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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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Baleshwar Dayal Jaiswal v. Bank of India and Ors., AIR 2015 SC 2881

In this case, there were two petitions which had been clubbed together, and a specific question of law was answered by the Hon’ble Supreme Court of India. The petitioners, who were the borrowers in this case had raised a contention before the Hon’ble Court that a certain provision in the Recovery of Debts due to Banks and Financial Institutions (RDBFI) Act of 1993, had to be included with Section 18(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002. This provision of the RDBFI Act gave powers to the appellate tribunal to...

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Vasu P. Shetty v. Hotel Vandana Palace and Ors AIR 2014 SC 1947

In this case, the borrower had taken a loan from Syndicate Bank for constructing a Hotel. Later, there was a default on the borrower in repaying the said loan. Subsequently, the bank took action in accordance with the rules of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 The bank took formal possession of the property which was mortgaged and had been given as a surety for the due discharge of the loan, and put it up for sale. The appellant in the present case was the highest bidder whose bid had...

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Force Majeure & Contracts: Indian Contract Act 1872

The World Health Organisation on March 11, 2020 characterized Covid-19 virus as a ‘Pandemic’, and has effected millions of lives across the globe. One of its effects is the inability faced by various businesses in performing their part of the contract. It is therefore incumbent to analyze the situation in the light of Force Majeure and the steps that can be taken by businesses to protect their interests. The term ‘Force Majeure’ has been from the French language and translates to ‘a superior force’. A force majeure can defined as an unexpected event or effect that could not be reasonably...

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Anticipatory Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Anticipatory Bail means a direction issued to release a person on Bail even before he is arrested. In this situation, there is an apprehension of arrest as the person is accused of a non-bailable offence. For such Bail, a person can file an application under Section 438 of the Code of Criminal Procedure (CrPC) which is issued only by the Sessions Court and High Court. According to Section 438 of the Code of Criminal Procedure, 1973 the High Court or the Sessions Court may include directions or conditions depending upon the facts of the case as it may think fit including...

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Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Bail refers to the temporary release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. It is originated from an old French word ‘bailer’ which means ‘to give’ or ‘to deliver’. However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty. In most of the cases where bail is granted a sum of money or property has to be deposited to the Court...

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Burden of Proof under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Evidence in a case plays the most crucial and stands the deciding factor for an alleged person or and accused person to be convicted or exonerated. Thus, the importance of tendering evidence is above anything in the criminal trial. There are two types of evidences which are considered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 during search and seizure, they are Direct and Indirect Evidence. Direct Evidence are those which directly prove the offence committed by the accused and has a direct incriminating value i.e. Forensic Evidence like Fingerprints, Toxicological Evidence for proving one’s intoxication of the controlled...

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Arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Every individual citizen of India has a fundamental right to get freedom guaranteed under Article 21 of the Indian Constitution, which states “No individual shall be deprived of his life except according to the procedure established by law”. Furthermore, as per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge” If a person contravenes the provisions mentioned in the Narcotic Drugs and Psychotropic Substances NDPS Act, then...

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