#OnlineLegalAdvice

[onlineconsumerforum]

How to send legal notice in India For Consumer Case?

If you are a consumer and become a victim of consumer fraud or online fraud and want to approach the consumer court for redressal of consumer complaints then you can file a complaint at Voxya to send a legal notice to the company before approaching consumer court. It helps to settle consumers' cases without reaching consumer court or it also important to inform the opposite party about your concern before filing a complaint in consumer court.

If you need any expert advice to win a consumer case in consumer court then you can talk to a lawyer to get the best online legal consultation at very affordable rates.

Voxya an online consumer forum trusted by 76,000+ consumers across India.

Look at the best and most affordable choice available to you for sending a legal notice to India. For more information click here: https://voxya.com/stories/send-a-legal-notice-in-india/

[kpalegal]

Regulation of the market is of paramount importance for a smooth functioning of business in the market. Competition law is one of the most important regulations in the market as it scrutinises each and every act of the business functioning in the economy. The adherence of these laws is imperative by every business.

[rishabh2fan]

Issuing information about legal topics and equipping you with facts and data about varying specific topics is our detailed ground of ‘Legal Sections’.

[vakilpro]

Legal agreements are binding documentation which when properly drawn and signed become enforceable as a matter of law. For instance, a sales contract or purchase online agreements.

[121withacademy-blog]

Get legal services for your personal and professional legal problems. Our experts offer online legal advice anytime,anywhere,any device.

[kpalegal]

Insurance companies profit off denied or delayed claims. Look for competent legal assistance to ensure your claim is approved despite the myriad of roadblocks raised by your policy issuer.

[kpalegal]

Now more than ever people need a source of information and clarity on the different aspects of their business that are being affected by the COVID-19 lockdown. This pandemic has stalled several projects and left companies trying to find the best way to save themselves.

Given recent confusion and need for information, Kashyap Partners & Associates LLP has established a COVID-19 Resource Center to research and spread information about the legal aspects of the Pandemic.

To access KPA's COVID-19 Resource Center, please visit our website https://www.kpalegal.com/latest-news/

[kpalegal]

A vigilant attorney is the best defense against penalties for non-compliance or improper filings. Compliance attorneys can ensure your firm is safe from regulatory and legal jeopardy – squashing problems before they can hurt you or your business.

[kpalegal]

Four Reasons Small Business Need To Consult A Lawyer:-

1.) Choosing and forming the right business entity. 2.) Hiring Employees – Employment Agreements, NDAs and Compliances. 3.) Negotiation and drafting contracts with investors, distributors, suppliers, partners and customer. 4.) Investment – Ensuring a careful transaction with maximum legal protection. For further information regarding Business Law, please visit our website at www.kpalegal.com or write to us at info@kpalegal.com

[kpalegal]

The ultimate goal of any business is growth and expansion which are means to an even greater profit margin. The path to acquiring a new business entity or joining hands with another is a delicate matter and need experienced professionals to take account of all variables during the process.

For further information regarding Commercial Law, please visit our website at www.kpalegal.com/commercial-law or write to us at info@kpalegal.com

[kpalegal]

COVID-19: Employment Rights and Job Loss

In these times of COVID, the already fragile global economy was dealt a serious blow. This has led to a massive panic situation for the corporate sector. As with all such panics, they have resorted to contracting their business by through stricter budgetary restriction. Corporation have started terminating, laying off, and otherwise eliminating employment – often through legally dubious methods. Simultaneously, several companies have started forcing employees to work in unsafe or infection-prone activities under the threat of termination, while other are attempting to keep their employees safe by mandating work from home till December. If you are afraid you may be terminated – or if you already have been – then it is important to know your rights and how best to protect them. Below, we have provided a brief description of your rights and how to protect yourself from the effects of an illicit termination.

India has a very robust and worker-friendly set of labor laws. From the Industrial Disputes Act to the Employees’ Compensation Act, there are dozens of laws that, in theory, provide for strong protections of employees’ rights. These extend to the provision of minimum wages, providing standardized forms of dispute redressal for employees, provision for pensions, working condition regulations, and much more.

Unfortunately, most employee fall outside the ambit of labor law – either due to a salary higher than the legal maximum or an office with staff under the legal minimum. For those making more than INR 10,000/- a month or working in a firm with less than 100 employees, very few of these protections will apply.

In these cases, employees must resort to common law actions– such as tortious interference, violation of contract or fraud – in order to protect themselves from wrongful termination. In order to best protect your interests, you must ensure you have the strongest case possible. To do so, you should follow these steps:

1. Do Not Sign Anything:

Companies in a hurry to reduce staff overheads can attempt to strong arm terminations or pay cuts through arbitrarily negative performance reviews. Often times, companies will try to take away your right to dispute the termination or the circumstances around it by having you sign away your rights. In essence, your signature is used to eliminate challenges to their allegations. This can be through a negative performance review, a performance pledge, a probation notice, or some similar document. In order to prevent them from using these reports to justify their behavior, ensure you do not sign any such documents.

2. Dispute Any Negative Performance Reviews:

Merely refusing to sign any reviews issued at this time may not be enough. It is also important to dispute the allegations in those reviews in writing. The best method for this is through e-mail, though registered mail may be an acceptable substitute. Make sure to send copies to your HR department, supervisors, and legal department.

3. Demand Copies of Performance Reviews:

It is important to build up a paper trail to counter any allegations of deficient performance the company may use to justify termination. One excellent way of doing this is by collecting past performance reviews to demonstrate the arbitrary difference between the two.

4. Get a Copy of Your Full Employment Contract:

Employment contracts are complicated, largely because they are broken into several different documents within the company. Make sure to ask for all documents that govern your employment, including: Appointment Letter, HR Policies, Employee Handbook, Internal Policy Documents, Code of Ethics, etc. All of these will be used to determine your legal rights and obligations in the face of termination.

5. Collectivize:

Finally, it’s important to ensure that you don’t go into battle alone. Many of your pears are in the same situation you are. Talk to them. Prepare to respond jointly. More people means a louder voice. More victims makes it easier to prove systematic abuses.

Disclaimer:

Please note that this is not general advice for use in any situation and should not be considered a substitute of legal advice. Only if you are worried about mass layoffs or termination connected to the coronavirus. If you are concerned about the state of your employment for any other reason, consult an attorney before acting.

Originally posted on www.kpalegal.com on 14th May 2020

[kpalegal]

CHANGE IN THE FDI POLICY

Revision of FDI Policy

With an aim to restrict opportunistic takeovers or acquisitions of Indian companies owing to the ongoing COVID-19 pandemic, Indian Government revised the Foreign Direct investment(FDI) policy on 18th April, 2020. Countries sharing land borders with India or where the beneficial owner of an investment into India is settled or citizen of any such country, will be able to invest under the Government route. Simply put, this policy requires Government approval by investors from the neighboring countries to invest in Indian companies. Even when there is a further change in the beneficial ownership in the case where any existing or future FDI’s (in an entity in India) ownership is transferred, whether directly or indirectly, coming under the above mentioned restriction or purview will need government’s approval.Earlier, the government route was only meant for Bangladesh and Pakistan in such matters. Moreover, Pakistan was and is still allowed to invest only under the Government Route and that too in sectors or activities apart from space, defence, atomic energy and sectors/activities forbidden for foreign investment.The amendments in the FDI policy will be enforced from the date of the FEMA notification. In addition, it needs to be noted that these amendments are not only with respect to fresh FDIs but also for existing FDIs.[1]

Reason Behind the Expeditious Revision

The Indian Government’s move of amending the FDI policy is being viewed as an approach to control the investments coming from China and to prevent the threat of the Chinese takeover of Indian companies due to the adverse impact of COVID-19 on the valuation of the Indian companies. One of the few reasons behind this could be the increase of its stake in the home lender by the Chinese Central Bank, the People’s Bank of China (PBOC) from 0.8% to 1.01% in the March quarter by way of open market purchases. Some of the other countries such as Spain, Australia, Germany, Italy etc. have set up similar restrictions.[2]

However, this step taken by the Indian Government is also being questioned considering the negative impact on Indian Startups as China has been a consistent source of capital.[3]Furthermore, the withdrawal of the automatic route for neighboring countries could increase the approval time for the transactions.

China’s Response to the Revision

China has accused India of breaching the World Trade Organization (WTO) principles of organization and that this revision is contrary to free and free trade. Moreover, China has put forward a demand to revise the amendments made in the FDI policy on 18th April, 2020.[4]

India’s Response to the Accusation Made by China

The accusation made by China has been refused by stating that the amendments in the FDI policy are “not denial” of permission. The top government sources also said that it just involves an approval process and hence there is no kind of violation.[5]

Originally posted on www.kpalegal.com on 3rd May 2020

[1]https://dipp.gov.in/sites/default/files/pn3_2020.pdf

[2]https://www.moneycontrol.com/news/business/startup/fdi-policy-change-while-taming-the-dragon-india-might-be-harming-its-baby-elephants-5163181.html

[3]https://www.livemint.com/

[4]https://www.ndtv.com/india-news/new-fdi-rules-not-a-violation-of-wto-principles-its-only-an-approval-process-government-sources-on-c-2215349

[5]https://www.ndtv.com/india-news/new-fdi-rules-not-a-violation-of-wto-principles-its-only-an-approval-process-government-sources-on-c-2215349

[kpalegal]

Making a Move and Types of Contracts Involved

A right move is the key to turn a court order or judgment in your favor. Therefore, it is important to put your best foot forward when submitting your application related to order or a rule, or to seek their interference in a case or a legal matter. The process of making a legal move comprises a set of necessary actions to be employed by a litigant concerning a court order directing the relief sought.

Here is a checklist / types of contracts that the litigant must consider before making a legal move:

Take cue from other trials.

Before making your move in the court, it is important to study similar cases and consider what worked for them what didn’t. This will enable you to strategize what information and resources you will need while presenting your case in the court.

Come prepared

Make sure you have done your homework. You should have a clear idea of what to expect and what not. Interview your witnesses and make sure they are available to be testified in the court. Keep a checklist of the necessary documents you will need in the court and make sure you have all those copies in the court. Keep a trial notebook that contains a complete record of the proceedings of the case.

Keep your argument convincing and back them up with evidences

Develop a consistent, convincing and compelling theme for your case. At the same time, it is important you have all the necessary evidences to back your theory and claims. Also, the evidence you are planning to strengthen your case should be admissible in the court.

Keep a room for negotiations and settlement

Sometimes it’s good to go for settlements. Therefore, keep a detail of the points you would like to consider while making a negotiation so that you have an advantage with settlement rather than fighting a long and futile battle in the courtroom.

Now that you know the intricacies of making a move, let’s be aware of different types of contracts involved in this legal process so that you make a watertight case for you:

Valid Contract

Under Section 10 of the Indian Contract, 1872, a contract is enforceable if it satisfies the following requirements:

Their object is lawful.

There is some consideration for it.

Their consent is free.

The parties are competent to contract.

Voidable Contract

A voidable contract comes under Section 2 (i) of the Act. Free consent is the important requirement of this contract. ‘Free consent’ refers to the consent which is not caused by undue influence, fraud, coercion, or misrepresentation. A voidable contract is valid until the party who has made the contract rescinded it.

Void Contract

A void contract does not enforce any obligation or right as there is no law to cover it. Void agreements are categorized under Sections 24-30 of the Act. Here are the agreements that are declared to be void:

Agreements unlawful in part (Section 24)

Agreements without consideration (Section 25)

Agreements in restraint of marriage (Section 26)

Agreements in restraint of trade (Section 27)

Agreements in restraint of legal proceedings (Section 28)

Unmeaning agreements (Section 29)

Wagering agreements (Section 30)

Unenforceable Contract

Unenforceable contracts are good in substance but some technical defect can lead to suing of both the parties. These defects may include the absence of registration, writing and/or time-barred by the law of limitation among others.

Illegal/unlawful Contract

The object or consideration of these agreements is forbidden by law. However, they are different from void contracts in the sense that all illegal contracts are considered void but all void contracts are not illegal as the law may state their existence but they are unenforceable by law.

Originally posted on www.kpalegal.com on 21st April 2020