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Laws on Cyber or Online Defamation in India: Lawyers Advice

The growth and development of technology has brought substantial changes in the world. With the advent of the internet and social media platforms such as Facebook and Whatsapp, the number of criminals and miscreants in the world has increased. Internet gives the users freedom to publish and disseminate their opinions and thoughts in a much simpler and effective manner. However, this right has been exploited by various Internet users to defame an individual in the name of freedom of speech and expression. The term ‘online defamation’ means publishing of defamatory statement about an individual on Internet which can hurt the...

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How can an Individual file for Insolvency: Lawyers Advice

The Insolvency Laws of India were introduced by the Britishers and like the other laws, it owes its origin to English Law. The insolvency Laws were divided into two statutes on the ground of geographical division. The first is the Presidency Towns Insolvency Act, 1909 which applies to the presidency towns of Calcutta, Bombay and Madras and the second is the Provincial Insolvency Act, 1920 which applies to the entire territory of India except for these presidency towns. Both the Acts deals with the insolvency process of Individuals and firms. According to the 26th Report of the Law Commission of India,...

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Personal Liabilities of a Director as per the Indian Companies Act of 2013

A company is a legal person that appoints directors as its agents to carry its business. Due to its separate legal entity characteristic, the company itself is responsible for liabilities arising from day to day activities being conducted. Personal liability of a director comes into picture when he/she breaches his/her duties while performing fiduciary activities. What do we man by the Fiduciary Duties of a DirectorDefining fiduciary: The term fiduciary revolves around trust. A person acting as a fiduciary puts the opposite party’s interests above his own and acts in good faith with a bona fide intention. Upon suggestions given...

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Laws on Mergers & Acquisitions (M & A) for Foreign Companies: Lawyers Advice

The term ‘mergers’ simply means merging of two entities to form one single entity. (A + B = AB). Whereas an acquisition is one entity completely acquiring the business/management of the other one (target). After the acquisition, the target’s business goes under the complete control of the acquirer. Cross-border Merger and AcquisitionDefining cross-border arrangement: When two businesses registered in two different countries come together to merge or one acquires the other, it is termed as a cross-border merger or acquisition. Here, the Indian company is a company registered under the Companies Act, 2013 and the foreign company is a company...

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Legal Remedies against False Allegation of Cheating: Lawyers Advice

Definition of Cheating and its main Ingredients: Explained: -Under Section 415 of the Indian Penal Code, the word, cheating means deceiving or defrauding someone in order to make him deliver any property to another person, or in other cases consenting that a person shall retain a property. It also involves deliberately inducing someone to do or omit to do some act, which may cause harm or damage to the other person’s body, mind, or reputation. Thus, until the given ingredients are present, an act or omission cannot be said to cheating under the given section:  defrauding...

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Legal Remedies against False Allegation of Corporate Fraud: Lawyers Advice

In S.P Chengalvaraya Naidu v. Jagannath JT, AIR 1994 SC 853, the apex court has observed that “fraud” is basically an act of intentional or deliberate deception with a particular design of getting something through an unfair or undue advantage of another. It has been defined as cheating intended to obtain an advantage of another party. In State of Maharashtra v. Buddhikota Subbarao (Dr.), AIR 1989 SC 2292, “Fraud” has been defined as a faulty representation by one who is aware that the same is not true with the sole intention or deliberation to deceive and mislead the other...

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Legal Remedies available to a Accused in case of Issuance of Proclamation of Proclaimed Offender: Lawyers Advice

Our Constitution does not permit anyone to be damned unprecedented without providing an opportunity to the concerned person. In the case of issuance of proclamation by the court of law, it is important that proper scrutiny of the material facts is undergone for establishing a proper legal procedure. In order to provide proper remedy to an accused having a proclamation issued against him, it is important to establish certain facts and substantial material before the court. Now under Section 81 of the Code of Criminal Procedure, if the court has a reason to believe that anyone against who there is...

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Legal Remedies available to a Accused in case of Issuance of a Non-Bailable Warrant: Lawyers Advice

Under the Section 73 of the Code of the Criminal Procedure, the Chief Judicial Magistrate or a magistrate of the first class may order a warrant to anyone within their local jurisdiction for his arrest. Now, under the clause (1) of the said section, there are few important points which are to be considered before issuing a non-bailable warrant: That the convict has escape,That the convict is a proclaimed offender, orThat the accused has committed a non-bailable offence and is evading arrest. The basic rule of law is that any person who has a non-bailable offence issued against him should satisfy either...

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Legal Remedies available to a Accused in case of Issuance of a Bailable Warrant: Lawyers Advice

Under Section 71 of the Code of Criminal Procedure (Cr.P.C), in the case a court of law is issuing a warrant for arrest against any person, then such court based upon its circumspection endorse upon the warrant that in the case such person implements a bond with ample sureties for his presence before the court at a particular time. Then, unless otherwise ordered by the court, the concerned officer to whom such warrant is directed shall take the security and subsequently release the person from the detention. Furthermore, the concerned officer needs to forward such security to the court. It may...

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Case Analysis: Timken Company v. Timken Services Private Limited

Timken Company v. Timken Services Private Limited CS(OS) No.3 of 2010Facts: The plaintiff, Timken Company registered a suit praying permanent injunction restraining the defendant, Timken Services Private Limited from infringing former’s registered trademark, “Timken”. Timken company, incorporated in the United States of American is the legally registered proprietor of the given trademark, “Timken” and its earliest registration dates back to the 01st June, 1942. Plaintiff also has its trademark registered in some other countries including Canada, New Zealand, Singapore, Australia, The U.K & The U.S. The trademark was adopted by the plaintiff corporate around more than hundred years ago in...

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