Posts Tagged: act

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Are Prenuptial Agreements Valid in India?

Prenuptial agreement (prenup) is a contract of European roots that is garnering its place in many other regions of the world. In its classical European philosophical sense, the contract is represented as a measure of precaution that secures the assets of both the husband and wife. In India, the concept of prenups have resurfaced time-and-again and gained popularity, such as, when Maneka Gandhi recommended the Minister of Law and Justice for the establishment of prenups as mandatory before the act of marriage. However, the legality of prenup agreements in India is a dicey road.

Recent Updates

How to file a Case in Consumer Court?

India is home to crores of consumers indulging in the market space, which ranges from small necessity products like food and beverages to luxury products like a television or a car. The Consumer Protection Act of 2019 came into effect to protect the interests of such consumers and to efficiently solve the disputes relevant to them. The process of filing a consumer court complaint has been made very convenient and fast-track for satisfaction and redressal to the consumers.

Recent Updates

10 Tenancy Laws Every Landlord & Tenant Should Know

Indian government has established and approved the Rent Control Act, 1948 for the purpose of controlling rental costs and protecting tenants' rights against arbitrary eviction. Landlords and tenants have specific rights that are protected by this law, which is enacted by the state's government. A few things a landlord and a tenant have to keep in mind while dealing with the process of renting out property, which includes written agreement, the amount of payable rent, security deposit, conditions regarding damage to the property during tenancy and so on.

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What is UCC? Why the Delhi HC said it's time for a common-law?

The Uniform Civil Code (UCC) is a set of laws which would be applicable to all the citizens irrespective of their religion in matters including marriage, divorce, inheritance, adoption. Uniform Civil Code is defined in the Constitution of India under Article 44 of the Directive Principles of the State Policy.

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How does cybercrime cell work in india?

Did you know that India loses five times as much in online frauds compared to burglary and theft, with some cities, registering more cybercrime cases with the police than the conventional crimes like murder, theft, burglary? In addition to the cybercrimes that have targeted the Indian consumers, businesses and government agencies, there are various other types of “insider” cybercrimes that have been reported in the country as well. Factors including the country’s increasing digitization, the position as a global outsourcing hub makes India a continuous cybercrime target. This has led to Indian consumers and agencies becoming a victim of high-profile international crimes. However, it should not be forgotten that India also generates a number of cybercrimes that affect Internet users all over the world.

Legal

Attorney-Client Privilege in India

Attorney-Client privilege refers to a client’s right to refuse any disclosure of sensitive information and to prevent the attorney from disclosing the information to a third party. In other words, it is a type of understanding between the attorney and the client where any information shared by the client to the attorney cannot be further disclosed to any other person, by the attorney.This essentially refers to the rights available to the client for the protection of their own interest.

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Can WhatsApp Chats be used as an Evidence?

With the advent and widespread use of electronic means to facilitate business, it is very crucial to understand the position of enforceability of such transactions in India’s Court of Law, especially the admissibility of electronic records as evidence. Majority of the businesses conduct their meetings or deals via virtual platforms like e-mails or even on messaging apps such as Whatsapp. However, it is important to understand how electronic records of conversations and documents shared on platforms like Whatsapp should be preserved and protected in order to produce them as evidence in the Court of Law. Two laws governing the electronic records are

Recent Updates

Rafale Deal Controversy: Procurement of 36 Rafale

The much-hyped multi billion Euro Rafale Deal which is considered as a gamechanger for India arrived in India as the first batch of five rafales out of 36 ordered landed at the Ambala Air Base on July 29.

Legal

Force Majeure Clause:Understanding the Importance of this Clause

During the COVID-19 pandemic, two things were mostly talked about: Remdesivir, a medicine, and Force Majeure, a contract's clause. While Remdesivir captured headlines for its potential in combating the virus, the Force Majeure Clause quietly played an important role in protecting business deals, offering a remedy for contractual chaos caused by lockdowns, supply chain problems, and financial trouble.

Macro Moves

Reality of Coronavirus Test in India: Covid-19 Update

Confirmed Coronavirus cases in India is still less than many other countries. Is it because of lesser tests being conducted? Besides being the largest bird, Ostrich is also known for its special characteristic to ignore adversity. And the way it does that is even more weird. Whenever an Ostrich senses trouble, it buries its head under the sand (or in the ground if possible) and this way it feels safe. The key here is that the trouble isn’t actually going away but the Ostrich is feeling safe although it actually isn’t. Is this safe for the Ostrich? Not at all!

Legal

Changes in the Motor Vehicles Act

The Parliament of India passed the new Motor Vehicle Act in July 2019, and it ensured that it is all over the news once it came into force on the first day of September.

Legal

What is The Motor Vehicles Act, 1988?

The Law relating to Torts is based on the principle that every injury should have a remedy. The concept of compensation and providing damages step in at this very instance. “Compensation” is defined in Oxford dictionary as something signified to be given in recompense as opposed to the “damages” which is a value estimate.

Legal

9 Best Practices on Contract Vetting

If you look at two different agreements for similar purposes, let's say two sale purchase agreements or two credit agreements, you will find them to be similar to quite an extent. On the surface, drafting agreements seems like an easy job once you know the format and essential clauses.

Legal

Intricacies of the Employee Contract

One of the first agreements that people enter into as adults mostly include employment agreement. It is natural to have limited knowledge of how the agreements work, let alone the employment agreement. This gives rise to a certain fear while signing because well, the agreements tie you into liabilities. In general practices, the employees are restricted by such agreements to mandatorily serve for a certain amount of time. There are other obligations as well, which are brought upon the employees through the employment agreement. It is important to analyse any agreement before signing it. Therefore, we have decided to quickly explain the important parts of every employment agreement, which is currently in practice with modifications according to different industries. If you look for certain clauses in the document, you shall be able to get a hold of liabilities the agreement is looking to put over you and make an informed decision.

Legal

Letter of Undertaking: How does it Work?

Letter of Undertaking (hereinafter referred to as LoU) can said to be a sort of guarantee that is issued by a banking entity to the concerned person for attaining short term credit from the overseas branch of an Indian bank. Such LoUs are not issued against retail transactions, but are employed in business or trade transactions.

Legal

Freelancing

Freelancing is working on contractual basis for various companies rather than working on a regular salary basis for one employee. They have the freedom to choose their assignments or projects and company they would like to be associated with.

Legal

Essentials of Valid Contract

A contract is the foundation of a civilised world. The law relating to contracts in India is contained in Indian Contract Act, 1872. A Contract is simply an agreement between two or more persons to do something. Each contract creates a binding duty on the contracting parties. The Indian Contract Act deals with the enforcement of these rights and duties upon the parties in India.

Legal

Rights and Liabilities of Landlords

Before renting a property, the landlord must create a rent agreement with the tenant. This agreement outlines the rights and responsibilities of both parties. Various laws govern the landlord-tenant relationship and provide ways to handle disputes. The landlord can evict the tenant on certain grounds, such as breaching the agreement or causing a nuisance.

Are Prenuptial Agreements Valid in India?

How to file a Case in Consumer Court?

10 Tenancy Laws Every Landlord & Tenant Should Know

What is UCC? Why the Delhi HC said it's time for a common-law?

How does cybercrime cell work in india?

Attorney-Client Privilege in India

Can WhatsApp Chats be used as an Evidence?

Rafale Deal Controversy: Procurement of 36 Rafale

Force Majeure Clause:Understanding the Importance of this Clause

Reality of Coronavirus Test in India: Covid-19 Update

Changes in the Motor Vehicles Act

What is The Motor Vehicles Act, 1988?

9 Best Practices on Contract Vetting

Intricacies of the Employee Contract

Letter of Undertaking: How does it Work?

Freelancing

Essentials of Valid Contract

Rights and Liabilities of Landlords

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