Any agreement between two parties becomes a contract if it is made with the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and is not expressly declared to be void under Section 10 of the Indian Contract Act, 1872. In case of employment agreements, usually the appointment letter serves as a contract for employment. Such employment agreements usually include an in term or a post term non-compete clause.
The liability of a director arises due to his fiduciary position with the company and the shareholders. Directors are criminally liable under various laws. The general principle for making directors criminally liable is, “only those persons who were in charge of and responsible for conduct of business of the Company at the time of commission of an offence, will be liable for criminal action.”
Primary object of any criminal justice system is to secure justice which can be done only if there is some substantial proof. This substantial proof means that there must be some conclusive evidence which leads to proof beyond reasonable doubt.
Domestic help in India is considered one of the most denigrating and humiliating jobs without any social security or decent wages. Today, almost every household in India has domestic help for cleaning, washing or cooking. [click to continue…]
The advent of globalisation and privatisation in India has primarily had a huge effect on the trade between nations and the growing span of the business activities of multinational corporations. India finally began opening itself to foreign trade and investment in 1991 and the new industrial policy sought to prepare India for meeting the challenges that globalization brought with itself. [click to continue…]
Whilst law seeks to provide a just denouement to any conflict, it must not be forgotten that it must also provide the most efficient judgment as well. Therein lies the advantage of any alternate dispute resolution system-it permits the parties an adequate opportunity to reach a solution that will serve the most number of persons.
Overseas investment in Joint ventures (JV) and Wholly Owned Subsidiaries (WOS) have been recognized as important avenues for promoting global business by Indians entrepreneurs in terms of Foreign Exchange earnings like dividend, royalty, technical know-how fee and other entitlements on such investments.
Modern Indian society, while undergoing many socio-economic changes, largely remains a conservative society, placing a high value on the morals of restraint, chastity and the limits on sexuality. In this regard, a legislation curbing the dissemination of obscene material would be more than welcome.
“….man is inwardly a soul and a conscious power of the Divine and that the evolution of this real man within is the right object of education and indeed of all human life.” – Sri Aurobindo
The importance of legal education in a democratic society cannot be over emphasised. History has provided enough evidence that the human race has always been on an upward path of progress through enhancement of knowledge. Knowledge of law increases one understands of public affairs.
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