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Sole Proprietorship & the Insolvency and Bankruptcy Code of 2016: Lawyers Advice

Sole proprietorship is a specimen of a business being owned by a single person who carries an unlimited liability. Its foundation lies in the fact that there is no legal divide between the sole proprietorship and the proprietor. This implies it has no legal identity of its own. This is remarkably in contrast with say a company that has a separate legal entity, hence, can sue and be sued in its own name. This becomes a crucial concern when viewing matters related to insolvency and bankruptcy which is governed by the comprehensive Insolvency and Bankruptcy Code, 2016. Seemingly, a proprietorship...

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Liability of a Proprietorship Firm under the Insolvency & Bankruptcy Code of 2016: Lawyers Advice

The views are conflicting on this subject matter by the varied NCLT benches that whether a proprietorship under section 9 of the Insolvency & Bankruptcy Code (IBC) of 2016 can initiate insolvency and bankruptcy. It is a well-settled law that sole proprietorship firm cannot sue and be sued on its name. A proprietorship firm is not considered a separate legal entity. In Miraj Marketing Corporation v. Vishaka Engineering and Ors, it had been held that insolvency proceedings can't be initiated within the name of an unregistered proprietorship firm, and not even a sole proprietorship firm can initiate an insolvency proceeding...

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Evidences & their Evidenciary Value in a Criminal Trial: Lawyers Advice

Crime is prevalent in every part of the world in some way or the other and has transgressed into something new and different with the passage of time. In order to establish who has committed the crime, certain things need to be taken into account. One of these things is evidence, which can be considered to be an instrument to prove or disprove any fact, the truth of which is submitted to judicial investigation. As per Section 3 of the Indian Evidence Act of 1872, evidence is defined as and may constitute- a) Any and all statements...

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Legal Tips for Tendering Evidence in Defence by an accused in a Criminal case: Lawyers Advice

In India, Evidence tendered by an accused in a criminal case is of paramount importance for the judicial bodies to adjudicate correctly. Further, Section 105 of the Indian Evidence Act, 1872 states that when a person is accused of any offence, the burden of proving that the present circumstances falls within any of the General Exceptions is upon him, and the Court shall presume the absence of the said circumstances. In Raj Kumar vs. State of Maharashtra (2009) 15 SCC 292, the Hon’ble Supreme Court held that if the accused took a plea of self-defence, burden was on them under...

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Legal Tips to obtain Anticipatory Bail from Sessions Court: Lawyers Advice

According to Section 438 of the Code of Criminal Procedure of 1973, if a person has reason to believe that he will be arrested on charges of having committed a non-bailable offence, he will apply for an anticipatory bail before the High Court or the Sessions Court for a warrant under this section which, in the event of such arrest, applies. He shall be released on bail and, taking into account the following conditions, the court shall provide him with anticipatory bail; the nature and gravity of the accusation against the applicant.the social background of the applicant including the fact as...

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Legal Tips to obtain Anticipatory Bail from High Court: Lawyers Advice

To understand the procedure to apply for anticipatory bail, we must understand the jurisdiction of the same.There are two key factors to decide the jurisdiction in anticipatory bail cases: ● Alleged accusations of committing an offence, ● Apprehension of arrest; it is not necessary for these to always overlap. Section 438(1) of the Code of Criminal Procedure, 1973 states that if a person has reason to believe that he is accused of committing a non-bailable offence & he may be arrested for the same, then he can apply to the High Court or...

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Protection of Unregistered Trademarks: Lawyers Advice

While rights holders face various issues with regards to securing and protecting the unregistered trademarks, but with no immediate or generous deals in India, the courts have begun to adopt an increasingly liberal strategy. Rights holders face various difficulties with regards to keeping up brand value. With changing shopper inclinations, different features must be refreshed to keep marks new and intriguing. For various budgetary reasons, the main goal for rights holders is to look for the insurance of the essential trademarks, trailed by secondary marks and components including colors, portrayal, and slogans. Where trademarks and their features achieve fame, there is...

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Legal Tips on Resolving the Issue of Trademark Opposition: Lawyers Advice

Whenever the process for the registration of trademark is in process, there can be two situations in which the refusal can be raised against your trademark registration. One of the situation is the Trademark opposition and another situation is the Trademark objection. Generally Trademark opposition is filed by the third party against the Registration which is mentioned in the Journal. When the trademark design is submitted to the examiner for the purposes of the registration, it is being reviewed by him and if he finds that the trademark can be qualified for the registration, he publishes it in the Trademark...

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Importance of Conducting Due Diligence before Investing in a Startup: Lawyers Advice

In the world of startup investing and the private investments, the role of due diligence has become very significant. If any investor wants to involve in a successful investing, then he is required to comprehensively evaluate the sustainability of the investments. This can be done by proper research and study of the particular startup they are planning to make investment in. In startup investing, the investors has to suffer the problem of the less available information about the startup in the market. If the proper information is not available, then it would be difficult for the investors to carry on...

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Legal Remedies available after the Invocation of Force Majeure clause in a Contract: Lawyers Advice

The Black’s Law Dictionary defines the term Force Majeure as an event or effect that can be neither anticipated nor controlled. Such incidents happen independently without the will of human beings. Due to the happening of such events, enforcement of the contracts get affected. English law provides after the execution of the provision of force majeure, the other party can cancel the contract and the execution of the same if any such events occurs which is beyond their control. Under Indian law, like English Law, force majeure descends its existence from the contract. This clause is inserted in the contract...

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