Comprehensive Legal Guidelines
#Company Law
‘Company’ is an amalgamation of the two Latin words ‘Com’ meaning “with or together” and ‘Pains’ meaning “bread”. It referred to a group of persons who took their meals together in a Team. It is a group of persons who come together or who have contributed money for some common reason and who have incorporated themselves into a distinct legal entity in the form of a company for the same object.
As per Halsbury’s Laws of England, the term ‘company‘ has been defined as a collection of many individuals united into one body under special domination, having perpetual succession under an artificial form and vested by the policies of law with the capacity of acting in several respect as an individual, particularly for taking and granting of property, for contracting obligation and for suing and being sued, for enjoying privileges and immunities in common and exercising a variety of political rights, more or less extensive, according to the design of its institution or the powers upon it, either at the time of its creation or at any subsequent period of its existence. However, the Hon’ble Supreme Court of India has held in the case of State Trading Corporation of India v/s CTO that a company cannot have the status of a citizen under the Constitution of India as per Law. In India, Company act is operated through the Indian Company Act, 1956 and under the law company types are –
a. Private Limited
b. One Person Company
c. Limited Company
d. Limited Liability firm, LLPs, etc.
#Labour Law
1. Industrial Dispute act ,
2. The Factories Act, 1948,
3. The Industrial Disputes Act, 1947,
4. The Madhya Pradesh Industrial Relation Act, 1960,
5. The Industrial Employment (Standing Orders) Act, 1946,
6. The Payment of Wages Act, 1936,
7. The Minimum Wages Act, 1948,
8. The Payment of Bonus Act, 1965,
9. The Sales Promotion Employees (Condition of Service) Act, 1976,
10. The workmen’s Compensation Act, 1923,
11. Employees State Insurance Act 1948.,
12. Employees provident fund Act 1952,
13. The Payment of Gratuity Act, 1972
#Family Law
1. Child Custody law in India
2. Muslim women’s right for dissolution of marriage
3. Section 498 IPC
4. Adoption under the Juvenile Justice Act
5. Divorce under Muslim Law
6. Muslim Marriage
7. Sources of Islamic Law
8. Recognition of Equality Marriage: Guardianship – Hindu, Muslim
9. Christian & Parsi Laws
10. Maintenance – Hindu, Muslim, Christian And Parsi Laws
11. Right to Abortion
12. Domestic Violence Act
13. Right to property – of Muslim & Christian illegitimate children
14. Violence against women
15. Sexual Harassment and Rape Laws in India
16. Sexual Harassment At Workplace-An Overview
#Banking & Finance
1. Negotiable Instrument Act, 1881
2. The Bankers’ Books Evidence Act, 1891
3. The Reserve Bank of India Act, 1934
4. The Industrial Finance Corporation of India Act, 1948
5. The Banking Companies (Legal Practitioner Clients’ Accounts) Act, 1949
6. The Industrial Disputes (Banking and Insurance Companies) Act, 1949
7. The Banking Regulation(Companies) Rules, 1949
8. The Banking Regulation Act, 19499.
9. The State Financial Corporations Act, 1951
10. The Reserve Bank of India (Amendment and Misc. Provisions) Act, 1953
11. The Industrial Disputes (Banking Companies) Decision Act, 1955
12. The State Bank of India (Subsidiary Banks) Act, 1959
13. The Subsidiary Banks General Regulation,1959
14. The Deposit Insurance and Credit Guarantee Corporation Act, 196117. The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 other acts
#IPR – Intellectual Property Rights
i. Type of Trademarks in India.
ii. Registration Procedures.
iii. Classification & Jurisdictions for filing of the trademark.
iv. Trade Mark rules, 2002.
v. WIPO and WTO association with regards to the TRIPS agreement.
vi. Objection for registration under class 9/11/12.
vii. Offence – Passing off & Infringement.
viii. Remedies for protection – Civil, Criminal & Administrative.
ix. Case Studies, litigation & Examination.
i. Type of copyright – Artwork, Literature, Audio, video, photo, album & software.
ii. Procedure for registration of Copyrights.
iii. Rights of author, creator & publisher.
iv. Offence – Passing off & Infringement.
v. Remedies for protection – Civil, Criminal & Administrative.
vi. Case Studies, litigation & Examination.
vii. Terms of Copyright.
viii. Transfer of ownership, deed of assignment.
i. Design registration of article, shape, and configuration.
ii. Litigation of design under Passing off & infringement.
i. Introduction and History of the Patent system in India.
ii. Conditions for Patent – Novelty, uniqueness and unpublished document..
iii. Type of Patent – Product and Process Patent.
iv. Procedure for patents Registration.
v. Information and undertaking regarding foreign applications.
vi. Provisional and complete specifications
vii. Search for application by previous publication and by a prior claim.
viii. Drafting of Patent.
ix. Branches of Patent- Mechanical, civil, chemical, biological, medical and other.
x. Claims.
xi. Legal Remedies – Civil, Criminal and Administrative.
xii. Penalties and offense.
i. Introduction and History.
ii. Procedures for registration.
iii. Litigation.
#Land Acquisition & Revenue
Acquisition of Land in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialization, development of infrastructural facilities or urbanization of the private land, and provides compensation to the affected landowners and their rehabilitation and resettlement. Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) and which came into force from 1 January 2014. Till 2013, land acquisition in India was governed by the Land Acquisition Act of 1894. On 31 December 2014, the President of India promulgated an ordinance with an official mandate to “meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country”. An amendment bill was then introduced in Parliament to endorse the Ordinance. Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015, President of India promulgated the amendment ordinance for the third time. Union Government of India has also made and notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 under the Act to regulate the procedure. The land acquisition in Jammu and Kashmir is governed by the Jammu and Kashmir Land Acquisition Act, 1934.
#Taxation
A Direct tax is a kind of charge, which is imposed directly on the taxpayer and paid directly to the government by the persons (juristic or natural) on whom it is imposed. A direct tax is one that cannot be shifted by the taxpayer to someone else. Some important direct taxes imposed in India are as under:
Income Tax Act, 1961 imposes a tax on the income of the individuals or Hindu undivided families or firms or co-operative societies (other than companies) and trusts (identified as bodies of individuals associations of persons) or every artificial juridical person. The inclusion of a particular income in the total incomes of a person for income-tax in India is based on his residential status. There are three residential status, viz.,
(i) Resident & Ordinarily Residents (Residents)
(ii) Resident but not Ordinarily Residents and
(iii) Non-Residents. There are several steps involved in determining the residential status of a person. All residents are taxable for all their income, including income outside India. Non-residents are taxable only for the income. received in India or Income accrued in India. Not ordinarily residents are taxable in relation to income received in India or income accrued in India and income from business or profession controlled from India.
ii. Registration Procedures.
The companies and business organizations in India are taxed on the income from their worldwide transactions under the provision of Income Tax Act, 1961. A corporation is deemed to be resident in India if it is incorporated in India or if it’s control and management is situated entirely in India. In the case of non-resident corporations, tax is levied on the income which is earned from their business transactions in India or any other Indian sources depending on bilateral agreement of that country.
Property tax or ‘house tax’ is a local tax on buildings, along with appurtenant land, and imposed on owners. The tax power is vested in the states and it is delegated by law to the local bodies, specifying the valuation method, rate band, and collection procedures. The tax base is the annual rateable value (ARV) or area-based rating. Owner-occupied and other properties not producing rent are assessed on cost and then converted into ARV by applying a percentage of cost, usually six percent. Vacant land is generally exempted from the assessment. The properties lying under control of Central are exempted from the taxation. Instead, a ‘service charge’ is permissible under an executive order. Properties of foreign missions also enjoy tax exemption without an insistence for reciprocity.
An inheritance tax (also known as an estate tax or death duty) is a tax which arises on the death of an individual. It is a tax on the estate, or the total value of the money and property, of a person who has died. India enforced estate duty from 1953 to 1985. Estate Duty Act, 1953 came into existence w.e.f. 15th October 1953. Estate Duty on agricultural land was discontinued under the Estate Duty (Amendment) Act, 1984. The levy of Estate Duty in respect of the property (other than agricultural land) passing on death occurring on or after 16th March 1985, has also been abolished under the Estate Duty (Amendment) Act, 1985.
Gift tax in India is regulated by the Gift Tax Act which was constituted on 1st April 1958. It came into effect in all parts of the country except Jammu and Kashmir. As per the Gift Act 1958, all gifts in excess of Rs. 25,000, in the form of cash, draft, check or others, received from one who doesn’t have blood relations with the recipient, were taxable. However, with effect from 1st October 1998, gift tax got demolished and all the gifts made on or after the date were free from tax. But in 2004, the act was again revived partially. A new provision was introduced in the Income Tax Act 1961 under section 56 (2). According to it, the gifts received by an individual or Hindu Undivided Family (HUF) in excess of Rs. 50,000 in a year would be taxable.
An indirect tax is a tax collected by an intermediary (such as a retail store) from the person who bears the ultimate economic burden of the tax (such as the customer). An indirect tax is one that can be shifted by the taxpayer to someone else. An indirect tax may increase the price of a good so that consumers are actually paying the tax by paying more for the products. Some important indirect taxes imposed in India are as under:
The Customs Act was formulated in 1962 to prevent illegal imports and exports of goods. Besides, all imports are sought to be subject to duty with a view to affording protection to indigenous industries as well as to keep the imports to the minimum in the interests of securing the exchange rate of Indian currency. Duties of customs are levied on goods imported or exported from India at the rate specified under the Customs Tariff Act, 1975 as amended from time to time or any other law for the time being in force. Under the custom laws, the various types of duties are livable.
The Central Government levies excise duty under the Central Excise Act, 1944 and the Central Excise Tariff Act, 1985. Central excise duty is a tax which is charged on such excisable goods that are manufactured in India and are meant for domestic consumption. The term “excisable goods” means the goods which are specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act 1985. It is mandatory to pay Central Excise duty payable on the goods manufactured unless exempted eg; duty is not payable on the goods exported out of India. Further various other exemptions are also notified by the Government from the payment of duty by the manufacturers. Various Central Excise duties are:
(1) Basis Excise Duty: Excise Duty, imposed under section 3 of the ‘Central Excises and Salt Act’ of 1944 on all excisable goods other than salt produced or manufactured in India, at the rates set forth in the schedule to the Central Excise Tariff Act, 1985, falls under the category of Basic Excise Duty In India.
(2) Special Excise Duty: According to Section 37 of the Finance Act, 1978, Special Excise Duty is levied on all excisable goods that come under taxation, in line with the Basic Excise Duty under the Central Excises and Salt Act of 1944. Therefore, each year the Finance Act spells out that whether the Special Excise Duty shall or shall not be charged, and eventually collected during the relevant financial year.
(3) Additional Duty of Excise: Section 3 of the ‘Additional Duties of Excise Act’ of 1957 permits the charge and collection of excise duty in respect of the goods as listed in the Schedule of this Act.
(4) Road Cess: (a) Additional Duty of Excise on Motor Spirit: This is leviable by the Finance Act (No.2), 1998. (b) Additional Duty of Excise on High-Speed Diesel Oil: This is leviable by the Finance Act, 1999.
(5) Surcharge: (a) Special Additional Duty of Excise on Motor Spirit: This is leviable by the Finance Act, 2002. (b) Surcharge on Pan Masala and Tobacco Products: This Additional Duty of Excise has been imposed on cigarettes, pan masala, and certain specified tobacco products, at specified rates in the Budget 2005-06. Biris are not subjected to this levy.
(6) National Calamity Contingent Duty (NCCD): NCCD was levied on pan masala and certain specified tobacco products vide the Finance Act, 2001. The Finance Act, 2003 extended this levy to polyester filament yarn, motor car, two-wheeler and multi-utility vehicle and crude petroleum oil.
(7) Education Cess: Education Cess is leviable @2% on the aggregate of duties of Excise and Secondary and Higher Education Cess is Leviable @1% on the aggregate of duties of Excise.
(8) Cess – A cess has been imposed on certain products. Service Tax: The service providers in India except those in the state of Jammu and Kashmir are required to pay a Service Tax under the provisions of the Finance Act of 1994. The provisions related to Service Tax came into effect on 1st July 1994. Under Section 67 of this Act, the Service Tax is levied on the gross or aggregate amount charged by the service provider on the receiver. However, in terms of Rule 6 of Service Tax Rules, 1994, the tax is permitted to be paid on the value received. The interesting thing about Service Tax in India is that the Government depends heavily on the voluntary compliance of the service providers for collecting Service Tax in India.
Sales Tax in India is a form of tax that is imposed by the Government on the sale or purchase of a particular commodity within the country. Sales Tax is imposed under both, Central Government (Central Sales Tax) and State Government (Sales Tax) Legislation. Generally, each State follows its own Sales Tax Act and levies tax at various rates. Apart from sales tax, certain States also imposes additional charges like works contracts tax, turnover tax, and purchaser tax. Thus, Sales Tax Acts as a major revenue-generator for the various State Governments. From 10th April 2005, most of the States in India have supplemented sales tax with a new Value Added Tax (VAT).
The practice of VAT executed by State Governments is applied on each stage of sale, with a particular apparatus of credit for the input VAT paid. The VAT in India classified under the tax slabs are 0% for essential commodities, 1% on gold ingots and expensive stones, 4% on industrial inputs, capital merchandise and commodities of mass consumption, and 12.5% on other items. Variable rates (State-dependent) are applicable to petroleum products, tobacco, liquor, etc. VAT levy will be administered by the Value Added Tax Act and the rules made there-under and similar to a sales tax. It is a tax on the estimated market value added to a product or material at each stage of its manufacture or distribution, ultimately passed on to the consumer. Under the current single-point system of tax levy, the manufacturer or importer of goods into a State is liable to sales tax. There is no sales tax on the further distribution channel. VAT, in simple terms, is a multi-point levy on each of the entities in the supply chain.
STT is a tax being levied on all transactions done on the stock exchanges. STT is applicable on purchase or sale of equity shares, derivatives, equity-oriented funds, and equity oriented Mutual Funds. Current STT on purchase or sale of an equity share is 0.075%. A person becomes investor after payment of STT at the time of selling securities (shares). Selling the shares after 12 months comes under long term capital gains and one need not have to pay any tax on that gain. In the case of selling the shares before 12 months, one has to pay short term capital gains @10% flat on the gain. However, for a trader, all his gains will be treated as trading (Business) and he has to pay tax as per tax sables. In this case, the transaction tax paid by him can be claimed back/adjusted in tax to be paid.
The overall control for administration of Direct Taxes lies with the Union Finance Ministry which functions through the Income Tax Department with the Central Board of Direct Taxes ( CBDT ) at its apex. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963. It also functions as a division of the Ministry dealing with matters relating to levy and collection of Direct Taxes. The Central Excise Department spread over the entire country administers and collects the central excise duty. The apex body that is responsible for the policy and formulation of rules is the Central Board of Excise and Customs which functions under the control of the Union Finance Ministry. The Central Excise officers are also entrusted with the administration and collection of Service tax and the Customs duty.
The information contained in this chapter is related to direct and indirect taxes imposed and collected by the Union Government. The tables giving data from 2000-01 onwards in respect direct taxes (corporation tax, income tax, and other direct taxes) collected by Central Board of Direct Tax (CBDT) and indirect taxes (customs duties, union excise duties, and service tax) collected by Central Board of Excise and Customs. Customs Collection Rate used in this chapter is defined as the ratio of revenue collection (basic customs duty + countervailing duty) to the value of imports (in percent) unadjusted for exemptions, expressed in percentage.
Central Sales tax is generally payable on the sale of all goods by a dealer in the course of inter-state Trade or commerce or, outside a State or, in the course of import into or, export from India.
According to S3, a sale or purchase shall be deemed to take place in the course of interstate trade or commerce in the following cases:
(1) When the sale or purchase occasions the movement of goods from one State to another;
(2) When the sale is effected by a transfer of documents of title to the goods during their movement from one State to another.
(3) Where the goods are delivered to a carrier or other bailee for transmission, the movement of the goods for the purpose of clause (b) above, is deemed to start at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee.
(4) Also, when the movement of goods starts and terminates in the same State, it shall not be deemed to be a movement of goods from one State to another.
To make a sale as one in the course of interstate trade, there must be an obligation to transport the goods outside the state. The obligation may be of the seller or the buyer. It may arise by reason of statute or contract between the parties or from mutual understanding or agreement between them or, even from the nature of the transaction, which linked the sale to such transaction. There must be a contract between the seller and the buyer. According to the terms of the contract, the goods must be moved from one state to another. If there is no contract, then there is no inter-state sale.
#Legal Compliances
We provide all legal compliances like agreements, deeds and other required legal documents in India related to specific Industries, some major sectors covered by us are:
a. E-Commerce,b. Multi-level marketing,
c. Pharmaceutical Companies,
d. Tel shopping companies,
e. Finance companies,
f. Real estate companies,
#Cyber Crime & IT Act
IT act or Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation, and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000. Two main areas of Cyber crimes are –
1.The Computer as a Target: -using a computer to attack other computers e.g. Hacking, Virus/Worm attacks, DOS attack, etc.2.The computer as a weapon: -using a computer to commit real-world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography, etc.
Cyber Crime is regulated by Cyber Laws or Internet Laws.
