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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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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, 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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Marriage is a socially or ritually recognised union between spouses that establishes rights and obligations between those spouses, as well as between them and any resulting biological or adopted children and among in-laws and other family through marriage. It is the voluntary union for life of one man and one woman to the exclusion of all others. It is a social institution where husband has the responsibility to take care and maintain his wife. He cannot neglect his duties. But on this great institution a stigma called ‘dowry’ still exists. Women are ill-treated, harassed, killed, divorced for the simple reason that they...

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According of Mariam-Webster dictionary, an ombudsman is a government official appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials. An Ombudsman is an authority who is empowered to investigate individual complaints against public authorities, departments, etc.  The government of India has designated several Ombudsmen (sometimes-called Chief Vigilance Officer or CVO) for the redressal of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. The Government of India for individual policyholders to have their complaints settled out of the courts system in...

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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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Copyleft is a type of license agreement allowing the licensor or the user the legal liberty to use, modify, extend and redistribute a creative work and all its derivative works or forms (i.e. works based on or derived from it) against the popular mode of restrictive or condition licensing. The copyright holder grants permission to the public including anyone who may want to utilize the work to copy and redistribute it in the same or in a modified form with the conditions that all such redistributions make the work available in a form that facilitates further modification and use the same license as granted from...

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Trademark in India-Basics

Background In today’s time, a brand is synomous with a trademark as a recalling or recognizable sign, like the cursive “M” logo instantly is associated with the Mcdonalds franchisee or the olden “V on W” logo for Volkswagen. The need for exclusive association requires a legal framework with penalties and provisions for enforcing exclusivity and associations. A well-known Trademark in relation to any goods or services means a mark that has become synonymous to the substantial segment of the public, which uses such goods or receives such services such that the use of such a mark in relation to other goods...

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Maintenance under the Section 24 of the Hindu Marriage Act of 1955

The Section 24 of Hindu Marriage Act 1955 deals with Maintenance pendente lite and expenses of proceedings. The section provides for the payment of the alimony from the other spouse in condition that the other has no significant or independent means to support themselves. The section also stipulates the payment of such sum on an monthly basis from elapsement of sixty (60) days from the date of service of the notice on the spouse. The section espouses the need for the spouse to maintain a dignified life even after dismissal of the institution of the marriage and same has been...

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Insolvency and Bankruptcy Code, 2016-Basics

After a public consultation process and recommendations from a joint committee of Parliament, both houses of Parliament have now passed the Insolvency and Bankruptcy Code, 2016. Under the existing legal framework, the primary onus to initiate a resolution process lies with the debtor, and creditor may pursue separate actions for recovery, security enforcement and debt restructuring. The highlights of the code are summarized below: 1. Corporate Debtors: Two-Stage Process To initiate an insolvency process for corporate debtors, the default should be at least INR 100,000 (USD 1495) (which limit may be increased up to INR 10,000,000 (USD 149,500) by the Government). The Code...

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