Legal Guides

Important Central Acts & relevant sections: Part 1: The Advocates Act, 1961

– Compiled by Abul Kalam Azad Sulthan, Advocate, Madurai Bench of High Court of Judicature at Madras.   Section 16: As per this section, advocates are classified as two categories. 1) Senior Advocates and 2) other advocates. Section 17: A roll of advocates shall be prepared and maintained by the State Bar Council Section 18:  Transfer of Advocate's [...]

How the Indian Legal System treats its prisoners? What are the different international treaties on prison reforms ratified by India?  

-Abul Kalam Azad Sulthan, Advocate, Madurai Bench of High Court of Judicature at Madras Introduction: Recently, the Apex Court of India criticized and expressed its concerns on the debased and depraved conditions of the prisons and sub-human treatments to prisoners prevailing in Indian prisons. The shabby structure of the prisons, cram-full and congested prisons, increasing [...]

Tourism and Environmental Law Discussion – Part 1

What are the Pillars of Tourism as Business?  There are three pillars of tourism as a business. Those are: a) A policy component: For any tourism business, irrespective of its size, an internal policy or business plan is very important. The tourism plan will identify the area or particular type of tourism business to be [...]

What are the laws a doctor must be aware of?

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm. Introduction: Doctors are approached by patients as the patients believe that the doctor can give medical treatment with the knowledge and experience gained from the medical education and years of practice, and [...]

Foreign Direct Investment (FDI) in Indian LLPs (Limited Liability Partnerships)

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm. Introduction: LLP is a new corporate vehicle in India and it is a right combination of features of a Partnership firm and a limited liability company (A private limited company).  It is [...]

Commercial Courts, Commercial Divisions and Commercial Appellate Divisions (“Special Courts”)

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm. Introduction: As we all know, in India, the Judiciary is overloaded with bundles of cases and hence we cannot expect to get a speedy decision for the cases. Due to this indefinite [...]

Are international treaties entered into by India binding on our country? How can the obligations be enforced?

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law LLP. Introduction: This article will discuss about the treaties entered into by India, whether those are binding on our country, the difference between binding and non-binding treaties[1], the difference between MOUs and Treaties, [...]

Due diligence checklist before buying a chemical factory

Introduction This article is about due diligence checklist before buying a chemical factory. There are three different aspects the prospective buyer should look for before buying a chemical business. Those can be categorized under the following broad heads. 1. Corporate structure, 2. Operation of business (Manufacturing, export, etc), and 3. Compliance with legal regulations. Let [...]

Is offering your house to strangers for staying through Airbnb legal? What would one need to do so legally?

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm. Introduction: Airbnb is an aggregator and online marketplace which enables people to list their properties, vacant rooms in home for short-term stay. Airbnb does not own any property, building etc, but merely [...]

What should an Indian entrepreneur know about Mauritius if he or she is planning to take foreign investment?

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm. Introduction: Mauritius is an Island nation in the Indian Ocean with an area of about 2000 Square Kilometers and has a population of just 1.3 million. Mauritius is different from similar island [...]

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