Competition Commission of India & TRAI: The Jurisdictional Tussle
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by Prasoon Tripathi
2y ago
Introduction Indian telecom industry has grown drastically in past few year with the intervention of private telecom companies in the market offering various services like internet, international calling etc. It is among one of the fastest growing sectors in the Indian market promoting economic growth. While these intervention by private sector brings new innovation and competition it also brings with it incipient challenges and frustration among the private competitors. Sector regulatory bodies were established in the country after privatization and increased competition in the sector. All se ..read more
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Blacklisting And Debarment Of Contractors by the Government Authorities
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by Saloni Goyal
3y ago
Meaning of Blacklisting and Debarment Blacklisting implies erasing an individual’s name from the list and declining to manage him. It might likewise be appreciated as delisting. Blacklisting is the activity of a group, ordering a blacklist (or boycott) of individuals, nations, or different elements to be evaded or doubted as being esteemed unsuitable to those creating the list. It tends to be firmly partnered with a boycott. In the event that somebody is on a blacklist, they are seen by an administration or other association as being one of the various individuals who can’t be t ..read more
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Position of a Tenant under the SARFAESI Act upon default by landlord
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by Saloni Goyal
3y ago
The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 was enacted to enable financial organizations to make sure about assets in different manners. The goal of this Act is to cure the issue of NPAs or terrible assets by various strategies and systems. On September 1, 2016, the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provision Act, 2016 became effective revising Section 17 of the SARFAESI Act by supplanting the heading “Application against measures to recover secured debts with Option to Appeal and embedd ..read more
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Disqualification of Directors under Companies Act, 2013
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by Saloni Goyal
3y ago
Meaning of director The directors are the people chosen by the shareholders to coordinate, lead, oversee, or administer the affairs of the company. According to Sec. 2 (13) of the Companies Act., “Director includes any person occupying the position of director by whatever name called.” This definition given by the Companies Act does not give the clear meaning of the word director, but it means that a person who performs the duties of a director will be deemed to be a director irrespective of the name by which he is called. Disqualification of Directors According to company law, a director can ..read more
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Validation of Power of Attorney Executed Abroad
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by Saloni Goyal
3y ago
What is a Power of Attorney?  A power of attorney (POA) is an authoritative document giving one individual the power to represent someone else. The agent can have wide lawful power or restricted position to settle on legitimate choices about the person’s property, accounts, or clinical consideration. The power of attorney is often utilized in case of a person’s disease, or when the person is not available to sign essential authoritative reports for monetary matters. Some different kinds of choices that the specialist can be enabled to make, utilizing his power : •     ..read more
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Validation of Power of Attorney Executed Abroad
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by Saloni Goyal
3y ago
What Is a Power of Attorney?  A power of attorney (POA) is an authoritative document giving one individual the power to represent someone else. The agent can have wide lawful power or restricted position to settle on legitimate choices about the person’s property, accounts or clinical consideration. The power of attorney is often utilized in case of person’s disease, or when the person is not available to sign essential authoritative reports for monetary matters. Some different kinds of choices that the specialist can be enabled to make, utilizing his power : •    &nbs ..read more
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Release of Seized Property during the pendency of Trial
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by Saloni Goyal
3y ago
It is an overall cycle by police that during any investigation or enquiry they hold onto any property which they believe is proof and will be useful during the time spent preliminary, that property incorporates those from the wrongdoing has been directed or for which the offense has been submitted. The property likewise includes the cash which has been taken and has recouped. The principal question which emerges in an individual’s psyche is that, what next? How do I get it back? In the event that an individual trust that the trial will be over it may take one year, five years, or ten years, so ..read more
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RELEASE OF SEIZED PROPERTY DURING THE PENDENCY OF TRIAL
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by Saloni Goyal
3y ago
It is an overall cycle by police that during any investigation or enquiry they hold onto any property which they believe is proof and will be useful during the time spent preliminary, that property incorporates those from the wrongdoing has been directed or for which the an offense has been submitted. The property likewise includes the cash which has been taken and has recouped. The principle question which emerges in a individual’s psyche is that, what next? How do I get it back? In the event that an individual trusts that the trial will be over it may take one year, five years or ten years ..read more
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Jurisdiction of DRT under SARFAESI and RDDBFI Act
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by Shivika Chadha
3y ago
JURISDICTION OF DRT UNDER SARFAESI ACT, 2000 Judicial Pronouncements  The Supreme Court in a recent judgment of Authorised Officer, State Bank Of India vs M/S Allwyn Alloys, popularly known as Allwyn Alloys case on 23rd February, 2018 gave out a judgement which shall prove to be beneficial in deciding upon the scope of power of the Debts Recovery Tribunal (DRT) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).  The Allwyn Alloys Case revolved around a case of mortgaged property, wherein, an apartment was sol ..read more
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Analysis of Probation of Offenders Act
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by Rhea M B
3y ago
What is probation? The word probation is derived from the Latin word “Probatio” which means to test, to try, and to prove. During the probation period, the offender is allowed to live in a normal environment in order to reform themselves in order to become better individuals and this happens with the supervision of a probation officer. As per Sutherland and Cressey “Although probation is to a long extent a non-punitive method of handling offenders, it has developed within the framework of a legal system which is basically punitive. Probation is an attempt to deal with the offenders, as individ ..read more
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