DR ANUPAM KUMAR MISHRA

  Insolvency Law in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Insolvency and bankruptcy proceedings involve significant financial and legal consequences for companies, creditors and other stakeholders. The Insolvency and Bankruptcy Code, 2016 (IBC) provides a structured framework for resolution of insolvency, subject to its statutory requirements and applicable judicial interpretation. Key aspects of insolvency proceedings 1. Identify the nature of the debt The relationship between the parties and the character of the debt—such as financial or operational debt—can be important in determining the applicable insolvency mechanism. 2. Examine default Documentary evidence concerning the debt, invoices, agreements, payment records, acknowledgements and the occurrence of default may become critical. 3. Understand the statutory process IBC proceedings involve specific requirements concerning applications, notices, admission, mor...

  Arbitration in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Arbitration is an important dispute-resolution mechanism in India, particularly in commercial relationships where parties have agreed to resolve disputes through arbitration. Key points in arbitration 1. Arbitration agreement The existence and scope of an arbitration agreement are fundamental. The relevant contractual clause should be examined carefully before initiating proceedings. 2. Appointment of arbitrator The applicable agreement and law determine how an arbitrator may be appointed and what procedure should be followed. 3. Scope of the dispute Not every disagreement automatically falls within an arbitration clause. The nature of the dispute and the wording of the agreement require careful examination. 4. Evidence and pleadings Contracts, invoices, correspondence, payment records, notices and other documents may become important during arbitral proceedings. ...

  INTELLECTUAL PROPERTY DISPUTES IN INDIA: PROTECTING BRAND, CREATION AND COMMERCIAL VALUE By Advocate Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Intellectual property can represent substantial commercial and creative value. Trademarks, copyrights, patents, designs and other intellectual property rights can become the subject of disputes involving ownership, infringement, licensing, commercial use and unauthorised exploitation. An effective IP strategy begins with understanding what is protected, who owns it, how the right is documented and what conduct is alleged to violate that right . Key aspects of IP disputes 1. Identify the intellectual property The first step is to determine whether the dispute concerns a trademark, copyright, patent, design or another legally protected interest. 2. Establish ownership Assignments, employment arrangements, licences, registration records, contracts and other documents may become important in establishing ownershi...

  CYBER LAW IN INDIA: LEGAL ISSUES IN THE DIGITAL AGE By Advocate Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts As businesses, professionals and individuals increasingly depend on digital systems, disputes involving online fraud, unauthorised access, data misuse, electronic communications, cybercrime, digital transactions and online defamation have become important areas of legal concern. Cyber-law matters often involve both technology and law . Understanding the digital event is only the beginning; the next question is how that event fits within the applicable legal and evidentiary framework. Key aspects of Cyber Law 1. Identify the digital incident The nature of the incident should be established—whether it involves financial fraud, unauthorised access, identity misuse, data theft, impersonation, harassment or another digital offence. 2. Preserve electronic evidence Emails, messages, transaction records, screenshots, URLs, device information and other d...