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Government of India

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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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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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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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Significance of Due Diligence: Pre Investment Stage

Due Diligence is a form of research or investigation conducted by an investor to ensure that the reasonable verifications and precautions are taken to identify or prevent foreseeable risks before they invest their money in the concerned Company or business. Due Diligence is basically a background check on the current status of the Company, the risks associated with it, and also a critical study on the consequences of the business. It is essential for the buyer to determine the genuineness and the legitimacy of the Company and the ownership of its assets and also the existing and potential liabilities...

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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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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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Multi-Level Marketing (MLM) in India: Legality Check

Multi-Level Marketing (MLM) is a business model which has remained in a grey area and is yet to see a legislation or a law enacted clearing the air on the legitimacy of the Multi-Level Marketing (MLM) business and industry as a whole. Having said that, on Sept. 9, 2016 an office memorandum for advisory to all the State Government and Union Territories on “Model Guidelines on Direct Marketing” was issued by the Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs under the Government of India. The same can be termed as a first step taken forward...

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Coronavirus Outbreak & Liability of State to bring home struck Nationals

The 2019 Novel Wuhan Coronavirus (Covid-19) which originated from the Wuhan district of China has now spread globally and infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organisation (WHO) has no diagnosis till date and though the survival rate is quite high, yet stringent measures need to be taken both at the micro-level and the macro-level to fight the virus. Owing its similarity to the SARS and the potential threat caused by it, the countries across the world evacuated its citizens stranded in Wuhan and...

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THE INSOLVENCY AND BANKRUPTCY CODE (IBC) 2016: A NEW ERA

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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