Lex-Warrier Article Archive

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2012-07-10T21:06:00.005+05:30

Hi Mates, We are happy to inform you all that, we migrated from Blogger to Website. For all latest Updates please visit us @ www.lex-warrier.in Happy reading....

Tinted glasses...!!

2012-07-03T23:08:00.009+05:30

Author : Rajiv Krish* Thought of the day was Rule 100 (2) of the Central Motor Vehicles Rules, 1989, which reads as follows: “The glass of every motor vehicle shall maintain visual transmission of light not less than 70% in the front and the rear and 50% in the sides”. Recently the Supreme Court ordered respective enforcement authorities to ensure that all the vehicles comply with this

How to Obtain a Death Certificate

2012-06-14T10:22:00.004+05:30

What is a Death Certificate and why is it needed? A Death Certificate is a document issued by the Government to the nearest relatives of the deceased, stating the date, fact and cause of death. It is essential to register death to prove the time and date of death, to establish the fact of death for relieving the individual from social, legal and official obligations, to enable settlement of

How to Obtain Driving Licence

2012-06-14T10:21:00.004+05:30

What is a Driving Licence and why is it Necessary? A Driving Licence is an official document certifying that the holder is suitably qualified to drive a motor vehicle or vehicles. Under the provisions of the Motor Vehicles Act, 1988 in India, no person can drive a motor vehicle in any public place unless he holds a valid Driving Licence issued to him, authorising him to drive a vehicle

How to Obtain Tribe Certificate

2012-06-14T10:18:00.001+05:30

Scheduled Tribes as defined by the Law Tribal population is found in various States and UTs of India. In the post-Independence period, all the tribal communities were grouped together as "Scheduled Tribes", under the Constitution. The main criteria adopted for specifying communities as "Scheduled Tribes" include: · Traditional

No Service Tax on Individual Advocates

2012-06-07T10:08:00.003+05:30

The Ministry of Finance through notification had specified that in respect of services provided by an individual advocate to any business entity, the service-tax payable by the advocate shall be Nil and that the person receiving the service shall pay 100% of the tax. Notification has been pasted below w.e.f 1.7.2012 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,

How to Obtain a Marriage Certificate

2012-06-03T17:38:00.002+05:30

A Marriage Certificate is the proof of registration of a marriage. The need for a Marriage Certificate arises in case you need to prove that you are legally married to someone, for purposes like obtaining a passport, changing your maiden name, etc. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. To

How to Obtain a Domicile Certificate

2012-06-03T17:23:00.002+05:30

A Domicile/Residence Certificate is generally issued to prove that the person bearing the Certificate is a Domicile/Resident of the State/UT by which the Certificate is being issued. This Certificate is required as proof of residence to avail Domicile/Resident Quotas in educational institutions and in the Government Service, as also in case of jobs where local residents are preferred. The

How to Obtain Caste Certificate

2012-06-03T17:20:00.001+05:30

A Birth Certificate is the most important identity document that makes it possible for anyone in possession of it to benefit from a gamut of services offered by the Indian Government to its citizens. It becomes necessary to obtain a Birth Certificate because it serves to establish the date and fact of one's birth for a whole range of purposes, like acquiring the right to vote, admission to

How to Obtain Birth Certificate

2012-05-31T17:25:00.004+05:30

SC backs Right to Education

2012-04-13T09:40:00.002+05:30

The Supreme Court on April 12, 2012 by a majority of 2:1 upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009, which provides for free and compulsory education to children between the age of 6 and 14 years and mandates government/aided/and non-minority unaided schools to reserve 25 per cent of the seats for these children. A Bench of

Consolidated FDI Policy 2012

2012-04-11T12:06:00.003+05:30

Author: V S Warrier The Department of Industrial Policy and Promotion (DIPP) has issued the new Consolidated FDI Policy (Circular 1 of 2012). The said Circular is effective from April 10, 2012. The consolidated circular on FDI policy was introduced for the first time in 2010 summarizing all the regulations including those of FEMA and of the Reserve Bank of India (RBI) for the benefit of

Click - Wrap Agreements in Indian Contract Law

2012-03-28T22:07:00.005+05:30

Author: Kunal Singh The Indian Contract Act, 1872 is one of the oldest legislations prevalent in our country. But that has not affected its relevance in business transactions today. However the scenarios of contract have undergone a sea of change ever since the inception of this law. The basic essentials of contracts still remain the same as specified under the provisions of the Indian

Foreign Direct Investment

2012-02-15T09:59:00.005+05:30

Author : V S Warrier Foreign direct investment (FDI) is direct investment by a company in production located in another country either by buying a company in the country or by expanding operations of an existing business in the country. Foreign direct investment is done for many reasons including to take advantage of cheaper wages in the country, special investment privileges such as tax

Supreme Court Canceled 122 2G Spectrum Licences

2012-02-03T11:38:00.002+05:30

Allowing writ petitions filed by the Centre for Public Interest Litigation and others and Janata Party president Subramanian Swamy seeking the cancellation of the licences, a Bench of Justices G.S. Singhvi and A.K. Ganguly said: “The licences granted to the private respondents — Etisalat DB Telecom (Swan Telecom); Unitech Wireless; Loop Telecom; Videocon Telecommunications; S-Tel Ltd;

Winding Up of a Company - by the Court

2011-12-26T12:17:00.003+05:30

Author : V S Warrier Section 425 of the Companies Act, 1956, deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. “Winding-up” in literal sense, means to bring to a conclusion or an end by putting in order. It is defined as the process by which the life of a company is ended and its property is administered for

Partnership Firm

2011-12-23T15:39:00.001+05:30

Author: V S Warrier A partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting or all. In India it is governed by the Indian Partnership Act, 1932, which extends to the whole of India except the State of Jammu and Kashmir. It came into force on 1st October 1932. Partnership is a form of business organisation

Duties of Directors: An Analysis under the Companies Bill, 2011

2011-12-23T09:44:00.004+05:30

Author : V S Warrier The law relating to companies in India is contained in the Companies Act, 1956. The Companies Act, 1956 (The Act) is a consolidation of existing laws, statutory rules and certain principles laid down in decisions of the Courts in India and England. The Act of 1956 substantially incorporates provisions of the English Companies Act, 1948. A company means, a company formed

Simplification - Compounding of FEMA contraventions

2011-12-16T12:25:00.003+05:30

As a measure of customer service and in order to facilitate the operational convenience, ReserveBank of India has been decided to delegate the powers to the Regional Offices of the Reserve Bank of India mentioned below to compound the contraventions of Foreign Exchange Management Act involving (i) delay in reporting of inward remittance, (ii) delay in filing of

The Companies Bill, 2011

2011-12-15T10:28:00.001+05:30

The Companies Bill, 2011 was introduced in the Lok Sabha (13th December 2011). The Bill suggests that there are a number of changes from the Companies Bill, 2009, which was expected considering the level of detailed examination undertaken by the Parliamentary Standing Committee last year. Download The Companies Bill, 2011 Here. Download The Companies Bill, 2009 Here.

Legal Metrology Act, 2009

2011-12-14T12:02:00.003+05:30

Author : V S Warrier Legal Metrology Act, 2009 is an Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. The Act was enacted in the Sixtieth year of Republic of India, and received the Presidential

Civil Courts can execute Lok Adalat Awards

2011-11-29T14:50:00.011+05:30

A judgment passed yesterday (28th November 2011) by the Bench of JJ’s P.Sathasivam and J.Chelameswar in the Supreme Court is as follows. “Every award of a Lok Adalat including an order recording a settlement between the parties in a “cheque bounce case” under 138 NI Act, is deemed a civil court decree, and as such it is executable by a civil court” ……… the Supreme Court ruled.

Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

2011-11-16T16:47:00.003+05:30

The Union Cabinet today approved the official amendment to the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010 based on the recommendations of the Parliamentary Standing Committee on HRD for consideration of the Parliament. The Bill aims to provide an institutional mechanism for preventing, prohibiting and

Introduction of the Export-Import Bank of India (Amendment) Bill 2011

2011-11-16T16:43:00.002+05:30

The Union Cabinet today approved the introduction of “The Export Import Bank of India (Amendment) Bill, 2011” to amend the Export – Import Bank Act, 1981 (the Act) in the Parliament. The Bill seeks to increase the authorised capital of the Exim Bank from Rs.2000 crore to Rs.10,000 crore with the provision that the Central Government may, further, by notification, increase the said capital up to

Islamic Banking

2011-11-16T11:12:00.001+05:30

Author: Kunal Singh Modern banking system was introduced into the Muslim countries at a time when they were politically and economically at the lowest ebb in the late 19th century. The main banks in the home countries of the imperial powers established local branches in the capitals of the subject countries and they catered mainly to the import-export requirements of the foreign