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Legal Remedies available against Former Employees running Competitive Business while adopting Illegal and Unlawful Means: Lawyers Advice

Former employees pose a grave threat to any Corporation or Organisation whereby it is widely seen that they indulge into illegal and unlawful activities from client poaching, data leakages, selling trade secrets and Intellectual Properties (IP), disseminating false and wrong information specially on social media platforms and entering into same business. This affects the Corporation in both monetary terms and non-monetary terms and causes illegal and wrongful damages, injuries and losses to their previous Employer. It is inevitable during the course of employment that an employee is not made to handle confidential data and information for their assignments. Such employees gradually...

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Laws & Legal Compliances for Selling Therapeutic Oils in India: Lawyers Advice

In recent times, it can be observed that the market for essential oils has been booming world over. The reasons for this are primarily due to the fact that lifestyles are improving across the world and an increasing number of people are getting involved in aroma therapies and other activities pertaining to physical wellness. The barriers to entry in these markets are low and as a result there is increased competition in this market. In order to streamline business activities to gain a competitive edge, it will prove useful for a business person to be aware of and comply with...

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Laws & Legal Compliances for Selling Cosmetics in India: Lawyers Advice

It is estimated that the Indian Cosmetics market is growing at a rate of 15% to 20% annually. The reasons for this are several, one of which is the rise in the purchasing power of citizens which allows for an increased spending on vanity. Cosmetics include skin care products, hair and scalp products, nail and cuticle products and oral hygiene products. If an entrepreneur wishes to embark on an endeavour to sell cosmetics in India, the following legal compliance requirements are to be kept in mind to avoid running into unnecessary hassles. Manufacturing Cosmetics in IndiaThe statute that regulates and...

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Laws & Legal Compliances for Selling Baby Care Products in India: Lawyers Advice

With the Indian population increasing at a rapid pace, the market for baby care products in the country has also increased exponentially. Baby care products include baby oils, creams, soaps, body washes, diapers, baby foods, wipes, etc. If an entrepreneur aspires to get involved in the sale of baby care products in India, the follow compliance requirements ought to be borne in mind to avoid running into unnecessary hassles. Baby care products come under the broader umbrella of cosmetics in India. The statute that regulates the manufacture/ import and sale of baby care products in India is the Drugs and...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Hospitals in India: Lawyers Advice

Resembling the false consumer complaints against the doctors for medical negligence, there are various vexatious complaints against the hospitals as well, both private as well as government. Although Judiciary is taking endless efforts in punishing those complainants who file false petitions against such institutions, however this problem in never ending and recently the number of such frivolous complaints has been increased by 28%. Until the problem of false and vexatious complaints is not taken seriously, the consumers will be encouraged to carry on such practices. Therefore some strict actions are required to be taken against such complainants. Consumers have a responsibility...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Doctors in India: Lawyers Advice

In recent times, Consumers have developed a tendency to file misleading and baseless complaints against doctors and hospitals for medical negligence. But doctors don't need to be always at fault, the consumers or patients can be at fault too in taking the prescribed treatment and medicines suggested by the doctors. When the consumers are themselves negligent, they cannot go to the court and waste time of the judiciary by filing false complaints about the agony they suffer because of their fault. Section 2(1) (o) of the Consumer Protection Act 1986 has provided the medical profession has been included under the...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Beauty & Cosmetics Companies in India: Lawyers Advice

The scope of Consumer Protection Act has increased manifolds in the last decade. Under this act, the provisions available for the protection to the consumers has strengthened. This has resulted into fall down of displaying misleading advertisements and false claims made by the sellers. However under the garb of protection provided under this act, many consumers have started making false and frivolous complaints. These types of complaints can be of two types, first one being the complaint which has been filed by the consumer for negligently using the products and second one could be frivolous complaints for purpose of scoring...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Ayurvedic & Herbal Companies in India: Lawyers Advice

When the Consumer Protection Act of 1986 came into existence, manufacturers had conveyed that the provisions of this act might inspire the consumers to file false complaints and give them a chance to score money from the big manufacturers and sellers. Therefore to reject such false claims and avert the abuse of the law, a provision for the discharge of false and vexatious complaints was introduced in the act along with the penalty to be paid by the consumers. In the 1993 amendment, the fine for such complaints was increased to 10,000 Rupees. But traders wanted to impose a...

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Laws and Legal Compliances applicable upon Foreign Companies for Selling Baby Care Products in India: Lawyers Advice

India is a market for some of the most extensively known global brands as well as popular domestic brands in baby products segment. While a leading player like Nestle has a number of brands under its belt like Cerelac, Nan Pro1 and Pro2, Lactogen, Nestum, there is growing commitment from other companies to introduce more products in this category. Laws Governing Baby Products in IndiaPolicies related to Baby Care Market in India include Infant Milk Substitutes Act (1992 and 2003), Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and 2003 and Bureau of...

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Legal Sanctity and Precautions to be taken while Executing a Non-Compete Agreement: Lawyers Advice

A non-compete agreement is known in Contract Law as the agreement between two parties where one party is the employer and the other party is the employee. Through this non-compete agreement, the employee gives his acceptance to the employer on the restriction set by them that during the course of the employment or even when the employee leaves job under the employer, he will not attempt to be a competitor in the form and nature of trade pursued by the employer. Law Governing Non-Compete AgreementsSection 27 of the Indian Contract Act, 1872 declares agreements restraining trade to be void. However, the...

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