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Tuesday, December 11, 2012

Rajya Sabha Passes the Motor Vehicle Amendment Bill 2012

The Rajya Sabha passed the Motor Vehicle Amendment Bill 2012 on 4 December 2012. This bill is now pending before the Lok Sabha and shall become law after its approval by it. The bill seeks to amend some provisions of Motor Vehicles Act, 1988 and aimed to provide stringent guidelines for issue of driving licenses and provide enhanced penalties for various offences under the act. Some of the salient features of the act are: Guidelines for issuance of driving licenses. Imposition of penalties and issuance of challans for violations. Imposition of penalties for “overloading” the vehicle. Penalty to be borne by the consignor in case the documents in possession establish that the offence was committed under the orders of the consignor. Increased fine for “not wearing helmet” or “seat belt” or...

Tuesday, October 16, 2012

Legal Guidelines required for Starting a Business in India

These are the following legal guidelines required for starting a business in India: A) Choose a Legal Business A person who wishes to start a business is first and foremost required to check and see whether the business which he wishes to start is a lawful business with a lawful object in the eyes of law that is; it is not prohibited under any law that is in force. For example the following business is prohibited: Wagering Business i.e. betting or gambling is prohibited under law. Trade of prohibited items like animal skin. Sale of some animal skin specified under the Wildlife Act is also prohibited. B) Choose the Type of Business A person is secondly required to decide how he desires to operate his business whether he will be operating as a: proprietorship, firm of partners, A company...

Friday, May 25, 2012

How to start Business in India

Very frequently asked question from visitors, especially NRIs and foreigners, who want to start Business in India. Here is a detailed standard procedure (Followed in the most of the cities, in some cities there may be some more or less processes) will take to start business in India, the paperwork involved and procedures for starting a company in India. Steps involved in starting business in IndiaRegistration Requirements:Director identification number (DIN) by applying online from the Ministry of Corporate Affairs portal (National) Digital signature certificate by applying online from agency authorized by the Ministry of Corporate Affairs (National) The company name can be reserved by applying online with the Registrar of Companies (ROC) (National) Stamp the company documents at the...

Monday, May 7, 2012

Trademark Registration Process

Registration of Trade Marks in IndiaRegistering a trademark an application need be made in the prescribed format for different classes of goods in services and fee payable therefore shall be in respect of each such class of goods or services. Trademark registration in India used to take approximately about 18 months. It is important to search at the trade marks registry whether any other similar mark is registered or is pending registration. It is always recommended to take legal advises from Registered Trademark Attorney. How to Apply for Registration of a Trade Mark?Application for the registration for other than a textile mark or for certification of Defensive mark must be made in triplicate in from TM 1. Application must be confined to...

Why Trademark Registration is Necessary

What’s there in a Trademark?Trademark is the most valuable asset, for a trademark owner. A Trademark is your product identity; it is communication between Company and consumer. It is important for every marketing and sales personnel to make sure that the Trademark for a product is as special and unique as the product. In this global world, company must ensure that it can use its Trademark worldwide where intends to sell the product as also on the internet (this includes Domain Name). The Trademark or a Brand name is a: ¨      Word (COLGATE, PEPSI, COCA COLA);¨      Symbol (PEPSI Logo, McDonald’s M Logo);¨      Device/ Pictures (AMUL GIRL, PILLSBURY DOUGHBOY, A CAT IN PRAKASH TRANSPORTS, ASIAN PAINTS’ GATTU);¨     ...

Friday, May 4, 2012

Are you Dealing with Bounced or Dishonoured Cheque?

What is a Cheque?As per Section 6 of the Negotiable Instruments Act, 1881 provides that “a Cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated Cheque and a Cheque in the electronic form.” Reasons for Dishonouring a Cheque by a BankThe principal reasons for dishonoring the cheque are as follows: - A cheque is not in proper conditions specified in the Negotiable Instrument Act. A drawer signature's on cheque differs from specimen signatures recorded with the bank. A cheque is stale (in circulation for more than 6 months) or postdated. Amount expressed in words and figures differ. Cheque mutilated (cut torn part of cheque missing) Material alternations (change in date, crossing, amount,...

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