Business Law – Advocatetanmoy Law Library

International Chamber of Commerce – a world business organization

Posted by Advocatetanmoyon January 23, 2021January 23, 2021in Business Law

ICC is a world business organization and only representative body that speaks with authority on behalf of enterprises from all sectors in every part of the world. ICC was founded in 1919. ICC promotes an open international trade and investment…

Commercial Space Guidelines-USA 2020

Posted by Advocatetanmoyon December 30, 2020December 30, 2020in Business Law

The term “commercial,” for the purposes of this policy, refers to goods, services, or activities provided by private sector enterprises that bear a reasonable portion of the investment risk and responsibility for the activity, operate in accordance with typical market-based incentives for controlling cost and optimizing return on investment, and have the legal capacity to offer those goods or services to existing or potential non-governmental customers.

Mandatory for sellers to spell out “Country of Origin”: Government e-Marketplace (GeM)

Posted by Advocatetanmoyon June 23, 2020in Business Law

While for pushing the “Aatmanirbhar Bharat” the Ministry of Commerce and Industry said Tuesday the Government e-Marketplace (GeM) portal has made it mandatory for sellers to submit the country of origin while registering any new product on the online procurement portal.

The Competition Act 2002

Posted by Advocatetanmoyon August 21, 2019June 10, 2021in Business Law, CENTRAL ACTS

An Act to provide, keeping in view the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Business and Commercial Laws in the United States of America [USA]

Posted by Advocatetanmoyon July 27, 2019in Business Law

Banking and Credit Laws Title 31, Subtitle IV, Chapter 53 of the United States Code (Monetary Transactions) Truth in Lending Act Amendments of 1995 Truth in Lending Class Action Relief Act of 1995 Truth in Savings Act Community Reinvestment Act…

Business Laws in the United Kingdom [UK]

Posted by Advocatetanmoyon July 27, 2019in Business Law

Banking and Credit Laws Bank of England Act 1998 Companies Act 2006 Representation of the People (England and Wales)(Amendment) Regulations 2002 Financial Services and Markets Act 2000 Consumer Credit Act 2006 Data Protection Act 1998 Consumer Credit Act 1974 (Commencement…

National electronic commerce policy

Posted by Advocatetanmoyon February 24, 2019January 5, 2021in Business Law

India has proposed regulating cross border data flows, locating computing facilities within India to ensure job creation and setting up a dedicated ‘data authority’ for issues related to sharing of community data.

Sole Proprietorship Business

Posted by Advocatetanmoyon February 24, 2019in Business Law

It is a one man controlled business -one-man organisation where a single individual owns, manages and controls the business. A Proprietorship business needs no Government registration like Company or LLP and can be started with minimum capital by any Indian…

Startup business in India

Posted by Advocatetanmoyon February 24, 2019in Business Law

An entity shall be considered as a Startup: i. Upto a period of seven years from the date of incorporation/registration, if it is incorporated as a private limited company (as defined in the Companies Act, 2013) or registered as a partnership…

Startup India Notifications

Posted by Advocatetanmoyon February 24, 2019in Business Law

Startup India is an initiative of the Government of India[16th of January, 2016], intended for the growth of startup businesses, to drive sustainable economic growth and generate large scale employment opportunities. S.No. Action Point (As Per Action Plan) Relevent Notification…

Revised definition for startups & norms for tax exemptions (19th February 2019)

Posted by Advocatetanmoyon February 24, 2019February 24, 2019in Business Law

MINISTRY OF COMMERCE AND INDUSTRY (Department for Promotion of Industry and Internal Trade) NOTIFICATION New Delhi, the 19th February, 2019 G.S.R. 127(E).— This notification is being issued in supersession of the Gazette Notification No. G.S.R. 364(E) dated April 11, 2018 as…

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.