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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 43)

Easiest Way to Transfer a Property in India by a Non-Resident Indian (NRI) without coming to India

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. The Special Power of Attorney should essentially carry the following clauses which the Non-Resident Indian (NRI) should enumerate in favour of the Attorney holder i.e. To sign and execute...

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Relinquishment Deed & Transfer of Property by Non-Resident Indians (NRI)

A “Relinquishment Deed” is a legally valid and legally enforceable document whereby one person can relinquish and/or surrender his/her claims and rights over an movable or the immovable property, in favour of another person. The “Relinquishment Deed” can only be executed by the person who is the lawful owner of the movable or the immovable property. The person who executes the Relinquishment Deed is known as the “Executant” and/or the “Releasor” and the person to whom the ownership rights are surrendered and/or transferred is known as the “Releasee” respectively. A Non-Resident Indian (NRI) can transfer his/her share in his property i.e....

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Supreme Court: Development of New Proforma of Cheques on the Cards

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). The Hon’ble Court has observed...

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Case Analysis: Medical Negligence-Spring Meadows Hospital and Anr v. Harjol Ahluwalia and Anr. (1998) 4 SCC 39.

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts -A minor was admitted in a Hospital where the patient upon examination of a Senior Consultant Paediatrician, and on advice of other doctors. Upon diagnosis it was found that the patient was suffering from typhoid fever and appropriate...

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Case Analysis: Medical Negligence-Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts –The son filed a First Information Report (FIR) at a Police Station in Ludhiana because his father was admitted in a hospital at Ludhiana on 15.02.1995 and died on 22.02.1995 at the same place. The patient had difficulty...

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Coronavirus Outbreak & Liability of State to bring home struck Nationals

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...

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Outbreak of Coronavirus: Concerns over Black Marketing, Hoarding and Exorbitant Pricing of Essential Medical Supplies and its Legal implications in India

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...

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Franchise Agreements: Clauses, Enforceability & Legal Sanctity in India

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 - a) Promotes a product. b) Promote a business system/format. It is interesting...

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Legal Enforcement of International Commercial Agreements in India

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 requirementsThe expression “International Commercial Agreements” has not been expressly defined anywhere per se. However, a reference to Article 1(1) of the United Nations Convention on Contracts for the International Sale of Goods indicates that the term “international” is used...

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Current Indian Legal Position on Data Protection & Privacy with respect to Websites & Mobile Applications

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...

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