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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 29)

Legal Precautions to be Undertaken before Executing a Transfer of Technology (ToT) Agreement: Lawyers Advice

In modern times, technology has become a vital component of the business process of most companies worldwide. Technology can be leveraged in various ways by a company in order to gain a competitive advantage over its competitors and to maximise profits. The transfer of technology is an important way through which countries that are developing can access technology from developing countries. There are numerous instances where a company cannot invest huge amounts of capital into research and development in order to create new technology. In such instances, the most feasible option for companies is to absorb/assimilate pre – existing technology...

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Top Ten Legal Solutions for Builders & Realtors for Delay in Delivery of Possession of Property: Lawyers Advice

The real estate sector in India has been plagued with over-supply, lack of creation of demand and deficit of finance i.e., liquidity and cash woes, other external and unforeseen circumstances. The situation has worsened during the times of COVID-19, where about 53% of the home buyers have deferred plans of home buying indefinitely. Realtors are often unable to deliver possession of property, due to uncontrollable circumstances, and thus it becomes pertinent to support and protect their interests.Top ten legal solutions for Realtors & Builders who are unable to deliver the possession of property on time are: Force majeure-Force Majeure clause...

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Top Ten Legal Tips for Entrepreneurs on the issue of Repayment of Bank Loan: Lawyers Advice

Entrepreneurs and small businesses run on loans, for effective operations. However, they are often faced with situations where it becomes impossible for them to make repayment. Thus, there are genuine defaulters and fraudulent defaulters. It becomes pertinent for businessmen to understand the solutions that lay before them on the account of non-payment. Top ten legal tips for Entrepreneurs for the repayment of their bank loans are: Receipt of a Mandatory Notice-A notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002, mentioning the amount payable and the secured asset intended...

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Documentation & Procedural Aspects in Obtaining Environment Clearance Certificates: Lawyers Advice

Recent studies show that India lies on the precipice of a start – up boom and is home to the world’s third fastest growing start – up ecosystem. This is due to the various initiatives that have been taken by the governmental authorities to promote and endorse start-ups and other businesses.Article 48 of the Indian Constitution, directs the State to “…endeavour to protect and improve the environment and safeguard the forests and wildlife of the country”. In pursuance of this mandate there are several environmental safeguards and procedures that are to be followed to obtain environmental clearance before setting up...

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Enviro Legal Challenges faced by Entrepreneurs before launching their Product in India: Lawyers Advice

India is one of the fastest growing economies in the world. Initiatives such as Make in India, Start – Up India Action Plan, E- Biz Project, etc., have served as an impetus to the growth of business activities within the country. There have been several efforts that have been taken by the authorities in order to streamline the process of obtaining environmental clearances, but in spite of these measures there still exist difficulties in the implementation of compliance measures by officers within the businesses. This article will help to highlight the nuances of environmental regulation and the challenges that ensue...

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Fair Usage of Content & the Copyright Laws: Lawyers Advice

Copyright is an essential aspect of intellectual property rights, which gives the owner or author of an original work the right to exploit his work and license it and prevent other people from copying it. This is done to ensure that the author is the sole owner is author unless he/ she chooses to sell the work or license it. However, there are times when such copyright is disregarded and people copy the works of other people as well as exploit it. This leads to an infringement of the copyright of the owner. Recently there have been numerous instances whereby...

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Legal Rights of Journalists, News Anchors & News Channels: Lawyers Advice

The primary aim behind Journalism is to provide the people with news, views, comments and information on matters that are of public importance in a manner that is fair, unbiased, accurate and decent. However, the influence of media extends to a large variety of people and helps in shaping their views and thoughts and thus, it becomes even more important to include proper information and not lose sight of the privileges, duties and obligations that are prevalent and existent with the media personnel’s. However, in order to enjoy the privileges granted to the media, they have to adhere to certain...

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Legal Challenges faced by Importers in Obtaining Environment Clearance Certificates: Lawyers Advice

The import of raw materials from foreign countries is an essential aspect of business processes. Several businesses rely on the import of raw materials from other countries in order to meet their needs. The World Bank has identified Iraq, United Arab Emirates, Saudi Arabia, Iran and Australia to be the counties from which entities in India import the most amount of raw material from. The process of importing raw materials or products, especially those that are considered to be hazardous in nature, comes with its own enviro – legal requirements and the Hazardous and Other Wastes (Management and Transboundary Movement)...

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Legality of Online Flash Sales & Competition Laws in India: Lawyers Advice

Online flash sales are discounts offered by e-commerce entities for a short period of time. In such sales, the online entities give out discounts on certain products to increase their sales. These sales by the online retail markets attract a lot of customers but such sales do not benefit the offline retailers of the same product on sale. Through these discounts the price of the product decreases to an extent lower than the cost of the product and this does not favor the offline physical stores who will not be able to meet their expenses and costs. This brings us...

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Laws on Predatory Pricing & it’s Impact on Small Businesses: Lawyers Advice

Small businesses are the driving forces of the economy as they provide a lot of employment opportunities to people who cannot be absorbed by large corporations. They also contribute to economy by bringing growth and innovation to the community in which the business is involved in. Hence, these businesses must be protected. The Competition Act, 2002 was passed for this purpose. Predatory pricing is a pricing strategy followed by dominant firms which sell goods and provide services at a level lower than the cost of the goods and services with intent to erase all the competition in the market. This...

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