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Safeguarding Property Transactions

From a legal standpoint, the transaction of buying and selling a property involves various steps. Generally, the first and foremost consideration for the buyer is clear title of the seller to the property, and for the seller it is capacity of the buyer to pay the sale consideration timely.

Author(s): Alishan Naqvee
Publication: Realty Plus
Date: August, 2012


De-Risking Renting

To start with, it is of utmost importance to have a well-drafted lease agreement clearly specifying, among other terms, the quantum and manner of payment of lease rentals, security deposit and adjustment/refund thereof, the duration of the lease and termination conditions and rights. The landlords should also verify from their title document(s) whether they need permission of any authority before leasing out their property.

Author(s): Alishan Naqvee
Publication: Realty Plus
Date: July, 2012


A Life's Worth

Saint Bernard of Clairvaux said "hell is full of good wishes and desires" (L'enfer est plein de bonnes volontés et désirs), fathering the modern day adage "the road to hell is paved with good intentions".

Author(s): Alishan Naqvee
Publication: CLINIFORA, A Forum for Clinical Research Professionals
Date: June, 2012


India's Battle Under Bilateral Investment Treaties

The events during the past few months have resulted in various arbitrations knocking at the doors of the Government of India ("GoI") in terms of the Bilateral Investment Treaties ("BITs") executed by GoI with various countries around the world. In most of these arbitrations, one is likely to see the GoI defending claims for damages arising from its failure to protect investments in India of the investments from other contracting countries as well as its failure to resolve issues related to erosion of investments.

Author(s): Alishan Naqvee
Publication: International Lawyers Network
Date: April, 2012


FDI in Retail: Complications Galore

The Goverment's decision to allow foreign direct investment up to 100 per cent in single brand retail trading comes with a few riders, which require to be spelled out in unamibiguous terms.

Author(s): Alishan Naqvee
Publication: Realty Plus
Date: January 17, 2012


Follow the Rules of the Game

Often considered the nucleus of expanding industrialisation in India, small and medium enterprises (SME) have seen a prodigious rise in the recent past. The ascent of SME sector is mainly attributable to the decline of licensing raj requiring lesser operational licensing requirements for businesses in India, and exponential rise in entrepreneurial spirit of the Indian educated masses.

Author(s): Seema Jhingan
Publication: Small Medium Entrepreneur
Date: January 2012


Comments on Draft Rules on Clinical Trial Compensation Laws

We hereby submit our observations and suggestions to the Drugs and Cosmetics (3rd Amendment) Rules, 2011 notified by G.S.R. 821(E) in the Gazette of India: Extraordinary on November 18, 2011.

Author(s): Alishan Naqvee
Publication: Feedback to the Government
Date: December 30, 2011


Indian Education Series - Right to Education Act and its impact on K-12 Schools

Education in India is treated as a service for public good and not as a commercial enterprise. In view of this object, the State Education Acts require only a non-profit entity to run a school with certain restrictions and regulations concerning its operations. Even if the schools are private un-aided schools, they are, to a certain extent, governed by the State Education Acts of the respective States where the schools are set up.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: January 24, 2011


Indian Education Sector - Outsourcing of Services by Trust to Associated Services Companies

The formal regulated education sector in India broadly comprises of schools (often classified as K-12 – kindergarten to 12th) and higher education institutions. While India has been proactive on liberalization, the education sector has remained largely untouched by the reforms process.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: January 24, 2011


Know your limits!

An Indian visa, or even Indian nationality, may not be enough to give you free access to all parts of India. Certain parts of the country can be visited only if you old special permits, granted on request. Most of these areas, specified by the Indian Government as ‘restricted/protected’, fall along the borders: Andaman and Nicobar Islands, Arunachal Pradesh, Himachal Pradesh, the Kashmir Valley, Ladakh, Lakshwadeep Islands, Manipur, Mizoram, Nagaland, Rajasthan, Sikkim and Uttarakhand.


Author(s): Alishan Naqvee
Publication: Outlook Lounge
Date: November 2010


Broken Promises

You look forward so much to that long awaited holiday, that it’s a huge dis-appointment if it doesn’t turn out to be as good as your travel agent had promised. Given that you already on the holiday, this situation may seem like a lost cause, but it can be avoided by doing proper diligence before you start packing your bags, and by knowing your legal rights.


Author(s): Alishan Naqvee
Publication: Outlook Lounge
Date: August 2010


Comments on Discussion Paper - FDI in Multi Brand Retail Trading

We submit our views and suggestions on the discussion paper on foreign direct investment in multi brand retail trading.

Author(s): Alishan Naqvee
Publication: Feedback to the Government
Date: July 30, 2010


The Lost Change Misery

Surprise, confusion, panic, hyperventilation and drama visit your life, in more or less that order, if you lose cash, credit or debit cards or other currency instruments while travelling. Precautions taken beforehand and quick actions at the relevant time determine how much the loss will dent your pocket when faced with such contingencies.


Author(s): Alishan Naqvee
Publication: Outlook Lounge
Date: July 2010


Facing the unexpected

Our interest in exploring new lands and cultures is timeless. The lesser known the locations, the more exciting. But the lesser known, also the less connected. Amids the excitement of an upcoming overseas trip, you should prepare yourself for unexpected eventualities like loss of travel documents or baggage.


Author(s): Alishan Naqvee
Publication: Outlook Lounge
Date: June 2010


The HMSC Predicament

Last few months have been full of anticipation for the entities engaged in clinical trials in India. First, the Medical Council of India amended the ethical guidelines, banning hospitality to doctors, and while the industry players were still trying to figure out the dos' and donts' on this new turf, the Indian Council of Medical Research ("ICMR") started insisting upon approval of the Health Ministry's Screening Committee ("HMSC") and the known hospitals followed the suit.

Author(s): Alishan Naqvee
Publication: Society for Promotion of Ethical Clinical Trials
Date: May 2010


Buying peace of mind

Overseas travel, be it for holidays or business, is mostly exciting. In all the excitement, one may forget the implications of being a foreigner in a strange country,which can at times entail a struggle to afford support in case you fall into trouble. You could fall ill, lose your wallet or travel documents.


Author(s): Alishan Naqvee
Publication: Outlook Lounge
Date: May 2010


Right to Transfer Restricted

A recent judgment by the Bombay High Court on impermissibility of restrictions on transferability of shares in public companies has stirred a colossal pandemonium with the corporate and financial fraternity.


Author(s): Alishan Naqvee and Himanshu Chahar
Publication: LexWitness
Date: May 2010


Indian Labour Laws - Termination of Employee for Misconduct

This is my second article in the series of employment and termination of employees by Indian corporations. My earlier article dealt with the issue as to whether a software development and IT enabled company qualify as an ‘industrial establishment’ within the meaning of the Industrial Disputes Act, 1957, (“IDA”) and can such a company follow the ‘hire and fire’ policy for termination of services necessitated for reasons other than misconduct of employee without compliance of the IDA.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: October 2, 2009


Did Someone Block Your Domain Name

Ever faced the notoriety where someone you don't even know owns the domain for the business you lovingly named several years back, and thereafter developed with your own sweat and blood?

Author(s): Alishan Naqvee
Publication: In-house Publication 
Date: July 2009


The need for a franchising law in India

Buying a franchise is a complicated investment says the US Federal Trade Commission, the country with developed franchise laws.


Author(s): Alishan Naqvee
Publication: Asia Pacific Regional Forum News
Date: May 2009


Gifts to Doctors Run Afoul of MCI Ethics Regulations

The Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2009 - Part-I (the "Regulations") published in the Gazette of India on December 14, 2009 lay down stringent standards for the doctors to follow in their dealings with pharmaceutical and allied healthcare industry.

Author(s): Alishan Naqvee
Publication: Free Press Journal
Date: February 24, 2009


Compliance with Labour & Retrenchment Laws in India - Hire & Fire Policy of the Indian IT Industry

One of the most critical need of the burgeoning Indian software industry and other outsourcing service providers is to have the flexibility and the independence to hire the most worthy of the manpower and fire the unproductive employees.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: February 16, 2009


Provision of Satellite Services by Foreign Satellite Operators in India - Regulatory Framework In India

India’s present regulatory environment essentially requires providers of Indian domestic services (i.e., up linked from India, with intended coverage of India) such as Direct to Home (“DTH”) and VSAT services to use Indian National Satellite System (“INSAT”) satellites. India is a relatively mature satellite market, with its own domestic satellite operator, Indian Space Research Organization (“ISRO”), providing geostationary satellite services since 1982.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: January 12, 2009


Possible Entry Strategies For Provision of Satellite Services by Foreign Companies/Satellite Operators In India

In the present state controlled satellite regulatory environment in India, Foreign Satellite Operators (“Satellite Company”) can consider two entry options to establish its business presence in India and provide satellite services in the Indian subcontinent.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: January 12, 2009


Approvals, Registrations and Authorizations Required for Setting up an Indian Satellite System and Provision of Satellite Services by Satellite Operators in India

In my previous articles on provision of satellite services in India, we analyzed the regulatory framework and the possible entry options available to foreign satellite Operators to establish its business presence in India and provide satellite services in the Indian subcontinent.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: January 6, 2009


Basics of Acquisition of Indian Companies – Six Steps Mantra

Joint ventures, strategic alliances and acquisitions are the flavor of the day as they enable fast track ambitious companies to have rapid inorganic growth and expansion in new sectors. However, prior to entering into a joint venture relationship or acquisition of an operating Indian company (“Investee company”), either by way of private placement, or secondary market, or subscription of substantial equity share capital, it is advisable to for the Investor to carefully and stringently undertake the following six step mantra to avoid future surprises and heartburns:


Author(s): Seema Jhingan
Publication: In-house Publication
Date: December 19, 2008


Law on Sexual Harassment in India

Presently, there are no legislative enactments or statutory policies against sexual harassment and abuse at work places. Sexual harassment includes any unwelcome sexually determined behavior including sexually colored remarks, verbal or non-verbal conduct of sexual nature.


Author(s): Seema Jhingan
Publication: In-house Publication
Date: November 19, 2008


Indian Franchise Law

One fine morning, franchisee A in Bangalore receives a fax from its franchisor, a world renowned sportswear manufacturer, terminating the Exclusive Trade mark and Manufacturing License Agreement.


Author(s): Alishan Naqvee
Publication: Franchise Plus
Date: March-April 2007


Regulations For Purchase of Immovable Property

Acquisition & Transfer

NRIs are permitted to acquire by way of purchase, inheritance and gift, any immovable property (other than agricultural/plantation property or farmhouse) in India.


Author(s): Alishan Naqvee
Publication: Realty Plus
Date: December 2006


Opportunities For Luxury And Global Brands

The decision of the government to allow FDI in retail trading sector indicates a significant policy revision, although certain riders thereon are prescribed, such as :


Author(s): Alishan Naqvee
Publication: Franchise Plus
Date: March-April 2006


Master Franchising Agreements

Due to the nature of the business and consideration involved, the Master Franchise Agreements are fairly complex documents.


Author(s): Alishan Naqvee
Publication: Franchise Plus
Date: November-December 2005


Franchising & Licensing in India

Franchise rightly claims to be the wave of future business in India. A huge consumer base of over a billion people including flourishing class of urban consumers having substantial disposable income with quality and brand awareness together ith the attraction,


Author(s): Seema Jhingan
Publication: Expert Panel XI | Fachforum XI
Date: January 2009


Destination India

A Legal Synopsis


Author(s): Alishan Naqvee


Back to School

India's US$40 billion education market is experiencing a surge in investment. Capital, both local and international, and innovative legal structures are changing the face of this once state sector.


Author(s): Seema Jhingan and Dimpy Mohanty
Publication: India Business Law Journal