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The Married Women's Property Act, 1874: Provision Related To Insurance Proceeds

As you are aware the importance of insurance in our life. Every person to some extent requires insurance to protect him and his family from financial loss in case injury, damage or destruction. Life insurance Policies /Term Insurance Policies are long-term policies and benefit-based policies. Generally, we choose life insurance policies for investment and security purposes and Term Insurance Policies to protect our family members from unfortunate events and keep them financially stable in case o..

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SEBI revised prior approval for change in control of Portfolio Managers

In order to protect the interests of investors insecurities market and to promote the development of, and to regulate the securities market, Securities and Exchange Board of India (SEBI) vide Circular No. SEBI/HO/IMD-I/DOF1/P/CIR/2022/77 dated 02nd June,2022 has issued notification related to "Procedure for seeking prior approval for change in control of Portfolio Managers" in exercise of the powers conferred under Section 11(1) of theSecurities and Exchange Board of India Ac..

Posted in articles |   591 Views

A Brief about Arbitration and Conciliation

Arbitration and conciliation are two methods of dispute resolution. Arbitration is a process in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In contrast, conciliation is a process in which a third party assists the disputing parties in resolving their differences. What is Arbitration? According to Section 2 subsection (1) (a) of the Arbitration and Conciliation Act, arbitration means "any arbitration ..

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Article 19 - Freedom of speech and expression & its limitations

As you are aware that "India" comes from the name of river "Indus River" which runs across India. It is originally taken from Sanskrit Word, "Sindhu" means river. The people of Persia called it "Hind." The Latin called it River Indus and generally all those people living east side of " Indus River" is called Indian. The world "India" means the world where "Hindus" are living and afterward it becomes "Hindustan." It m..

Posted in articles |   1107 Views

Amendments through SEBI (LODR) (Fourth Amendment) Regulations, 2021 & 22

The Security Exchange Board of India through Notification No. SEBI/LAD/-NRO/GN/2022/80 dated 25th April, 2022 issued SEBI( LODR) ( Fourth Amendments) Regulations, 2022 for amending SEBI ( LODR) Regulations, 2015. Earlier Securities and Exchange Board of India vide notification dated 13th August 2021 has amended the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("SEBI LODR"), and the said amendment is named as Securiti..

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All about Banking Regulations Act, 1949

Banks are vital to the prosperity and well-being of any society or country. Banks enable a society to create the platform for the satisfaction of wants of its people by managing and maintaining the flow of money to carry out transactions. The role of banks may be likened to the heart in a human being, circulating and managing money through the economy, thereby playing a crucial role for its good health. Banks in India and their activities are regulated by the Banking Regulation Act, 1949. ..

Posted in articles |   1 comments |   1656 Views

Amendments made by SEBI relating to related party transactions

The law relating to Related Party Transactions(RPTs) got murkier and tougher under SEBI Regulations - An analysis of the Amendments made in recent times SEBI has in the year 2021 put through, inter alia, several amendments to the SEBI(Listing Obligations and Disclosure Requirements)(LODR)Regulations 2015 with critical changes being made which pertain to the domain of RPTs. Some of the changes rung in have already become operational from the onset of the Calendar year 2022 whilst some will app..

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SEBI notifies process for change in AMC control requiring NCLT sanction under Company Law

Securities and Exchange Board of India (SEBI) vide notification no. SEBI/HO/IMD/IMD-I DOF5/P/CIR/2022/10dated 31st January, 2022, in exercise of powers conferred under Section 11(1) ofthe Securities and Exchange Board of India Act, 1992, read with the provisionsof Regulation 77 of SEBI (Mutual Funds) Regulations, 1996, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market, has issued a notification on “Change in co..

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SEBI | Issuance of Securities in dematerialized form in case of Investor Service Requests

Securities and Exchange Board of India (SEBI) vide notification no. SEBI/HO/MIRSD/MIRSD_RTAMB/P/CIR/2022/8 dated 25th January, 2022, in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 to protect the interests of investors in securities and to promote the development of, and to regulate the securities market read with Regulation 101 of SEBI (Listing Obligations and Disclosure Requirements), 2015, has issued a notification on Issuance of Se..

Posted in news |   387 Views

SC: An insurer cannot repudiate a claim by citing an existing medical condition

Manmohan Nanda Vs. United India Assurance Co. Ltd., Court: Supreme Court of India. Citation : 2021 Latest Caselaw 642 SC Judgement Date: 06 Dec 2021 , Case No : C.A. No.-008386-008386 / 2015 BRIEF FACTS 1. The facts, in a nutshell, are that the appellant had sought an overseas mediclaim policy (hereinafter referred to as "medical policy") as he intended to travel to the United States of America ("USA") to attend the wedding of his sister-in-law's daughter. The ap..

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Writ jurisdiction of high court against repudiation of life insurance claim

Dear Friends, As you are aware that the Constitution of India has provided powers of Central and State Legislature to frame Rules and Regulations and to establish a Judiciary System to enforce these. The government has established various quasi judicial authorities , tribunals, appellate tribunals and a hierarchy of judicial system to provide opportunity to the people to raise disputes related to any matters whether civil or criminal and find solutions. The Government has specified jurisdicti..

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Key highlights of CA, CWA and CS (Amendment) Bill, 2021

The government has put forward a bill in the parliament during the ongoing winter session with a key objective to curb misconduct in audit and accounting industry. The economic and corporate environment of the country is becoming complex and turbulent day by day, the Finance Minister Nirmala Sitharaman is quoted as saying in the statement "Further, recent corporate events have put the profession of chartered accountancy under a considerable scrutiny.” Following are some events i..

Posted in articles |   2 comments |   10905 Views

Assignment of Trademark

Trademark Assignment is a written document that authorizes a registered proprietor/user of a trademark to assign/transfer the trademark and to give authorization for any consideration for such assignment. The assignor transfers a registered word, phrase, and symbol or design to another owner. Trademark Assignment takes place when there is a transfer of the owner’s power, title, and interest concerning the trademark. In short, Assignment and Transmission of Trademark is a process in whic..

Posted in articles |   3183 Views

Registration under Shop and Establishment Act

Every State has its own Shop and Establishment Act ("Act"), However, the general provisions of the Act are the Same in all States. The Shop and Establishment Act is regulated by the Labour Department of the respective states. The Act regulates all the shops and commercial establishments operating within the state. The respective states issue the registrations under the Act, and thus it slightly differs from one state to another state. Shops are generally defined under the Act as ..

Posted in articles |   2625 Views

Clarification regarding amendment to SEBI (Portfolio Managers) Regulations, 2020

The SEBI (Portfolio Managers) Regulations, 2020 (PMS Regulations) were amended by SEBI (Portfolio Managers) (Fourth Amendment) Regulations, 2021 vide notification no. SEBI/LAD-NRO/GN/2021/58 dtd. 09th November, 2021, to facilitate co-investment by investors of Alternative Investment Funds (AIF) through the portfolio management route.   In this regard the Board has issued the following clarification: Sr. No. Particulars Comments/ Remark..

Posted in news |   348 Views

How differently a violation of 19(2) of the Banking Regulation Act is treated by RBI - A case

Yesterday's many financial newspapers carried news: The Reserve Bank of India (RBI) has imposed a monetary penalty of Rs 1 crore for holding shares in borrower company of an amount exceeding 30 percent of the paid-up share capital of the company. Sub-section (2) of the Banking Regulation Act, 1949, says that no banking shall hold shares in any company, whether as pledgee, mortgagee, or absolute owner, of an amount exceeding 30 percent of the paid-up share capital of that company or thirty..

Posted in articles |   1179 Views

Rule of Contra Proferentum under insurance

Dear friends, We know that a Contract Of Insurance is based on utmost good faith. It means, while at the time of applying for insurance the insured has disclosed all material facts and other required details to the insurance company and vice-versa. The facts disclosed by an insured will help insurance company to decided risk exposure and whether to accept the associated risk or not and if yes then the amount of premium to be charged to the insured. An insurance contract (General Insurance)..

Posted in articles |   399 Views

Step by Step Registration Process of ‘CS’ as a Trademark Agent in India

Trademark agents or attorneys are licensed verified professionals who offer comprehensive legal inquiries regarding trademark filings, registrations, and appeals. In order to maintain brand representation, it is important to clarify the checks that are accompanied by a trademark register, which are called brand representative checks. A company secretary receives the privilege of a brand agent exam. What is meant by the Term Trademark? Trademarks are a branch of intellectual property rig..

Posted in articles |   2 comments |   861 Views

Copyrights in India

COPYRIGHT Copyrights protect original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. Copyright in India is governed by Copyright Act, 1957. As per this Act, copyright grants author's lifetime coverage plus 60 years after death. All original intellectual creations expressed in a reproducible form will be co..

Posted in articles |   588 Views

The Alternative Dispute Resolution - Take Charge of your own Dispute

Introduction Conflict among humans is common rather it is an inevitable part of our life that generally causes due to disagreement with one’s opinion that may be cultural, personal or professional, or other, that further give birth to Dispute. We may be having disputes concerning family matters or in work-life or maybe while merely passing the street but thanks to our sense of logic and justice we can resolve them amicably and certainly avoid such possible conflicts. Naturally in ..

Posted in articles |   588 Views

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