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SCOPE OF SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

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Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same.   Thus, an amendment to ensure remedy against defaulters and to ensure credibility of the holder of instrument, a criminal...

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Outsourcing Agreement: Foreign Company & Indian Company

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Media Company, which is into the field of rendering...

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Executing a Non-Disclosure Agreement with Employees

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The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Tech Start-up, which is into the field of Artificial...

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Legal Importance & Sanctity of Shareholders Agreement

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. A Querist, who happens to be shareholder and a Director in a Private...

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Legal Importance of Conducting Trademark Search

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.   The most important aspect before filing a trademark is that one has to...

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Legal Importance & Sanctity of Registered Partnership Firms

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. The Querist along with one of his close friend had started their partnership...

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PRIVACY & PERSONAL DATA PROTECTION: EMPHASIS

In the background of recent security breaches and computer databases hacks the protection of databases assumes utmost priority. The loss of data or its derivatives could lead to data hacks, personal data misuse, illegal financial transactions and abuse of the data for ulterior motives. Under the present laws, personal data can only be gathered legally under strict conditions, for a legitimate purpose. Furthermore, persons or organisations which collect and manage your personal information must protect it from misuse and must respect certain rights of the data owners which are guaranteed by the Indian laws The present data sharing laws within the various...

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LEGAL CHALLENGES BEFORE STARTUPS IN INDIA

The professional team of Advocates & Lawyers of My Lawyers Advice has been dealing with numerous Startups and been rendering their legal advice to them. Startups have become the go-to option to start any business, however, they are not prepared for the challenges which has become the cause for their failure. One of the biggest challenges faced is in identifying the right business structure. The necessary legal compliances depend on the structure of the business, further the business structure must be compatible with the business that is ought to be conducted. Once the business structure is identified, they must ensure...

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THE REALM OF ONLINE FRAUD & CHEATING

In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well. The evolution of Information Technology gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of people using internet and new forms of technology, its misuse in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well. Cyber crime is distinct from...

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THE INSOLVENCY AND BANKRUPTCY CODE (IBC) 2016: A NEW ERA

The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11th May 2016, received Presidential assent on 28th May 2016 and was notified in the official gazette on the same day. IBC is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities. It paves the way for much needed reforms while focusing on creditor driven insolvency resolution.       The Insolvency and Bankruptcy code (Provisions of this Code to override other existing laws on matters pertaining to Insolvency and Bankruptcy): “An act to consolidate and amend the laws relating to re-organization and insolvency...

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