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Legal Importance & Sanctity of Executing a Shareholders Agreement (SHA): Lawyers Advice

A Shareholders Agreement is essentially an agreement entered into between the company and shareholders, which enlist the rights and obligations of the shareholders. It is made with the objective of promoting and protecting investment in the company and establishing a fair relationship between the shareholders. It plays a huge role in governing how the Company is to be run. Shareholders Agreement contains certain important things such as- • The structure of the Company • Rights and obligations of the shareholders • Regulation on sharing and transferability of shares •...

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Legal Challenges faced by an IVF Clinic & their Solutions: Lawyers Advice

There has been rapid development in the medical sector, thereby leading to numerous medical inventions such as stem cells, human cloning, Assisted Reproductive Technologies (ART) etc. Infertility refers to the incapability to have a child and there have been numerous advancements in this field in the form of Assisted Reproductive Technology (ART). In Vitro Fertilization (IVF) is an essential part of ART and is essentially used as a treatment for infertility. However, it is still a growing phenomenon and not a lot of people come forth to seek treatment. This is generally a very expensive affair and there tends to...

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Legal Responsibility of Data Protection & Data Privacy of E-Commerce Websites & Portals: Lawyers Advice

There has been an exponential increase in the e- commerce market in India in recent years. Several government initiatives like Skill India, Make in India, Digital India, Innovation India and Start – up India have incentivised the setting up and carrying out of business activities on online platforms. Consequently, the Indian e- commerce sector is growing at an annual rate of 51 per cent which is the highest in the world. The term ‘e-commerce’ has been defined under Section 2(44) of the Central Goods and Service Act, 2017 as “the supply of goods or services or both, including digital products...

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Legal Precautions to be Undertaken before Executing a Transfer of Technology (ToT) Agreement: Lawyers Advice

In modern times, technology has become a vital component of the business process of most companies worldwide. Technology can be leveraged in various ways by a company in order to gain a competitive advantage over its competitors and to maximise profits. The transfer of technology is an important way through which countries that are developing can access technology from developing countries. There are numerous instances where a company cannot invest huge amounts of capital into research and development in order to create new technology. In such instances, the most feasible option for companies is to absorb/assimilate pre – existing technology...

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Top Ten Legal Solutions for Builders & Realtors for Delay in Delivery of Possession of Property: Lawyers Advice

The real estate sector in India has been plagued with over-supply, lack of creation of demand and deficit of finance i.e., liquidity and cash woes, other external and unforeseen circumstances. The situation has worsened during the times of COVID-19, where about 53% of the home buyers have deferred plans of home buying indefinitely. Realtors are often unable to deliver possession of property, due to uncontrollable circumstances, and thus it becomes pertinent to support and protect their interests.Top ten legal solutions for Realtors & Builders who are unable to deliver the possession of property on time are: Force majeure-Force Majeure clause...

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Top Ten Legal Tips for Entrepreneurs on the issue of Repayment of Bank Loan: Lawyers Advice

Entrepreneurs and small businesses run on loans, for effective operations. However, they are often faced with situations where it becomes impossible for them to make repayment. Thus, there are genuine defaulters and fraudulent defaulters. It becomes pertinent for businessmen to understand the solutions that lay before them on the account of non-payment. Top ten legal tips for Entrepreneurs for the repayment of their bank loans are: Receipt of a Mandatory Notice-A notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002, mentioning the amount payable and the secured asset intended...

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Documentation & Procedural Aspects in Obtaining Environment Clearance Certificates: Lawyers Advice

Recent studies show that India lies on the precipice of a start – up boom and is home to the world’s third fastest growing start – up ecosystem. This is due to the various initiatives that have been taken by the governmental authorities to promote and endorse start-ups and other businesses.Article 48 of the Indian Constitution, directs the State to “…endeavour to protect and improve the environment and safeguard the forests and wildlife of the country”. In pursuance of this mandate there are several environmental safeguards and procedures that are to be followed to obtain environmental clearance before setting up...

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Enviro Legal Challenges faced by Entrepreneurs before launching their Product in India: Lawyers Advice

India is one of the fastest growing economies in the world. Initiatives such as Make in India, Start – Up India Action Plan, E- Biz Project, etc., have served as an impetus to the growth of business activities within the country. There have been several efforts that have been taken by the authorities in order to streamline the process of obtaining environmental clearances, but in spite of these measures there still exist difficulties in the implementation of compliance measures by officers within the businesses. This article will help to highlight the nuances of environmental regulation and the challenges that ensue...

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Fair Usage of Content & the Copyright Laws: Lawyers Advice

Copyright is an essential aspect of intellectual property rights, which gives the owner or author of an original work the right to exploit his work and license it and prevent other people from copying it. This is done to ensure that the author is the sole owner is author unless he/ she chooses to sell the work or license it. However, there are times when such copyright is disregarded and people copy the works of other people as well as exploit it. This leads to an infringement of the copyright of the owner. Recently there have been numerous instances whereby...

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Legal Rights of Journalists, News Anchors & News Channels: Lawyers Advice

The primary aim behind Journalism is to provide the people with news, views, comments and information on matters that are of public importance in a manner that is fair, unbiased, accurate and decent. However, the influence of media extends to a large variety of people and helps in shaping their views and thoughts and thus, it becomes even more important to include proper information and not lose sight of the privileges, duties and obligations that are prevalent and existent with the media personnel’s. However, in order to enjoy the privileges granted to the media, they have to adhere to certain...

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