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mylawyeradvise · 3 months
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Growing Business Opportunities in India: Legal Perspective | FDI Attorney in Delhi NCR | FDI Attorney in India | India Business Entry
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The coronavirus global pandemic has caused a widespread medical exigency across the globe which has even raised questions with respect to the survival of humans. Although there exists another potent threat which is directly associated with this global pandemic i.e. the global economic slowdown and global recession. In the recent times, with the Make in India initiative of the Modi government has made India stand out as a global manufacturing hub. Further, with the advent of the initiative towards the Startup India programme, there has been a rapid increase in the number of Starups in India across all the industries and sectors while increasing growth opportunities. Further, with the arrival of the global giants like Amazon, Boeing, IKEA, Uber, Walmart etc and the several rounds of funding raised by the Indian startups from various different Venture Capitalists across the globe, the entire business ecosystem in India has seen a steep growth and rise in the business development and opportunities. Read more
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mylawyeradvise · 3 months
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Growing Business Opportunities in India: Legal Perspective | FDI Attorney in Delhi NCR | FDI Attorney in India | India Business Entry
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From the year 1991 and up-till today, India has witnessed a plethora of changes both at the macro level as well as the micro level in its economy. The same has led to a lot of small and micro level industries to flourish which specifically includes Startups, SMEs and the MSMEs respectively. Furthermore, changes have been brought in the legislations which deals with the business and commercial space which includes changes in the legislations with respect to the Insolvency & Bankruptcy, formulation of new rules for the protection and safeguard of the Intellectual Properties (IP), changes in the laws relating to the Companies, introduction of cyber laws etc. However, it is not only in the amendments and changes in the legislations but the changes in the entire business ecosystem which has made India a global business hub. Read more
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mylawyeradvise · 3 months
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Foreign Investments in India & it’s Inherent Benefits | FDI Attorney in Delhi NCR | FDI Attorney in India | India Business Entry
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A lot of foreign Corporations like Uber, Walmart, IKEA, Armaco, Amazon, Apple, Renault, Jeep, Boeing, Samsung, Yamaha, Sony, Xiomi and many more have invested in India and are operating in India whereby in many cases India act as the major channel and support partner. Furthermore, many have entered into specific Joint Ventures (JVs) and/or have entered into Mergers & Acquisitions (M&A) and/or are working in India either through the direct or the indirect route respectively. Read more
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mylawyeradvise · 3 months
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Laws on Arrest & Anticipatory Bail in India | Criminal Law Attorney in India | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR
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The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The kind of relief that an anticipatory bail gives to an individual who expects that he may get arrested for a non-bailable offense then that individual may apply to either High Court or the Session’s Court to get a relief for an award of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 (Cr. P.C.). The essential contrast between a request for anticipatory bail and ordinary bail-is that anticipatory bail is conceded before arrest and thusly it gets employable from the exact instant when arrest has occurred, anyway the typical bail can be allowed simply after arrest. Read more
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mylawyeradvise · 3 months
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Ten most important factors considered by the Court before the Grant of Anticipatory Bail in India | Criminal Law Attorney in India | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR
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Anticipatory Bail cannot be claimed by way of a right, however, the grant of Anticipatory Bail is an exclusive power which is vested before the Session’s Court or to the High Court. The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. Read more
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mylawyeradvise · 3 months
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Special Circumstances under which a Doctor or a Para Medic may leave Professional Duties amid Coronavirus Pandemic: Legal Remedies
Special Circumstances under which a Doctor or a Para Medic may leave Professional Duties amid Coronavirus Pandemic: Legal Remedies
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In the wake of the current situation where Coronavirus or Covid-19 has turned out to be a global pandemic the healthcare professionals i.e. the Doctors and the para medic staff which includes nurses and ward boys have come to the forefront and are acting as soldiers and warriors. The determined and plausible efforts of the healthcare professionals, the Government of India and the State Governments have acted as a shield for India and the same is evident from the number of persons affected by the Coronavirus. The joint efforts of the Governments at the Centre and in the States and the healthcare professionals in India has not only saved many lives but has also displayed exemplary leadership and skills in a developing country which is inhabited by approximately 1.33 billion people. Read more
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mylawyeradvise · 3 months
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Evidence and Burden of Proof under the Foreign Exchange Management Act (FEMA) of 1999 | Legal Advice on FEMA Case in India | FEMA Case Lawyer in Delhi NCR | FEMA Case Lawyer in Gurugram
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According to Section 12 of FEMA, the Reserve Bank of India (RBI) may, at any time, through its officials can inspect business of any authorised person as necessary, to:- (a) verify the correctness of any statement, information or particulars provided to RBI; (b) obtain any information or particulars which the accused has failed to furnish on being called upon to do so; (c) secure compliance with the provisions of this Act or any rules, regulations, directions or orders made thereunder.
It shall be the duty of every authorised person to produce, to any officer inspecting such books, accounts and other documents in his custody or power and to furnish any statement or information relating to the affairs of such person, company or firm as the said officer may require within such time and in such manner as they may direct. Read more
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mylawyeradvise · 3 months
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Compounding of Offences under the Foreign Exchange Management Act (FEMA) of 1999 | Legal Advice on FEMA Case in India | FEMA Case Lawyer in Delhi NCR | FEMA Case Lawyer in Gurugram
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Compounding of Offences‘ means a compromise between the two parties, where the complainant agrees to drop charges against the accused. Section 320 of The Code of Criminal Procedure, 1973 (Cr P.C.) provides for compounding of certain offences which are punishable under the Indian Penal Code (IPC) of 1860. There are certain serious offences for which parties cannot compromise, these offences are called Non-Compoundable Offences. Read more
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mylawyeradvise · 3 months
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Anticipatory Bail under the Foreign Exchange Management Act (FEMA) of 1999 | Legal Advice on FEMA Case in India | FEMA Case Lawyer in Delhi NCR | FEMA Case Lawyer in Gurugram
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Five most important points must be kept in mind while applying for an Anticipatory Bail under FEMA are:-
The nature/gravity of the offence committed by the person seeking Anticipatory Bail.
The evidence confiscated from the Accused and all the facts of the Prosecution’s Case.
The statement of the Investigating Officer and Government Lawyer.
The background of the accused i.e. whether he/she was previously involved in any criminal activity whatsoever.
The Initial Report of the Investigating Officer and all the statements registered in the Case File. Read more
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mylawyeradvise · 3 months
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Arrest under the Foreign Exchange Management Act (FEMA) of 1999 | Legal Advice on FEMA Case in India | FEMA Case Lawyer in Delhi NCR | FEMA Case Lawyer in Gurugram - Best and Experienced Lawyers online in India
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The term “Foreign Exchange” means foreign currency and includes, ● Deposits, credits and balances payable in any foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any Foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency;
The Foreign Exchange Management Act (FEMA) was enacted in the year 1999, to facilitate external trade and payments and maintenance of foreign Read more
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mylawyeradvise · 3 months
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Invoking Force Majeure clause amid Coronavirus Pandemic: Lawyers Advice on Indian Corporate Laws | Corporate Law Advice in Delhi NCR | Corporate Lawyer in Delhi NCR | Corporate Attorney in India
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The coronavirus or Covid-19 has been declared as a pandemic by the World Health Organization (WHO). This pandemic has led to a national lockdown by the Government of India preventing us from stepping out of our houses. This outbreak and the lockdown as its consequence have posed a lot of problems. Owing to the lockdown and the need for people to quarantine themselves, a lot of businesses and a variety of contracts have been affected making it hard for the parties to perform their obligations towards the contract. Read more
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mylawyeradvise · 3 months
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Enabling Specific Performance of a Contract: Post Coronavirus Pandemic | Corporate Law Advice in Delhi NCR | Corporate Lawyer in Delhi NCR | Corporate Attorney in India
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When a contractual party breaches the contract the other party has a number of legal remedies for the loss caused by such breach including lawsuits and arbitration. But when the crux of the contract is performance specific or of a unique transaction and no amount of money can compensate the aggrieved party, then Specific Performance of Contract comes as a legal remedy for the aggrieved party. Specific performance of a contract is a remedy used by the Courts when in the breach of a particular contract the Court sees no other remedy (monetary) to compensate the aggrieved party. Read more
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mylawyeradvise · 3 months
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Force Majeure vs. Frustration of a Contract: Lawyers Advice on Indian Corporate Laws | Corporate Law Advice in Delhi NCR | Corporate Lawyer in Delhi NCR | Corporate Attorney in India
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Coronavirus or Covid-19 has been declared as a global Pandemic by the World Health Organisation (WHO) on March 11, 2020 which is considered to more severe than an epidemic due to its geographical outreach. It has resulted in complete lockdown on various countries across the globe including India, which has to led to complete stop on all economic activities other than those falling under the purview of essential services. Read more
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mylawyeradvise · 3 months
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Overcoming Force Majeure amid Post Coronavirus Pandemic: Lawyers Advice on Indian Corporate Laws | Corporate Law Advice in Delhi NCR | Corporate Lawyer in Delhi NCR | Corporate Attorney in India
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Coronavirus or Covid-19 has been declared as a global pandemic by the World Health Organisation and has resulted in complete lockdown in various countries across the world. This has resulted in the stoppage of work in both private and public sectors leading to a lot of default in the fulfillment of the contractual obligations. Therefore, it in light of the global impact of Covid-19, it important for businesses to review their Force Majeure Clause in contracts to understands its relevance in the current scenario and in order to understand how to defend themselves in case force majeure is invoked against them. Read more
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mylawyeradvise · 3 months
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Intellectual Property (IP) Protection for Computer Softwares in India | IT Lawyer in Delhi NCR | Technology Lawyer in Delhi NCR | IT Attorney in Delhi NCR
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Computers have become an integral part of our digital lives which helps reduce the burden of tasks on humans with efficiency and effectiveness. Software is set of instructions and programming for performing various tasks, in the most general sense. It is important to know what protections are granted to the programmer(s) as it involves a lot of time, effort and creativity of the person who is helping to make the process easier for users. Read more
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mylawyeradvise · 3 months
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Intellectual Property Rights (IPR) over the Content of E-Learning Apps & Online Coaching Classes | EduTech Lawyer in Delhi NCR | EduTech Company Lawyer in Delhi NCR | Technology Lawyer in Delhi NCR
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In the age of digitisation, recent development in the education sector has also shifted from traditionalist approach to modernist approach. Everything has gone online; imparting virtual education has become our reality. Lectures are being held online, study material is circulated with the click of a button making it prone for the Intellectual Property Rights (IPR) of the original creator/educator to be infringed which is a legitimate concern. Read more
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mylawyeradvise · 3 months
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Basics of Foreign Direct Investment (FDI) Regulations for Foreign Investors in India: Lawyers Advice on Foreign Investments in India | | FDI Attorney in Delhi NCR | FDI Attorney in India | India Business Entry
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India is one the fastest growing economies of the world due to its lenient policies for Foreign Direct Investment (FDI) which turns out to be appealing to the foreign investors, be it individuals or corporations. The Government has formulated FDI regulations with the intent to promote and attract foreign investments by being comprehensible, transparent and predictable. Read more
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