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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 15)

How and where can I apply for Anticipatory Bail

Anticipatory Bail has been dealt in criminal law under Section 438 of the Code of Criminal Procedure (Cr. P.C.) of 1973 through which the High Court and the Sessions Court have been equipped with the discretion to provide such bail. The filing of an FIR is not necessary by the Applicant before he approaches the Court to file an Anticipatory Bail. A person can be arrested upon other reasons that satisfy the criterion of ‘reason to believe.’ However, in Criminal Cases especially cases concerning dowry, anticipatory bail comes as a relief to several accused persons. For an Anticipatory Bail to...

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Laws on Bail in India: Lawyers Advice

Bail is defined under the criminal law as the legal release of an individual from the police custody who is awaiting a Court trial and is charged with certain offences. In simple words ‘Bail’ means a kind of security or bond which is given to release a person from prison. India witnesses tons of crime on a daily basis but the police are successful in tracing the criminals who they believe committed the crime. However, many at times the accused might not be guilty but they are required to be behind the bars and the only way out of this...

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Acquisition: An Opportunity to Acquire Budding Businesses

The first wave of the COVID-19 pandemic had caused severe economic dislocations in the country entailing a major slowdown in the Indian economy. Amidst the slowdown, while small companies were still trying to recover from the destruction caused by the first wave, the advent of an unprecedented second wave has made them increasingly vulnerable to corporate dissolution. Over here we shall be discussing in detail “Acquisitions” and how the same can assist to preserve their business operations in the aftermath of the second wave of COVID-19. An acquisition is the purchase of controlling interest by an acquirer in the share...

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Punishing Black Marketing & Hoarding of Essential Medical Supplies amid the Second Wave of Covid19

Here we will see laws against Black Marketing and Hoarding which is happening with respect to the essential medical supplies amid this Coronavirus pandemic. Then, we will see how we can register a complaint i.e. a criminal complaint against Black Marketing and Hoarding and what are the criminal defenses available to us in case we are booked under such laws. At last, judgement and order of the Court regarding Black Marketing and Hoarding of life-saving drugs oxygen cylinder, Favipirarvir, Remdesivir, Tocilizumab etc. Definition of Black Marketing and HoardingThe term ‘Black-Marketing’ has a very wide scope. It means illegal transactions of...

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Mergers: Tool to Survive the Second Wave of Covid19

The term ‘Merger’ is not defined clearly under any enactment. But can be defined as the voluntary amalgamation of two companies on broadly equal terms into one new legal entity. Mergers often lead to an increased value creation for the corporation. It is a way for the corporations to expand their reach, expand into new segments, or gain market share. How does a Merger Work?A merger is a voluntary combining of two companies legally into one legal entity. The companies should have similar sizes, values and customer bases to be a merger and not an acquisition. If both parties expect...

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Legality of Multi-Level Marketing (MLM) & Direct Selling Business in India: Lawyers Advice

With the growth of information technology, businesses also tend to follow the same trend up or down the business cycle. With more and more businesses moving online one area that has seen an exponential growth is Direct Selling. Direct Selling simply means selling of goods directly to the end consumers without the need of any intermediary or middleman. As per the reports of FICCI and KPMG in 2015, INR 75 Billion Market in India was of Direct Selling. There are two ways of Direct Selling: Single Level Marketing (SLM): In single level marketing direct sales are made in person to person...

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Enforcing an International Agreement for Outsourcing of IT Work & Services

Drafts are to be based on considering likely disputes, prevailing situation and laws: -In the case of an offshore outsourcing transaction, the enforcement of customer’s rights and remedies with respect to the agreement has always been a vital concern. In the case of India, it is extremely important that dispute resolution and governing law clauses are perfectly tailored to reflect the nuances of the legal system in India. It may be noted that model form clauses effective in other jurisdictions will not work efficiently in the Indian context. Now since, a party to an agreement related to India containing non-Indian...

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