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Neeraj Kumar

GDPR AND ITS IMPLICATION ON INDIAN BUSINESS Finally, one of the most awaited regulations of EU came into process. To protect digital data privacy of any European subject it has been created, Rules have been re-written. On April 2016 GDPR was adopted by the European Commission and it had given a period of two years to all the digital data commercializing companies for preparation. It got enforced on 25th May 2018. This new regulation for data protection has been updated in conjunction with the personal data rules. European Union adopted this new regulation to match the speed of the digital data sectors. General Data Protection Regulation (GDPR) is enforced and it replaced the old Data Protection Directives of 1995. According to the European Commission it is not only an important but a necessary move to update and amend the old digital data regulation. It will be better that we should call it an evolution rather than calling it a revolution, because this new regulation just got Read More

Photo copy of the original from lower court is enough - A Step to curtail delay

Vedant Lakhotia

The Hon’ble Supreme court held in a recent judgment that when the records of lower courts are summoned by higher courts then the lower court may send only photocopy / scanned copy and retain the original copy. This will speed up the proceedings. If the revisional court /appellate court had summoned for the original record, then the court can keep photocopy / scanned copy of the same and return the original copy to the lower court forthwith. The original record should only be summoned when photocopy or scanned copy cannot serve the purpose. The above will atleast bring down the time required and would also prevent to a large scale the happenings of misplacing the documents. The time required would cut down to some extent as the scanned copies would come in to play. This move will demand clear scanning as because if the scan is illegible hen the courts will not be able to read the same properly and thus will end up in taking more time. This will mark the department to work Read More

How to protect yourself from the false accusation of Sexual Harassment?

Purbasha Roy

To answer this certain question, some other questions related to it are arising. They are: What is sexual harassment? What are rules under Indian laws? Is it satisfactory? What you can do? Legal proceedings Case laws related to it.   First, we need to take a look on what is sexual harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when either: The conduct is made as a term or condition of an individual's employment, education, living environment or participation in a University community. The acceptance or refusal of such conduct is used as the basis or a factor in decisions affecting an individual's employment, education, living environment, or participation in a University community. The conduct unreasonably impacts an individual's employment or academic performance or creates an intimidating, hostile or offensive environment for that Read More

Property Rights of women in India - The current scenario and evolution

Though India has become developed in every sense but the mental attitude towards the women or the females have still remained the same in case of inheritance of property. In earlier days mainly in the medieval period i.e. the Vedic era the women were treated at par with the male counterparts and had the right to inherit the properties of their husband. But suddenly the society started treating the women as the weaker sections of the society and with this came a baseless thinking that women cannot protect the property in the same way which the males can. This sudden change in contrast in regard to inheritance of properties by women continued for ages until the per-independence, where the British Government introduced a bill INDIAN SUCCESSION ACT 1925, wherein, the women were given some respect in regard to inheritance of property.  As per the section 33 of the said act the widow has been given right to charge the property of her husband in case of no lineal descendant until the Read More

Major Amendments In the Companies Act, 2015

Mayank Vats

This article talks about the various major amendments that have been brought to the companies act, 2013 through the Companies Act 2015. World Bank released a ranking of countries with reference to the ease of doing business on ten to twelve parameters such as the conducive  environment for commencing a business, enforcing contracts, resolving disputes etc. India was ranked 142 among the 189 countries of the world despite the fact that it is also one of the largest contributors to the world economy. Taking this into serious consideration the Ministry of Corporate Affairs in order to improve the rankings and remove the loopholes prevailing in the society introduced the Companies Amendment Act 2015 which received the assent of the President of India on 25th May, 2015. Some of the major amendments that were brought to the Companies Act 2013 through the Companies Amendment Act 2015 are as follows:- Amendment related to the Common Seal Prior to the amendment i.e. in the Companies Read More

Legal and Pecuniary Liabilities of Designated Partners of LLP.

Vedant Lakhotia

In India, the concept of Limited Liability partnership is very new and we have a governing Act for the same. The governing act is The Limited Liability Partnership Act, 2008 (No 6 of 2009). The act demands the presence of minimum two (02) individual persons as Designated Partners, and out of the two, one is to have permanent residency in India. In order to be come a designated partner, the person has to comply with the formalities as prescribed under the Act. The LLP has also some regulatory and compliance procedures to be done within 30 days of appointment of such Designated Partners. The pecuniary liabilities of a designated partner as set out under section 8 of the Act, outline that, the designated partner shall be responsible for all the compliance as demanded under the provisions of the said Act from time to time. The responsibilities are not limited to only filing of documents, returns or statements under the Act but also cover the responsibility as specified in the Read More

Procedure For Increasing Share Capital Of a Company

Mayank Vats

A company upon its inception or incorporation records the foundation upon which it is built which means that it records the objectives that it has, founding members and importantly its authorized share capital in its charter documents. All the things, figures are recorded in the documents that a company holds. The definition of the “Authorised share capital in the Companies Act, 2013 has been enumerated as the maximum amount of the share capital as authorised or which is authorised by the company's memorandum i.e. the maximum value of the shares that the company may issue or in other words “authorised capital” or “nominal capital” to mean the maximum amount of share capital, as authorised by the company’s memorandum i.e. the maximum value of shares the company may issue. What this denotes is the maximum value of securities that the company can issue in a legal manner. Which means that the authorized share capital is the maximum value that a company can hold. It is a Read More

Recent Changes in the ADR Practices And Introduction to the ADR Act

Mayank Vats

These days the trends and the practices of the Alternative Dispute Resolution are changing and they are more focused on reducing the burden of the courts and the Judiciary. The trends of having tribunals have been commenced long back with the cases such as L. Chandra Kumar v. Union of India and others, but the point to be considered is that what are the kinds of problems that one faces when it comes to the Arbitration and mediation of the cases in the real world. The most important of them are as follows: Insertion of Section(s) 29A and 29B to the ADR Act 2015 Theoretically, there have been new insertions of Sections 29A and 29B to the act which addresses the criticism of the arbitration regime. In these sections, the amendments basically focus on the arbitration tribunal giving the award or the compensation within 12 months from the date it enters upon reference plus the 6 months time with reference to the extension of time by the consent of the parties. Also while extending the Read More

An Overview of India's Sociological and Economic Growth in the last Twenty Five Years

Mayank Vats

Introduction India has been a country with great pride and honor from the commencement of the heroic independence that it gained. Less known are the facts of reality and the trouble that everyone has been through in those days. The depictions of pain, separation during the partition are just an insight into the horrendous massacre that happened. However, the development that India has shown since Independence is skeptical in many ways no matter how heroic and brave it has been portrayed in the eyes of the International world order. This article criticizes the growth India has been following giving a reality check into what it actually is rather than giving facts that are already known. The economic growth of India begun many years ago when most of us were not even born and therefore it has stages of development where different political entities focus on different methods of economic goals. Today India is the third largest economy in the world as per the studies till 2016 are Read More

Euthanasia and all that we should know.

Purbasha Roy

EUTHANASIA and all that we should know. The meaning of euthanasia is the painless killing of a patient who is suffering from an incurable and afflictive disease or is in an irreversible coma. In one word the meaning of this word is ‘mercy killing’ or ‘assisted suicide’.   SUPREME COURT JUDGEMENTS The Apex Court in 2011 had recognised passive euthanasia in the Aruna Ramchandra Shanbaug Vs Union of India & Ors (on 7march, 2011) case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. The bench was hearing a PIL filed by NGO COMMON CAUSE, saying safeguards were needed while taking a decision by medical boards to withdraw life support of a terminally-ill patient. The Supreme Court of India recognised a “living will” (meaning, a written statement detailing a person's desires regarding future medical treatment in circumstances in which they are no longer able to express informed Read More

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