My Lawyers Advice

The Entrepreneur is hereby advised and put to caution that the “Investment Term Sheet” is a legal contract and the parties to the same are legally bound by its terms and conditions and thus before executing the contract and taking the investment the Entrepreneur should thoroughly review the terms and conditions attached therewith.  The need for funds should not become a pitfall for the #Startup.  Furthermore, the Entrepreneur should also try to get his/her startup registered with the “Startup India” initiative of the Government of India while efforts should be made by the Entrepreneur to approach the Defense Research & Development Organisation (DRDO) which has launched the Technology Development Fund under the Make in India initiative and obtain funding for the development of the technologies.   Indian Defense-Tech Startups & their Investment Term Sheet - (mylawyersadvice.com)

The  Pharmacy Practice Regulations 2015  mentions  electronic prescription  and defines a ‘ prescription ’ as a written or electronic direction from a registered medical practitioner or other properly licensed practitioners to a pharmacist to compound and dispense a specific type and quantity of preparation or prefabricated drug to a patient.  The #regulation also states that a scanned copy of prescription can be considered as a valid prescription. Legality of Online Medical Prescription & E-Pharmacies in India - (mylawyersadvice.com)

The  Make in India  initiative by the Modi Government in India and especially in the defense sector has laid down the process of  complete homogenisation  of all the #defense products which includes the Transfer of Technology (ToT) not only from the Foreign Corporations but also from the Indian Defense Research Organisations like the DRDO and other allied organisations and research facilities respectively. The focus has know shifted from “ know how” to “know why ” whereby endeavours are being made to either develop critical technologies and/or get the critical technologies under direct Transfer of Technology (ToT) from the Foreign Corporation to their Indian Counterpart. Indian Defense-Tech Startups & Transfer of Technology (ToT) - (mylawyersadvice.com)

With the advent of #e-commerce, the concept of online pharmacies and online sale of drugs has been in vogue throughout the world. This increasing trend of purchasing #medicines online has also increased the number of e-pharmacy platforms. #E-pharmacies are online platforms where the consumers can purchase the medicines without having to visit the brick-and-mortar pharmacies. Legality of E-Pharmacy in India - (mylawyersadvice.com)

In the case of  M. Meeran Mohideen v. B. Vijayakumar, Crl. M.P. No. 1870 of 2018  the Hon’ble High Court of Madras quashed a check bounce case where it was found that the cheque had been presented to the bank post its validity period, whereby the cheque was found to be stale. In  Maxworth Realty India Ltd. v. M.K. Veerendra Babu, 2010 (1) KCCR 467 , the Hon’ble High Court of Karnataka went on to hold that, where the legal demand notice had been issued to the managing director of the defaulting company, then it can be assumed that the company had a known regarding the same, thus ensuring that the cheque bounce case was maintainable. Recovery of Debts by Corporate: Cheque & Negotiable Instruments Act, 1881 - (mylawyersadvice.com)

  This is a very common form of debt recovery that companies always prefer before the Courts of our nation nowadays. The procedure is a bit lengthy considering that both the parties in the loan recovery dispute, i.e., the company and the borrower, are given an equal opportunity to plead their cases and the evidence is given more of consideration. This form of a suit is more preferred by the corporate houses while considering the aforementioned reasons. While filing such a suit, a primary preference is given to the place where the defaulting borrower resides. To state a point of caution, the company must ensure that the suit is filed within three years from the date the cause of action arises, beyond which the Court will not consider the case. Such a suit is initiated in accordance with  Order IV of the Code of Civil Procedure, 1908. Recovery of Debts by Corporate: Recovery Suits - (mylawyersadvice.com)

  The Hon’ble Supreme Court in the case of  Alchemist Asset Reconstruction Company v. Hotel Gaudvan Pvt. Ltd., (IB)-23(PB)/2017  has held that, it is the mandate of the Insolvency and Bankruptcy Code, 2016, that, once the moratorium is instituted, no proceedings including arbitration can be commenced. Similarly, it was held by the Hon’ble National Law Company Appellate Tribunal, in the case of  K.S. Oils v. The State Trade Corporation of India, 2018 SCC Online NCLAT 352 , wherein the NCLAT, relying upon various sections of the IBC, held that the arbitration proceeding cannot be continued where the corporate insolvency resolution process was already going on. Recovery of Debts by Corporate: Insolvency and Bankruptcy Code, 2016 - (mylawyersadvice.com)

The Corporates and Business Houses either big or small face this prominent issue whereby there exists a persistent problem of debts and the legal challenges associated thereto.  One of the legit ways to enable faster recovery of debts is by way of going for a “Summary Suits” i.e. under Order 37 of the Code of Civil Procedure 1908  respectively. A summary suit is one in which the Corporate can look forward to a faster means of disposal of the case whereby it seeks to recover some form of a debt from the borrower. Recovery of Debts by Corporate: Summary Suits - (mylawyersadvice.com)

Cryptocurrency is not issued by the Government or any Financial body, instead it operates through a network of computers and can be stored in “wallets.”  Unlike traditional currency, cryptocurrency is present only as a digital record of ownership that is stored on a Blockchain. When a user has to transfer certain units of cryptocurrency, he/she does so by simply transferring the same to another individual’s wallet. The transaction may take several hours to get completed since it is not completed unless it has been verified and added through “mining.”  Mining is a process to verify and check cryptocurrency transactions. Legit Trading of Cryptocurrency in India - (mylawyersadvice.com)

The Reserve Bank of India (RBI) had only imposed a prohibition on trading on cryptocurrency by entities regulated by the Reserve Bank of India (RBI) itself, such as banks and other financial bodies. Thus it is implied that mining of cryptocurrency can be done and now more so, because the Supreme Court has lifted the Reserve Bank of India (RBI) on trading of Cryptocurrency, it is assumed that mining of cryptocurrency will flourish in times to come. However, any one who traded in cryptocurrency prior to the judgement did so at his/her own risk because “cryptocurrency” was not recognised, or per se regulated by the Reserve Bank of India (RBI).  Now, that “regulation” of cryptocurrency has been given a green signal by the Hon’ble Supreme Court of India, the onus is on the Government of India to come up with a regulatory and legal framework that governs the usage of Cryptocurrency. Mining of Cryptocurrency Legal in India: Law Check - (mylawyersadvice.com)

  Every individual citizen of India has a fundamental right to get freedom guaranteed under   Article 21 of the Indian Constitution , which states “No individual shall be deprived of his life except according to the procedure established by law”. Further,  bail refers to the release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court.  However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty.  Bail is a temporary release of a person accused of a crime, by the Court.  In most of the cases where bail is granted a sum of money or property has to be deposited to the Court as a guarantee that the accused will make an appearance back in Court whenever he/she is required. Pre-Requisites of a Bail Application - (mylawyersadvice.com)

  In order to execute this Deed, the NRI needs to visit India once, he/she has to sign the documents along with the other legal heirs or co-parceners and the same needs to be executed in the presence of two neutral witnesses. Further, it is advisable that the Deed should be registered with the office of the Sub-Registrar and the same should also be updated with the land records while also executing the other allied documents relating to the transfer of property including mutation of the property and its registration on the name of the new owner. The legal heirs have to individually bear the liabilities related to taxation, stamp duty and property registration charges. Settlement Deed & Transfer of Property by a Non Resident Indian (NRI) - (mylawyersadvice.com)

Multi-Level Marketing (MLM ) is a business model which has been in the news for its notoriety.  Although, at present there is/are no specific legislation and/or law for regulating the same yet there are certain guidelines which have been formulated by the Government of India and makes an efforts to make the business legit or legal in India.  The Government of India has issued an advisory to all the State Governments including the Union Territories on moral guidelines on direct selling under the Ministry of Consumer Affairs under its Food & Public Distribution Department of Consumer Affairs. These guidelines are based on the deliberations of the Inter Ministry Committee and consolidation with the stakeholders. Guidelines of Ministry of Consumer Affairs for Multi-Level Marketing (MLM) Companies in India - (mylawyersadvice.com)

As per the Article 19 (1)(g) of the Constitution of India 1950 every person is free to carry on its business, however, the same are subject to certain reasonable restrictions.  The same applies to the business of Multi-Level Marketing (MLM) including the Direct Selling Business. U p-till the time the business is being run in a lawful and/or legal manner and the means and resources deployed are lawful and legal while being compliant to all the Central & State laws and legislations then in that case the business stands legit.  Having said that, the domain of Multi-Level Marketing (MLM) stands in a grey area and requires laws and legislations to be enacted both at the Central and State levels respectively. Multi-Level Marketing (MLM) in India: Legality Check - (mylawyersadvice.com)

  The laws relating to sale and transfer of property i.e. immovable property or the real estate are very clear, however, the  Non Resident Indians (NRI)  who are not residing in India and are staying abroad find it difficult to understand the Property Laws or the Real Estate Laws of India and execute necessary documents with respect to the sale and transfer of their property which includes a fractional transfer of share. Execution of Documents for the Transfer of Property in India by a Non Resident Indians (NRI) - (mylawyersadvice.com)

  The laws relating to the Rent & Tenancy varies from State to State and every State in India has their own laws with respect to Rental & Tenancy of properties. Five Step guide  for the  Eviction of Rowdy & Unruly Tenants  which can be undertaken by the Non Resident Indians (NRIs) in order to get their properties vacated in India are: Step-1: Sending Legal Notice to the Tenant for the Eviction of the Property-  The landlord i.e. the Non Resident Indian (NRI) can send a legal notice to the Tenant whereby he can demand the vacation of the tenanted premises and handover of the tenanted premises within a period of thirty days from the date of the receipt of the legal notice. Legal Steps for the Eviction of Tenant by a Non Resident Indians (NRI) - (mylawyersadvice.com)

  Justified reasons for evicting a tenant in India are: The rental laws in India allow the NRI landlord to file an eviction case that helps him take the tenants out of his/her property but only if the reason for eviction is justified and valid. Listed below are some the valid reasons for evicting a tenant in India, which are laid down by numerous states:- • The tenant has deliberately not paid the agreed-upon monthly rent for longer than 15 days from the scheduled date. • The tenant has been carrying out any illegal and/or anti-social and/or unlawful activity in the tenanted premises. Justifiable Reasons for the Eviction of Tenant by a Non Resident Indians (NRI) - (mylawyersadvice.com)

In case the co-owners are not in mutual agreement to the partition of property then it will be partitioned by the revenue officer on the basis of mode of partition prepared with the consent of the legal heirs of the property. Instrument of partition will be prepared as per mode of partition. For this type of partition i.e. a   civil suit   has to be filed under the   Partition Act of 1893   before a civil Court having jurisdiction of the same. Thus, the laws with respect to the partition and the “instrument for partition”are very clear including the legal remedies thereto. Non Resident Indians (NRI) & Partition of their Ancestral Property in India - (mylawyersadvice.com)

  Every agreement/contract should carry the “Arbitration & Jurisdiction “ clause and should exclusively mention the place for Arbitration and exclusively mention the jurisdiction of the Courts where the parties can go in case of arising of any dispute. Further, the parties to an agreement/contract should also get the agreement/contract registered in order to avoid legal challenges. Case Study: Legal Importance & Sanctity of an Arbitration & Jurisdiction Clause in an Agreement/Contract - (mylawyersadvice.com)

 I t is crystal clear that the Corporates can definitely incorporate certain clauses in the agreements/contracts which have already been executed by them. Further,  in case their agreements/contracts lack those clauses then they can definitely execute supplementary agreements/ contracts which can be easily executed in the electronic form and which are commonly known as “E-Contracts” respectively.  These outbreaks of deadly diseases should not act as an impediment in the on-going trade and businesses between the Incorporations which includes cross border trades and transactions. The execution of supplementary “E-Contracts” shall act as a further stepping stone in order to enable smooth trade and bilateral economic and political relationships. Coronavirus Outbreak & Cross Border Transactions - (mylawyersadvice.com)

  The problems faced by NRIs in this respect are as follows: • Unexplained project delays • Inappropriate information regarding project completion • Fraudulent Builders/Property Dealers/Real Estate Agents & Brokers • Poor quality of delivered projects • Huge differences in the property demonstrated on the websites including the brochures and the property/project actually developed However, these above issues are to a certain extent been addressed by the  Real Estate Regulation and Development Act of 2016 (RERA). Legal challenges & problems faced by a Non Resident Indian (NRI) while purchasing property in India - (mylawyersadvice.com)

  Thus, the “Force Majeure Clause” has clearly helped both the Importer & the Exporter in saving their personal and professional relationships while also providing support and well-being to their respective businesses even in such turmoil and fluid situation. Case Study: Legal Importance & Sanctity of a Force Majeure Clause in an Agreement/Contract - (mylawyersadvice.com)

  The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Case Study: Legal Importance & Sanctity of Shareholders Agreement (SHA) - (mylawyersadvice.com)

  A  Non-Resident Indian (NRI)  can easily transfer his/her share of property i.e. both movable and immovable property without visiting India. The same can be easily done by way of executing a “ Special Power of Attorney (SPA) ” in favour of a third person to whom the Non-Resident Indian (NRI) can entrust the job and responsibility to act as the authorised Agent and/or the Attorney holder and enable the transfer of the property in India. Easiest Way to Transfer a Property in India by a Non-Resident Indian (NRI) without coming to India - (mylawyersadvice.com)

  The easiest way to transfer a property in India by an  Non-Resident Indian (NRI)  is by executing a Relinquishment Deed. The same d oes not involve hassles and is a legal document which is legally enforceable by the Courts of law in India . The Relinquishment Deed is a valid piece of evidence which is admissible before the Sub-Registrar’s Office in order to enable the transfer of a property including the change of name in the official land records. Relinquishment Deed & Transfer of Property by Non-Resident Indians (NRI) - (mylawyersadvice.com)

  The Hon’ble Supreme Court in  Makwana Mangaldas Tulsidas vs. The State of Gujarat & Anr. S.L.P. (Criminal) No. 5464 of 2016  have issued notices to the Union of India, Registrar Generals of all the High Courts, the Police Department, the Reserve Bank of India, the Indian Bankers Association etc in order to enable the  development of a new proforma of cheques which shall include the purpose of payment along with other necessary information in order to facilitate issues with respect to cases relating to cheque bounce under the Negotiable Instruments Act of 1881 (NI Act). Supreme Court: Development of New Proforma of Cheques on the Cards - (mylawyersadvice.com)

The Supreme Court observed that “The true position is that an error of judgement may, or may not, be negligent, it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant holds himself out as having, and acting with ordinary care, then it is negligence. If on the other hand, it is an error that such a man, acting with ordinary care, might have made, then it is not negligence.” Case Analysis: Medical Negligence-Spring Meadows Hospital and Anr v. Harjol Ahluwalia and Anr. (1998) 4 SCC 39. - (mylawyersadvice.com)

  The Court went onto say that professional negligence and occupational negligence cannot be equated together. A simple lack of care or an error of judgement or an accident is not proof of negligence is not negligence on part of the medical professional. So long as the doctor follows a “practice acceptable” to the medical profession of that day, he cannot be made liable for negligence merely because an alternative method of treatment was available. The Doctor was found not-guilty and charges against him were quashed. Case Analysis: Medical Negligence-Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1 - (mylawyersadvice.com)

The  2019 Novel Wuhan Coronavirus (Covid-19)  which originated from the Wuhan district of China has now spread globally and infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organisation (WHO) has no diagnosis till date and though the survival rate is quite high, yet stringent measures need to be taken both at the micro-level and the macro-level to fight the virus. Owing its similarity to the SARS and the potential threat caused by it, the countries across the world evacuated its citizens stranded in Wuhan and other parts of China, thereby putting its citizens on a higher pedestal and the first priority. India, very bravely, sent two special Air India flights to Wuhan and evacuated over six-hundred Indians. Also on the two Air India flights were a team of engineers, doctors and some officials. Coronavirus Outbreak & Liability of State to bring home struck Nationals - (mylawyersadvice....

  The 2019  Novel Wuhan Coronavirus (Covid-19)  which originated from the Wuhan district of China has infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organization (WHO) has no diagnosis until today and though the survival rate is quite high, yet stringent measures need to be taken at both the micro-level and the macro-level to fight the virus. In India alone, the virus has infected 30 people, though no deaths have been reported yet. Having said that there is no diagnosis till date, precautionary measures become really important and in such a scenario adequate supply of disinfectants, masks and other medical equipment at a reasonable cost to all the people living in India become really crucial. India’s pharmaceutical industry – especially the Active Pharma Ingredients (APIs) is heavily dependent upon China. The latter accounted for 67.56% of total imports of drugs at USD 2,405.42 mi...

A   franchise agreement   is a contractual relationship, just like another contract. Similar to any other contract, a franchise agreement has two parties, namely, the   franchisor   and the franchisee. The franchisor leads his Intellectual Property Rights and the business system to the   franchisee , who pays a royalty and a fee for conducting the business with the brand name of the franchisor. Once the franchisee commences the business, the franchisor aids the franchisee in conducting the business. Franchise agreements serve two purposes – Franchise Agreements: Clauses, Enforceability & Legal Sanctity in India - (mylawyersadvice.com)

  Post the establishment of the World Trade Organisation (WTO), cross border transactions have become much easier globally. Enforcement of contracts and adjudication of disputes is crucial if markets are to function effectively. This requires the parties to have a clear understanding of the nature of the contract, legal measures which can be taken to protect themselves, and compliance with all global requirements Legal Enforcement of International Commercial Agreements in India - (mylawyersadvice.com)

  Unlike the European Union, India does not have specific legislation governing data privacy. Even when the  Information Technology (IT) Act, 2000  was enacted, it lacked provisions concerning data privacy. However, the 2008 amendment to the Information Technology (IT) Act inserted  Section 43A , which deals with the liability of body corporates having failed to protect sensitive personal data collected from individuals. The compensation prescribed under the provision could extend up to five crore rupees.  The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011  under Section 43A of the Information Technology Act, includes a list of items under the expression “ sensitive personal data .”  Current Indian Legal Position on Data Protection & Privacy with respect to Websites & Mobile Applications - (mylawyersadvice.com)

  Without any doubt, the 2019 Act is a giant leap towards promotion, reformation and development of consumer rights and its enforcement, in the light of rapidly changing socio-economic as well as technological advancements in the society. The Indian Parliament has passed the Consumer Protection Act, 2019 and it is all set to become a law, effective from such date that the Central Government may appoint by notification. Practical Implications of the latest Consumer Protection Act, 2019 upon different Businesses, Corporates & Industries - (mylawyersadvice.com)

  The Non-Disclosure Agreement (NDA) should clearly mention the following clauses i.e. Term of the NDA Authority & Ownership Rights over the Intellectual Properties (IP) Data Protection & Data Theft Clause Arbitration & Jurisdiction Clauses Indemnity & Personal Guarantee Clauses Force Majeure & Penalty Clauses Clause with respect to Royalty & Selling Rights Non-Competition & No Solicitation Clauses Case Study: Significance of Executing a Non-Disclosure Agreement (NDA) with Employees - (mylawyersadvice.com)

  It is advisable to executed an Agreement and Contract before entering into any transaction in order to  avoid damages, embarrassments, injuries and losses which are both monetary and non-monetary.  Further, in most of the cases where there is an outsource of work (including IT services) from one country to another these International Commercial Agreements act as a perfect documents to  enable the smooth delivery of the work. Case Study: Executing an International Commercial Agreement between a Foreign Company & an Indian Company for Outsourcing of Services in India - (mylawyersadvice.com)

  Under the Indian legal framework   medical negligence   is categorized under three different aspects, i.e. Criminal Negligence Civil Negligence Negligence under the Consumer laws All these laws are applied according to the act conducted by the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which punishment and compensation is awarded by the Court as per these laws. Medical Negligence: Liabilities & General Defences under the Criminal Laws - (mylawyersadvice.com)

  The word “ negligence ” and particularly the term “ medical negligence ” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “ negligence ” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Medical Negligence: Meaning, Defences & Scope under the Civil Laws - (mylawyersadvice.com)

Passing Off constitute a very significant part in the trademark arena, especially for those proprietors who are using the unregistered trademark and has yet gained goodwill and reputation from the market and customers. Like trademark infringement, the remedy which the plaintiff can get in any suit for passing off incorporates injunction and, at the option of the plaintiff, either damages or a record of benefits, together with or without any order for the delivery up of the infringing marks for destruction or erasure. PASSING-OFF & ACTION UNDER THE TRADEMARK LAWS - (mylawyersadvice.com)

  An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices. The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of prior identical or similar marks existing on records. APPEAL UNDER THE TRADEMARK LAWS - (mylawyersadvice.com)

  The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services. TRADEMARK INFRINGEMENT & IT’S CONSEQUENCES - (mylawyersadvice.com)

  The Trademark Act gives the registered owner an exclusive right to use the trademark and to keep others from using a similar mark, this is subjected to limitations. There is plenty of case laws of different Indian High Courts and the Supreme Court on the foregoing provisions, and a conclusive supposition in the aforementioned conditions will be subject to judicial decisions and interpretations. Because of the advent of globalization and free-market economies, where brands and product names are key factors in deciding the achievement of a business, a trademark proprietor ought to examine its rights with care and caution. RIGHTS OF THE OWNER OF A REGISTERED TRADEMARKS - (mylawyersadvice.com)

  Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality. TRADEMARK REGISTRATION IN INDIA - (mylawyersadvice.com)

  Intellectual Property has turned into significant methods for tangible wealth as both the intellectual properties and intangible assets mutually structure the most critical main thrust of the world economy. The extent of the intellectual properties expanded all-around quickly and normal endeavors are made by the creators of new inventive plans to look for assurance under the umbrella of intellectual rights. Intellectual Property is characterized into two classifications, i.e.,  Industrial Property , which incorporate  inventions (patents), trademarks, industrial designs, and geographical indication of sources ; and  Copyright . ROLE OF TRADEMARK SEARCHES IN TRADEMARK REGISTRATION - (mylawyersadvice.com)

  Intellectual Property has become an important means of amounding tangible wealth as both the intellectual properties and intangible assets jointly form the most significant driving force of the world economy. The scope of the intellectual properties increased very rapidly and regular attempts are made by the producers of new creative ideas to seek protection under the umbrella of intellectual rights. Intellectual Property is classified into two categories, vis-à-vis,  Industrial Property,  which include  inventions (patents), trademarks, industrial designs,  and  geographical indication of sources;  and  Copyright . BENEFITS & IMPORTANCE OF CONDUCTING TRADEMARK SEARCHES - (mylawyersadvice.com)

  In the period of focused worldwide marketing, Trademark registration is considered as one of the most significant intellectual properties of the companies. Trademark is considered as a help in the hands of the producers or the service providers. Trademark is that instrument by which these producers or the service providers make their extraordinary personality to demonstrate their quality in and outside India. It is simultaneously getting to be powerless against duplicate by their rivals. So it is fundamental for the owner of the business including both the makers and the specialist co-ops that they register their trademark, consequently, to be known as ‘ Registered Trademark’. TRADEMARK REGISTRATION: BLESSING FOR A BUSINESS - (mylawyersadvice.com)

  In the era of competitive global marketing, Trademark registration is considered as the most important piece of the company’s intellectual property. Trademark is considered as a boon in the hands of the producers or the service providers. Trademark is the tool by which these producers or the service providers create their unique identity to show their presence in and outside India. It is at the same time becoming vulnerable to copy by their competitors. So it is vital for the proprietor of the business including both the producers and the service providers that they register their trademark, hence, to be known as ‘Registered Trademark’. BENEFITS & IMPORTANCE OF TRADEMARK REGISTRATION FOR ENTRPRENEURS - (mylawyersadvice.com)

  The most important point in here is to mention that very few people are aware of the  fact that a person can apply for the registration of copyright for a  Computer Software coded by any Individual or Corporate Entity. The “Querist” is a tech-startup which had developed a software whereby the entire accounting and bill generation was possible in few clicks and the unique part was the Invoices could be seen real time by their respective clients. The “Querist” being a startup had limited resources but developed the software and launched the product without even filing the application for the registration of copyright. After an elapse of almost four weeks it was found that some dubious persons copied the original software and were selling it at half a price in the market. Legal Importance of Registering a Copyright on Software - (mylawyersadvice.com)

 The professional team of Advocates & Lawyers of Wwww.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education Legal Importance &Sanctity of Memorandum of Understanding (MoU) — (mylawyersadvice.com)

 The professional team of Advocates & Lawyers of ww.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. Illegal Transfer of Property & Legal Remedies Available — (mylawyersadvice.com)

  The professional team of Advocates & Lawyers of www.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education.   Executing aNon-Competence Agreement with Employees - (mylawyersadvice.com)

  The professional team of Advocates & Lawyers of www.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. Laws & Compliances for Incorporating a Company in India by an Non Resident Indian and/or a Foreign National - (mylawyersadvice.com)

  In recognition of India’s international obligation to protect human rights, the Act provides minimum legal standard of protection that every employee rightfully deserves. The employer’s organisations have the most important responsibility of eradicating sexual harassment in all forms within their workplace. The Act was indeed need of the hour when it came but there is still a lot which needs to be done in order achieve fruitful objective of the Act. Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 - (mylawyersadvice.com)

  The absence of authority and lack of proper rules and regulations in the real estate sector has always been a problem, after implementation of RERA, index of good governance, discipline in Real Estate Sector and home buyers are feeling secured because of the introduction of RERA Rules and sites available because of the commencement of the Real Estate (Regulation and Development) Act of 2016 (RERA) respectively. https://mylawyersadvice.com/real-estate-regulation-and-development-act-2016-rera-investment-by-foreign-nationals-and-non-resident-indians/

  The buyers have had problems such as the delay in possession, transfer of the deed or poor quality projects and much more and the builders are not held accountable for their actions or lack thereof. To ensure the timely possession of the properties the Real Estate (Regulation and Development) Act of 2016 (RERA)  has made some provisions. RERA has been introduced mainly to protect the interest of consumers and property buyers REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS IMPLICATIONS ON CONSUMERS AND HOME-BUYERS - (mylawyersadvice.com)

Impact of the Real Estate (Regulation and Development) Act of 2016 (RERA) on builders, developers and realtors (a person who acts an agent for the sale and purchase of buildings) includes the following: 1]  Under RERA builders are mandated to register critical information regarding the project which includes layout, promoter details, land title status, statutory approval status, agreements, and details of the brokers, architects and contractors. Failure to register this information will lead them to penalties..... REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS EFFECT ON BUILDERS, DEVELOPERS AND REALTORS - (mylawyersadvice.com)

  Illegal transfers of property or mutation are disputes which are quiet often faced by Non-Resident Indians, which has caused a lot of growth in civil lawsuit in India. One must always establish a clear title of property in order to have stake over the ownership and also to avoid fraud. There are two basic ways in which transfer takes place, i.e., through a Will document or in absence of a Will, through law of natural succession. Also, if the owner is alive and is consenting to hand over his property, it can be done through a Gift deed, which is lawful. Finally, a normal purchase and sell procedure can also take place via registered Sale deed. Now, whether the procedure has taken place through a Will document legally or a Gift deed legally, Non-Resident Indians have no trusted representatives in India to gather the information for the same, and this leads to unnecessary harassment. Illegal transfers of property usually take place in three ways: ILLEGAL TRANSFER OF PROPERTIES IN IN...

  The Real Estate (Regulation and Development) Act, 2016 here after referred to as ‘RERA’ is an act of the Parliament of India which seeks to promote the house-buyers as well as to boost investments in real estate industry. The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months. The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 sq.mtr, or eight apartments, to register with the Real Estate Regulatory Authority (RERA) for launching a project, in order to provide greater transparency in project-marketing and execution. REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016(RERA) AND ITS IMPLICATIONS - (mylawyersadvice.com)

When a valid sale of a property takes place, it comes with certain compliances. For a valid sale of property, it must come with a valid sale deed or agreement and in order to give such sale deed a valid essence, it must be registered as per the Registrations Act, 1908. The registration of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. As per the Section 17 of the Registrations Act, 1908, all transactions involving sale of an immovable property for a value exceeding Rs. 100, should be registered. Also, all transactions of immovable property in form of gift or in form of lease for a period exceeding 12 months are also mandatorily required to be registered. REGISTRATION OF PROPERTY IN INDIA - (mylawyersadvice.com)

  For a sale to be a valid sale, it must cover the essential elements as prescribed under Section 54 of the Transfer of Property Act 1882. These elements are as follows:- Parties- In a sale, there has to be a buyer and a seller. Both of these parties must be competent to enter into a contract as per the Indian Contract Act. Subject Matter- The subject matter of sale deed should be immovable property. Transfer of Ownership- Price is the consideration and essence of any sale deed. It may be lump sum or in installments as agreed between the parties. SALE OF IMMOVABLE PROPERTY IN INDIA - (mylawyersadvice.com)

The procedure and regulation for acquisition and  transfer of immovable property by Non-Resident Indians (NRIs)   is governed by Foreign Exchange Management Act, 1999 (FEMA). The Reserve Bank of India has been empowered under   Foreign Exchange Management Act, 1999 (FEMA)   to frame regulations for restricting, prohibiting and regulating the acquisition or transfer of immovable property in India by Non- Resident Indians. TRANSFER OF IMMOVABLE PROPERTY IN INDIA BY NON RESIDENTS INDIAN (NRI) AND FOREIGN NATIONALS - (mylawyersadvice.com)

 N o complaint of sexual harassment can go un-addressed even if jurisdiction falls under purview of different police station. At the police station, the female victim should , no complaint of sexual harassment can look out for rescue help desk for women which will have a lady police officer. No sexual harassment complaint can be refused to be lodged by the police officer. However, in case where police officer refuses to do so, one can make complain to officer of higher rank, or District Judicial Magistrate under Section 156(3) and Section 190 of Code of  Criminal   Procedure . The laws relating to sexual harassment have been elaborately made and are strong enough to protect women. ROLE OF POLICE IN PREVENTION OF SEXUAL HARASSMENT UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013 - (mylawyersadvice.com)

  Sexual harassment at workplace  is a major problem which is faced worldwide. Sexual harassment does not only come in form of quid pro bono (if you will sleep with me, you will get promotion) but also in form of in appropriate jokes, showing pornography, direct or indirect unwelcome touching or any unwelcome in appropriate sexual behavior. When an employee claims sexual harassment to the  internal committee or local committee,  such internal committee of the company or local committee is bound to inquire into the matter and submit its report.  Committing sexual harassmen t at workplace is definitely an act which affects the victim mentally. DEFENCES AVAILABLE TO MALE EMPLOYEE IN CASE OF FRIVOLOUS AND VEXATIOUS COMPLAINTS OF SEXUAL HARASSMENT - (mylawyersadvice.com)

  Sexual harassment at workplace is a global problem whether it is a developed or developing nation, and India is also not new to this. Victims of sexual harassment face health and psychological problems. Where a sexual harassment has occurred at workplace, there are various remedies available under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 where a woman can approach in order to get remedy. The first place where a victim can approach is the internal complaints committee. As per the act, all the workplaces consisting of 10 or more than 10 employees are required to form an internal complaints committee dedicated exclusively for sexual harassment at workplace. All such incidents of sexual harassment can be made to internal complaints committee which shall then order an inquiry into the matter. REMEDIES AVAILABLE TO WOMEN UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2...

  The Section 138 Negotiable Instruments Act of 1881 creates penalty for matters in which holder has drawn a cheque in favour of drawee with insufficient funds to his corresponding account. However, there can be instances where such holder of cheque has not intentionally acted in such a manner. Section 139 of Negotiable Instrument Act provides for presumption in favour of the holder that the cheque was issued for discharging an antecedent liability and presumption can be rebutted only by the person who drew the cheque. Hence, an accused under Section 138 matter can defend itself under Section 139 of the Act. DEFENCES AVAILABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881 - (mylawyersadvice.com)

 The Section 143 of the Negotiable Instrument Act of 1881, specifically provides for all offences under the chapter to be tried by Judicial Magistrate of First Class or Metropolitan Magistrate in accordance with summary trial provisions of Section 262 to Section 265 of Code of Criminal Procedure. It provides that in case of Section 138 of the Act, the Magistrate is empowered to pass a sentence up to one year imprisonment. Jurisdiction of Courts under Section 138 of the Negotiable Instruments Act of 1881 — (mylawyersadvice.com)

 Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same. by making strict liability in matters of Section 138, it is indeed an effective measure which encourages greater amount of vigilance to prevent callous attitude of drawers of cheques in discharge of debts or otherwise. SCOPE OF SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881 - (mylawyersadvice.com)

  The professional team of Advocates & Lawyers of  My Lawyers Advice  are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. Outsourcing Agreement: Foreign Company & Indian Company - (mylawyersadvice.com)

  The terms and conditions mentioned in the Non-Disclosure Agreement clearly envisage the scope of the data and the information which the employee can disclose i.e. during the tenure of employment and for the period mentioned thereafter. The employer and the employee are clearly bound by the Non-Disclosure Agreement as the same carries the penal clauses in case of the violations of any of the terms and conditions. The parties to this agreement can definitely approach the Court in case of any violations. Executing a Non-Disclosure Agreement with Employees - (mylawyersadvice.com)

  The Shareholders Agreement defines and outlines the entire relationship along with the rights and responsibilities of the shareholders vis a vis their duties and obligations. Thus, every Entrepreneur & Corporate should execute a Shareholders Agreement before commencing the operations of their business in order to avoid embarassments and friction in future. Legal Importance & Sanctity of Shareholders Agreement - (mylawyersadvice.com)

  The most important aspect before filing a trademark is that one has to do the trademark search.  The trademark search is an online web based tool  whereby any person can insert the details of his/her trademark and can obtain the details of the same and/or similar trademarks which have either been applied for or registered. The portal shares the entire details about the different marks which are either applied for and/or are registered which includes their status with respect to filing and the contact details of the Applicant. Legal Importance of Conducting Trademark Search - (mylawyersadvice.com)