Antitrust Laws in India: Overview of the Competition Act
Antitrust laws also called competition laws are statutes to protect consumers from predatory business practices. Such laws are expected to regulate economic activity that monopolizes competition within the market with aims to protect consumers and small enterprises and ensures the freedom of trade.
Rules and regulations for Sole Proprietorship Businesses in India
The structurization of a business entity as a “Sole Proprietorship Firm” requires less legal formalities, in comparison to other entities. However, since they are not categorized as a separate legal entity, therefore, the liability of the proprietor is unlimited in case of such business structures.
Withholding of gratuity vide an undertaking
Payment of gratuity in India is regulated by the provisions of Payment of Gratuity Act, 1972 ("Act"). The Act is applicable to all factories, mine, oilfield, plantation, port, railway companies and also to every shop and establishment within the meaning of law in which ten (10) or more persons are employed, or were employed, on any day of the preceding twelve months.
One person company (OPC) – Registering in India
The Companies Act 2013 has introduced a new concept of “One person company”. One person company (OPC) provides an avenue who wants to venture into a business under the guise of organized business structure. Such a company will be in the nature of a private company. The article shall focus on the formation of a “One Person Company”.
Registering a Business in India
A business establishment can be incorporated in the form of a company, partnership firm, limited liability partnership, one person company, and proprietorship. Though it is not mandatory to register a company before starting a business in India however, the nature of the business establishment depends upon the requirement of the individual, such as tax exemption, funding requirements, liability assessment, membership, etc.
Withholding of gratuity of an employee, after superannuation from service, pending disciplinary proceedings
The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused...
Nature of presumption drawn for Negotiable Instrument
Section 139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.
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