Insolvency and Arbitration
Two Paths, Two Proceedings – An Interpretation Web of Arbitration and Insolvency – Shikha Chandlekar In India, the relationship between Insolvency and Arbitration is quite contrasting as insolvency aims to centralize all the proceedings against a debtor to one jurisdiction hence giving proceedings in rem effect and thereby creating third party rights whereas arbitration
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Franchised Businesses and Legal Issues
FRANCHISED BUSINESSES AND LEGAL ISSUES This article discusses the most common legal issues faced by Franchised Businesses in India. Author – Charmie Africawala A. Introduction to Franchised Business A franchised business is one that is owned by an individual or group of owners (“Franchisee”) and offers a good or service that is branded by
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Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908
SUMMARY SUIT UNDER ORDER 37 OF THE CPC, 1908 This article discusses the law and process behind filing of summary suits under Order XXXVII of the Civil Procedure Code of India. Author – Jahnvi Shah A Summary Suit is a unique fast track mechanism for effectively enforcing a legal right since in these suits the
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E-Contracts in the Indian Ecosystem
CONTRACTS AND E-CONTRACTS IN THE INDIAN ECOSYSTEM This article discusses the law surrounding general and business contracts in India and their evolution With the increasing evolution in nature of business in India, it has become more than pertinent to ensure that business interests and relationships are legally protected by all the parties involved. To
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Dishonour of Cheques: Legal Provisions in India
DISHONOUR OF CHEQUE AND ITS LEGAL PROVISIONS IN INDIA This article discusses the law and jurisprudence around dishonour of cheques in India Author – Shikha Chandlekar Before we begin our discussion, it’s important to understand that what is a cheque and where does it draw its powers from. The cheque is a negotiable instrument
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Rights of Women in India
RIGHTS OF WOMEN IN INDIA This article lists out some important laws which preserve the rights of women in India 1. RIGHT TO EQUAL PAY The Equal Remuneration Act, 1976 is a gender-neutral legislation which says that both men and women are entitled to the same salary for the same work. It ensures that men
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GST on Ocean Freight
GST ON OCEAN FREIGHT (M/S MOHIT MINERAL VS. UNION OF INDIA) Author – Charmie Africawala This article discusses the jurisprudence around application of GST on ocean freight with regards to the recent Supreme Court judgment in the case of M/S Mohit Mineral Vs. Union Of India, and refund of the IGST amount already paid by
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The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 Author – Jahnvi Shah This article throws light on the new IT Rules of 2021 vis-à-vis the IT Rules of 2011 The Ministry of Electronics and Information Technology (MEITY) has formulated a new Information Technology Rules 2021 (“IT Rules, 2021”) to abolish
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An Insight into Mediation
MEDIATION – A DISPUTE RESOLUTION PROCESS Author- Shikha Chandlekar This article discusses the importance of Mediation as a dispute resolution mechanism vis-à-vis the Mediation Bill, 2021 and its impact. Disputes are inescapable in every business and every dispute has three facet- people, process and problem. To have a dispute is not an issue but the
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