IT Contracts and Sweep Clauses

Sweep Clauses are called so, because they, like a broom, sweep in more responsibilities for a service provider. More than what they actually intend to deliver. Sweep clauses are like icebergs. What we see in the SOW and Schedules are just the tip of the iceberg and while actual delivery the real matters come out.   As with an iceberg so with the sweep clauses too, the Service provider meets with an eminent danger of delivering more than it can thus causing financial losses and sinks the revenue ship for that deal.  One has to really be cautious while preparing the SOW and Schedules for Service Agreement or else will end up with a sinking ship. What role does a Sweep clause play? Certainly, it does not play a positive role in regard to a service contract that we have in place. Initially it does bring all those items to our plate which we did not agree to deliver. And in the process of delivering the agreed and not agreed deliverables we start straining our relationsh... Read More

Financial Concepts for Inhouse Legal Counsel and Contract Manager

Chapter 1 - Introduction Lesson 1- Finance and it’s role. Business is all about money and money in business terms are euphemistically called as Finance which is nothing but better and sophisticated version of money. Actually, Finance has a bigger and more complex meaning and role than money. Money is just a nominal value or a unit of transaction whereas Finance is money plus management of money. The moment management gets associated with money it means the complete detail of money involved in a transaction, its history, present and future interpreted in multiple ways, ratios and features. Anh business person must have, to a certain degree, the understanding of finance as it helps in making big and small business decisions. Regardless of which department a person belongs to, he or she need to have a fair knowledge and understanding of some important concepts of Finance. And this hold true for lawyers as well, especially the lawyers who are employed with corporates as Inhouse... Read More

Our Constitution: An Embodiment of Indian Values

Prateek Arora

Introduction India is a Republic Nation and the President of India is the head of the nation. He/she is elected every five years. The provisions are written in the Constitution to guarantee Justice for all. No one can be discriminated on the grounds of caste, religion, and gender. Social inequalities on any grounds of caste, religion, and gender are strictly prohibited. Welfare for all citizens is the prime objective of the Government; besides, the government also needs to give special attention, particularly to the underprivileged sections of the society.   Guiding Values of the Constitution The important values of Indian constitutions are depicted in the following illustration – Liberty The Constitution provides every citizen a number of liberties and freedoms under Article 19 to 21, 21A, and 22. It is established that no unreasonable restrictions can be imposed upon citizens to regulate their freedom. Right to Freedom under Article 19 includes ? The r... Read More

Procedure of filing RTI – An Overview

Vedant Lakhotia

RTI as the name suggests in expanded form is “Right to Information”. This is fairly a new concept in India, in which the power has been delegated in the hands of the citizens to ask questions and get answers from public authorities. In general, all categories have been allowed except some which relate to the security of India. There are two modes by which citizens are allowed to obtain information through RTI: Offline Mode. Online Mode. Procedure of filing RTI: Offline Mode: As the name suggests, the information so required can be sought by sending a letter to the concerned authority. The steps involved in this mode are: The first and the foremost step is “Identification of the Government and the authority from whom the information is sought.” Example: Department of Legal Affairs if there is a grievance in relation to BAR Council of India The website of the department has to be searched for getting the information of the concerned PIO or in case no website i... Read More

Guidance to Effect Change of Name:

Vedant Lakhotia

In India, changing of name is a very common factor. It is an old standing custom to change the name of the ladies after marriage. Now a days guys have started voluntarily changing their names and it is gaining a lot of popularity. Many big celebs have also changed their names and the common people are walking on their footsteps. A guide to successfully complete the task is enumerated below: The first step is to create an affidavit. It is recommended that the same may be sworn in before the Judicial Magistrate of First Class. However, an affidavit sworn in before a Notary public is also valid. The next step is to make public announcement. An advertisement in newspapers is required to be given (One English and One Regional). The third and the last step in this process is the Gazette Notification. There are two types of Gazette in India. Thy are: State Gazette Central Gazette A gazette notification is the most important and the critical step in the entire process.... Read More

All About Sweat Equity and the Legalities to be Followed for Sweat Equity Issuance.

Introduction   It is a well-known fact that the combination of ownership and participative work force is a powerful competitive tool that works mostly in favour of the organizations. It can also be said with certainty that when ownership and participative employment are combined, substantial gains result. The possible way to achieve this is by granting of ESOPs and Sweat Equity.   ESOPs, “Employees Stock Ownership Plans” or "Employees Stock Options Plans" is the generic term for a set of instruments and incentive schemes provided to the employees of a company to motivate, reward, remunerate and to retain them. These are rather modern way of motivating employees as against the age-old method of compensating the employees with salaries alone. It is now an accepted practice for large entities to remunerate their employees, apart from salary, by the way of granting options to the employees to acquire the shares, hence a portion of the ownership, of the company for whi... Read More


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 dilig... 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 in... 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 entit... Read More

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