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DIVORCE NOTICE:-

Divorce among Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956 respectively.

HINDU MARRIAGE ACT,1955

Under the Hindu Marriage Act, 1955 there are two sections for Divorce.
  • Mutual Divorce U/s .13 (B)
  • Divorce U/s. 13
The Notice regarding divorce is the way where both the parties have one chance of reconciliation, or come in front and talk on issues and try to solve them.

Mutual Divorce under Section 13(B) of the Hindu Marriage Act: Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual Consent Divorce is the simplest way of coming out of the marriage and dissolve it legally. Mutual consent means that both the parties (i.e husband and wife) are agreed for a peaceful separation.

Divorce under Section 13 of the Hindu Marriage Act: Under this section, there are various grounds i.e. adultery, cruelty, deserting the other party for 2 years, conversion to another religion, unsound mind, mental disorder, etc. to file divorce.

Procedure for filing the divorce is that you may send a notice to the other party, stating the reason to file a divorce petition, asking another party whether they are ready to reconcile the issues. This notice should mention waiting period of 15 or 30 days in order to receive the revert from the other party. After the completion of the waiting period, if other party refuses to reply or is not replying then you can file a Civil case against him/her.

There is no compulsion to send a Legal Notice to the other party, you can directly file a case against him/her. The jurisdiction to file divorce may be the place the party resides, or they lastly resided together.

SPECIAL MARRIAGE ACT, 1954

Under the Special Marriage Act, 1954 there are two sections for Divorce.
  • Mutual Divorce U/s .28
  • Divorce U/s. 27
The Special Marriage Act, 1954 is an Act of the Parliament Of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under the Special Marriage Act are not governed by personal laws. It can apply in inter-caste and inter-religion marriages.

Now a day’s youth generation was getting married with their own choice and they prefer who has a better compatibility with them, rather than marrying someone who belongs to their caste or their religion.

All religions are equal and marriage amongst it should not be a big deal. Caste or religion is conferred on us by birth and not by choice. Thus, the Special Marriage Act is a special legislation that was enacted to provide for a special form of marriage, by registration where the parties to the marriage are not required to renounce his/her religion.

Under this Act, if any spouse wants to take a divorce she/he can file a case at any District Court. Explained in detail as below:

Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction.

  • (i) the marriage was solemnized; or
  • (ii) the respondent, at the time of the presentation of the petition, resides; or
  • (iii) the parties to the marriage last resided together; or 2[(iii a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]
  • (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]


(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

Before filing case, one legal notice of waiting period for 15 or 30 days be dispatched to the other party, in order to notify him/her whether he/she wants a divorce or is intending to go for reconciliation. If another party has replied within and he/she is ready for divorce then they can go for the Mutual Divorce. In case there are clashes in resolving problems and disputes between both, so you can file divorce on followings ground i.e. Adultery, Cruelty, desertion, imprisonment for seven years and more or unsound mind, or mental disorder respectively.


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Tenant Eviction Notice

Tenant can be evicted from the premises after considering the rental Laws of the India, the conditions prescribed in the rent agreement and valid reasons of the eviction. Tenant Eviction Notice is a way to remove the tenant from rented premise of landlord, before filing lawsuit.The landlord must give reasonable time to tenant to vacate the rented property by serving a written notice not less than 30 days or of a period as mentioned in the rent agreement.Notice shall contain valid reasons of eviction and it is advisable to get it drafted through expert property lawyer. It should contain the time and date by which tenant has to vacate the property.

The landlord can file the lawsuit in appropriate jurisdiction of court, in case of refusal of notice or not satisfactory reply from tenant.After filing the case court may send the eviction notice to the tenant to vacate rental property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.

Always remember that, don’ttakematters into your “Hand”

Without help of court and police, evictions are illegal in every state. Even if tenant is liar, deadbeat and causing physical damage to landlord’s property, landlords cannot do any of the following actions without court permission:-
  • Removing the tenant’s stuff from the property.
  • Removing the tenant or his family members.
  • Changing the locks or lock-out the tenant.
  • Shutting off essential utilities (electric, gas, water, etc)
  • Unleashing a family of skunks in the tenant’s basement (aka, harassment)

Eviction Notice Procedure:-

The eviction notice,considered valid only when it contains all the necessary requirements. It should indicate tenant name, date, reason and requires a response as per mention in notice.Eviction notice process also depends upon court jurisdiction and the various situations including time taken by the tenant for reply.

Types of Eviction Notices:-

  1. Notice to Pay Rent or Quit:- if tenant is not paying rent then landlord can give 10 to 15 days notice period. Law suit can be filed in case tenant is not paying rent even after receiving the said notice.
  2. Notice to Correct a Violation of the Lease or Quit:-if tenant violates the lease and rental agreement, landlord can give notice to the tenant with fix reasonable time to fix the violation. In case of failure by tenant Lawsuit can be filed by the landlord.
  3. Notice to Quit:-In this case landlord gives a simple notice to tenant to vacate the premises, failing which the landlord can move to the court with Lawsuit.

As mentioned above in detail, in case you are facing any issue with the tenant, legal notice is the option to be exercised before approaching the Court. Legato helps you in connecting with experienced lawyers who can assist you in drafting legal notice and even in filing lawsuit as a next step.


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Refund of Security Deposit

In India most probably peoples reside on a rental basis. Because of exorbitant rates of properties in metro cities like Mumbai, many people are in the form of traveller workers. Living as a tenant can be a comfortable deal but sometimes there are cases where the tenant has to face rental issues and other related problems like getting an unwarranted eviction notice, or rude behaviour and also Refund of Security. So, let us understand the steps for a refund of security deposit from the landlord.

If you want to vacate the rented premises or to the shift any other place, you have to inform the landlord before one month about vacating the premises and ask refund of security deposit. In case the landlord is not ready to return the security deposit, always give your landlord 30 days written notice when you decide to move and ask him regarding refund of security deposit along with a photocopy of security deposit receipt through Registered post Ad/ Speed Post via email or Courier. After receiving notice, if the landlord does not reply positively then you can file Civil Suit for money inform of deposit and a criminal case for Cheating and Criminal breach of trust Or Continue to live the premises without paying rent till the security money is adjusted.

CONTENTS THAT’S NEEDS TO BE CHECK

Provide your Forwarding Address to Landlord
Notify your landlord of your forwarding address in writing, regardless if he asks. In many states, if a renter doesn't provide a forwarding address then, landlords aren't responsible for the same deposit refunds.

Before Moving to check the list of Premise
Before moving from rented premise prepare the checklist of the things, that helps you to what charges if any, you'll be responsible for. Bring your move-in checklist for cross-referencing. If you disagree with damages you can ask the landlord for the same.

If you are living group/ friends
Most leases with multiple renters hold each individual fully accountable for the group as a whole. That means each renter is responsible for the full amount of the rent and any damages, regardless of who caused it. So make sure you're not stuck with the bill for your roommate's wild party that resulted in three holes in the wall. In some states, the security deposit is refunded in equal portions, regardless of who wrote the original check.

Charges?
Typically, damage charges can't exceed actual repair costs. Fees for items like carpet, which depreciate in value over time, should take normal wear and tear into account.

When you will get a security deposit?
(1)After completion of agreement period or when you vacate the rented premises.
(2) You'll receive a letter with itemized deductions that explains why some or all of your deposit is not being returned.

No Letter or Deposit?
What if the allotted time passes and you never receive a letter or a refund? Don't worry. These are steps in place to protect your rights.

  • A form of Request for Return of Security Deposit along with a photocopy, this is usually available from a local tenants association.
  • Send it to your former landlord via certified mail with a request for return receipt.
  • Keep the return receipt.
  • Wait seven days (from the date of receipt) for a response.

If your landlord doesn't refund the deposit after the seven-day notice, you can sue him in small claims court. If your landlord sends a letter on time saying he is withholding some or all of your deposit, but you think the amount is too high, you can still sue him in small claims court.


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Consumer Protection

Consumer Protection is always been very evolving sector due to increase in consumerism. In this outlook of business competition, the consumer is and will always be the king. In this scenario, it is very important to understand your rights as a consumer under the Laws of the Land.

In 1986, the Consumer Protection Act was passed for the better protection of the interest of consumers. It is the first and the only Act of its kind in India, which has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. The Act provides for consumer protection councils at district (district forums), state (state consumer redressal commissions) and centre (centre consumer redressal commissions) level.

Section 7 of the Consumer Protection Act, 1986 defines the word “CONSUMER”.It regulates the relationship between individual consumers and the business that sell or buy or avail, goods and Services.The act provides for the path of preventing consumers from frauds and scams of service and sales contracts, eligible fraud, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. Following are the rights to the consumers, as provided in the Act.

  • Right to Safety
  • Right to be Informed
  • Right to Choose
  • Right to be Heard
  • Right to be Seek Redressal
  • Right to Education

SECTORAL LAWS PROTECTING CONSUMERS IN INDIA

Besides the Consumer Protection Act 1986, various laws and Regulations in India protect the interests of consumers, some of which are:
  1. The Bureau of Indian Standard Act 2016: This Act contains provisions for establishing voluntary standards to bring under compulsory certification regime any article, process or service which it considers necessary from health, safety, environment, prevention of deceptive practices, security etc. point of view. Some provisions of this act have also been made for making hallmarking of the precious metal articles mandatory.
  2. The Legal Metrology Act 2009: The Act helps to weight and measure that is used for trade or commerce or for protection of human health and safety.
  3. The Essential Commodities Act 1955: The Act empowers the Government to regulate prices, production, supply, distribution etc. of essential commodities for maintaining or increasing their supplies and for securing their equitable distribution and availability at fair prices.
  4. The Food Safety and Standards Act, 2006: The Act envisages regulation of the manufacture, storage, distribution, sale and import of food to ensure availability of safe and wholesome food for human consumption and for consumers connected therewith.
  5. The Contract Act 1872: The Act binds people on their promises made in a contract. The Act also provides remedies available to parties in case of breach of contract.
  6. The Sale of Goods Act 1930: The act provides safeguard and relief to customers in case goods that are not complying with the expressed conditions and warranty.
  7. The Competition Act, 2002: The Act governs Indian competition law. It replaced the Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India.
  8. The Drugs and Cosmetics Act, 1940: The Act regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to the state quality standards.
  • The Agriculture Produce Act, 1937 provides grade standards for agricultural commodities and livestock products. The quality mark provided under the act is known as AGMARK-Agricultural Marketing.
  • The Consumer Guarantees Act, states that when a business supplies you with consumer products and any problem occurs, you can ask them to fix the problem under the Consumer Guarantees Act (CGA). This act applies for auctions, online sales, or an agent or broker who sells on behalf of someone as well. An online trader has to make it clear if they are in the trade.

In India, the rights of consumer protection are specified in the Consumer Protection Act, 1986. There are Separate Consumer Dispute Redress Forums set up throughout India in each and every district level in which a consumer can file his complaint in simple format along with nominal court fees and his complaint will be decided by the Presiding Officer of the District. The complaint can be filed by consumers for goods as well as of the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC).

Under the Consumer Protection Act, 1986, in case Consumer is not getting any refund, clarification, claims or good services, then he has a right to knock the door of the redressal forums. Consumers can file Complaint within 2 years from the date of action arise. In case of delay, he has to give a specific reason for it. If the Judge i.e the President and the members get satisfied with the reason for filing the complaint then and only then the matter is admitted. The consumer has a right to file the Complaint in a District Forum within the local limits were the cause of action arose or at the place of a branch of the Opposite party.


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CHEQUE BOUNCE NOTICE

Cheque bounce is very much common term we hear or experience in day to day life. As word suggests it is dishonor of the cheque issued. Cheque bouncing cases comes under Section 138 of the Negotiable Instrument Act, 1881 (the Act) and creates criminal liability, punishable with fine and imprisonment under the Act and under Indian Penal Code, 1960.

Meaning of Cheque:-

‘Section 6’ of said Act, says that, “A "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.”

Meaning of Cheque Bounce Notice:-

Cheque bounce notice is only intimation to the issuer that legal action will be taken by the cheque beneficiary in case of non-payment of cheque amount on an immediate basis. Cheque bounce is a condition arising due to dishonor of the cheque issued. Sending notice to the person issuing cheque, for the dishonor of said cheque is the first and foremost step to initiate legal case under the Act. Notice provides chance to the issuer of the cheque to make the payment good and so as to avoid the law suit. Recently, Parliament has passed The Negotiable Instruments (Amendment) Bill, for quick prosecution in case of cheque bounce. Under this, once lawsuit is filed, an order may be passed by the Court asking the payment of interim compensation to the complainant by the defaulter.

Things to be looked at while issuing Cheque Bounce Notice:-

  1. It must be in reference to Section 138 of the Negotiable Instruments Act, 1881.
  2. In case the defaulter if the Company then notice should give reference to Section 138 along with section 141 of the Act.
  3. Information regarding the cheque presentation.
  4. Reason for non-realization of payment.
  5. Information regarding the request made to the cheque issuer to make payment on an immediate basis.
  6. A notice must be sent within 30 days of return of cheque to the cheque issuer.

Methos of sending Legal Notice:-

  • It is always advisable to draft and send the notice by taking assistance of the legal professional so as to avoid any future issues, which may be caused due to lack of substantial content as per legal requirements. Generally notice needs to be on a plain paper or on the letterhead of the business/lawyers. Notice shall be duly signed and also sealed, in case sender is the Company. It needs to be dispatched at the address of the cheque issuer through Registered post AD/ Speed post/ courier . Sending notice through email is allowed if the sender is business entity. Cheque beneficiary/ Complainant can retain one copy (called as a OC Copy) of the notice with himself. Legal notice shall contain following details and information.
  • Name of the cheque beneficiary;
  • Name and address of the check issuer/s;
  • Cheque retun date;
  • Reasons for cheque return;
  • Request made to check issuer for immediate alternate payment; and
  • That it is issued as per the Sec. 138 of Negotiable Instrument Act
  • Reference of Section 141 also needs to be provided in case notice being issued to non-individuls

When Cheque Bounce Notice is Issued and Next Procedure?

  • The first condition is that cheque must be towards the liability.
  • Within a period of 6 months of validity of cheque, it should be presented by the beneficiary.
  • Due to insufficient funds/Stop Payment the bank must have returned the cheque.
  • Within 30 days of the receipt of information from the bank regarding the insufficiency of funds, demand is raised by the payee by giving a written cheque bounce notice for the payment.
  • Within 15 days of the receipt of the written notice of cheque bounce, drawer fails to make payment of the said amount then payee can file a complaint before a magistrate within 30 days.
  • A complaint has to be filed in such a state where the bank is situated.

In case, you forgot to send the legal notice within 30 days from the date when bank memo received at that time there is only one option, if the cheque is still within its validity period, he can again present the cheque to the bank for clearing the amount. If the cheque is returned unpaid for the second time, then this time he can issue a legal notice within 30 days from the date of the cheque being returned unpaid for the second time. [However, if the validity period of the cheque is already over, then this option cannot be exercised.


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Labour and Services in India

In India, there are different types of Act which are governed by state and central to protect and provide all facilities to the labourers. It is safeguarding the interest of workers as part of the fundamental rights of the constitution of India. Indian labour law makes a distinction between people who work in "organized" sectors and people working in "unorganized sectors". People who do not fall within these sectors, the ordinary Law of contract applies. The working people and their organizations include trade unions and employee unions, enforced by government agencies.

Labour is the amount of physical, mental and social effort used to produce goods and services in an economy. It supplies the expertise, manpower, and service needed to turn raw materials into finished products and services

The labour law is reflective of various struggles in the society, including employers cost capabilities, employees demands, health safety conditions, political pressures during a given point of time. Following are the few points:-

  • Working hours per day and week.
  • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work.
  • Employment of children, young persons and women. Rules for annual leaves, maternity leaves, sick leaves and casual leaves, etc.
  • Rules for employment and termination of service.
  • Unemployment
  • The minimum age for employment
  • Night Shifts for Men’s and Women’s.
  • Maternity production

Domestic workers in India

Child labour in India is prohibited by the Constitution, article 24, in factories, mines and hazardous employment, and that under article 21 the state should provide free and compulsory education up to a child is aged 14.

Sexual Harassment at the Workplace (Prohibition, Prevention and Redressed) Act, 2013

The Sexual Harassment at Workplace (Prohibition, Prevention and Redressal) Act, 2013 (SHW Act) was enacted by the Parliament to provide protection against sexual harassment of women at workplace and prevention and redressal of complaints of sexual harassment and for matters connected therewith. The SHW Act makes it mandatory for every organization having 10 employees and more to constitute an Internal Complaints Committee (ICC) to entertain complaints that may be made by aggrieved women.

The SHW Act also provides that the aggrieved women may in writing make a complaint of sexual harassment as the case may be within a period of three months from the date of occurrence of such incident. Further, in a case where the aggrieved woman is unable to make a complaint on account of her physical incapacity or Death, a complaint may be filed inter alia by her relative or legal heirs.


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TRADEMARK AND COPYRIGHT

Protection of Intellectual property repeatedly goes un-noticed by the business owners. Very few business or start-up owners understand the importance of safeguarding their Intellectual Property in long run. It is therefore highly very important for a business owner, a startup owner, a creative person or an inventor to have clarity about the concepts of Trademark, Copyright.

Trademark: A trademark is a symbol, logo, design, word, phrase, colour, sound or a combination of these which is used for the purpose of trading goods or providing services. It indicates the source of goods and services and distinguishes them from the goods and services of others. It provides individuality of rights to the use of a trademark in relation to the product or service

Procedure for Registration of Trademark

Documents can be filed by a person or through his duly authorized agent to the appropriate office of the trademark registry. The Registry must be in the territorial jurisdiction where the business is located. Documents must be a filed at the office personally through registered post Ad or by submitting Documents on their official website.

Documents must be a filed in Hindi or English, it must be handwritten or typed. It should contain the detailed information/contents of the business i.e. Name, the address for service of person, details, and grounds, etc.

Types of Trademark

  • Product Trademark
  • Service Trademark
  • Collection Trademark
  • Certification Trademark

Types of Trademark

Suit for infringement/breach/violation, etc., to be instituted before District Court.—
(1) No suit—
  • for the infringement of a registered trademark; or
  • relating to any right in a registered trademark; or
  • for passing off arising out of the use by the defendant of any trademark which is identical with or deceptively similar to the plaintiff's trademark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.

(2) For the purpose of clauses (a) and (b) of sub-section (1), a "District Court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or another proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. Explanation —For the purposes of sub-section (2), "person" includes the registered proprietor and the registered user.

Copyright: Copyright is a right given to the creators of literary, dramatic, musical and a number of other works of the intellect. It normally means that only the creator has the right to make copies of his or her works or prevents others from making copies. The basic idea behind such protection is the premise that innovations require incentives. Copyright recognizes this need and gives it a legal sanction. Copyright protects all of them.

Section 62 of the Copyright Act, 1957:

Jurisdiction of court over matters arising under this Chapter.—

(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a "district court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain. The Copyright Act, 1957 gives the rights, procedure, authorities established and relief modes under copyrights. It lays down a definition of copyright and states the types of works protected under this law i.e. literary works, dramatic works, artistic works, musical works, cinematograph films, and sound recordings.


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Corporate

The definition of corporate is something related to a business group or a business that operates as a single legal unit.

A corporation is a form of organization that has an existence independent of its owners. It has powers and liabilities of the separate and individual form of its owners. They can be organized for many purposes and can come in many ways.

Corporate Structure:-

  • How a business is organized to accomplish its objectives.
  • It determines the ownership, control, and authority of the organization.
  • There are three group of characteristics are represented: shareholders, directors, and officers.
  • Ownership belongs to the shareholders.
  • Control is exercised by the board of directors on behalf of the shareholders, while authority over the day-to-day operations is vested in the officers.

Limited Liability:-

If the corporation cannot pay debts, in this case, company assets must be seized and sold. But although you can lose your investment, the creditors cannot attach your personal assets (such as cars, houses, or bank accounts) to satisfy their claims.

Personal liability may also be imposed if the corporation does not comply with required legal formalities or fails to keep proper records.

Forming a Corporation:-

If you want to form a corporation, it is necessary to obtain a state charter. Here are some things to do before you apply:
  • Choose the state in which you want to incorporate, this will be your head office or where it conducts most of its business.
  • Choose and decide the Officers.
  • Although many states require at least two or three parties to form a corporation, they need not all be the shareholders.
  • Friends or family members to serve as the initial officers.
  • If you are the sole shareholder, you alone will control the corporation's activities.

Shareholders:-

In a corporation, a group of shareholders has shared ownership, represented by holding shares of common stock. Most business corporations are established with the goal of providing a return for its shareholders in the form of profits. Shareholders have the right to share in the profits of the business but are not personally liable for the company's debts. This concept is known as limited liability and is one of the main advantages of the corporation in a form of doing business.

Board of Directors:-

The board of directors is responsible for overseeing and directing the business of the corporation in the best interest of the shareholders. The key point here is an oversight; the board is not expected to actually operate the business. Rather, its purpose is to oversee operations, approve major plans, and monitor financial performance. The board generally performs the following functions:
  • Select, evaluate, fix the compensation for, and, when necessary, replace the company's chief executive officer
  • Oversee the business operations to evaluate whether the business is being properly managed
  • Review and approve major corporate plans, financial objectives, annual budgets, and strategies
  • Review the adequacy of financial accounting, auditing, and other systems to comply with applicable law

The board of directors is generally comprised of three types of people. The chairman of the board is technically the leader of the corporation, responsible for running the board effectively.

To prevent the concentration of power and information in one or a few individuals, boards are advised to have a balance of executive and non-executive directors, some of whom are independent.

An executive director is also an executive of the company, such as a CEO or CFO. A non-executive director is not a part of management and is valued for external perspectives and unique expertise.

“Non-executive” directors should meet in private regularly, without the presence of “executive” directors, according to governance experts.

Employees must be appointing any of Director to fix their salary.

Profit and losses are not always fixed in the corporation as they are always fluctuating in nature. It mainly depends upon the share market.


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STARTUP

There are no limits on who can become a great Business entrepreneur. You don't necessarily need a college degree, a bunch of money in the bank or even business experience to start something that could become the next major success. However, what you do need is a strong plan and the drive to see it through.

Things to remember and required to start a business/company.

1. Select a Name & Legal Structure:- There are 4 types of legal structure/organization, of which you can select any one of them.

  • Sole Proprietorship
  • Partnership
  • Limited Liability Company (LLC)
  • Corporation or S-Corporation

2. Start a Market Research:- Is anyone else already doing what you want to start doing? If not, is there a good reason why? Start researching on the thing what you have decided to start and collect the information, also contact the peoples who can help you in this matter.

3. Write your Business Plan:- A Business Plan is a written description of how your business will evolve and from when it starts to the finished product.

  • Title Page: Start with the name, the name of your business, which is harder than it sounds.
  • Executive Summary: This is a high-level summary of what the plan includes, often touching on the company description, the problem the business is solving, the solution and why now.
  • Business Description: What kind of business do you want to start? What does your industry look like? What will it look like in the future?
  • Market Strategies: Who is your target audience, and how can you best sell best to that market?
  • Competitive Analysis: What are the strengths and weakness of your competitors? How will you overcome them?
  • Design & Development Plan: What is your product or service and how will it develop? Then, create a budget for that product or service.
  • Operations & Management Plan: How does the business function on a daily basis?
  • Finance Factors: Where is the money coming from? When? How? What sort of projections should you create and what should you take into consideration?

Start learning as much as you can about the production, New thing, development of Busines/company, so you can improve the process and your hiring decisions as time goes along.

4. Obtain your Federal Employer Identification Number (FEIN): If you are set up as a Corporation, LLC or Partnership (or a sole proprietorship with employees), apply for a Federal Employer Identification Number (FEIN) from the IRS. A FEIN will be necessary to open a bank account or process payroll.

5. Open the Company Bank Account:- Select a bank and open the company bank account.

6. Lease Office, Warehouse or Retail Space (if not home-based):- Depending on your type of business (retail, office or warehouse), arrange for office space to be leased. Contacting a commercial realtor in your area can be helpful. Also, make sure to arrange for utilities and office furniture.

7. Obtain Licenses and Permits:-

  • A. Federal Permits: Depending on the type of business you are in, you may need a Federal license or permit.
  • B. State Licenses: Some occupations and professions require a State license or permit. Laws vary from State to State, however, if you are engaged in one of the following professions, you should contact the responsible state agency to determine the requirements for your business. State license and permits are based on the Products sold.
  • C. Sales Tax Permit: If your company sells physical products within the state where it does business, you may have to collect and pay sales tax. This is usually accomplished by obtaining a State Seller’s Permit or Resale Permit.
  • D. Business License: Most Cities or Countries requires you to obtain a business license, even if you operate a home-based business. This is a license granting the company the authority to do business in that city/county.

8. Hire Employees (if applicable):- If you intend to hire yourself or others as a full or part-time employee of your company, then you may have to register with the appropriate State Agencies or obtain Workers Compensation Insurance or Unemployment Insurance (or both).

9. Set up an Accounting and Record-Keeping System:- Setup your Accounting and Record-keeping system and learn about the taxes your new company is responsible for paying.
Company documents generally are required to be kept for 3 years, including a list of all owners and addresses, copies of all formation documents, financial statements, annual reports, amendments or changes to the company. All Tax and Corporate Filings should be kept for at least 3 years.

10. Obtain Business Insurance:- There are many types of insurance for businesses but they are usually packaged as “General Business Insurance” or a “Business Owner’s Policy”. This can cover everything from product liability to company vehicles. A decent policy can run as little as $300/year and offers a great extra level of protection.

11. Systemize and Organize:- Prepare the business as if someone needs to take it over and run it for you. These means have a method to process orders, pay bills, pay employees, pay taxes, maintain your permits, etc. Basically, try to make the operational aspect of the business as automated and efficient as possible so you can concentrate on growing your business.

12. Develop a Business Identity:- Order business cards, letterhead and promotional materials for your business. A professionally created logo can make your business look professional and established.

13. Get the Word Out (Marketing):- Now that you’ve set-up the company for success, you need to get the word out. Create a marketing plan for your products and services that target your ideal customer.


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SUPREME COURT OF INDIA

Supreme Court of India is the highest court in the Republic of India; it is a ladder of the court in many legal jurisdictions. Supreme Court is also known as apex court and the highest or final court of appeal. The decisions of a supreme court are not subject to further review by any other court, but their Orders are full and final and duty bound to all lower courts and can only be modified in some cases like death sentence by the President of India. It has several jurisdictions namely Original, Appellate, and Advisory.

Supreme court typically functions as an Appellate Court, which means hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. Supreme Court of India is located at New Delhi. The Supreme Court judges are appointed by the President of India, as per the guidelines of the Constitution Of India. These judges get retired at the age of 65. There are currently 24 judges including Chief Justice of India against a maximum possible strength of 31.

COURTS IN INDIA:-

  • Supreme Court
  • High Court of every state
  • City Civil and Session Court
  • Metropolitan Magistrate Court.
  • District Court.
  • Lower Courts

In India, the Supreme Court of India was created on January 28, 1950, after acceptance of the Constitution. Article 141 of the Constitution of India states that the law declared by the Supreme Court is to be binding on all Courts within the territory of India. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local by-laws). The Supreme Court is also vested with the power of judicial review to ensure the application of the rule of law.

FACILITIES OF SUPREME COURT OF INDIA:-

  • Display Board
  • Judge’s Library
  • E- Committee
  • Law Officers
  • Mediation and Conciliation Committee
  • Legal Aids
  • Important Links
  • List of Advocates on record
  • Notice and circulations.
  • Museum
  • E- visitors pass

Note that within the constitutional structure of India, Jammu and Kashmir (J&K) has a special status vis-a-vis the other states of India. Article 370 of the Indian Constitution is an article that gives independent status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution namely Temporary, Transitional and Special Provisions.

The principles applied by the Supreme Court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. The decisions of the Supreme Court are not necessarily binding beyond the immediate case before it; however, in practice, the decisions of the Supreme Court usually provide a very strong precedent, or jurisprudence consternate, for both itself and all lower courts. It is also known as the court of records, i. e. all judgments are recorded and printed. These are cited in lower courts as case - law in various cases.


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IMMIGRATION

Now a day’s India has been receiving large numbers of immigrants, mostly from the neighbouring countries and some from other parts of the world, and hence it needs to be seen as a major immigration country. The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provisions of the Constitution. The Constitution of India provides for a single citizenship for the entire country.

The provisions relating to citizenship are contained in Articles 5 to 11 in part II of the Constitution of India. Articles 5 to 9 of the Constitution determine the status of persons as Indian citizens at the Commencement of the Constitution. Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be enacted by the legislature. Under article 11, the Constitution expressly saves the power of parliament “to make any provisions with respect to the acquisition and termination of citizenship and all other matters relating to citizenship”. Article 5 states that at the commencement of this constitution, every person belonging to the following categories, who has his domicile in the territory of India, shall be a citizen of India:

  1. Who was born in the territory of India; or
  2. Either of whose parents were born in the territory of India;
  3. Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement

Article 6 of the Constitution provides for the rights of citizenship of certain persons who have migrated to India from Pakistan. Article 7 of the Constitution has made provisions for citizenship of certain migrants to Pakistan and Article 8 of the Constitution provides for the rights of citizenship of certain persons of Indian origin residing outside India

When a person enters a new country for the purpose of establishing permanent residence and ultimately gaining citizenship, it is called Immigration. Immigration Law constitutes a very complicated set of rules, regulations, and exceptions. But the residence of immigrants is subject to the conditions set by the Immigration Law. Every nation has specific laws to govern Immigration within it.

There are 86 Immigration Check Posts all over India, catering to international traffic. Out of these, 37 ICPs are functioning under the Bureau of Immigration, while the remaining are being managed by the concerned State Governments.

Immigration Law is the law which exclusively governs Immigration in a nation. For instance, a Government may in its discretion determine who it may allow in, and for how long, and who it may deport, the subject of course to internationally accepted basic human rights and principles.

The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provision of the Constitution. The Constitution of India provides for a single citizenship for the entire country.

So far as foreign citizens are concerned, Immigration Law is related to the Nationality Law of a national governing the matters of citizenship. International Law regulates Immigration Law concerning the citizens of a country. Hence, Immigration law refers to national government policies which control the phenomenon of immigration to their country.

What is Embarkation Form?

A departure card, also known as an outgoing passenger card or embarkation card, is a Legal Document used by immigration authorities to provide passenger identification and an effective record of a person’s departure from certain countries. It also serves as a declaration in relation to health and character requirements for non-citizens entering a particular country.

Typically the information on the departure card includes

  • Full name
  • Nationality
  • Passport number
  • Flight number or name of aircraft, ship or vehicle
  • Purpose of trip: vacation, education/study, visiting relatives/families, business, diplomatic
  • Duration of stay
  • Destination (next stop of disembarkation)
  • Address in country

VARIOUS ACTS GOVERNING IMMIGRATION INTO INDIA:

  • The Citizenship Act, 1955
  • The Registration of Foreigners Act, 1939
  • The Immigration (Carriers Liability) Act, 2000
  • The Passport (Entry into India) Act, 1920
  • The Passports Act, 1967
  • The Emigration Act, 1983
  • Foreign Contribution Regulation Act, 1976
  • The Foreigners Act, 1946
  • Foreigners Law (Application and Amendment) Act, 1962.


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All About Equated Monthly Installment (EMI)


An EMI or Equated Monthly Installment is a fixed amount payment made by a borrower to a lender at a specified date of every month. The monthly instalments are used to pay off both the interest and the principal each month so that after the specified number of years, the loan is paid off in full."

The benefit of an EMI is that they know exactly how much money they will need to pay for their loan each month, making the personal budget process easier.

An EMI is a financial term used for loan repayments. It is a quick and easy method to pay off the loan. When a borrower takes a loan from the bank or Non-Banking Financial Company (NBFC), the repayment of the loan is done mainly in instalments. The fixed financial instalments are known as EMIs. The amount of EMI depends on the principal loan amount, tenure and the interest rate. This monthly instalment is supposed to be paid on a fixed date to the bank by cheque or by electronically. 

How EMIs work?

EMI is a fixed payment of amount every month as part repayment of a loan or a purchase. It constitutes the principal amount to be paid along with a certain rate of interest. The interest depends on the amount borrowed and the duration for which it is borrowed. The principal element is lesser than the interest element in the initial period of repayment and the rate of interest will decrease progressively and the principal amount will increase over the period of repayment.

How to calculate EMI?

EMI calculators require a few factors/parameters to produce the desired results.
- Loan amount
- Tenure period
- Interest Rate
- Processing Fee (If any)


Following are the few advantages and disadvantages of the EMI scheme 

Advantages:

Freedom of Buying Expensive Utilities: EMI gives a chance to buy expensive utilities which one won’t be able to buy. EMI helps you to buy anything and everything, be it expensive household items, a vehicle, gifts, jewellery or a house. The consumers get a chance to divide the amount in monthly instalments and pay it off easily.

Easy to Repay: The borrower can pay the loan in instalments by opting for EMI. The amount is decided on the basis of the principal loan amount, time, interest rate and the borrower’s capacity of repayment. EMI makes it easier for the borrowers to pay the said amount in small portions every month. Hence they don’t have to pinch their monthly expenses to afford various utilities.

Flexible EMI Options by Banks: Many banks nowadays offer various flexible EMI options to the borrowers. The EMIs are decided as per the borrower’s needs. The instalment and tenure are decided by the borrower as per his or her convenience.

Affordability: EMIs gives the consumers the freedom to afford things that they won’t be able to make complete payments for. It lets the consumer make payments in instalments allowing them the freedom to purchase which they can’t make lump sum payments.

The absence of a Middleman: The EMI is directly paid to the lender and there are no hassles of a middleman.

Disadvantages:

Longer Duration of Debts: The borrowers have to pay the monthly instalments until they pay the principal amount and the amount of interest rate. In terms of a car loan or home loans, the tenure goes as long as 20 to 30 years. Which means a borrower spends almost half of his or her life repaying the loan. Which restricts the borrowers from buying any other utilities in.

No Early Repayment: If a borrower wants to pay back the loan earlier than actual duration by using extra savings or a bonus, banks do not offer an easy option to do so. Many banks and NBFCs charge an early repayment fee. Which makes it difficult further for borrowers to pay off the loan earlier even if they could.

Charges on missing EMIs: If a borrower misses or forgets to pay the EMI by the given date, the banks and NBFCs charge the borrower with late fees. Missing multiple EMIs may lead the borrower to face legal action and their collateral can be taken.

Extra Amount: The borrower has to pay an extra amount than the actual borrowed amount in the form of the interest rate. As the principal amount and interest rate are combined to form an EMI, the borrower can’t avoid paying this extra amount.

Additional Amount: Additional amount in terms of interest. One need not pay interest if the payment is made at once.

Penalty for Prepayment: Many institutions do not allow prepayment and in case they do there will be a serious penalty that one will have to bear for the prepayment.

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Procedure To Be Followed In Civil Recovery Proceedings


Step-wise Procedure to be followed in Civil recovery proceedings, In all eligible NPA accounts: 

1: Preparation of plaint - It should be ensured that the Plaint is made in the manner and as per legal requirements, it contains material facts, documents etc. Once the Bank files a Plaint, it will be known as a Plaintiff.

2: Remittance of court fees & filing the plaint - Court fee is calculated as per the Court Fees Act of each State. Court Fees Act prescribes the Court Fee depending on the subject matter of the litigation.

3: To complete process of service upon the Defendant/Defendants - The Court allots a serial number to the case once the case is filed, with a prefix indicating the type of the case, (Like "O.S" for "Original Suit"). The judge directs that a notice be issued to the Defendant/Defendants and also designates the next date. The Court then issues a "notice" to the Defendant/Defendants informing him that the Plaintiff has filed a case against him and instructing him to appear in the Court personally/through a lawyer on the appointed date.

4: Preliminary hearing - On the preliminary hearing when the Defendant/Defendants appears before the Court, then time is given to him to file the written statement, and next date of hearing is fixed for the Defendant/Defendants to file the written statement. Usually, a period of 30 days is allowed to the Defendant/Defendants. However, requests for grant of more time by the Defendant/Defendants are generally granted up to 30 days subject to a maximum of 90 days.
 
5: Filing written statement by the Defendant/Defendants - When the Defendant/Defendants files his written statement in the Court, he/they would deny all the assertions in the Plaint and compel the Plaintiff to prove every claim. This is also another way to prolong the outcome of the case, which may not be in favour of the Defendant/Defendants if the Plaintiff happens to have a bonafide case.

6: Framing of issues - A list of disputed questions of fact and law are called issues framed by the court which the Plaintiff has to prove through evidence. The points mentioned by the Plaintiff in his plaint, which is not expressly disputed by the Defendant/Defendants, need not be proved.

7: Defendant/Defendants (both borrower as well as guarantors) take steps to dispose of most of their assets (including hypothecated assets)
The following steps should be taken immediately after the suit is filed;
(a) Appointment of interim receiver and application for a temporary injunction 
(b) Interim attachment or injunction and interim sale.

8: Evidence After the Issues are framed, the case is then posted for evidence - 

(a) Filing documents & leading Evidence - The evidence of the Plaintiff is first taken for consideration. Next, other witness/witnesses, if any, on behalf of the Plaintiff are examined, and such witness/witnesses can also step into the witness/witnesses box to narrate the facts to the judge. This is called "leading evidence". All the witness/witnesses of the Plaintiff will be cross-examined by the Defendant/Defendants (i.e. by the Defendant/Defendants lawyer). 

(b) Evidence by the Defendant/Defendants - After the case of the Plaintiff is closed, the evidence on behalf of the Defendant/Defendants are taken up. The Defendant/Defendants is allowed to file any documents from his side, and these are also marked as records of the case. The witness/witnesses on behalf of the Defendant/Defendants are cross-examined by the Plaintiff (i.e. by the Plaintiff's lawyer). After the evidence of both sides is completed, the case is adjourned for final arguments.

(c) Closing Arguments - Since the judge may not be able to read and assimilate lengthy documents covering evidence on both sides, but he is accustomed for the quick perception of what is stated in the arguments. Documents are not read during the proceedings, and they have to be studied leisurely by the Judge, after court hours.
 
9: Pronouncement of Judgment & Passing of Decree: After the conclusion of arguments, the judge may reserve his Judgment to be pronounced on a later date or may deliver the same immediately as said earlier. Both parties may apply to the Court for a copy of the Judgment, and it is provided to them on their application.

10: Execution of the Decree - The party in whose favour the Decree is passed is called the decree-holder. The other party is called the Judgment Debtor. The Judgment debtor has to implement the Court's decree. If he fails to implement, the decree holder can file an execution petition in the Court. When a decree has been obtained by the Bank in its favour in the suit filed against the borrower and the guarantor, prompt steps should be taken for execution of such decree for recovery of the Bank’s dues.

11: Filing of Appeal - Where the suit is decreed in favour of either of the party, the aggrieved party may prefer an appeal, if there are valid grounds of law and/or facts to prefer an appeal. The Court, immediately higher in the hierarchy to the Court which passed the final judgment, is the Court to which an appeal will be filed. The appeal has to be filed within 30 days from the date of the decree.

12: Execution of Money DecreeEven if the Judgment debtor files an appeal against the Bank before the Appellate Court challenging the money decree passed by the lower Court in Bank’s favour, the Bank should nevertheless proceed to apply for the execution of the decree passed by the lower Court notwithstanding the pendency of such an appeal unless a stay order or injunction order is granted by the Appellate Court restraining the Bank from executing the decree.

The process as above appears very simple, but in real life, the litigation is dragged for several months and even years. This is not only on account of the delaying tactics adopted by the Defendant/Defendants but also due to an enormous backlog of litigations piled up and pending in civil courts. 
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Difference Between Mutual Divorce & Contested Divorce


Divorce helps a person to break free from a marital relationship. Marriage is not a contract; it's an important societal institution. The law is interested in the protection of marriage; it does not allow it to be severed only by ordinary wear and tear and choice. To get a divorce one needs to prove specific grounds, for e.g., cruelty/adultery/desertion etc. which are also known as matrimonial offences. People get confused between mutual divorce and contested divorce ending up with gratuitous legal bills. 

Mutual Consent Divorce:

A mutual consent divorce is a divorce whereby both the husband and wife mutually agrees to end the relationship and amicably decides the terms and conditions of the divorce. The reason why mutual consent divorce is also called an uncontested divorce is that the husband and wife files a joint divorce petition without the need to contest it before the court.

Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, the role of court, terms, and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, a place where Petition for mutual consent divorce can be filed and other allied questions.

Contested Divorce:

The court grants a divorce only on proof of fault conducted by one party and the innocence of another party. The most common grounds for divorce are cruelty, adultery, desertion ( it means wilful abandonment done by one spouse to the other without the reasonable cause), etc. Sometimes the conversion of religion and renunciation of the world is also one of the divorce grounds.
As per the law, our legal system does not grant a divorce on the irretrievable breakdown of a marriage or irreconcilable differences. To get divorce one has to prove wrongdoing on the part of the other spouse. The legislature has taken note of this practical reality, and a bill of the same is pending in the Parliament, which would allow a spouse to seek divorce on the ground of inherent incompatibility leading to the breakdown of a relationship.

Ground For Divorce: 

Under the Indian law, establishing a divorce ground is not necessary for filing a petition of Mutual Divorce, but for a petition of contested divorce valid ground. There are various reasons for divorce in India which includes adultery, mental or physical cruelty, desertion, conversion of religion, a venereal disease of communicable form, renunciation of the world, mental illness, leprosy and if the spouse is not heard being alive for seven years, etc. The valid reason for divorce in India is mentioned in section 13 of the Hindu Marriage Act, 1955.

Maintenance/Alimony, Division Of Property And  Child Custody: 

In a Mutual Consent Divorce, the formalities relating to maintenance/alimony, division of property and child custody, are decided by the husband and wife. However, the issues about alimony/maintenance, division of property and child custody are contested like the divorce petition. In India, for the case of Contested divorce, the lawyers file a separate request to deal with the issues.

Reconciliation of the parties: 

There is no concept of a reconciliation between the divorcing couple in a contested divorce. However, there is a period of 6 months in a divorce of mutual consent; it helps to give a chance to the couple some time to rethink on their decision. Under the new divorce law in India, the cooling period may be waived off by the court if it thinks that reconciliation is impossible and a cooling period will only increase their suffering.

It is observed that the Mutual Consent divorce is the easiest way to get separated, in this type of divorce both parties work out their terms and conditions on which both the parties agree to part ways- file petition in the court, which is finalised in 6 months.

Note: Legato connects you with top divorce advocates in India who can assist you in filing a mutual consent divorce or a contested divorce online in India, whichever applies to your matter. To get connected with divorce top verified attorneys near you send us an email at Support@legatoapp.com.


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About Amalgamation In India


Amalgamation is the blending of one or more companies into a new entity. When two or more companies come together to form a new company or when they decide to absorb or blend any one company by the other then the amalgamation takes place. An amalgamation of the company is different from the process of a merger. It is because neither of connecting companies survives as a legal entity at the end; a new entity is formed to house and consolidate the assets and liabilities of both companies.  

Amalgamation is the process carried out between two or more companies who are engaged in the same line of activity and the operations. The companies can also combine for diversification of the activities or expansion of services.

The main reason for amalgamating of companies is to acquire cash resources, to eliminate competition, do tax savings, to operate economies of large scale, to increase the value of shareholders, to reduce the degree of risk by diversification and to achieve growth and gain financially.

Amalgamation is like the merger that tries to minimize the risk of the assets and liabilities and maximize advantages as well as the shareholders' interests, and the business of the companies. No adjustments are made to book value. All assets of the transferor company become of the transferee company.

After the amalgamation, the business of the transferor company is carried on. Shareholders of the transferor company who holds a minimum of 90% face value of equity shares become shareholders of the transferee company.

When another acquires one company and shareholders of the transferor company discontinue to have a share as per decided proportion in the equity of the amalgamated company, an amalgamation like purchase occurs when conditions for amalgamation like merger are not met.

The procedure of an Amalgamation is as follows:

  • - The terms and condition of amalgamation are always finalized by the board of directors of the Companies.
  • - Approval is given by the respective High Court when the amalgamation scheme is prepared and submitted.
  • - Approval of the shareholders of the companies is obtained.
  • - Approval of SEBI is obtained.
  • - A new company is formed and issues shares to the shareholders of the transferor company.
  • - The transferor company is liquidated and all the assets, liabilities are taken over by the transferee company.

The main purpose of amalgamation is to achieve benefit which arises, with the combination of the two entities jointly. 

Various other objectives of amalgamation are as follows:

- To obtain the economies of scale
- To reduce competition
- To gain Goodwill and reputation 
- To reduce the of risk through diversification
- To improve managerial effectiveness.


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Adultery Law In India


In India, adultery is not a crime anymore, though it can be a ground for divorce. The Supreme Court said that a 158-year law that punishes a man for an affair but not the woman, treating her as her husband's property. "It's time to say the husband is not the master of the woman," said a five-judge constitution bench, unanimously sticking up for gender justice and calling out the Victorian adultery law as arbitrary.


Section 497 of the IPC was a section dealing with adultery. The law observed that a woman could is not punishable for the offence of adultery. Only a man who commits consensual sexual intercourse with the wife of the other man without the consent of her husband is punishable under this offence in India. If an individual "lives in adultery", the partner can file for divorce. The Supreme Court of India defended the law on 27 September 2018. The SC acknowledged the law as unconstitutional because it "treats a husband as the master of his wife". 


Section 497 says that:-

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the crime of adultery.


Moreover, he shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall [not] be punishable as an abettor.


On 27th September, a five-judge bench of the Supreme Court struck down Section 497 of the Indian Penal Code (IPC) and decriminalized adultery in India (it remains a "civil offence", as it can be a ground for divorce. The judgment is significant not because it got rid of a patriarchal law, but also because of its consequences that may arise in future.


All five Supreme Court judges hearing the case said the law was archaic, arbitrary and unconstitutional.


Chief Justice Misra said that "Husband is not the master of a wife. Women should be treated with equality along with men,".


Judge Rohinton Nariman said that "ancient notions of a man being perpetrator and woman being a victim no longer hold good".


Justice DY Chandrachud said the law "perpetuates the subordinate status of women, denies dignity, sexual autonomy, is based on gender stereotypes". He further said the law sought to "control sexuality of woman (and) hits the autonomy and dignity of a woman".


The judgment of the Supreme Court is essential, however, for the further indications it may have. All the judges were very clear that a woman has the right to bodily integrity, choice and personal liberty not just against the State, but also within the context of home and the family. It gives a call to a question that a number of our laws has actively denied these rights. The decriminalization of adultery may have a current effect that goes beyond its immediate context and serves as a springboard for greater freedom, equality, and independence within what is commonly understood to be the private sphere.



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Recovery Of Security Deposit


The most common quarrel between tenants and landlords is over the security deposit. For that purpose, states have laws with rules for suggesting the percentage of rent and security deposits to be kept with a landlord. As with any legal issue, if the tenant believes that the landlord is improperly keeping or mistreating the security deposit, it is essential to check the laws of the specific jurisdiction before taking action.

The first step in arranging the security deposit back is making sure the tenant satisfies the conditions of your lease. Any property that came with the apartment from the landlord must remain. The items which are not returned can be charged by the tenants. It is necessary that he leaves the apartment in good condition. The landlord can charge for damage above and beyond normal wear and tear.  The simplest way to get the security deposit back is to encourage a good relationship with your landlord while living in residence. If a tenant gets along well with the landlord, misunderstandings don't have to escalate into major disagreements.

The lease agreement executed between landlord and tenant should specify a period for occupancy. When landlord and tenant sign the lease, they agreed to occupy the space and pay rent for that amount of time. The landlord might be able to keep charging the tenant the rent until a new tenant comes to stay, he can deduct from your security deposit or keep the full amount.

It is advisable to give written notice when a tenant decides to move. The usual timeframe for notification is 30 days. If the tenant doesn't provide the required notice, then he can certainly be charged for the term of the notice. The courts don't always uphold a landlord's right to deduct from a security deposit for short notice. However, if your landlord does charge you, you'll have to go through the hassle of small claims court. Avoid disaster and financial burden by careful planning.

If any problem arises, as the landlord refuses to give your security deposit back, within the time period set by the law, or if you have any dispute charges that the landlord has deducted from the deposit, the first essential step for settling the issue is to contact the landlord (or his/her agent). One should mention the difficulty and request a refund. It is advisable to follow the conversation with a letter sent by certified mail and ensure to keep a copy. He/she can even give a hand- delivered letter having the sign of landlord and date of the print received by the landlord.

If everything fails, you may have to file a lawsuit and get the security deposit back. A lawsuit over a security deposit will go before a small-claims court, which means that it is not necessary to hire an attorney. If security deposit amount exceeds the claim amount for small-claims courts in the jurisdiction and an individual end up hiring an attorney to represent him in civil court, he can recover the attorney's fees after he wins the suit.

Filing a lawsuit can help to recover the higher amount than the original security deposit if the court finds that the landlord has acted in bad faith. In some cases, the award could be more the amount of the security deposit. The disadvantage of filing a suit is that the landlord can file counterclaims for damage to the property, violations of the lease deed, or other claims that may cause you difficulties in defending the landlord.  

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