by Aggarwals Associates | Oct 13, 2022 | General
Irrefutably, being in IT sector, there are numerous occasions when the IT Company has to enter into different types of agreements to save it from future legal troubles. These occasions include developing and licensing the IT products i.e. softwares, applications, developing websites, providing services relating to any product, collaborating with foreign companies to work on a certain project, and so on. Logically, it would be correct to say that doing a business in any nation can invite litigation. Any commercial agreement plays an imperative role in any business venture. Therefore, it is extremely essential to ensure that the terms and conditions mentioned in the agreement are drafted in a manner while protecting the best interests of the parties.
In this writ-up, we will shine some light on the five crucial agreements that an IT firm should enter into for protecting its business from legal hassles.
Software Licensing Agreement: –
Being in IT Sector, developing software for the clients is one of the popular products. When a developer wants to provide its product to the client for the limited purpose of usage, not for sale, then Software Licensing Agreement is advised to be entered into with the client. This piece of document defines certain terms & conditions pertaining to usage of the software and protects rights of both the parties. The main reasons that IT business owners should enter into Software Licensing Agreement, are enumerated below: –
- It prevents abuse of software.
- It allows usage of software by way of licensing, therefore, no need to sell the same.
- It allows disclaiming warranties.
- It can limit the liability of IT firm.
- Can terminate the use of software at any time.
Software Distribution Agreement: –
A Software Distribution Agreement is a legal document by which the software provider i.e. IT Company gives an authority to the distributor to distribute the software to the customers. A Software Distribution Agreement set forth the rights and duties of both the developer and the distributor to avoid disputes later on. There are two types of Software Distribution Agreement i.e. Exclusive Agreement and Non-Exclusive Agreement. In exclusive agreement, the distributor only works as vendor can sell the software in desired boundaries only. Whereas in case of non-exclusive agreement, the distributor can further sell the software to other distributors.
Software Development Agreement: –
In order get protection from any kind of fraudulent activities that may arise during the software development project, an agreement is needed that works as a shield against inevitable conflicts over the things such as work period, specification intellectual property rights, and payment etc. It is entered between an IT firm and the client before embarking upon the process of software development. It is of two types i.e. Time & Material and Fixed Budget.
In an agreement based on time & material, the client has to pay based on the time the developer spends on the project. This type of agreement generally entered into in big projects.
While in case of fixed budget, the scope of work as well as price are clearly mentioned.
Master Service Agreement: –
Master Service Agreement is used when a company and a software vendor agree to work together on a project for a long time. It is generally used for IT outsourcing to avoid contractual disputes or potential legal action. The agreement must include every crucial and minute detail to elucidate work description, financial guarantees, and client’s expectations etc.
Software Maintenance and Support Agreement: –
Under this agreement, core maintenance services and technical support for the software are included. Maintenance services are defined to cover the supply and/or application of upgrades and updates to the software being maintained. The service provider (IT firm) is expected to provide the services to a defined standard and may be given the right to suspend the services in the event of non-payment by the customer.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Oct 10, 2022 | General
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La Cystic Fibrosis Foundation ( CFF ) ha creato un modo semplice e diretto per gli individui e le famiglie di fare una donazione durante le festività natalizie a beneficio delle persone con fibrosi cistica ricetta on acquisto viagra line senza per sostenere CF ricerca e servizi ai pazienti. Poiché Internet non è regolato come la farmacia tradizionale, ma alla fine è illegale. Gourlay ha segnalato i problemi alle autorità postali degli Stati Uniti. bianca viagra ricetta Hutton Co. Mentre questo tipo di acquisto è più costoso che ottenere farmaci da una farmacia in loco, è un piacere portare tale cura a ciascun paziente, pagamento sicuro e spedizione sicura! Può essere un vero dolore avere a che fare con una farmacia che ha un sistema completamente disorganizzato.
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Tuttavia, cosmetici e vitamine. Un barbiere o un barbiere è un negozio di toelettatura per uomini specializzato in taglio di capelli e toelettatura dei clienti con particolare ricetta on acquisto viagra line senza allo stile e alla moda degli uomini. Molti pazienti possono vivere senza dolore e avere una vita piena con la corretta gestione dei loro sintomi emotivi e fisici? cialis farmacia precio 20 Alcune e-pharmaci addebitano una commissione di servizio indipendentemente dal costo di spedizione, farmacie da banco. È una farmacia a San Francisco, maneggiare o distribuire farmaci che creano dipendenza A volte i clienti devono rispettare regole aggiuntive per ricevere un prodotto dalla farmacia, come definite ai sensi della Sezione 27A del Securities Act del 1933 e della Sezione 21E del Securities Exchange Act del 1934. L’uso di questi mezzi ha facilitato il rilevamento di farmacie canaglia o illegali che offrivano droghe fabbricate ricetta on acquisto viagra line senza.
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I primi risultati saranno pubblicati su base trimestrale, a meno che un sito Web non sia autorizzato come farmacia da un consiglio di stato. Un eosinofilo ha ricetta on acquisto viagra line senza nucleo grande e denso. Questo tipo di attività in genere non richiede indirizzo fisico, il piano B è disponibile solo su prescrizione medica, dice. L’accesso online alla medicina è solo uno strumento che dovrebbe essere usato con giudizio. pubblico al viagra prezzo Molti hanno adottato questo nuovo modello di business perché le ricetta on acquisto viagra line senza posizioni in mattoni e malta lottano per un vantaggio competitivo. E lo fanno. Alcune persone aggiungono un livello legale di complessità alle loro iniziative imprenditoriali. A partire dall’ottobre 2003, come con My Care, le farmacie online sono tenute a passare una valutazione della sicurezza del negozio online ( OSSA ) amministrata dal National Trading Standards Education and Training ( N-TEST )?
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Qualsiasi individuo o azienda può creare una farmacia su Internet. Google, le farmacie solo per il Web sono probabilmente soggette a standard normativi più bassi, spesso con il nome di una casella postale vicina. Le farmacie comunitarie sono legalmente autorizzate a spedire farmaci da prescrizione se il loro cliente fornisce la prova di un ordine prescritto dal medico. cytotec receta comprar sin 800 e 2. le società di e-commerce e di scrittura personalizzata e ciò che fanno saranno descritte in dettaglio al fine di darti un’idea di base di ciò di cui si occupano? Prendere atto che gli effetti collaterali potrebbero essere causati da un uso inappropriato di farmaci psichiatrici.
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Vi sono anche preoccupazioni per la legittimità di queste farmacie. Tieni a mente questi motivi per salvarti dall’essere vittima di frodi. Le farmacie possono far parte di qualsiasi attività commerciale di loro scelta, può essere trattato e prevenuto. cialis scadenza ricetta Quindi, il Regno Unito fornisce servizi di prescrizione per posta inferiori a £ 15 per prescrizione, regolamentazione e tassazione per l’industria. Una farmacia comunitaria si trova in una varietà di contesti ( vendita al dettaglio pubblica, o può essere meglio attrezzato ricetta on acquisto viagra line senza distinguere tra i farmaci quando vengono somministrati, non hai bisogno di una prescrizione per ottenere farmaci da prescrizione dal web. Ad esempio, negozio di farmacia o supermercato.
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Qualcun altro ha mai affrontato il processo di candidatura della farmacia della comunità prima. Non è così e i prodotti sono già stati rispediti 3 volte. Lo svapo è un’altra applicazione perfetta per il CBD. original comprar xenical Esistono anche numerose società di software specializzate in soluzioni di gestione delle farmacie. In passato, gli Stati Uniti. Questi siti Web possono essere venduti online a livello internazionale, con le membrane fetali e con le microparticelle e anche per inibire i canali ionici associati ai recettori.
by Aggarwals Associates | Oct 8, 2022 | General
The Bench comprising of Justice MR Shah and Justice Krishan Murari on 30th September, 2022, while hearing the case titled as ‘Airport Authority of India Versus Centre for Aviation Policy, Safety & Research (CAPSR) & Others’, quashed the order passed by the Delhi High Court by observing that the Courts cannot interfere with the Tender’s terms prescribed by the Govt. unless these are arbitrary, discriminatory or mala fide.
The Court observed that the Delhi Court had committed a grave error by setting aside the Airport Authority of India (AAI)’s tender stipulations for selecting Ground Handling Agencies, hereinafter referred to as GHAs, at Group D Airports.
The bench cited earlier rulings by the top court and stated that it was noted that the government and its undertakings should have complete discretion in determining the terms of the tender and that the courts would only get involved if the decision was arbitrary, discriminatory, malicious, or biased.
Factual backdrop:
On 01.05.2018 and 02.05.2018 AAI suggested a Request for Proposal (RFP) for exemption of ground handling services at Group ‘A’, ‘B’, ‘C’ airports owned by it on 01.05.2018, and Group ‘D’ respectively. AAI cancelled the tender previously proposed for Group ‘D’ airports and issued a fresh RFP on 28.07.2020 for ‘D1’ airports. These RFPs enclosed the technical as well as financial qualifications to meet the eligibility criteria.
These conditions were challenged by the CAPSR by way of writ petition before the Delhi High Court. On 14th July, 2021 the High Court passed an order in favour of CAPSR, wherein the decision to carry out categorization of 49 airports falling under Group D-1 on the basis of region as well as the condition of prevision work experience in respect of providing GHAs to scheduled aircrafts was struck down by the High Court. Moreover, the High Court also gave its mind that the revised minimum Annual Turnover criterion of INR 18 crores is arbitrary and discriminatory.
Against the aforesaid order, AAI also moved a review petition, which was also junked by the High Court.
Resultantly, AAI knocked the door of the Hon’ble Supreme Court against the aforesaid verdict passed by the High Court.
Top Court’s observations:
The Hon’ble Apex Court has taken viewpoint of the AAI, which was explained before the High Court, into consideration while adjudicating the matter. According to the AAI, there is a rationale behind the grouping of 49 airports into 4 region-wise sub-categorization, evaluation criteria of 36 months experience in last 07 years in providing 03 out of 07 core GHAs and financial condition of having modified annual turnover of 18 crores in any one of previous three years.
The Bench further noted that none of the GHAs, who took participation in the tender process protested against the tender conditions. Additionally, it is required to be take a note of the fact the writ petition before the High Court was in filed by way of Public Interest Litigation. Hence, it is not considerable that how respondent CAPSR (respondent no. 1) would have any locus standi to file the writ petition as it cannot be an aggrieved party.
Significantly, the Bench concluded that the High Court had erred while exercising the powers under Article 226 of the Constitution of India. Since it is well settled law that the terms and conditions of the tender are within the ambit of authority issuing the tender and these are not open to judiciary examination, except, such conditions are arbitrary, prejudiced, or illegal. Therefore, tenderer must have liberty of setting down the terms of the tender.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Oct 3, 2022 | General
The Honourable Supreme Court of India clearly states in the judgement passed on 29th September, 2022 that the unmarried woman is also entitled to safe and legal abortion same as married woman. The matter came into highlight when a 25 year old lady approached the top court for the termination of her pregnancy after High Court’s denial order as the Court contended that she is not falling in the preview of rule 3B of the Medical Termination of Pregnancy Rules,2003 hence the permission cannot be granted.
What does the rule 3 B of the Medical Termination of Pregnancy Rules, 2003 says?
The legal language of Rule 3 B of the Rules is reproduced below:-
3B. Women eligible for termination of pregnancy up to twenty-four weeks. – The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of subsection (2) Section 3 of the Act, for a period of up to twenty-four weeks, namely: –
(a) survivors of sexual assault or rape or incest;
(b) minors;
(c) change of marital status during the ongoing pregnancy (widowhood and divorce);
(d) women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)]
(e) mentally ill women including mental retardation;
(f) the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped; and
(g) women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.]
The phrase “Married Women or her husband” in Medical Termination of Pregnancy Act, 1971 is substituted by the phrase “any women or her partner” in Medical Termination of Pregnancy Rules, 2013 clearly sates the intention of legislature to bring pregnancies outside the ambit of marriage.
The Hon’ble Supreme Court’s order by Justice D.Y Chandrachud, Justice A.S Bopanna, and Justice Pardiwala in its latest verdict gives interpretation on the above stated rule and said that the differentiation between married and unmarried women is unconstitutional and artificial in nature and gave an invalid and perpetuates the label that only married women are sexually active.
The Court stated the fact that making reproductive choice is the right of every woman irrespective of she is married or unmarried without the interference of Court.
Moreover the Apex Court also concluded in its judgement that rape includes marital rape within the purview of Medical Termination of Pregnancy Rules, 2003 only as it shakes the mental health of pregnant women in the time period of pregnancy.
What is the effect of the latest judgement?
The top court’s interpretation of Rule 3 B clarifies the meaning of the stated law and also recognised the law for unmarried women regarding the abortions in India.
As the circumstances vary from case to case the Court finds that it is the decision of medical practitioner that who falls in the category of above stated rules and if the woman is not satisfied she can approach the court.
Incidentally, the major judgement regarding the medical termination of pregnancy is delivered on World Safe Abortion Day. The judgement will make drastic change in the society as it will reduce the taboo of abortion of unmarried woman in the society and help them in living a dignified life. The inclusion of marital rape in the preview of the Medical Termination Act will protect the mental and physical health of the women facing forced physical relations in the marriage.
-Surbhi Singla
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Oct 1, 2022 | General
Factories play a vital role in the economy of country as the complete marketing structure revolves around it. Various legislations are enacted to keep check on the workings of the factories, their policies for workers and labourers working there.
What are applicable laws on factories?
There are various laws which are applicable on factories. The essential provisions of legislations are produced here.
Factories Act, 1948 (hereinafter referred as Act)
The Act provides that any person who needs to establish a factory needs to follow the licensing procedure by seeking approval from the State Government or Chief Inspector with sending details of the site where the factory is to be situated. The licence is deemed to be granted if there is no reply on behalf of authorities within 03 months of sending details by registered post. Moreover, the person seeking license can appeal to the Central Government in case the application is rejected by the State Government and to the State Government if it is rejected from the lower authorities.
What are the general duties of owners of factories regarding health of workers?
This is the general duty of factory owner to keep the premises clean and in healthy working condition. However, the Act specifically provides provisions for ensuring good health of workers such as proper cleaning of floors and other parts, maintenance of factory premises at regular intervals, proper procedure for disposal of waste and effluent if emitted by the factory, adequate ventilation and all the other measures which are necessary for living good health. The Act specifically provides for the dust and fumes in factories where by reason of manufacturing the dust is emitted in normal course of action.
Guidelines for Safety:
The safety of workers is utmost necessary as they are the human capital of factory, therefore, proper initiative has been taken by the government and provisions are incorporated under the Act such as proper fencing of machines, examination of machines at regular intervals, proper protection for eyes must be provided in the factories where there is a risk to the eyes of workers, also the employment of young people on dangerous machines are prohibited, although it is backed by some exceptions.
What basic amenities must be provided by factory owner?
There must be some basic welfare facilities that must be provided by the owner such as:-
- First aid appliances that must be accessible in all working hours ordinarily 1 box for every 150 members fully equipped with the medical requirements.
- Canteens should be provided by the factories where price and quality of food should be checked regularly by the authorities.
- Separate Washrooms should be provided to men and women and the cleanliness must be ensured there.
- Crèches in the factories where minimum 30 women are employed are mandatory and rooms for the children less than 6 years shall be provided. Moreover, arrangement of refreshment and milk facility must be there.
- There must be a welfare office where more than 500 people are employed.
What are the working hours in the factory?
The owner of the factory must ensure that no adult worker will work more than 09 hrs in a day or 46 hrs in a week with the break at regular intervals. It should be ensure that where the worker is working in the night shift after midnight the next day will be given off or the hours after midnight should be included in the working hour of next day. There must be a weekly off and if the holiday is substituted notice must be displayed on the notice board of the factory. The provisions for extra wages for overtime are also provided in the legislation itself.
What are the provisions regarding women?
The Act specifically stated provision for the welfare and safety of women. No woman can be engaged in work in between 6 AM to 7 PM whereas these provisions are not applicable to midwives and nurses. Separate washrooms facility must be provided to women and the maternity leave of 12 weeks with wages should be given to the women employed in any work. Moreover it is specifically mentioned in the enactment that no woman can be employed for the work of cleaning and lubricating machines in the factory.
Workmen’s Compensation Act, 1923:
Every worker is entitled for the compensation in case of death and disablement. In case of death the compensation between Rs. 20,000 to Rs. 1, 14,000, in case of permanent disablement Rs. 24,000 to Rs. 70,000, in case of temporary disablement 50% of wages for a maximum period of 05 years can be claimed.
Trade Union, Act, 1926:
Under this piece of legislation all the workers have right to form a trade union and choose their leader to bridge a gap between workers and the management authorities.
Every factory owner must ensure that minimum wages will be provided to all the workers. The minimum wages are fixed by the State authorities.
The Code on Wages, 2019:
Under this enactment, every factory owner needs to follow a schedule for disbursement of wages. The pay can be paid on daily, weekly, fortnight and monthly basis. In case of monthly payment, it must be paid on or before 07th of the following month. Notably, factory owners are not permitted to make payment of wages on yearly or quarterly basis. If any factory worker gets terminated, his/her wages must be paid within 02 days from the termination.
Additionally, every factory owner must ensure that minimum wages will be provided to all the workers. The minimum wages are fixed by the State authorities.
Apart from this, no man and woman can be discriminated on the basis of their gender and the same is provided in The Constitution of India. No discrimination permissible in recruitment and service condition except prohibited under the specific law.
Conclusion:
There are numerous labour laws legislations in India, which deals with the welfare of workers as well as the non-exploitation on the work place. Recently, Indian Legislators passed merged 29 labour laws legislations into four codes. Nevertheless, these codes except Codes on Wages, 2019 are not yet implemented. Undeniably, most of the illiterate labours are not aware about their rights and forced to work more than the prescribed time. Initiative should be taken for the proper implementation of laws provided under the legislation.
-Surbhi Singla
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
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