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The Querist along with one of his close friend had started their partnership firm, whereby a partnership deed was prepared and was executed, but was not registered. The partnership deed was not carrying the pre-requisite clauses which are inevitable and necessary for any partnership. The duo were also not having proper registrations with their respective State’s Shops & Establishment Act and were running their partnership in a most unprofessional manner. There arose a dispute between the partners of the unregistered partnership firm and one of the vendors, with respect to a claim. As per the
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The realm of laws relating to “medical negligence” has three dimensions and are covered under three different legal categories i.e.
Under the Civil Laws
Under the Criminal Laws
Under the Consumer Laws
The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the
Under the Civil Laws
Under the Criminal Laws
Under the Consumer Laws
The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the
The Querist had approached us to enquire about the process involved whereby the above arrangement could be made. The Querist was advised that they can enter into an agreement whereby they can outsource the work from the Company which is registered in the United Arab Emirates (UAE) which can outsource work to a Company registered in India, by way of an International Commercial Agreement. Theese Agreements and Contracts are valid legal documents which can be enforced before Courts. These Agreements and Contracts carry the following clauses which further streamline the work i.e.
The Non-Disclosure Agreement (NDA) should clearly mention the following clauses i.e.
Term of the NDA
Authority & Ownership Rights over the Intellectual Properties (IP)
Data Protection & Data Theft Clause
Arbitration & Jurisdiction Clauses
Indemnity & Personal Guarantee Clauses
Force Majeure & Penalty Clauses
Clause with respect to Royalty & Selling Rights
Term of the NDA
Authority & Ownership Rights over the Intellectual Properties (IP)
Data Protection & Data Theft Clause
Arbitration & Jurisdiction Clauses
Indemnity & Personal Guarantee Clauses
Force Majeure & Penalty Clauses
Clause with respect to Royalty & Selling Rights

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