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Punishing Black Marketing & Hoarding of Essential Medical Supplies amid the Second Wave of Covid19

Here we will see laws against Black Marketing and Hoarding which is happening with respect to the essential medical supplies amid this Coronavirus pandemic. Then, we will see how we can register a complaint i.e. a criminal complaint against Black Marketing and Hoarding and what are the criminal defenses available to us in case we are booked under such laws. At last, judgement and order of the Court regarding Black Marketing and Hoarding of life-saving drugs oxygen cylinder, Favipirarvir, Remdesivir, Tocilizumab etc. Definition of Black Marketing and HoardingThe term ‘Black-Marketing’ has a very wide scope. It means illegal transactions of...

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Legality of Multi-Level Marketing (MLM) & Direct Selling Business in India: Lawyers Advice

With the growth of information technology, businesses also tend to follow the same trend up or down the business cycle. With more and more businesses moving online one area that has seen an exponential growth is Direct Selling. Direct Selling simply means selling of goods directly to the end consumers without the need of any intermediary or middleman. As per the reports of FICCI and KPMG in 2015, INR 75 Billion Market in India was of Direct Selling. There are two ways of Direct Selling: Single Level Marketing (SLM): In single level marketing direct sales are made in person to person...

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Enforcing an International Agreement for Outsourcing of IT Work & Services

Drafts are to be based on considering likely disputes, prevailing situation and laws: -In the case of an offshore outsourcing transaction, the enforcement of customer’s rights and remedies with respect to the agreement has always been a vital concern. In the case of India, it is extremely important that dispute resolution and governing law clauses are perfectly tailored to reflect the nuances of the legal system in India. It may be noted that model form clauses effective in other jurisdictions will not work efficiently in the Indian context. Now since, a party to an agreement related to India containing non-Indian...

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

An e-commerce entity has its Corporate Office in Gurugram, Haryana but according to the terms and conditions, all disputes arising shall be subject to the jurisdiction of the court, tribunal and forum in Bengaluru. In such cases, if the aggrieved person residing in Delhi has to file a complaint against the spurious product and ill refund policy of the e-commerce entity at his residence itself, the same becomes challenging. It is therefore important to understand, as to what needs to done if the person desires to file the complaint in Delhi itself. Now, under section 11(2) of the Consumer Protection...

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How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Jurisdiction of a court is its power/authority to hear the case and pass a decree. A court accepts all suits of civil nature unless expressly or impliedly it is barred as mentioned in section 9 of the Code of Civil Procedure, 1908. Whenever a suit is instituted in a court, the opposite party can challenge the jurisdiction showing that passing a decree in this court will cause a miscarriage of justice. Factors determining the Jurisdiction of a Court in a Civil Case or Civil Law SuitThe jurisdiction of the court can be challenged in four circumstances: 1) Court...

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Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

A civil trial is a lengthy procedure. To avoid multiplicity of proceedings and save the valuable time of the Honourable Court, counter-claim and set-off were adding to the Civil Procedure Code, 1908 by the Amendment Act of 1976. While set-off is considered as a defence mechanism where it is used as a shield, a counter-claim on the other hand is used as a weapon to sue the plaintiff. A counter-claim filed by the defendant is considered as a plaint and the plaintiff in the original suit is entitled to file a reply to the counter-claim in the form of a...

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Filing a Strong Written Submission in a Civil Case: Lawyers Advice

Before approaching the Court, the plaintiff shall send a notice to the defendant asking the defendant to provide the relief he legally owes to the plaintiff. If the defendant does not respond or fulfil the legal obligation provided in the notice, the plaintiff shall proceed to the next step which is filing the plaint. The plaintiff mentions the cause of action and submits it before the Honourable Court which accepts the plaint if it deems fit and then serves summons to the defendant. The defendant shall respond to the plaint with a written statement within thirty days from the date...

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Laws on Cyber or Online Defamation in India: Lawyers Advice

The growth and development of technology has brought substantial changes in the world. With the advent of the internet and social media platforms such as Facebook and Whatsapp, the number of criminals and miscreants in the world has increased. Internet gives the users freedom to publish and disseminate their opinions and thoughts in a much simpler and effective manner. However, this right has been exploited by various Internet users to defame an individual in the name of freedom of speech and expression. The term ‘online defamation’ means publishing of defamatory statement about an individual on Internet which can hurt the...

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