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Showing posts from May, 2022

Applications

  Team LawDocs Contents    hide   1 An Application 2 Importance of an Application 3 Information which is generally a part of an Application 4 Application a legal document or contract 5 Related An Application Application is a noun. As per English language but in common sense application means a formal request to be consider for position or to be allow to do or have something submit to an authority, institution, organization, government and court. Synonym words for applications are request, appeal, petition, plea, solicitation etc. another popular meaning of the term application is to put the action or something else into operation. Like the application of common sense to a problem. The special use or purpose to which something is put for e.g. a technology having numerous applications never thought of innovators. Importance of an Application Primary purpose of an application is to make an official request to provide an eligibility or self-candidature for vacant position for employment pu

Agent and Broker

  Team LawDocs Contract Agreement and Out sourcing Agreement simultaneously An independent contractor agreement is a written contract between two parties for specific service or a project. One person or a company hiring another to help on short term task. The document regarding as such clearly spells out why the party being hired is not an employee for legal and tax purpose. Out sourcing contract on the other hand is an agreement formed between a company and service provider, wherein a service provider promises to deliver specified service e.g. data processing, software development that utilizes its own staff and equipments typically working from their own location. Advantages and Disadvantages of an Out sourcing Contract One should consider the pros and cons of out sourcing before deciding to contract out any activity or business operations:- Advantages, Improved focus on core business activities Increased efficiency Cost minimization Increased research Greater competitive advantage D

Affidavits for Students

  Desk Team LawDocs Affidavits Affidavits- An affidavit is a written sworn statement of fact voluntarily made by an affiant of deponent under an oath or affirmation administer by a person authorize to do so by law. Such statement is witnesses as to the offer authenticity of the affiant’s signature by a taker of oaths such as notary or the commissioner of oaths. In Indian law although an affidavit may be take as proof of the fact stated therein, the courts have no jurisdiction to admit evidence by way of an Affidavit. Affidavit is treat as evidence within the meaning of section 3 of the Indian evidence act. However, it was held by the Supreme Court that an Affidavit can be use as evidence only if the court so orders for sufficient reasons. Namely right of opposite party to have deponent produced for cross examination. Therefore, an Affidavit cannot be use as evidence in absence of a specific order of the court. Use of Affidavit and types of Affidavits An “Affidavit” being a written stat

Abortion and law: A comparative analysis between the Conservative and the Liberal approaches.

  Desk Team LawDocs Contents    hide   1 Legal position of abortion in India: 2 Legal position of abortion in Ireland: 3 Supreme Court of Ireland 4 How MTPA, 1971 paved the way for a flexible path to making decisions in India: 5 How the repealing of the 8th amendment paved the way for a flexible path to making decisions in Ireland: 5.1 Protection of Life During Pregnancy Act (PLDPA) 6 India v/s Ireland: 6.1 Related Legal position of abortion in India: According to section 312 of The Indian Penal Code, 1860, any person who (could be the mother herself  1 ) would voluntarily cause a woman with a child to miscarry, would be punished with imprisonment according to the conditions mentioned therein, if and only if the act was not done in good faith so as to save the life of the pregnant woman.  The Indian law treats the life of the mother to be more precious than the yet to be born life of the child in situations where the mother’s life is at risk.  An in-depth perusal of the legal provision

Issues Relating to Taxation in Cyberspace & NBSP

  Team LawDocs We live in a world where we exchange materials with each other on a daily basis. At times, this exchange is in order to gain some monetary return or at times it is borrowing with a future promise to pay or at times it is favour when we get the thing without any cost, maybe as a gift too. Now, let us confine ourselves to the monetary aspect of exchange, where we buy goods and services in exchange of monetary returns. Whenever we buy a particular item from the shop or supermarket or any other business place, there is something called as ‘tax’ imposed on the item (except certain tax-free goods). Now what is this tax? Why is this so important? And most importantly, why is there a need to talk about taxation in cyberspace?  A compulsory contribution to state revenue, levied by the government on workers Tax could be defined as, “a compulsory contribution to state revenue, levied by the government on workers’ income and business profits, or added to the cost of some goods, serv

Cyber Crimes and Banking Frauds in India

  Desk Team LawDocs Cyber Crimes and Banking Frauds in India- We live in a world surrounded by technologies and Artificial Intelligence. The world under the shadow of technology and AI has been changing rapidly and in the very same fashion, the dynamics of this world is also changing with respect to the changes in the technology. However, there is always another side of the coin. The readers must’ve understood the other side of the coin that I wish to enumerate upon after reading the title of the article.  When we talk about India and the legalities involved when it comes to Cyber Crimes and Banking Frauds, the nation is still na├»ve with respect to the awareness. It is the very same lack of awareness which leads to the cybercrimes and banking frauds by the offenders with nefarious and malafide intentions. With the help of following points given below, we would jog through the same and provide the readers with the basics of the same.  Contents    hide   1 Offences under Information Tech

Acceptance of a conditional offer with a further condition does not resulted in a concluded contract- Supreme Court

  Team LawDocs On 5 th  January 2021 a bench comprising of Justice Navin Sinha and Justice Indira Banerjee observe that when the acceptor puts in a new condition while accepting the contract already sign by the proposer, the contract is not complete until the proposer accepts that condition, while setting aside the a judgment of High Court. Noticing that both the Trial Court and the High Court overlooked that whether acceptance of a conditional offer with a further condition result in a concluded contract, irrespective of the offeror accepts the further condition proposed by the acceptor. The court said that the Sec7 of Indian Contract Act, 1872 which emphasizes the acceptance must be absolute.  “In order to convert a proposal into a promise, the acceptance must- (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted,

Dishonor of Cheque

  Team LawDocs In the wake of the recent global outbreak of the novel pandemic coronavirus (Covid-19) and its impact in India. It is evident from the economic situation. That businesses and various other commercial ventures have incurred several losses, both economic and otherwise.  One of the many efforts of the government to curb this situation is the Government of India’s objective to increase business opportunities and ease in the country leading to nationwide movement campaigned as ‘sabka saath, sabka vikash, sabka vishwaas’.  Under the said campaign the Union finance ministry has proposed to decriminalize. In as may 36 section across 19 legislations including the Negotiable Instruments Act, 1881. The said step would aim to substitute the criminal liability with compoundable monetary penalties of a civil nature. This would also mean that the proposal would recategorize these offences from criminal into civil nature. And there would no longer be a punishment in the form of imprison

Recent Modifications in Construction Sector

  Team LawDocs Building Contracts According to data and analytics company GlobalData. The Indian construction industry already been showing signs of weakening before the outbreak of Covid-19. The residential market was struggling due to rising unemployment. A liquidity crunch in the non-bank financial sector, and a decline in new residential projects launched across major cities. The situation expected to improve in 2020 due to government initiatives such as improving liquidity position. And expanded infrastructure investments under the National Infrastructure Program. The pandemic, however, has caused disruption in the economy, worsening unemployment amid the extended lockdown. The industry expect to show unprecedented decline in the second quarter. As the strict lockdown to prevent the virus outbreak has largely brought construction to a halt. Companies, such as JCB, which recently cut 400 jobs at its factories in India, are being pinch by a lack of demand for equipment as constructi

Recent Developments in Rent Sector

  Desk Team LawDocs 1.  Model Tenancy Act, 2019 The new tenancy Act describes the rights and duties of the landowner and the tenant in a detailed manner. The landlord can file for recovery of possession of the premises in the Rent Court. If the tenant has not paid the rent, and is unwilling to evacuate the premises. Then the rent will be calculated as it is up to 6 months which will have to be paid by the tenant as provided in Section 22 of this Act. Contents    hide   1 The landlord cannot charge more than two months rent as the security deposit for residential buildings. And not more than one month’s rent for commercial buildings. 2 7. After the commencement of this Model Act, a tenant – without the 3 2. The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019 4 Related The landlord cannot charge more than two months rent as the security deposit for residential buildings. And not more than one month’s rent for commercia

Recent Developments in Mortgage Law

  Team LawDocs In 2019, the Parliament has passed the Transfer and Mortgage of Property (Amending) (No. 4) Law of 2019 (the “ Amending Law of 2019 “) with 27 votes in favour of the proposed amendments and 23 against, however, the President of the Republic of Cyprus has referred the Amending Law of 2019 to the Supreme Court in order for the latter to determine its compatibility with the Constitution of Cyprus. On 3 rd  of June 2020, the Supreme Court issued its judgement in Reference no. 2/19, rejecting the above petition and deciding that the Amending Law of 2019 complies with the Constitution and does not violate the articles no. 23, 25, 26, 28, 35 and 179 and articles no. 127 and 130 of the Treaty on the Functioning of the European Union. In light of the above, we summarize below the main amendments introduced through the Amending Law of 2019: Contents    hide   1 1. Timeframes 2 2. Seventh Ground of Appeal – Article 44C (e) 2.1 3. Protective Order issued under the provisions of the

Recent Developments in Sale and Purchase Sector

  Team LawDocs Sale and Purchase Agreements- Amendments to the Specific Relief Act, 1963 In Section 6 of the Act, the Parliament has widened its scope. By specifying that a suit for recovery of possession under Section 6 of the Act. May file either by the person who was dispossess without his consent or any person. “through whom he has been in possession” or any person claiming through that person. Hence, the amendment has widened the scope of persons who may file a suit under Section 6. Before the amendment, only the person who had wrongly dispossessed. Or any person claiming through him could have filed this type of suit. Now, even a person through whom the aggrieved person had in possession of the immovable property, may file a suit under Section 6 of the Act. The second amendment is in Section 10 of the Act. It is one of the most important amendments in the legislation as it has made specific performance of a contract the rule instead of being an alternative in cases where the actu