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Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

While the Insolvency and Bankruptcy Code, 2016 is just a couple of years old, the IBBI has commenced the individual insolvency process under the IBC as well. The Chairman of the IBBI, Ms Sahoo stated that this process has been categorised into three categories which are – Personal guarantors to corporate debtors, Proprietary and partnership firms, The rest of the individuals. By a notification dated 15 November, 2019 as of 1 December, 2019 the Central Government has brought into effect Part III of the IBC, 2016. This article aims to examine the effect of insolvency proceedings of personal guarantors to...

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Laws & Legal Procedure for Voluntary Liquidation of One Person Companies (OPC): Lawyers Advice

The Insolvency and Bankruptcy Code, 2016 not only enables the insolvency proceedings of the insolvents but also contains provisions for solvent entities that want to themselves surrender their and refrain from carrying on their business. This article deals with the legal procedure for such voluntary winding up/liquidation of One Person Companies under the IBC. Governing Laws & Statutes – The Companies Act, 2013 – As per Section 2(62) of the Act, a one-person company is defined as a company which has only one person as member. The Insolvency and Bankruptcy Code, 2016 – • Section 59...

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Initiation of Insolvency Proceedings by Sole Proprietorships under the Insolvency & Bankruptcy Code (IBC) of 2016: Lawyers Advice

The recent conflicting decisions of various benches of the NCLT in India have created ambiguity and confusion as to whether sole proprietorships are covered under Section 3 (23) of the IBC as “persons”, a derivative which determines if they can initiate insolvency proceedings. Hence, this article seeks to examine and elaborate on the same. Sole proprietorship is a form of a business organisation which is owned and managed by one person. These firms aren’t regulated under any one law, thereby making them one of the simplest in terms of registrations and compliances. The Insolvency and Bankruptcy Code, 2016 – •...

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Laws & Legal Procedure for Unregistered Partnership Firms to File for Voluntary Winding-Up: Lawyers Advice

Unlike English Law where registration of partnerships firms is compulsory and a penalty is imposed upon registration, the Indian Partnership Act, 1932 doesn’t make registration compulsory. However, the legal effects of registration and non-registration vary. This article seeks to examine the legal procedure for unregistered partnerships firms to file for voluntary insolvency under the IBC. Before elaborating on the procedures and options available to unregistered partnership firms, it is crucial to analyse the governing statues and the respective sections for a better understanding. They are as follows – The Companies Act, 2013 – Sections 375-378 deal with winding up of...

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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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