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Laws on Arrest & Anticipatory Bail in India

The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The kind of relief that an anticipatory bail gives to an individual who expects that he may get arrested for a non-bailable offense then that individual may apply to either High Court or the Session's Court to get a relief for an award of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 (Cr. P.C.). The essential contrast between a request for anticipatory bail and ordinary bail-is that anticipatory bail is conceded before arrest and thusly it gets employable from the exact...

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Foreign Investments in India & it’s Inherent Benefits

In the last past five years there has been a steep increase in the foreign investments in India. These investments are being done by both the Individuals as well as the Corporations and ranges from investments made across different sectors i.e. Real EstateInformation TechnologyInfrastructure DevelopmentDefence & Ship BuildingTechnology Based StartupsSpace TechnologyE-Commerce & M-Commerce The foreign investments in India are being done because of the inherent benefits attached to it i.e. Stable GovernmentSafety & Security of Investments by way of Legislations, Government Interventions and Judicial DictumsEducated, Skilled & Talented ManpowerHigh Gross Domestic Product (GDP) & Economic Growth ProspectsBetter Return on Investments (RoI)Push for Make...

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Growing Business Opportunities in India: Legal Perspective

From the year 1991 and up-till today, India has witnessed a plethora of changes both at the macro level as well as the micro level in its economy. The same has led to a lot of small and micro level industries to flourish which specifically includes Startups, SMEs and the MSMEs respectively. Furthermore, changes have been brought in the legislations which deals with the business and commercial space which includes changes in the legislations with respect to the Insolvency & Bankruptcy, formulation of new rules for the protection and safeguard of the Intellectual Properties (IP), changes in the laws relating...

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Growing Business Opportunities in India: Legal Perspective

The coronavirus global pandemic has caused a widespread medical exigency across the globe which has even raised questions with respect to the survival of humans. Although there exists another potent threat which is directly associated with this global pandemic i.e. the global economic slowdown and global recession. In the recent times, with the Make in India initiative of the Modi government has made India stand out as a global manufacturing hub. Further, with the advent of the initiative towards the Startup India programme, there has been a rapid increase in the number of Starups in India across all the industries...

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Joint Venture (JV) Agreements amongst the SMEs & Exports: Legal Advice

The coronavirus which has caused a global pandemic has not only raised serious questions with respect to the survival of the human race and mankind. The global pandemic has led to a record number of deaths in Europe as well as in the US and has drastically effected the global economies. Furthermore, in the wake of the global health and economic crisis and the sharp fall in the stock exchanges across the globe while there exists strong concern amongst the world economies with respect to not only a global economic slowdown but also global recession. There are several Multi National Corporations...

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Joint Venture (JV) Agreements amongst the SMEs & FDI in India

In the wake of the recent global developments and the focus of the world economies on the FMCG sector and especially the healthcare has changed the way people were living and thinking. The need has arrived to not only get products at a lower price but also to have a more credible and reliable product which comes from a source which has integrity and trustworthiness. In this entire issue, India fits as the perfect destination and Indians have come as the true global partners whom can be entrusted and trusted by the entire world. Thus, the time has come for...

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Legal Challenges in Outsourcing of Work

Outsourcing of Work is a very common factor these days as many Businesses and Corporations are outsourcing their work to third party vendors and service providers. The same is/are being done in order to tap the best talent available and to reduce costs on the training and development of the in house office personnel while getting the desired results. Having said that, even outsourcing of work comes with its own set of challenges and if not dealt properly by way of abundant precaution may prove fatal to the Corporation. At present we are discussing outsourcing of call center work...

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Manufacturing in India: Legal Perspective

With the advent of the “Make in India” initiative by the Modi government the Indian manufacturing sector has seen a revolution across all the industries and especially the industries and sectors which were more dependent on imports. Although manufacturing in India has its own issues with respect to the infrastructure and the workforce yet the same has its own set of advantages and the manufacturing sector in India has definitely a brighter side also. Few of the concrete changes which have been made by the Modi government in the manufacturing sector are: Following the Policy of Ease of Doing BusinessImproving InfrastructureDevelopment...

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Intellectual Properties (IP) Protection in India: Legal Perspective

The Intellectual Properties (IP) of an Entrepreneur or any Corporation involves innovation and a lot of research and development which involves a humongous amount of resources which includes time, money and energy. The innovation or the extension of a technological advancement plays a key role in the success of a business irrespective of its size and the number of years it has been in the industry. There are several Multi National Corporations (MNCs) which are either directly and/or indirectly have their products manufactures in India. The same is primarily being done as the cost of the human resource in India...

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Indiabulls Housing Finance Limited v. Deccan Chronicle Holdings Ltd. & Ors. (2018)14 SCC 783

M/s. Indiabulls Financial Services Limited (IBFSL) was granted a certificate to operate as a Non-Banking Financial Company (NBFC). The Appellant and IBFSL were sister concerns. The IBFSL had disbursed a loan to the Respondent borrowers by creating equitable mortgage over various properties. After sometime, the IBFSL got merged with the Appellant and the assets and liabilities of IBFSL stood vested in the Appellant. The Respondent borrowers had committed default in repaying the loans advanced even before the merger; loan recall notice was also issued. Subsequently, the loan accounts of the Respondents and were classified as non-performing assets (NPA). A notice...

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