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Joint Venture (JV) Agreements amongst the SMEs & Exports: Legal Advice

The coronavirus which has caused a global pandemic has not only raised serious questions with respect to the survival of the human race and mankind. The global pandemic has led to a record number of deaths in Europe as well as in the US and has drastically effected the global economies. Furthermore, in the wake of the global health and economic crisis and the sharp fall in the stock exchanges across the globe while there exists strong concern amongst the world economies with respect to not only a global economic slowdown but also global recession. There are several Multi National Corporations...

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Joint Venture (JV) Agreements amongst the SMEs & FDI in India

In the wake of the recent global developments and the focus of the world economies on the FMCG sector and especially the healthcare has changed the way people were living and thinking. The need has arrived to not only get products at a lower price but also to have a more credible and reliable product which comes from a source which has integrity and trustworthiness. In this entire issue, India fits as the perfect destination and Indians have come as the true global partners whom can be entrusted and trusted by the entire world. Thus, the time has come for...

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Legal Challenges in Outsourcing of Work

Outsourcing of Work is a very common factor these days as many Businesses and Corporations are outsourcing their work to third party vendors and service providers. The same is/are being done in order to tap the best talent available and to reduce costs on the training and development of the in house office personnel while getting the desired results. Having said that, even outsourcing of work comes with its own set of challenges and if not dealt properly by way of abundant precaution may prove fatal to the Corporation. At present we are discussing outsourcing of call center work...

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Manufacturing in India: Legal Perspective

With the advent of the “Make in India” initiative by the Modi government the Indian manufacturing sector has seen a revolution across all the industries and especially the industries and sectors which were more dependent on imports. Although manufacturing in India has its own issues with respect to the infrastructure and the workforce yet the same has its own set of advantages and the manufacturing sector in India has definitely a brighter side also. Few of the concrete changes which have been made by the Modi government in the manufacturing sector are: Following the Policy of Ease of Doing BusinessImproving InfrastructureDevelopment...

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Intellectual Properties (IP) Protection in India: Legal Perspective

The Intellectual Properties (IP) of an Entrepreneur or any Corporation involves innovation and a lot of research and development which involves a humongous amount of resources which includes time, money and energy. The innovation or the extension of a technological advancement plays a key role in the success of a business irrespective of its size and the number of years it has been in the industry. There are several Multi National Corporations (MNCs) which are either directly and/or indirectly have their products manufactures in India. The same is primarily being done as the cost of the human resource in India...

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Indiabulls Housing Finance Limited v. Deccan Chronicle Holdings Ltd. & Ors. (2018)14 SCC 783

M/s. Indiabulls Financial Services Limited (IBFSL) was granted a certificate to operate as a Non-Banking Financial Company (NBFC). The Appellant and IBFSL were sister concerns. The IBFSL had disbursed a loan to the Respondent borrowers by creating equitable mortgage over various properties. After sometime, the IBFSL got merged with the Appellant and the assets and liabilities of IBFSL stood vested in the Appellant. The Respondent borrowers had committed default in repaying the loans advanced even before the merger; loan recall notice was also issued. Subsequently, the loan accounts of the Respondents and were classified as non-performing assets (NPA). A notice...

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Baleshwar Dayal Jaiswal v. Bank of India and Ors., AIR 2015 SC 2881

In this case, there were two petitions which had been clubbed together, and a specific question of law was answered by the Hon’ble Supreme Court of India. The petitioners, who were the borrowers in this case had raised a contention before the Hon’ble Court that a certain provision in the Recovery of Debts due to Banks and Financial Institutions (RDBFI) Act of 1993, had to be included with Section 18(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002. This provision of the RDBFI Act gave powers to the appellate tribunal to...

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Vasu P. Shetty v. Hotel Vandana Palace and Ors AIR 2014 SC 1947

In this case, the borrower had taken a loan from Syndicate Bank for constructing a Hotel. Later, there was a default on the borrower in repaying the said loan. Subsequently, the bank took action in accordance with the rules of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 The bank took formal possession of the property which was mortgaged and had been given as a surety for the due discharge of the loan, and put it up for sale. The appellant in the present case was the highest bidder whose bid had...

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Force Majeure & Contracts: Indian Contract Act 1872

The World Health Organisation on March 11, 2020 characterized Covid-19 virus as a ‘Pandemic’, and has effected millions of lives across the globe. One of its effects is the inability faced by various businesses in performing their part of the contract. It is therefore incumbent to analyze the situation in the light of Force Majeure and the steps that can be taken by businesses to protect their interests. The term ‘Force Majeure’ has been from the French language and translates to ‘a superior force’. A force majeure can defined as an unexpected event or effect that could not be reasonably...

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Anticipatory Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Anticipatory Bail means a direction issued to release a person on Bail even before he is arrested. In this situation, there is an apprehension of arrest as the person is accused of a non-bailable offence. For such Bail, a person can file an application under Section 438 of the Code of Criminal Procedure (CrPC) which is issued only by the Sessions Court and High Court. According to Section 438 of the Code of Criminal Procedure, 1973 the High Court or the Sessions Court may include directions or conditions depending upon the facts of the case as it may think fit including...

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