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Best and Experienced Lawyers online in India > Uncategorized (Page 46)
28 August
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Laws & Legal Procedure for a Sole Proprietorship Firm go ahead with Voluntary Filing of Application for Insolvency and Bankruptcy: Lawyers Advice

Posted by 360 Digital
in Business Laws, Corporate Lawyer, Legal Advisor, Recovery of Debts, Uncategorized

The Insolvency and Bankruptcy Code, 2016 has been revolutionary for consolidating and bringing forth a single law that governs insolvency and bankruptcy matters. It is segmented differently for the two categories, namely corporates, and individuals and firms. As regards filing of an application by a Sole Proprietorship for its insolvency and bankruptcy is concerned, it can do so by following the provisions laid down in Chapter III of Part III of the Code. It will come under ‘individuals’ since a sole proprietorship is not considered to have a separate legal entity. The same was emphasised in Miraj Marketing Corporation V....

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28 August
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Laws & Legal Procedure for a One Person Company (OPC) to file for Insolvency and Bankruptcy: Lawyers Advice

Posted by 360 Digital
in Business Laws, Corporate Lawyer, Legal Advice, Recovery of Debts, Uncategorized

The concept of a One Person Company (OPC) is such whose inclusion in the Companies Act, 2013, revolutionized the Corporate field. Section 2(62) of the Act describes it as a company that has only one person as its member. One of its most advantageous aspects lies in terms of the liability, which is limited. The flexible nature of an OPC is why entrepreneurs in their early-stage prefer it over Sole Proprietorship. OPC has been described as a Private Company in section 3(1)(c) of the Companies Act, 2013. And matters relating to insolvency and bankruptcy of such companies are governed by...

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28 August
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Laws & Legal Procedure for Recovering Outstanding Debts & Unpaid Money: Lawyers Advice

Posted by 360 Digital
in Corporate Lawyer, Legal Advice, Non Performing Asset NPA, Recovery of Debts, Uncategorized

At times money extended to a company or an individual becomes irrecoverable. And various provisions in the law provide for the recovery of such debts. Some of these important provisions that come to the rescue of creditors are listed below: Recovery of Outstanding Debt & Unpaid Money under the Negotiable Instruments Act, 1881The introduction of Chapter XVII containing sections 138 to 147 was done to improve the efficacy of banking operations. Another prominent reason was to prevent the payee from suffering on account of non-payment due to dishonour of cheque. On that account, Section 138 of the Act lists the...

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10 August
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Laws and Legal Compliances for Hosting Sports Tournaments in India: Lawyers Advice

Posted by 360 Digital
in Case Study, Legal Advice, Legal Advisor, Sports Law, Uncategorized

Sporting tournaments are highly revered, adored and viewed in India, at all levels. Sporting tournaments in India have been around for a long time such as the ICC Cricket World Cup, Ranji Trophy, South Asian Federation Games and the Commonwealth Games. However, it is the more recent tournaments like the Indian Premiere League, Indian Super League, Pro Kabaddi League that have attracted more viewership, have been commercially successful as well as served an effective method for providing opportunities to national talent. However, organising a sports competition, be it at the domestic, national or international level is a herculean task, made...

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10 August
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Laws and Legal Compliances for setting up Sports Academies in India: Lawyers Advice

Posted by 360 Digital
in High Court, Legal Advice, Legal Advisor, Sports Law, Uncategorized

An academy is a place of study or training in a special field. In a diverse country like India, a wide range of sports are played at the domestic, national and international level. India has therefore always had the need for Sporting Academies and has seen some famous ones. However, a lesser known fact is that in order to establish such sporting academies, there is a long and complicated procedure that needs to be followed. A sports academy may be registered as a Section 8 Company under the Companies Act, 2013 which provides for the formation of companies with charitable...

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10 August
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Legal Rights available to Women against Cruelty and Harassment committed by their Husbands on Foreign Soil: Lawyers Advice

Posted by 360 Digital
in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

When a court or other competent body legally dissolves a marriage then it is known as divorce. In a country like India, where marriage is considered to be a sacred institution, divorce is often perceived as the complete failure of the institution of the marriage. There is a lot of stigma attached to divorce and divorcees, especially divorced females. In a land as diverse as India, the divorce laws are varied. While Hindus, Buddhists, Sikhs and Jains may seek divorce under the Hindu Marriage Act, 1955, the Muslim, Christian, Parsi communities have their own set of laws. In case the spouses...

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10 August
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Role of Medical Evidence in a Criminal Trial: Lawyers Advice

Posted by 360 Digital
in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Supreme Court, Uncategorized

The interaction between medicine and law has been increasing over the past few years. The use of medical and scientific evidence plays a major role, especially during criminal trials to identify the accused and prove his/her guilt. This article discusses the importance of medical evidence and its admissibility in criminal cases in India today. Medical evidence is the proof given by medical experts, based on their scientific knowledge, skill and personal experience. In any criminal trial involving offences against the human body, the opinions of these experts play a huge role. Examples of types of Medical Evidences are –...

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10 August
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Laws and Legal Procedure to Report Online Cheating and Fraud: Lawyers Advice

Posted by 360 Digital
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

With the advancement of technology and widespread use of the internet, more so ever, today, one of the most prevalent crimes, Cyber Crime, has crept into our society. Due to the WFH culture, there has been a massive increase of these cases in our country. Hence, this article deals with the laws and legal procedures to report this crime. Although the term cyber crime has no legal definition, the Ministry of Ministry of Home Affairs/National Cyber Crime Reporting Portal, defined cyber crime as “Any unlawful act where a computer or a communication device or a computer network is utilised to...

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10 August
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Sole Proprietorship & the Insolvency and Bankruptcy Code of 2016: Lawyers Advice

Posted by 360 Digital
in Business Laws, Corporate Lawyer, Legal Advice, Legal Advisor, Uncategorized

Sole proprietorship is a specimen of a business being owned by a single person who carries an unlimited liability. Its foundation lies in the fact that there is no legal divide between the sole proprietorship and the proprietor. This implies it has no legal identity of its own. This is remarkably in contrast with say a company that has a separate legal entity, hence, can sue and be sued in its own name. This becomes a crucial concern when viewing matters related to insolvency and bankruptcy which is governed by the comprehensive Insolvency and Bankruptcy Code, 2016. Seemingly, a proprietorship...

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10 August
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Liability of a Proprietorship Firm under the Insolvency & Bankruptcy Code of 2016: Lawyers Advice

Posted by 360 Digital
in Business Laws, Corporate Lawyer, Legal Advice, Legal Advisor, Uncategorized

The views are conflicting on this subject matter by the varied NCLT benches that whether a proprietorship under section 9 of the Insolvency & Bankruptcy Code (IBC) of 2016 can initiate insolvency and bankruptcy. It is a well-settled law that sole proprietorship firm cannot sue and be sued on its name. A proprietorship firm is not considered a separate legal entity. In Miraj Marketing Corporation v. Vishaka Engineering and Ors, it had been held that insolvency proceedings can't be initiated within the name of an unregistered proprietorship firm, and not even a sole proprietorship firm can initiate an insolvency proceeding...

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