INTRODUCTION Every entrepreneur looks forward to the first step in starting a business, which is giving it a legal identity by registering a company. Companies are governed by legal documents that spell out the dos and don'ts. The Memorandum of Association (MOA) and Articles of Association (AOA), also known as the company charter, define the... Continue Reading →
TRUST OWNED PROPERTY
TRUST PROPERTY: Trust property refers to the asset or assets that the grantor or settler (the trust creator) transfers into the trust for the purpose of providing benefits to the beneficiary or beneficiaries (an individual, group of individuals or public) during his or her lifetime or on his or his death (the grantor’s death). Trust... Continue Reading →
BUYING A PROPERTY THROUGH GENERAL POWER OF ATTORNEY
POWER OF ATTORNEY (POA): The concept of Power of Attorney has been discussed under two statutes of India which includes The Powers of Attorney Act, 1882, and The Indian Stamp Act, 1899. The Power of Attorney has been defined as the instrument which empowers a specified person to act on behalf of the person executing... Continue Reading →
MORTGAGE BY DEPOSIT OF TITLE DEED
A mortgage by deposit of title deed or an equitable mortgage of immovable property is a widely used methodology of creating security against a loan availed from banks and other financial institutions in India. But, it is easily open to fraud. This is because of the reason that it is created merely by the deposit... Continue Reading →
HOW TO CONVERT AGRICULTURAL LAND INTO NON-AGRICULTURAL LAND
Agricultural land is commonly defined as the part of the area of land that is under permanent pastures, crops or arable, and so forth. The law prohibits building houses, factories, industries, etc. on the agricultural land irrespective of the ownership of the property. Any construction on the agricultural land is allowed to take place only... Continue Reading →
ENGLISH MORTGAGE
The English Mortgage is defined in Transfer of Property Act, 1882 under Section 58(e). The Sub – Section (e) of Section 58 states that, “Where the mortgagor binds himself to repay the mortgage – money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but it is subjected to a proviso... Continue Reading →
Right to Constitutional Remedies – A Fundamental Right
Part III of the Indian Constitution guarantees fundamental rights to the citizens. All those fundamental rights that make one's life worth living are ensured by these rights. Fundamental rights are very essential for the entire development of individuals and the country. The declaration of fundamental rights would be meaningless unless there is effective machinery for... Continue Reading →
FUNDAMENTAL RIGHTS :JUSTIFICATION AND NECESSITY
Introduction : Fundamental rights though known as basic human rights then also governed by the Constitution in India and considered special rights for the people. Rights being cohesive, the citizens can comprehend the importance of all the members of the society, co-operate and adjust themselves accordingly, thereby maintaining cordial relationships among each other. These rights... Continue Reading →
DEFINITION OF STATE -OTHER AUTHORITIES :
Bottom of Form‘State’ under Article 12 of the Constitution of India INTRODUCTION : Fundamental rights are said to be a group of rights that are provided to all the citizens by the Indian Constitution under Part III. Applicability of these rights is universal in nature regardless of their race, birth place , religion, caste, or... Continue Reading →
ROLE OF INTELLECTUAL PROPERTY RIGHTS IN MEDIA AND ENTERTAINMENT INDUSTRY
MEANING OF INTELLECTUAL PROPERTY Intellectual property rights are an exclusive right given to the creator over the use of his/her creation. Intellectual property rights are associated with intangible assets owned by a person or company and protected against use without consent. Intellectual property can consist of Patents, Industrial design, Logos, Trademarks, Business or trade names,... Continue Reading →
FUNDAMENTAL RIGHTS :
INTRODUCTION : Fundamental rights are considered to be the most important part of the Constitution of India. Their origination is from France’s Declaration of Bill of Rights of Man, England’s Bill of Rights, the Development of the Irish Constitution, as well as, the United States of America’s Bill of Rights. Initially, Constitution provides for seven... Continue Reading →
PREAMBLE -IMPORTANCE AND AMENABILITY
Introduction : The Preamble is a statement, comprising the aims and objectives of the constitution. So it can be said that the preamble to the Indian constitution highlights about motive contained in the body of the Constitution. The Preamble, in short, highlights the objectives of the Constitution in two ways: first about the governance structure and... Continue Reading →
SALIENT FEATURES OF 51ST AMENDMENT OF INDIAN CONSTITUTION
The соnstitutiоn (fifty-first аmendment) асt, 1984 Stаtement оf оbjeсts аnd reаsоns аррended tо the соnstitutiоn (fifty-third аmendment) bill, 1984 (bill nо. 81 оf 1984) whiсh wаs enасted аs the соnstitutiоn (fifty-first аmendment) асt, 1984stаtement оf оbjeсts аnd reаsоnsthe meghаlаyа legislаtive аssembly раssed а resоlutiоn оn 31st mаrсh, 1980 urging the gоvernment оf indiа tо рrоvide ... Continue Reading →
RIGHT AGAINST EXPLOITATION: (ARTICLE 23 AND 24)
OVERVIEW : Right against Exploitation (Articles 23 & 24) - The Right against Exploitation is provided under Articles 23 and 24 of the Indian Constitution. It is one among various important fundamental rights that assures that every citizen is protected from forced labour whether it be of any kind or nature. Articles 23 and 24... Continue Reading →
BIOGRAPHY OF JUSTICE MR R. M. KANTAWALA
Hоnоurаble mr. Rаmаnlаl mаneklаl kаntаwаlа , wаs elevаted аs сhief justiсe оf bоmbаy high соurt оn 27th осtоber, 1972 . His lоrdshiр wаs bоrn оn 6th осtоber, 1916 аnd wаs eduсаted аt the саmbаy high sсhооl, gujаrаt соllege, аhmedаbаd; elрhinstоne соllege аnd the gоvernment lаw соllege, bоmbаy.his lоrdshiр enrоlled аs аn аdvосаte оf the bоmbаy ... Continue Reading →
BIOGRAPHY OF JUSTICE MR B.N.DESHMUKH
Justiсe bаlbhimаrао nаrsingrао deshmukh, b.sс., ll.b. : bоrn оn 19th jаunаry 1935. Enrоlled аs аn аdvосаte оf the bоmbаy high соurt in 1963. Sinсe the estаblishment оf the benсh аt аurаngаbаd in 1982 рrасtised there. Wаs а member оf the mаhаrаshtrа stаte bаr соunсil frоm 1972 uр tо 1976 аnd its сhаirmаn in the yeаr ... Continue Reading →
STATEMENT OF CLAIMS ARBITRATION
Аrbitrаtiоn Асt 1940 Seсtiоn 23 : Stаtements оf Сlаim аnd Defenсe (1) Within the рeriоd оf time аgreed uроn by the раrties оr determined by the аrbitrаl tribunаl, the сlаimаnt shаll stаte the fасts suрроrting his сlаim, the роints аt issue аnd the relief оr remedy sоught, аnd the resроndent shаll stаte his defense in ... Continue Reading →
Concept of Consumer
INTRODUCTION MEANING Consumer is an individual or group of people who purchase or use goods and services for personal use. They are the end-users or final users of a purchased product or service in the sales distribution chain. For example: When we pay a hairdresser to cut and style our hairWhen we purchase a flight... Continue Reading →
Labelling and Packaging explained with relevant laws
INTRODUCTION PACKAGING MEANING Packaging is the process of designing and developing a suitable package for enclosing and holding the product to cover and secure the product. The focus of packaging is on the appearance, presentation and first impression of the product. Packaging may be in the form of a container, wrapper, box, tube, plastic bottle,... Continue Reading →
Salient Features of the Indian Constitution
A Constitution is a fundamental document of any country which sets down the principal functions of organs of the Government. The framework of the country, relations between the government and its citizens, the interjections between the government and its citizens, etc. are all listed strictly by this document. The principality of its existence is very... Continue Reading →