Advice Legal

 Filing a case at the National Company Law Tribunal (NCLT) in India follows a proper legal procedure, which should be followed in a very systematic manner. The NCLT deals mainly with cases of company law disputes, insolvency, and corporate restructuring.   Firstly, one needs to ascertain the type of case he/she wants to file. Whether it is an insolvency, oppression and mismanagement case or a company law case, each case will require filing a separate application form along with relevant documents as required by law.   Subsequently, the case petition is presented to the concerned NCLT bench that has jurisdiction over the registered office of the company. After processing, the petition will go through the notice period and then the hearing.   It would therefore be sensible if you decided to consult an experienced NCLT Lawyer in India .

Dealing with false cases of workplace harassment is one of the toughest situations in the workplace. Although the Workplace harassment laws in India protect employees in the workplace, they still provide the accused with an opportunity to prove themselves.   Understanding the Workplace Harassment Laws in India The first law that is applied in such situations is the POSH Act. According to the Workplace harassment laws in India, the organisation is required to form an Internal Committee. The first query is: Is workplace harassment illegal? The answer is yes; workplace harassment is considered a criminal offence. But the case should be supported with the required investigation.   What is a False Workplace Harassment Claim? A false workplace harassment claim includes: ●        Knowingly false accusations ●        Malicious accusations ●        Unsubstantiated accusation...

India's startup ecosystem keeps attracting the interest of the world community, and for NRIs, it provides a lucrative avenue for making an investment in startups in India. But before making such an investment, it is important for NRIs to learn about legal due diligence for investing in India to ensure that there are no legal risks involved.   Why Is Legal Due Diligence Important for NRIs?   Startup investments entail more risks than investments made in established companies. NRIs also need to consider the legalities of their investments because there will be foreign exchange laws to take into consideration. Doing due diligence ensures that the venture being considered for investment is legally acceptable.   If you are interested in making investments in Indian startups from overseas, then it makes sense to do some studies on the legal frameworks of NRI investment in Indian startups .   Critical Areas to Look Into Prior to Investment   Legal ...

Workplace conflicts may sometimes result in the overlapping of the true cause of the problem and a potential exploitation of the policy for personal gain. As per the employee harassment laws in India , organisations must take all grievances into consideration and conduct a fair investigation. However, at the same time, differentiating between real instances of harassment, blackmail or pressuring is imperative.   How to Spot A Genuine Workplace Harassment   True cases of harassment are characterised by the existence of any unwelcome act, which leads to the creation of a hostile or intimidating working environment. The POSH Act, 2013 , has defined sexual harassment and its guidelines.   Some of the typical features of harassment are as follows: ●        Persistence of the behaviour Conduct in the form of improper comment, gesture or advance even after being told about it. ●        Presence of dis...

The conflicting statements are a problem that is commonly encountered in cases of workplace harassment. Thus, when the statements of the complainant and respondent differ, the POSH Act Internal Committee must assess the situation to arrive at a conclusion. Understanding the Inquiry Framework The Inquiry procedure under the POSH Act is a framework to deal with cases of harassment. This procedure ensures that: ●        Both parties are given a hearing ●        Objectivity is applied to evaluate evidence ●        The decision is based on facts, not assumptions Roles and Responsibilities of the POSH Committee The roles and responsibilities of the POSH Act Internal Committee are well spelt out under the law, which include: ●        Ensuring equal opportunity to both parties ●        Maintaining confidentiality ●  ...

Facing an accusation under the POSH Act in the absence of evidence is always a tough situation for any manager to go through. Even though the law is set in place to protect the employees from the consequences of the Workplace harassment Act, India , certain provisions ensure the accused do not face arbitrary action. What is the Legal Framework Of The POSH Act The POSH Act, 2013, also known as the Workplace harassment Act of India, is a set of guidelines that control how cases related to workplace harassment are handled. The latest POSH Act developments and interpretation have highlighted the importance of: ●        Fair inquiry and investigation ●        Protection of the dignity of both parties ●        The use of evidence to arrive at a conclusion   Important Rights of the Manager Accused based on Lack of Evidence Managers who are accused but do not have substantial evidenc...