintiff’s mark, “ALLROUND” was descriptive, whether it had fallen into disuse and thirdly, whether the Defendant’s use of the mark, “ALL-AROUND PROTECTION” constituted an infringement of the Plaintiff’s mark. In the first issue, the Court held that, as the Defendant themselves had applied for registration for trademark protection of “ALLROUNDER” and “ALL-AROUND PROTECTION”, they cannot claim that the Plaintiff’s mark “ALLROUND” did not deserve trademark protection. As for the second issue; the Plaintiff has not used the registered mark “ALLROUND” and has instead been using the mark “ALLROUND PROTECTION”, the Court here observed that adding a suffix or a prefix to the registered trademark does not imply that the registered mark had fallen into disuse, especially if the distinctive part of the mark remained the registered mark. In the third issue, judging the overall impression made by the marks in the minds of the general public and the overall similarity between the two marks, the Court held that the Defendant’s mark did infringe upon the Plaintiff’s and the same was deceptively similar to the Plaintiff’s mark.

24/06/2014

If accident occurs due to workman’s own imprudent act, compensation may not be awarded
Appellants: Oriental Insurance Company Ltd.

Respondents: Poonam Devi (Smt.) & Ors. Court: Allahabad High Court

Date of Pronouncement: 09 May 2014

Appeal No.: First appeal from order no. 336 of 2006

This appeal was filed by the Appellant insurance company under Section 30(1) of the Workmen’s Compensation Act, 1923 against the decision of the Commissioner, Workmen’s Compensation Act/Assistant Labour Commissioner, UP., Meerut in which a compensation of Rs 4,45,420/- along with interest, was found to be payable to the claimant on behalf of the deceased driver. The deceased, a truck driver, on his way from Ambala to Meerut, allegedly during the course of employment, had stopped to bathe at the Yamuna canal where he drowned and died. The Appellant submitted that there was no causal connection between the employment and the accident and that by bathing in the canal, the deceased had voluntarily exposed himself to peril. The Hon’ble High Court, after considering all facts and evidence adduced, concluded that the driver had in fact exposed himself to an added peril of descending into a free flowing canal. The act of the driver did not arise out of the employment and the danger could have been easily avoided. Therefore, the Court found that the Commissioner was not justified in awarding the compensation.

24/06/2014

The burden of proof is on the one who sets up a plea of existence of employer-employee relationship
Appellants: Nirtubai (Smt.) w/o Jayantilal Mahule, Gondia

Respondents: Head Master, Higher Grade Marathi Girls School, Gondia & Ors. Court: Bombay High Court (Nagpur Bench)

Date of Pronouncement: 20 February 2014

Writ Petition No.: 1575 of 2013

The Petitioner employee, via the instant petition challenges the Award dated 7 December 2011 passed by the Labour Court in Reference (IDA) No. 02 of 2001. The Reference was answered in the negative and therefore, the employee approached the Hon’ble Bombay High Court. The principle question in the petition was whether the burden of proof was on the employee to prove the existence of the employer-employee relationship. The Hon’ble Court, relied on a number of precedent such as Northcote Nursing Home Pvt. Ltd., Bombay & Anr. v. Zarine, H. Rahina (Dr.) (Mrs.) & Anr., and held that it was a settled position of law that, the burden of proof is on the one who sets up a plea of existence of employer-employee relationship.