Pensions non attachable!

Pensions – Not liable to attachment against dues on account of Income Tax - No pension granted or continued by Government shall be liable to seizure, attachment or sequestration by process of any court at the instance of the creditor for any demand against the pensioner or in satisfaction of decree or order of any such court - The present is a case of sovereign dues which would not fall in any of the categories enumerated therein which are free from attachment - Attachment with which we are concerned in the present case was neither by a creditor nor founded upon a decree or order of the Court - It is thus, not of the nature contemplated by Section 11 of the Pensions Act.2017-

4 PUNJAB LAW REPORTER - OCTOBER

Resign as a Director in Private Limited Company

Recently one of my friend, Director in a fast growing startup popped up this question to me. So here comes the post on it as it gave me the opportunity to brush up my Company Law skills once again.

1 Send the notice first to all other directors of the company at their registered addresses.
2 Send form DIR 11 to Registrar of companies within 30 days of notice or upload it on the MCA website.
3 After acceptance the remaining directors (minimum 2) will send form DIR 12 to ROC.
4 In case your resignation is not accepted, then ROC will adjudicate.
5 Director will not be liable for future decisions but decisions taken before, he can be held liable.

The recent amendment in companies act, 2013 has made it uber easy and simple to do the compliance.

Ricky Chopra Interview!

Bptp ke samne sec 57 /51 Gurgaon
Fare- 225 both sides.

Analysis- our thoughts circumscribe the life we live. If you travel, you would know more, better and extra. To sum up my experience of visiting the law firm of Ricky Chopra, the one liner is apt.

The interview help me realized what all is required to be done to reach the next level. Take written English for instance. I was not aware of that being a singular which takes plural verb form.

A long way to go to perfect my writing skills.  The power of leaving one thought and without leaving it's trail is a good thing. You have to maintain a discipline of finishing the task you have started and then transition from one thought to the other should be smooth. It should not be in conflict with one other.
A good English writing capability can help you achieve lot many things.

How to inspect file in Panjab and Haryana High Court

1 Fill the form and pay the inspection fee.
2 You will be given the date and time
. Urgent option is also there same day.
3 Take the manual form with pencil. Mark your file with Court file. Mark the pages you want print out of.
4 After inspection, submit the manual and write inspected.
5 Submit the file back to officer. Your file is inspected.

Rebuttal Evidence

Evidence – 
Rebuttal evidence

Opportunity to lead rebuttal evidence is available to the plaintiff only with respect to the issue(s), onus whereof is on the defendant - Re-buttal evidence can only be permitted with respect to the issue, onus whereof was on the defendant - Plaintiff cannot be permitted to lead evidence in rebuttal with respect to the issue, onus whereof was on the plaintiff.

(2017-3) PUNJAB LAW REPORTER 869

How to file Consumer Case in Chandigarh

Filed the case today on 23.08.2017 for
Rajesh vs. HDFC

Checklist

0. Index
1. Complaint u/s 12 - Rs 1 photocopy
2 Detailed Affidavit - Rs 20 attest
3 Annexures- true copy, sign , Advocate
4 three copies each for bench
5. First copy affidavit, dates on all petition.
6. On vakalatnama your address and phone number.
7 Write on 2nd page, noted for 03.09.2017
Adv Satish Mishra,  sign above, dated 01.09.2017. Case gets listed for one day after.
8. When some mistake put up as it is and make sign. 
9 Postal order rs 110.  No ticket on vakalatnama.
10. File cover- Rs 15 plus 15 for 3, threads.
Ready and your case gets filed in.
Rs 250 for entire case.

Index for RSA

Urgent form
Court fees
Exemption application 151 cpc
Affidavit
O 39, R 1, 2
affidavit
041, R 27 additional evidence
Affidavit
Grounds of appeal in RSA
Affidavit
Memo of parties
Copy of judgment / Decree of civil judge
Grounds of appeal in RFA
Copy by district judge order
Annexures which supports your claim
POA

District Consumer Redressal Forum Panchkula

District Consumer Redressal Forum Panchkula has a new address which you might not be knowing.

So, here I am, sharing the address plus the new way of depositing Court fee in bank rather than Court themselves.

OFFENCES AGAINST THE BODY (299-311)

CH (Culpable Homicide) - Doesn’t know who to kill   

Murder- Knows who to kill

CH 299- Culpable Homicide (IK) Intent and knowledge necessary for the offence. [ Before any charge u/s 304 II, material on record must show prima facie of CH accused has done an act which likely to cause death.

I-> Injury likely to cause death. 

K-> Act will cause death. (IK)

300-> Murder where intention is there.

Positive Mental Attitude – Special Mens Rea

1.            Intention to cause death.

2.            Knows bodily Injury cause death.

3.            Intention of causing bodily injury in ordinary course causes death.

4.            Act imminent will probably cause death

Intention to cause Death- From facts and circumstances of each case particularly nature of weapon and how it was used.

Five exceptions of Sec 300, IPC then offence is CHNAM (Culpable Homicide Not Amounting to Murder)

1.     No self control. Deprived of self control under grave provocation
2.      GF exceeds RPD, power given by law.
3.     By Public servant.
4.      Sudden Fight 
5.      Risk of Death with his own consent. Above 18 yrs

S.no	CH is Murder	CH is CHNAM
1	Act which cause death or intention of bodily injury causing death.	Check Sec 299 first. Does it fulfill it? IK
2	Ordinary course of nature such act cause death	Operation of Sec 300 if negative Then CH is not amounting to Murder and Falls in 304 (1) , 304 (2)

When Culpable Homicide amounts to Murder- three stages:

1.       Stage One-The accused has done the act which caused the death

2.       Stage Two-Proof of such causal action b/w the act of accused and death is second stage to determine whether it is CH as per 299.

3.       Stage Three- If the answer of this question is prima facie is in affirmative, stage is reached for operation of Sec 300. Check whether the act falls

a.       within exception (five) of 300 or

b.       positive elements (4)  , if negative (4) then CHNAM {304(1) or 304(2)} depending upon the Explanations 2 and 3 given in sec 299

c.       If question is still found to be positive, but with exceptions (five), then CHNAM under 304 (1)

The second and third stages are so badly intertwined that they telescoped into each other and it would not be convenient to give separate treatment to 2^nd and 3rd stage. (AP vs. R Punnayya) (Morcha vs Rajasthan)

When CH doesn’t amount to Murder- Eg. Exception 4 to section 300

a.       Sudden fight

b.      Absence of pre-meditation

c.       No undue advantage or cruelty, but the occasion must be sudden and not as a cloak for pre-existing malice.

When the deceased was armed and did not cause any injury to the accused even following a sudden quarrel and the accused has inflicted fatal blows on the deceased, exception 4 is not attracted. 

Kikar Singh vs. Rajasthan

Sec 301- CH of causing death of other than the person intended. Same as of CH he knows. Theory of transferred Malice is applicable.

Sec 301 & Sec 100 of IPC- RPD killed someone else. It is still protected.

Sec 302- Punishment for Murder is Death, LI, Fine (C, NB, NC, Session). The trial depends on these following:

1.       Recovery of Body not essential for conviction of Murder.

2.       Appreciation of Evidence in Murder trial.

3.       Sentence-> 354 (3) LI is rule and Death sentence is exception. Reason for LI and special reasons for Death Sentence.

Sec 303 – Punishment for murder by Life Imprisonment convict is death. (C,NB, NC, Session)It is not mandatory anymore. Mithu vs Punjab by SC.

Sec 304 – CH NA to Murder. Culpable Homicide not amounting to Murder.

LI, 10yrs- Intention

10 yrs –Knowledge likely to cause death. (C,NB,NC,Session)

CH NAM- NO offence but just provides the punishment. If it falls under the exceptions cited by Sec 300. Then CH is NAM. Condition for Murder is :

1.       Death must have been caused.

a)      Intention to Kill

b)      Knowledge to Kill

304 (1)- Intention to cause bodily injury to cause death sudden and grave.

304 (2)- No intention but knowledge will cause death.

304 A- Death by rash or negligent Act bit not amounting to CH (2yrs , fine or both) (C,B,NC,1^st class). To attract this section, there should have no intention, and No knowledge.

304 B- Dowry Death  Within 7 yrs. Dowry same meaning as of Sec 2 of Dowry Prohibition Act, 1961 (LI, & yrs Imprisonment) (C,NB,NC, Session)

a)      Death within 7 yrs

b)      Soon before death treated to cruelty, Burden on party to disprove it.

Presumption u/s 113-B of prosecution able to establish circumstances set out in Sec 304-B

1.       Ingredients.

2.       Not retrospective

3.       Meaning of Dowry included.

305- Abetment of Suicide Child, or insane.[ Death , LI, 10 yrs]  (C,NB,NC, Session)

306- Abetment of Suicide [10 yrs, C,NB,NC, Session]In dowry cases it is attracted. It is decriminalized now. Note- 498A and 306 are independent and constitute different offense.

307 – Attempt to Murder. 10 yrs Hurt is caused (LI+10yrs)

        Attempt by life convict, If death

1.       Intention 2. Preparation 3. Attempt

308- Attempt to CH (3yrs, 7yrs if hurt) [C,NB,NC,Session]

309- Attempt to commit suicide. 1yr [C,B,NC,T] Now it is decriminalized.

310- Thug- Defn member of robbery or child stealing by means of an accompanied with murder

311- Punishment for thug . LI [C,NB,NC,Session]

 Pictorial Graph 

Section	Offence	Ingredients	Punishment	Category
299	Culpable Homicide CH	IK (Positive Mental Attitude,Injury, Bodily harm likely to cause death)
300	Murder	When Intention is there
301	CH of person other than intended.	Same as of CH
302	Punishment for Murder		Death,LI,fine	C,nb,nc,session
303	P for Murder by Life Convict		LI, Death (not mandatory)	C,nb,nc,session
304	CHNAM	Exceptions of 300 (5)		C,nb,nc,session
1	Self control, Goof Faith RPD	Intention to cause injury to cause sudden death or grave injury	LI, 10yrs
2	Public Servant, Sudden Fight, Consent Fight	No intention but knowledge will cause death	10yrs
A	Death due to negligent and rash act		2yrs	C,B,NC,Ist (1k)
B	Dowry Death 7yrs		7yrs, LI	C,nb,nc,session
305	Abetment	Child, Insane	Death, LI, 10 yrs	C,nb,nc,session
306	-do- Suicide	Suicide	10yr	C,nb,nc,session
307	Attempt to Murder	For life convicts – Death punishment	10yr,LI, 10 yr if hurt	C,nb,nc,session
308	-do- CH		3, 7yrs if hurt	C,nb,nc,session
309	-do- Suicide	(Decriminalized)	1yr	C,B,NC,T
310	Thug
311	P for Thug		LI	C,Nb, nc , session

DRT sample Application Form

http://www.bankdrt.com/nf/forms/forms/case3.htm

Legal Startups in June, 2017

Legal Industry is flourishing with Ideas, Funds and Technologists who are busy trying different things with Consultancy, Compliance and Publishing. As a result of these, we can see new legal startups every now-n-then.

But this is extremely grateful for young lawyers like me who are just waiting for the right opportunity. Not only these startups offer jobs but get niche services for the consumers. Just because of them, today consumer can make an informed decisions when it comes to any legal trouble or issue related to compliance.

Legal Tech is next emerging field and Professionals from legal Industry are already tying up with websites, digital Guru's to provide them a strong online presence.

Here are my top eight favorites which are making hustle in the Legal Industry of Today. Keep a eye on them. They are too good!

Legal Startups India June, 2017

1 Aadvo 

Legal Tech market place to manage legal work online. Businesses and individuals can hire the best fit for their legal needs and manage their workflow and payment in the most simple and transparent manner.

2 InCourt 

InCourt is a legal news app that selects relevant news from multiple sources and Judgments from different Courts of India. The app summarizes news and judgments in 60 words or less. All summarized stories contain headlines, a brief description along with its background and relevant images. Get updated with plethora of latest legal updates in a nutshell.

3 THE LEGAL INDIA 

'The Legal India' is an online news portal that aggregates news and updates specific to the legal industry. Our motto is to increase legal awareness among the masses and increase the target audience beyond law fraternity for legal news and updates

4 People For Legal Assistance 

At PLA, we want to make legal easy, fast and simple and most of all approachable by making it available to more people than ever before.Long gone are those days when you had to look all around to get your legal demands met


5 Legistify 

Nation's widely used and one of the most unique "Online Legal Facilitation Platform". Whether you are in a startup, an established businessman or a student entrepreneur, legal problems should now be the least of your worries. We have got it all covered up for you!Experience Legal Liberation with legistify.

6 Conscientia Law Associates

We are a legal & compliance consulting firm with areas of focus in accounting, hr, business development, litigation, non-litigation, drafting, compliance management, e-filings, etc.

7 VAIDAT Legale Services

VLS we aim to provide specialized services to all our patrons in the field of foreign collaborations and investments, merger, acquisitions and takeovers, international trade, anti-dumping, multilateral/bilateral trade treaties, international taxation including taxation of ex-pats/non-resident

8 Patfrigate Solutions Private Limited

Patfrigate Solutions Private Limited is dedicated to providing quality intellectual property services to our domestic and international clients. We deal in matters spanning a vast spectrum of intellectual property rights like patents, trademarks, copyrights and digital economy IP rights.

If I have missed any, please feel free to add in the comments section below. Stay tuned for the Legal Startups in July. Coming soon!

Electronic Evidence under Indian Evidence Act.

Electronic Evidence is only acceptable when Sec 65B certificate is given. 65B refers to process of creating the ‘Computer Output’ and not the process of “Creating the Electronic Document which is the subject matter of the computer output.

Sec 65B brings the binary electronic document to an “Admissible” form by creating a “Computer Output” as envisaged in the section.Open to court to call section 79A recognized “Digital Evidence Examiner” to assist it in resolving the disputed electronic document.

Sec 65 deals exclusively with Electronic Evidence. Any information printed on paper shall deem to be document only if it satisfies sec 65(2), without further proof or production of original. It has to fulfill Specified conditions:

1 Information is produced regularly from the device where the person has a lawful control over the computer.

2 Information fed was inserted in the ordinary course of activity.

3 During the material part of period, computer was working properly or not properly but it has not affected the record or the accuracy of its contents.

4 Information in record should be a reproduction or derivation from the information fed into the computer in the ordinary course of said activity.

Sec 65B (3- What constitutes as single computer

Sec 65B (4) - what should a certificate include.

For giving Certificate, secondary evidence to be dealt with Sec 65 A and 65B alone.

Sec 67A – Proof as to a Digital Signature.

Sec 73A – that person, controller or certifying authority to produce the digital signature.

Two latest Judgments that clarifies the legal position are:

 1 Anvar P.V vs. PK Basheer and others

2 Harpal Singh @Chhota  vs. State of Punjab

Mode of Proof:

a.       Integrity of the data

b.      Integrity of the hardware/Software

c.       Security of the system

Electronic messages- Sec 88 A, presumptions as to such messages. Sec 88, 88A, 114(f) of IEA with sec 26 of the General Clause Act are relevant sections for sending and receipt of email and its proof.

Email- read with 65B r/w Sec 88 A of IEA. Testimony to download and print the same is sufficient to prove.

Call Records-    Call an expert who is familiar with the operation of the computer concerned.

Proof of contents of C.D.-   Compliance of sec 65B and not the proof of CD.

Proof of a Photograph taken from Digital Camera-    Electronic record and can be proved as per section 65B of evidence Act.

Proof of obscene SMS sent through Mobile phone -   Sec 67 of IT act is Cognizable and non-bailable Offence under Sec 72 of the said act is non-cognizable and can be said to be bailable offence.

 

ATM-   

Video Conferencing – 65A and 65B of IEA and that definition includes video conferencing.

State of Maharashtra vs. Praful B Desai (AIR 2003) -why video conferencing should not be a essential part of the electronic evidence.

Identification Affidavit when the person is filing from remote location. Person who examines also has to file the affidavit. Oath has to be administered through media if the person giving not present. Plaint copy should be sent to the petitioner as specified in Civil Procedure Code.

Proof of digital signature of a person

Presumptions of Electronic Records – Sec 81 A of IEA, 85A of IEA, 

Sample MOU for Ending Litigation

https://mehnat.in/memorandum_of_understanding_498a.html

Sample MOU for Marriage Petition

https://mehnat.in/mou_498a_sample.html

Contested Divorce Procedures

STEP-I: Filing of the divorce petition containing the facts of the case, the grounds of divorce containing all details of the parties. 
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed. 
STEP-III: The parties to the divorce proceedings are directed to appear before the court for mediation in most of the cases and efforts by the court is made to reconcile the parties and in the event of failure of the reconciliation proceedings the matter is posted for further hearing in the matter.
STEP-IV: The Family Court directs the opposite party to file written statement to the divorce petition and take all his defenses. 
STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc is decided by the court at this stage of the case. 
STEP-VI: The court frames the issues for adjudications and the matter is posted for evidence of the parties. 
STEP-VII: The petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witnesses. 
STEP-VIII: The respondent is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses. 
STEP-IX: The final arguments in the matter are held and the matter is decided by the court. 
STEP-X: The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law.

How to Write a Will in India

Important Sections First

1 Personal Details
2 Declaration of Date
3 Validate free Will
4 Provide Executor's Details
5 Details of Assets & Beneficiaries
6 Signature
7 Signature of Witnesses

Online Will Provider in  India

1 lawrato.com
2 HDFC
3 ICICI
4 IndianWillmaker
5 Relakhs
6 Indiafilings.com
7 India.makeyourwill.com
8 doyourownwill
9 legalzoom
10 legaldesk

Entrepreneurship Administration and Business Laws with NUJS

MODULE I: Structuring a Business

---

Sole proprietorship as a business structure
Family business

• Issues in family business
• Taxation issues
• Partition and family settlement
• Appointment of professional management for running a business

Structuring a partnership / LLP

• Partnership Deed, LLP Agreement, registration requirement and procedure, number of partners, designated partners, sharing of profits, dissolution of partnership, default rules under Partnership Act and LLP Act.

Structuring a company

• Formation and incorporation- private company, one person company: Reservation of Name, Director Identification Number and Digital Signature, Forms to be submitted to Registrar of companies for incorporation, Memorandum and Articles of Association, Types of Share Capital, Annual and periodic compliances.

Incentives and relaxations for startups and early stage businesses

• MSMED Act: Advantages of registration, Registration process, money recovery procedures for startups, effective payment-related , dispute resolution mechanisms, Sample disclosure to be made under MSMED Act

Non-profit businesses and hybrid models

• Procedure and key issues for incorporation of a trust / society / non-profit company
• Tax benefits for a non-profit
• Hybrid structures and their relevance

How to appoint advisors and remuneration models

Key takeaways

• How to draft partnership deeds and LLP agreements
• Drafting memorandum and articles of association of companies
• Process, checklists and flowcharts for incorporation of partnership, company and LLP
• How to start a non-profit venture, and process for claiming various government incentives for non-profits
• Advisor agreement

Sample contracts and templates

• Partnership Deed
• LLP Agreement
• Co-Founder’s Agreement
• Memorandum and Articles of Association(as per Companies Act, 2013)

MODULE II: Taxation, basic accounting, import-export and customs duty

---

• Accounts for business: Elementary accounting and record keeping for various forms of business entities (for a person who is not trained in finance), Accounting and the Law, Financial planning for a business.
• Corporate taxation
  • Corporate income tax, Minimum Alternate Tax (MAT), taxation of software product and SAAS companies, tax on issue of capital (e.g. equity, bonus shares and convertible instruments)to different entities, transfer pricing
  • How TDS works – including forms, modes and timelines of for payment double taxation avoidance provisions and agreements, tax on software
• Indirect Taxes: How and when to obtain registration for Central Sales Tax, VAT, Service Tax, Excise Duty
• Tax strategy, regulatory proceedings and litigation
• Export and import: Import and Export duties, Process of import-export, incentives for exporters.

MODULE III: Corporate Governance –

---

• Introduction to corporate governance: how does a company manages its activities?
• Models of corporate governance: Indian and international practices
• Regulation of listed companies
• Regulation of foreign companies doing business in India
• Instruments of control: Board of Directors, Shareholders’ Meetings, legal instruments
• Shareholders’ Agreement, charters of the company
• Related party transactions
• Different types of company meetings Board Meetings, Committee Meetings, Shareholders’ meetings
• Corporate governance related compliances
• Appointment of Directors, Roles of Directors, Director’s liabilities, duties and liabilities of executives
• Independent director – Appointment, roles and liabilities
• Laws of executive compensation
• Role of Shareholders in corporate governance
• Corporate communications and reporting systems
• Repatriation of profit, Divisible Profits and Dividend
• How an outsider should deal with a company?
• Corporate Social Responsibility

MODULE IV: Raising investment – Angel rounds, VC & PE deals

---

• Introduction to raising investment – financial and strategic investment
• Business structuring and investment
• Angel investments and regulation of angel funds
• Steps in an investment transaction – negotiation, drafting and legal strategy
• How to conduct due diligence?
• Understanding non-disclosure agreements (NDAs)
• Understanding capitalisation table and termsheets
• Private placement process
• Transfer of shares
• Dealing with multiple investors
• Shareholders Agreements and how to negotiate them
• Exit issues in investment transactions
• Advanced issues – Private equity, PIPES transactions, Strategic investment and Joint ventures

Key takeaways

• How to negotiate shareholders agreements and termsheets (with case studies)
• How to negotiate shareholders agreements with investors
• How to conduct due diligence

Sample contracts and templates

• Non-disclosure agreement
• Shareholders and share subscription agreement
• Term sheet
• Due diligence report

MODULE V: Institutional finance – Loans and ECBs

---

• How do you raise investment or loans to finance a business?
• Raising debt financing – syndicate loans vs. single bank loans
• Bank guarantees and securities
• Introduction to FEMA, various types of bank accounts in India, handling and remittance of foreign exchange, current and capital account transactions
• External commercial borrowings, raising finance by a non-profit entity from foreign sources
• Essential issues in loan agreement
• Understanding syndicate loans
• Important clauses in a Syndicate Loan Agreement

Key takeaways

• How to identify key issues in a loan agreement
• How to identify important regulatory concerns in a foreign investment transaction
• FCRA requirements for receiving donations

Sample contracts and templates

• Sample loan agreement from a domestic bank
• Syndicate loan agreement for ECB

MODULE VI: Foreign direct investment and regulatory issues

---

• FDI restrictions on foreign investors
• FDI in different business structures Companies, Trust, LLP
• Sectoral regulations – FDI in e-commerce
• Entry-related issues – approval route, conditionalities and sectoral regulations
• Pricing restrictions
• Exit related issues
• Bank accounts for foreigners and handling foreign exchange
• Valuation, compliance and filing requirements
• Relaxations for foreign venture capital investors
• Negotiating exits with foreign investors

Sample documents

• Sample FIPB approval application
• Sample sectoral approval application
• Sample FIPB and sectoral approvals

MODULE VII: Employee Management Labour Law and Business licenses

---

• Employment agreement
• Labour law compliances
• Legal forms of incentives and perquisites
• Structuring ESOP& ESPS
• Intellectual property and employees
• Non-compete agreements, non-disclosure agreements
• Employee sharing/deputation
• Attrition management
• Trade licenses
• Industrial licensing and environmental compliance (for large companies, particularly manufacturers)

Sample agreements and documents

• Employment agreement
• Employee-sharing arrangement
• Sample ESOP Plan
• Sample board resolution approving ESOP Plan
• Sample letter for granting stock options

MODULE VIII: Arbitration and Dispute Resolution

---

• How to avoid disputes and drainage of resources through courtroom battles
• Arbitration, negotiation, arbitration clauses in contracts
• Structuring arbitration for speedy and fair resolution
• How to develop a dispute settlement strategy
• How to use anti-suit injunctions in international transactions
• Introduction to commercial mediation proceedings

Key Takeaways

• Sample clauses for institutional arbitration (from renowned arbitration institutions)
• Sample clauses for ad hoc arbitration and their pros and cons
• How to draft a customized arbitration clause for speedy and cost-effective arbitration
• When to apply for anti-suit injunction

MODULE IX: Information Technology and Law

---

• Legal structure governing the Internet, electronic contracts and digital signatures
• Data protection under Indian law
• Offences under Information Technology Act
• Electronic evidence and the law
• Intermediary liability and compliance
• Payment gateways and legal documentation
• Cloud computing agreements and End-User License Agreements (EULA), privacy issues on the Internet.
• Essential Information Technology Contracts
• Outsourcing contracts
• Steps to deal with online intellectual property infringement

Sample Documents

• Statement of work
• Master Services agreement
• Sub-merchant agreement
• Maintenance and Support Agreement
• Privacy Policy
• Terms of Service
• Takedown Notice
• Cease and Desist Notice for IP Infringement

MODULE X: Intellectual Property Rights and IP monetisation

---

• Copyright: Copyright Act, Rights available to copyright owner, Originality and Idea-Expression dichotomy, infringement of copyright, Exceptions to infringement (including fair use), Copyright protection on internet, Digital Millennium Copyright Act, software piracy.
• Patents: Patent Act, components of a patent application, international patent registrations, rights available to patent holders, requirements of novelty, inventive step and industrial application, product and process patents, assignment and revocation, Patenting of biotechnology inventions and pharmaceutical products.
• Trademark Act: Registration of trademark, steps for international registration of trademark, rights available to trademark owner, Goodwill, different types of marks such as service marks
• Monetization of intellectual property – Licensing and franchising agreements
• Trade secret law, employment contracts and protection of software

Key Takeaways

• How to obtain copyright, trademark and patent registration in India
• Procedure for international registration of trademarks and patents
• How to enforce IP rights against imported items and fake products
• DRM technologies and copyright law
• Special court orders for protecting and enforcing IP rights
• How to draft end-user license agreements (EULAs)

Sample Agreements

• IP License Agreement
• Franchisee Agreement
• Assignment Agreement
• End-User License Agreement

MODULE XI: Management Practices and Laws

---

• Legal risk management – identifying and minimizing risks
• Building processes and internal policies
• Internal company policies, security systems, allocation of responsibility amongst officers, imposing contractual obligations, reporting structure
• Recruitment policy, compensation policy, performance management policy, leave policy, medical policy, sexual harassment policy, data protection and confidentiality policy, grievance redressal policy, whistleblower policy, emergency policies, media communications policy, social media and blogging policy
• Key business agreements and risks – Distribution agreement, Marketing Agreement, Commercial leases, Consultancy Agreement, Collaboration/Co-branding Agreement, Advertising Agreement
• Mitigating risks of sexual harassment
• Online reputation management
• Key insurances necessary for business- Fire and Special Peril, Transportation, Keyman Insurance, Terrorism Insurance, Group Insurance, Public Liability Insurance, Professional Liability Insurance,Director’s and Officer’s (D&O) Insurance.

Key takeaways

• Practical checklists for framing various internal policies of the company
• Understanding insurance policies and their strategic use in management
• Sample D&O Policy and negotiation essentials

MODULE XII: Overview of major sectoral and industry-specific legislations

---

• SEZs: Law relating to SEZs (includes tax sops available to SEZs), types of SEZs, comparison of SEZs with Export Oriented Units (EOUs) and Software Technology Parks (STP)
• Banking and financial laws
• Insurance: Regulation of insurance sector
• How mutual funds work and introductory fund structuring

Key takeaways

• Learn whether a particular business should be located in an SEZ, or an EOU or an ordinary exporter

MODULE XIII: Government Tenders and Contracts

---

Government is the biggest enterprise level consumer. Certain norms are to be followed for doing business with the government. The purpose of this module is to cover the basics of the same. This module introduces the students to the following:

• Legal basis of tenders – Article 14 and promissory estoppel
• Rules and procedures governing procurement of goods and services for central government departments
• Essential terms in a bid document
• Public Private Partnerships, EPC Contracts and Concession Agreements
• An overview of bidding methodology that the Government may adopt and the legal principles relating to the same – such as competitive bidding, first-come-first-serve, sealed bids, auctions, tenders.
• Legal compliances typically insisted upon by the Government for evaluating eligibility criteria of bidders
• Prohibition of unfair bidding practices – a discussion on bid-rigging
• Reservations for startups and SMEs

Sample Documents

• Notice inviting tenders
• Public Private Partnership and Concession Agreements

MODULE XIV: Negotiation and Contract Drafting

---

• Contract drafting essentials- Elements of a contract
• How to become proficient at drafting contracts- drafting guidelines and checklists
• Pointers and checklists to ensure a risk-free contract
• Boilerplate clauses – Importance and customization
• Negotiation essentials – Important points that every entrepreneur or his advisor should know, Negotiation soft skills
• Inclusion of commercial intent in contracts
• Negotiating and drafting sample agreements – Non-disclosure agreements, shareholders’ Agreement, Commercial lease

Additional benefits

• Periodic Webinars from general counsels, law firm partners, senior government officers and successful businessmen
• Sample Agreements, checklists, application forms and documents
• Industry updates from top law firms in India and Silicon Valley
• Recruitment preparation and career guidance toolkit – learn about career opportunities for commercial lawyers, how to crack interviews, draft covering letters and CVs and convert internships into job offers (with video training)