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Top Five Legal Challenges Faced by Online Courier and E-Commerce Shipping Aggregators in India: Lawyers Advice

Online Courier services as well as E-commerce shipping aggregators have over the years become favorites amongst the consumers and sellers. These are some of the few businesses that have benefitted from the ongoing pandemic due to their ease of use and need for social distancing due to which people prefer not to move out of the house. They have also received a massive boost due to the increased level of internet penetration, accessibility to smart phones as well as the digitization of services. However, like any industry, this industry too faces certain challenges and they are as follows: Lack of Clarity:...

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Forensic Evidence & its Evidentiary Value in a Criminal Trial: Lawyers Advice

Forensic evidence, also known as scientific evidence is information which is derived through scientific methods. With the advent of the industrial and technological age, the combined application of science and technology has changed the forensic identification game. However, some techniques although useful are violative of our fundamental rights. This article seeks to examine the evidentiary value of such forensic evidence in criminal trials. There are various types of forensic identification techniques which help recovering concealed information in a crime. A few examples of such identification techniques are – • Polygraphy (also known as the “lie-detector” test),...

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Evidentiary Value of a Ballistic Report in a Criminal Trial: Lawyers Advice

Under the Indian Evidence Act, expert opinion can aid a judge in order to form an opinion on foreign law, science, art or even to identify handwriting during a case. A ballistic expert is someone who is an expert in the study of projectiles. Their help is taken in cases where guns/firearms are involved. This article examines the evidentiary value of such a report in criminal trials along with highlighting relevant judicial pronouncements as well. Ballistic experts work closely with police officers, members of the legal profession and the judiciary as well. The general fact behind ballistics is that, “No...

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Electronic Evidence & its Evidentiary Value in a Criminal Trial: Lawyers Advice

The 21st century has witnessed a massive evolution in the e-commerce sector, not only in India, but the entire world. While almost everyone has become an avid-user of technology, the courts in India have recognised this change as well. The success of a prosecution, especially during a criminal trial is largely based on the quality of evidence presented by them. Hence, this article seeks to examine the evidentiary value of electronic evidence in India, along with the stance of the Courts as of today. The two broad types of evidence are – • Primary Evidence– This...

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The new Consumer Protection Act of 2019 & its Impact on Herbal and Ayurvedic Medicines & Products: Lawyers Advice

Herbal and ayurvedic medicines are the oldest forms of medicines, facilitating a worldwide demand till today. Practitioners of these medicines are utilising e-commerce in order to reach a wider consumer base as well. Claims from the effectiveness and safety of these medicines are not backed with evidence or clinical data. Sometimes, consumers are denied basic knowledge, access to product information or even a basic prescription which would be provided otherwise. The recent Consumer Protection Act of 2019 provides consumers with a wider ambit of protection, while keeping in mind the current scenario of markets today as well. Hence, this article...

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The new Consumer Protection Act of 2019 & its Impact on Marketing Agencies: Lawyers Advice

The recent Consumer Protection Act of 2019 has brought about major changes to the consumer protection law in India, providing consumers with protection while keeping in mind the current reality and vast amount of goods are services being provided. The new Act incorporates an expanded definition of “consumer” including E-commerce websites in its ambit, introduces concepts such as unfair contracts and product liability, and provides for the establishment of the Central Consumer Protection Authority as well. While this Act has had an impact on multifarious aspects, this article aims to highlight its impact on marketing agencies specifically. Key Changes...

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The new Consumer Protection Act of 2019 & its Impact on Beauty Products and Cosmetics: Lawyers Advice

The cosmetic products in India are regulated under the Drugs and Cosmetics Act 1940 and Rules, 1945 along with labelling declarations by the Bureau of Indian Standards (BIS). Recently, the Consumer Protection Act, 1986 was replaced by the 2019 Act. The new Act of 2019 has been enacted with the aim of providing timely and effective administration and settlement of consumer disputes and related matters. While major changes have been introduced, this article seeks to examine impact of the Consumer Protection Act of 2019 on beauty and cosmetic products. Key aspects of the Consumer Protection Act of 2019 – This...

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Laws & Legal Procedure for a Sole Proprietorship Firm go ahead with Voluntary Filing of Application for Insolvency and Bankruptcy: Lawyers Advice

The Insolvency and Bankruptcy Code, 2016 has been revolutionary for consolidating and bringing forth a single law that governs insolvency and bankruptcy matters. It is segmented differently for the two categories, namely corporates, and individuals and firms. As regards filing of an application by a Sole Proprietorship for its insolvency and bankruptcy is concerned, it can do so by following the provisions laid down in Chapter III of Part III of the Code. It will come under ‘individuals’ since a sole proprietorship is not considered to have a separate legal entity. The same was emphasised in Miraj Marketing Corporation V....

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Laws & Legal Procedure for a One Person Company (OPC) to file for Insolvency and Bankruptcy: Lawyers Advice

The concept of a One Person Company (OPC) is such whose inclusion in the Companies Act, 2013, revolutionized the Corporate field. Section 2(62) of the Act describes it as a company that has only one person as its member. One of its most advantageous aspects lies in terms of the liability, which is limited. The flexible nature of an OPC is why entrepreneurs in their early-stage prefer it over Sole Proprietorship. OPC has been described as a Private Company in section 3(1)(c) of the Companies Act, 2013. And matters relating to insolvency and bankruptcy of such companies are governed by...

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Laws & Legal Procedure for Recovering Outstanding Debts & Unpaid Money: Lawyers Advice

At times money extended to a company or an individual becomes irrecoverable. And various provisions in the law provide for the recovery of such debts. Some of these important provisions that come to the rescue of creditors are listed below: Recovery of Outstanding Debt & Unpaid Money under the Negotiable Instruments Act, 1881The introduction of Chapter XVII containing sections 138 to 147 was done to improve the efficacy of banking operations. Another prominent reason was to prevent the payee from suffering on account of non-payment due to dishonour of cheque. On that account, Section 138 of the Act lists the...

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