Attachment Of Property Under The Prohibition Of Benami Property Transactions Act, 1988

Attachment Of Property Under The Prohibition Of Benami Property Transactions Act, 1988

Anti-Money Laundering & Financial Crimes

The Prohibition of Benami Property Transactions Act, 1988, allows the Initiating Officer, after legal processes and with approval, to temporarily attach properties believed to be benami for up to 90 days. The Act defines the roles of ‘benamidar’ and ‘beneficial owner,’ crucial for identifying transactions aimed at benefiting someone other than the property holder. The Supreme Court provides guidelines to determine if a transaction is benami, emphasizing the intentions behind the purchase money. Provisional attachment is an initial measure in a broader legal procedure towards adjudication.

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Need for having Security, Email & Internet Usage Policy in Companies - Legal requirements and implications

Need for having Security, Email & Internet Usage Policy in Companies – Legal requirements and implications

IT, Cyber Law & Data Protection

In today’s rapidly evolving digital landscape, the importance of robust IT security measures cannot be overstated. Every organization, regardless of size or industry, must prioritize the establishment of comprehensive Security, Email, and Internet Usage Policies to safeguard sensitive information and mitigate legal risks. Despite this imperative, many companies still lack adequate policies, exposing themselves to

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INFORMATION TECHNOLOGY (GUIDELINES FOR INTERMEDIARIES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021

Information Technology (Guidelines for Intermediaries & Digital Media Ethics Code) Rules, 2021

IT, Cyber Law & Data Protection

The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules of 2021 (hereinafter referred to as ‘the Rules’) has been enacted by the Central Government under the powers conferred to it by Sections 69A(2), 79(2)(c) and 87 of the Information Technology Act, with thorough coordination with the Ministry of Electronics and Information Technology

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India’s Legal Approach to Blockchain and Cryptocurrency Technology

India’s Legal Approach to Blockchain and Cryptocurrency Technology

IT, Cyber Law & Data Protection

In the intersecting realms of technology and finance, Blockchain and cryptocurrencies, although related, function as distinct entities with significant legal considerations in India. Blockchain, a decentralized ledger enhancing transparency across various sectors, lacks specific governance laws in India yet falls under general regulations. Cryptocurrencies like Bitcoin challenge traditional currency systems with their digital, decentralized nature, yet remain unrecognized as legal tender by the RBI, posing a dilemma regarding their legal status, securities classification, and taxation under Indian law. As this landscape evolves, specialized legal guidance becomes crucial.

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Law of Geographical Indications & Plant Varieties in India

Law of Geographical Indications & Plant Varieties in India

Intellectual Property Rights

A geographical indication (GI) is an indication, whether in the form of a name or sign, used on goods that have a specific geographical origin and possesses qualities or a reputation that are due to the place of origin. Geographical indications are valuable rights, which if not adequately protected, can be misused by dishonest commercial

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Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872

Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872

Criminal Law & Prosecution

The Bharatiya Sakshya Adhinyam, 2023 (BSA) replaces the Indian Evidence Act of 1872 (IEA) and it was approved by both the Lok Sabha and Rajya Sabha on December 20 and December 21, 2023, respectively, before receiving presidential assent on December 25, 2023. The key objectives of BSA are to modernize, simplify, and streamline how evidence

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Detenu has a right under Article 22(5) of the Constitution of India to be afforded opportunity to make representation

Detenu has a right under Article 22(5) of the Constitution of India to be afforded opportunity to make representation

Civil & Commercial Litigation

Introduction Article 22(5) stands as a sentinel guarding individual liberty against unwarranted detention. It is a provision that underscores the principles of fairness, transparency, and accountability in matters of preventive detention. Let us dissect its essence and implications. Understanding Article 22(5) The Context: Preventive Detention Preventive detention refers to the act of detaining an individual without

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Criminal Proceedings: Basic Facts Vs. Subsidiary facts : Meaning and importance

Criminal Proceedings: Basic Facts Vs Subsidiary facts: Meaning & Importance

Criminal Law & Prosecution

In the case of Hansmukh v. State of Gujarat & Ors. (AIR 1981 SC 28) has held that while the expression  “grounds”  in  Article  22(5) includes not only conclusions of fact but also all the basic facts on which those conclusions are founded, and they are different from subsidiary facts or further particulars of these

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Striking off the name of a defunct LLP –New requirements in terms of the Limited Liability Partnership (Amendment) Rules, 2017

Striking off the name of a defunct LLP –New requirements in terms of the Limited Liability Partnership (Amendment) Rules, 2017

Corporate & Company Law

According to Section 75 of the Limited Liability Partnership Act, 2008 (“LLP Act”) where the registrar has the reasonable opportunity to believe that the LLP is not carrying on business or its operation in accordance with the provisions of the law, the name of the LLP may be struck off the register of LLP in

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