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FDI Policy in India: Legal Perspective

Subsequent to the economic liberalisation reforms in the year 1991, the scope of Foreign Direct Investment (FDI) in India has been extended to foster economic development and thus, the Government devices the Indian FDI policy in a manner conducive for international investments. In India, the Foreign Direct Investments (FDI) are covered under the following legislations i.e. Foreign Exchange Management Act (FEMA) of 1999Foreign Exchange Management (Transfer or Issue of a Security by a Person Resident Outside India) Regulations, 2017Competition Act of 2002Companies Act of 2013Reserve Bank of India (RBI) Circulars, Guidelines, Rules & RegulationsGuidelines & Policies issued by the Government of India Further,...

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Medical Negligence in a Nutshell: Indian Legal Framework

The word “negligence” and particularly the term “medical negligence” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “negligence” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Talking about negligence as per civil law it has often been defined as the breach of legal duty by...

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Indian Startups & their Basic Legal Compliances

India is on a very fast pace of development not only in terms of its GDP but also in terms of its infrastructure and entrepreneurship. The population of the country consists of young and dynamic people who have now boarded on their journey and have been launching and incorporating new businesses which can been referred as “Start-up”. Each Start-up has to fulfill a lot of legal compliances i.e. statutory and non-statutory from the time of its inception and also during its working. The first and foremost requirement before a Start-up is to be clear about the nature and type of...

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Corporate Debt Restructuring (CDR) Mechanism in India

The idea of Corporate Debt Restructuring (CDR) was acquainted with the India when in the year 2001, the Reserve Bank of India (RBI) thought of specific rules to be trailed by banks and other money related organizations. The RBI expressed that the idea of CDR is a non-statutory and intentional procedure where if 75% of the lenders (by esteem) choose to help the organization, the other 25% of the lenders will likewise have the consent to help the organization through the procedure of CDR. The CDR is accessible just to those organizations which have numerous financial balances and has assumed...

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Basics of Corporate Debt Restructuring (CDR) Mechanism in India

The Corporate Debt Restructuring or CDR is a willful procedure under which banks and money related organizations help those organizations, who are confronting budgetary challenges because of inner or outside variables, to rebuild their obligations. It is noteworthy to mention that, Corporate Debt Restructuring or CDR is a non-statutory procedure. The rationale behind this system is to give opportune help to the organizations and restore them. Another thought process is to secure the enthusiasm of the partner, speculators, and different gatherings who are going about as moneylenders to such undertakings. CDR is accessible to those organizations which have profited credit...

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Ten most important factors considered by the Court before the Grant of Anticipatory Bail in India

Anticipatory Bail cannot be claimed by way of a right, however, the grant of Anticipatory Bail is an exclusive power which is vested before the Session’s Court or to the High Court. The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The following are the ten most important factors which are duly considered by the Court before the grant of Anticipatory Bail i.e. The nature and gravity of the offence committed by the Applicant who seeks Anticipatory Bail.The previous record of the Applicant who seeks Anticipatory Bail i.e. whether or not he/she is a law abiding...

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Laws on Arrest & Anticipatory Bail in India

The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The kind of relief that an anticipatory bail gives to an individual who expects that he may get arrested for a non-bailable offense then that individual may apply to either High Court or the Session's Court to get a relief for an award of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 (Cr. P.C.). The essential contrast between a request for anticipatory bail and ordinary bail-is that anticipatory bail is conceded before arrest and thusly it gets employable from the exact...

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Foreign Investments in India & it’s Inherent Benefits

In the last past five years there has been a steep increase in the foreign investments in India. These investments are being done by both the Individuals as well as the Corporations and ranges from investments made across different sectors i.e. Real EstateInformation TechnologyInfrastructure DevelopmentDefence & Ship BuildingTechnology Based StartupsSpace TechnologyE-Commerce & M-Commerce The foreign investments in India are being done because of the inherent benefits attached to it i.e. Stable GovernmentSafety & Security of Investments by way of Legislations, Government Interventions and Judicial DictumsEducated, Skilled & Talented ManpowerHigh Gross Domestic Product (GDP) & Economic Growth ProspectsBetter Return on Investments (RoI)Push for Make...

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Growing Business Opportunities in India: Legal Perspective

From the year 1991 and up-till today, India has witnessed a plethora of changes both at the macro level as well as the micro level in its economy. The same has led to a lot of small and micro level industries to flourish which specifically includes Startups, SMEs and the MSMEs respectively. Furthermore, changes have been brought in the legislations which deals with the business and commercial space which includes changes in the legislations with respect to the Insolvency & Bankruptcy, formulation of new rules for the protection and safeguard of the Intellectual Properties (IP), changes in the laws relating...

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Growing Business Opportunities in India: Legal Perspective

The coronavirus global pandemic has caused a widespread medical exigency across the globe which has even raised questions with respect to the survival of humans. Although there exists another potent threat which is directly associated with this global pandemic i.e. the global economic slowdown and global recession. In the recent times, with the Make in India initiative of the Modi government has made India stand out as a global manufacturing hub. Further, with the advent of the initiative towards the Startup India programme, there has been a rapid increase in the number of Starups in India across all the industries...

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