Section 35 BNSS and the Constitutional Threshold for Arrest
Reassessing Arnesh Kumar in the Post-CrPC Framework Section 35 BNSS governs when a police officer may arrest a person without a warrant, and it makes arrest the exception rather than the rule. For cognisable offences punishable with imprisonment up to seven years, the officer must first weigh necessity, issue a notice of appearance, and record...
Read MoreWhat is a Legal Heir Certificate? Its Definition, Uses, Key Differences, and How to Apply or Download Online
A legal heir certificate is an official revenue document issued by a local government authority, usually the Tehsildar, Revenue Mandal Officer, or Sub-Divisional Magistrate, that identifies the surviving legal successors of a person who has died. It is used mainly when someone dies intestate, meaning without a valid will, and lets the family claim pensions,...
Read MoreHow to Apply for a Legal Heir Certificate Online in India?
To apply for a legal heir certificate online in India, register on your state e-District or e-Sevai portal, select the legal heir or surviving member certificate service, fill in the deceased and surviving heir details, upload the death certificate, ID proofs, and a self-declaration affidavit, pay the nominal fee, and note the Application Reference Number....
Read MoreLegal Due Diligence Before Partnering with an Indian Company
Legal due diligence is the structured investigation a foreign company runs before partnering with, investing in, or acquiring an Indian company. It verifies corporate standing, contracts, litigation, tax, and regulatory compliance to uncover hidden liabilities. Alongside financial due diligence, it protects the deal value and shapes the warranties and indemnities in the final agreement. A...
Read MoreWhy Every Foreign Company Needs a Non Disclosure Agreement India Before Doing Business
Foreign companies working with Indian businesses need a core set of agreements to protect their interests. The essential ones are a non disclosure agreement India, a service agreement India, a shareholder agreement India where equity is involved, and well drafted international business contracts covering supply, distribution, or manufacturing. Each must comply with Indian law to...
Read MoreHow Can a Foreign Company Recover Money from an Indian Company? | Legal Notice for Recovery of Money
A foreign company can recover money from an Indian company through three main routes. It can issue a legal notice for recovery of money, file a civil suit for recovery of money under the Code of Civil Procedure, or invoke arbitration if the contract contains an arbitration clause. The right path depends on the contract,...
Read MoreForeign Company Registration in India: Business Compliance Requirements for Foreign Companies
Foreign Company Registration in India runs on two parallel tracks that must move together. The corporate track sits with the Ministry of Corporate Affairs and turns on the SPICe+ form, a resident director under Section 149(3) of the Companies Act 2013, and apostilled constituent documents. The exchange-control track sits with the Reserve Bank of India...
Read MoreEnforcing UK, Singapore, and UAE Court Judgments Against Indian Companies
A money decree from the superior courts of the UK, Singapore, or the UAE can be executed directly against an Indian company under Section 44A of the Code of Civil Procedure, 1908, because all three are notified reciprocating territories. The creditor files a certified copy of the decree and a satisfaction certificate in the competent...
Read MoreCan a Foreign Court Judgement Be Enforced in India?
Yes, but the route you take depends entirely on where the judgement was passed. India does not treat every overseas decree the same way. A ruling from a court in London reaches an Indian execution bench through a different door than one from New York, and the difference in cost, time, and evidentiary burden between...
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