Posts

Essential Clauses to Include in Vendor and Service Level Agreements

Image
The majority of the problems with the vendor-client relationship do not arise in a single instance of a breach. What arises is several minor differences between the two which add up. One party perceives the delivery date to be negotiable while the other views the quality standard to be quite clear. By the time the first invoice disagreement or rejection comes up, each has their own story regarding what was initially agreed upon. The Nature Of Such Contracts Most people seeking clarity on what a vendor agreement is start by asking what it is at its core. At its core, it is the documented agreement which serves to end both parties’ dependency on memory and good faith. What is included in this agreement? It will contain details of what is being delivered, the price of the item, the deadline, the quality and the repercussions of not meeting any of these.   The Indian Contract Act of 1872 provides the fundamentals regarding contract formation and breach. For contracts involving...
Post a Comment
Read more

What Happens at the “Stage of Charges” in a Criminal Trial, and Can You Seek a Discharge?

Image
A charge sheet does not necessarily imply that the accused will go through the entire process of trial. Even before the prosecution proves its case, the court comes to an important point where it decides on the adequacy of legal grounds for the accused to undergo trial. The analysis of the stages of framing of charges in a criminal trial in India , thus, entails considering the nature of the case, the court and the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). What Does the Charge Stage Mean? Charging is an early judicial process that occurs before prosecution evidence in the trial commences. The judge evaluates the prosecution’s file to decide whether there is enough evidence to proceed with the case against the defendant.   It is crucial to separate the process of charging from one of establishing guilt. In case a charge is framed, the prosecution will still have to prove its case through evidence in the trial.   In Sessions cases,...
Post a Comment
Location: India
Read more

Hit-and-Run Accidents: What Drivers Must Know About BNS Penalties and Reporting

Image
A fatal road accident raises two urgent questions: what offence may apply, and what must the driver do after the collision? The answer is not simply “hit-and-run means ten years.” Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is operative. Section 106(2), which contains the specific ten-year punishment for certain fatal driving cases followed by escape without reporting, was excluded from the BNS commencement notification. The latest verified judicial position is the Delhi High Court’s order of 15 July 2026, which records that Section 106(2) had not been notified. The Motor Vehicles Act, 1988 separately imposes post-accident duties.   At A Glance Issue Current position Section 106(1) BNS Operative; up to 5 years and a fine Section 106(2) BNS Enacted but not commenced, as per the latest verified position Section 106(2) punishment Up to 10 years and a fine Motor Veh...
Post a Comment
Location: India
Read more

Shareholders' Agreements: How to Legally Structure Equity Ownership and Dispute Pathways

Image
Signing a shareholders' agreement tends to be easy for the founders and investors of the business. However, the real challenge lies in those instances where the founder wishes to exit the firm, there is a need for raising capital for the business, a shareholder wishes to sell out his shares, voting rights conflict arises, or when the two shareholders disagree on the firm's decision. Ownership is not the same as control, and a list of agreed percentages does not by itself explain how the company will operate when interests diverge. A properly structured shareholders' agreement should therefore establish more than who owns what. It should set out how decisions are made, how ownership can change, what protections apply to minority shareholders, how deadlock is handled and what happens when a shareholder exits. Start With Ownership, Then Map Control The first step is to establish the company's actual ownership position. This includes the number and class of shares h...
Post a Comment
Location: India
Read more