Posts Tagged: act

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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

The landlord (lessor) and tenant (Lessee) relationship begins when the lease agreement is signed or the tenant enters into the property whichever is earlier. A rental agreement refers to the relationship between landlord and tenant. It is an agreement in which the rights and liabilities of tenant and landlord are set forth, which is binding upon both the parties. In India the owner can rent his property only in two ways:

Legal

Rights and Duties of Tenants

Renting a place in India can be a very tedious task. With the spurting growth in job opportunities and need for a better lifestyle, people have started to move out from their hometowns and have started to occupy cities which offer them good opportunities. Therefore, the landlord-tenant legal relationship has become a big topic of discussions lately. The need for clear grounds of this relationship is quite an essential one because both the parties need to feel secure about their end of the transaction as the shelter is one of the most basic requirements. There are laws to secure this position so that neither party face violations of their rights. The tenants especially are given secured rights so that they are not prone to unnecessary threats of evection and hike in rent prices. They are, in return, supposed to observe certain duties for the benefit of the landlords.

Legal

Types of Contract

A contract is simply an agreement between two parties where an offer and acceptance to do or refrain from doing a particular thing along with some form of consideration or remuneration to be given on the fulfillment of the promise.

Legal

Website Development Agreement

A website development agreement is defined as a legally binding agreement between the client having a principal place of business and the developer. The parties’ intending to enter into the agreement exchange views relating to the basic concept of the client’s website and accordingly the developer prepares a draft of the website functionality and appearance. Where the service includes the development of a computer program such contracts are to be treated as contracts for the sale of goods.

Legal

Consultancy Agreement

A consultant is someone who has immense knowledge about any particular field say for example software development or human resource and could be hired by the company to solve their problems on a contractual basis. They are not included in the purview of employee and hardly provided any employee benefits. They basically work as an independent contractor so no principal and agent relationship could be established. They provide advice or other services as demanded by a company for a particular project within the said period of time.

Legal

Sale of Business Agreement

In this capitalist world, constant economic transactions are taking place. One of these important transactions is selling your business. While the sale of your business sounds like a simple enough deal, there is a lot of basics which has to be hammered out in this comprehensive document.

Legal

Freelance Agreement: Important Clauses

A freelance agreement is an agreement in which people are free to work at their own liberty for their clients. According to the dictionary meaning of freelance, it is serving one or more companies at a time on contract basis as opposed to working for a single company. The person who offers services to other people/companies is a freelancer. They do not work for one person but serve more than one person at a time on their own terms and conditions. Generally, they have expertise in a certain field/matter. E.g. if you visit a studio the person who clicks your photo is a freelancer. He is not your employee though he served you as he has expertise in photography, he served you on his own terms and conditions and he is not obliged to work for you. You are his client. There is a freelance agreement between you and the photographer for a photo.

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

Rights and Duties of Tenants

Types of Contract

Website Development Agreement

Consultancy Agreement

Sale of Business Agreement

Freelance Agreement: Important Clauses

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