If a statutory complaint in the Indian Army is rejected, the aggrieved person may approach the Armed Forces Tribunal by filing an Original Application, provided the dispute falls within the Tribunal’s service-matter jurisdiction. For officers, the statutory remedy is linked to Section 27 of the Army Act, 1950, which allows an officer who deems himself...
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Labour law compliance risk mitigation for private companies in India means creating a structured HR and statutory-compliance system that reduces exposure from unpaid wages, minimum-wage violations, PF/ESI defaults, gratuity disputes, bonus liability, maternity-benefit claims, POSH non-compliance, contractor-labour issues, wrongful termination, overtime disputes, misclassification of employees as consultants, missing appointment letters, defective HR records and inspection-related...
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Director liability risk mitigation for private companies in India means creating systems that protect directors from personal exposure arising out of statutory defaults, unauthorised contracts, related-party transactions, tax and GST defaults, labour dues, cheque-bounce matters, data breaches, workplace complaints, regulatory non-compliance and defective board records. Under the Companies Act, 2013, directors have statutory duties under...
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Legal risk mitigation for a private company in India means identifying, documenting, controlling and reducing legal exposure before it becomes litigation, regulatory action, financial loss, director liability or reputational damage. A company should regularly review corporate records, board approvals, contracts, statutory registers, related-party transactions, loans, charges, tax and GST compliance, labour-law obligations, POSH compliance, data...
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Army Rule 51 allows an accused, before pleading to the charge, to offer a special plea to the general jurisdiction of the Court-Martial. If the Court considers that the plea shows lack of jurisdiction, it must receive evidence in support of the plea, evidence from the prosecution in disproof or qualification, and hear addresses from...
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M&A due diligence for a private company in India is a structured legal, financial, tax, corporate, regulatory, labour, commercial and litigation review conducted before acquiring shares, assets, business undertaking or control of a company. A buyer should examine the target company’s incorporation documents, memorandum and articles, shareholding records, statutory registers, ROC filings, share transfers, charges,...
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A NANA opinion means the medical or adjudicating authority has treated the disability as Neither Attributable Nor Aggravated by military service. In disability pension cases, a NANA finding can be challenged where the medical board gives no proper reasons, ignores service conditions, disregards the presumption of fitness at enrolment, contradicts earlier medical categorisation, fails to...
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Army Rule 37 deals with the convening of General and District Courts-Martial. Before convening a General or District Court-Martial, the competent officer must first satisfy himself that the charges are offences within the meaning of the Army Act and that the evidence justifies a trial on those charges. If he is not so satisfied, he...
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A bank account may be frozen due to a UPI transaction when cyber police or a bank traces allegedly fraudulent money into that account after a cyber complaint, 1930 complaint or National Cyber Crime Reporting Portal complaint. However, freezing the entire bank account for one disputed UPI entry may be challenged if it is disproportionate,...
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An NBFC LSP Agreement is a contractual arrangement between a regulated lender, such as an NBFC, and a Lending Service Provider that performs one or more digital lending functions for the regulated entity, such as customer acquisition, services incidental to underwriting, loan servicing, monitoring or recovery. Under RBI’s Digital Lending Directions, digital lending through an...
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