False and Misleading Advertisements in India

What is a false or misleading advertisement?

False advertisement is untrue misleading information given to Consumers to get Consumers to buy something, or to come to visit their store.

What is an example of a false or misleading representation?

Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labeled as pure cotton.

Why do they mislead people?

* To convince people to buy their product.

* Get rid of defective products without any hassles.

* Take advantage of customers’ lack of knowledge and trust.  

What is the solution to Misleading Advertisements?

a. One can report the misleading advertisement to the Advertising Standard Council of India (ASCI). Committed to the cause of self-regulation in the advertisement, ensuring the protection of the interests of consumers. ASCI was formed with the support of all four sectors connected with advertisement

* Advertisers

* Advertising Agencies

* Media    

What are Penalties for Misleading Advertisement?

 The New Act introduces, for the first time, a definition of misleading advertisement. It covers false descriptions and guarantees of a product or service. It also covers information that was deliberately concealed from the consumer. If a misleading advertisement is found to be prejudicial to the interest of consumers, then the Central Authority may impose a penalty of up to INR 1,000,000 (One Lake) on a manufacturer. Separately, the New Act has made it a criminal offense to publish false or misleading advertisements for manufacturers and service providers. If found guilty, they could be sentenced to imprisonment for up to 2 (two) years.

Punishment for false or misleading advertisements on celebrities/ brand ambassadors? The New Act fixes liability on celebrities considering that there have been numerous instances in the recent past where consumers have fallen prey to unfair trade practices under the influence of celebrities acting as brand ambassadors. In such cases, it becomes important for the brand ambassadors to take the onus and exercise due diligence to verify the veracity of the claims made in the advertisement to refute liability claims. If a misleading advertisement is found to be prejudicial to the interest of consumers, then the Central Authority may impose a penalty of up to INR 1,000,000 (One Lakh) on the Celebrities/brand ambassador as well.

If you have problems with an item or service you purchased, you have the right to complain. If they don't help, visit consumer complaints online raise your complaints.

The Rise of Online Legal Advice: Accessible, Affordable, and Efficient

In the digital age, technological advancements have transformed nearly every aspect of our lives, including the way we seek and receive legal advice. Traditional legal consultations often involved scheduling appointments, traveling to law offices, and incurring substantial fees. However, the emergence of online legal advice platforms has revolutionized the legal landscape, making legal assistance more accessible, affordable, and efficient for individuals from all walks of life.

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Online Legal Advice

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Legal Consultation in Saudi Arabia

Legal Consultation in Saudi Arabia

Legal consultation services provided by Alf Law firm are of great importance to all clients. They help them understand laws and regulations, enabling them to make informed decisions in light of those laws and regulations, ensuring their legal compliance. The legal consultancy service offered by Alf is tailored to each individual client, accommodating their legal issues and requirements.

Alf Law Firm offers a wide range of consultancy services in various legal fields. These include but are not limited to, commercial law, company law, criminal law, intellectual property rights, environmental regulations, labor laws, and other related services. For example:

Corporate Governance

Alf provides legal consultation services related to corporate governance. They possess expertise in assessing corporate governance, identifying expected legal risks, and how to deal with and mitigate those risks. Additionally, Alf assists clients in developing internal governance policies for each company, ensuring legal compliance with regulations and standards.

Corporate governance serves as the legal and regulatory framework that determines how a company is managed, directed, and interacts with stakeholders. Crafting, amending, and reviewing models, regulations, and internal policies is crucial to ensure compliance with legal and regulatory standards, as well as to ensure effective and organized operations within the company.

Furthermore, periodic amendments to the company's articles of association and partner decisions are necessary to keep up with regulatory developments, ensuring alignment with the company's strategy and objectives.

The process of formulating, amending, and reviewing regulatory models, regulations, and internal policies requires the expertise of legal experts and specialized consultants in corporate governance. These professionals analyze regulations and legal requirements, and draft models, regulations, and policies to ensure compliance, transparency, and the protection of stakeholders' rights.

Drafting and Reviewing Contracts

One of the core services provided by Alf Law Firm is Drafting and Reviewing Contracts related to different fields, including commercial, real estate, and others. The importance of contracts lies in their purpose of ensuring and protecting the rights of the parties involved, which necessitates proper drafting to avoid potential disputes.

The process of contract drafting starts with understanding the needs of the parties and the subject matter of the contract. The contract should be precise and detailed, clearly defining the rights and obligations of the parties, including the duration, agreed-upon amount, and all other essential provisions.

After Drafting a contract, it must be carefully reviewed to ensure there are no errors or undesirable interpretations. The reviewer should analyze the contract and verify the accuracy of legal terms, conditions, and provisions. The contract should be comprehensible and clear to all parties, aligning with applicable systems and regulations.

In summary, contract drafting and reviewing are crucial processes to safeguard the rights and duties of the parties and avoid legal issues. ALF provides these services to its clients, leveraging the extensive expertise of its legal advisors.

Litigation

ALF also offers legal consultancy services related to litigation in the Kingdom of Saudi Arabia. This is facilitated by the legal expertise of its advisors in various legal fields associated with litigation, such as Family Law and Inheritance laws, commercial law, administrative law, and the newly established Civil Transactions System that governs civil relationships and transactions between individuals. Additionally, ALF provides legal advice on labor-related issues, including disputes regarding wages, compensations, and violations of labor regulations.

Furthermore, ALF assists its clients with legal advice on the procedural aspects before government departments, including drafting responses and replies to letters and notifications issued by government entities.

Intellectual Property

Intellectual property is one of the primary areas in which ALF provides legal consultancy to its clients. In recent times, there has been a rise in infringements on intellectual property rights. ALF plays a crucial role in offering legal advice to clients on how to protect their rights associated with intellectual property, such as trademark protection, patent registration, and copyright protection. ALF's legal advisors continuously stay informed about the latest developments in intellectual property regulations in the Kingdom of Saudi Arabia.

Arbitration

Arbitration is an alternative dispute resolution method widely used to settle legal disputes outside the court system. ALF offers legal consultancy services in this field to help clients pursue their rights through arbitration. To ensure successful arbitration, the legal advice provided should be well-versed in the relevant systems and regulations. This includes drafting arbitration clauses or agreements and guiding clients throughout the arbitration process. ALFs advisors possess extensive knowledge and experience in arbitration laws, rules, and procedures, including the Saudi Center for Commercial Arbitration and other arbitration centers worldwide. They are also familiar with international arbitration conventions, such as the UNIDROIT Principles and the UNCITRAL Model Law on International Commercial Arbitration. Arbitration serves as a quick and flexible alternative to litigation before the courts.

If you are seeking the assistance of experienced legal advisors knowledgeable about various laws and regulations to receive legal advice tailored to your specific legal matter, aligned with the latest laws and regulations in the Kingdom of Saudi Arabia, ALF Law Firm is the ideal choice. Their legal advisors possess expertise and awareness of diverse laws, regulations, and their updates.

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Giving GIFT CERTIFICATES And Thanks This Year from the Law Office of Brian Gormley LLC

As we gather around our tables with family and friends to celebrate Thanksgiving, we want to take a moment to express our deepest gratitude to you, our valued clients. This year has been filled with challenges, growth, and shared successes, and we are thankful for the opportunity to serve you. In the spirit of gratitude, we are currently offering a gift certificate for any referrals you may…

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Making Justice Accessible: The Rise of Affordable Legal Services

Access to justice is a fundamental human right, yet for many, the cost of legal services has created a significant barrier. The exorbitant fees associated with hiring an attorney or seeking legal advice have often left individuals and small businesses without adequate representation. However, a growing trend in the legal industry is changing this landscape. Affordable legal services are emerging as a solution, bridging the gap between those in need and the services they require. This article explores the concept of affordable legal services, their benefits, challenges, and the transformative impact they are having on the accessibility of justice.

Attorneys.Media is a website dedicated to highlight local attorney’s analysis of perpetual legal industry questions and current legal issues through personal interviews. It is the best way the public can find attorneys and get answers.

Technology has forever changed the world of business. The combination of internet usage for consumer purchase decisions, ever-evolving search results based on relevant content, exploding distribution channels (social media), combined with mobile devices, and decreasing costs of hardware and software has made a video presence not just advantageous, but a necessity.

The Need for Affordable Legal Services

The traditional legal industry has been characterized by high fees, complex billing structures, and a lack of transparency, making it challenging for many to afford legal representation. This disproportionately affects low-income individuals, small business owners, and even middle-class families. Legal issues can range from housing disputes and family matters to business contracts and employment conflicts. Without access to affordable legal services, these individuals are left vulnerable, often navigating the complexities of the legal system on their own.

The Rise of Affordable Legal Services

In response to the need for accessible legal support, various models of affordable legal services have emerged. These models leverage technology, innovative business practices, and alternative fee structures to provide quality legal assistance at a fraction of the traditional cost. Some key trends include:

Online Legal Platforms: Several online platforms connect users with vetted lawyers who offer their services at lower rates. These platforms streamline the attorney-client matchmaking process, reducing overhead costs and allowing attorneys to focus on providing legal expertise rather than marketing.

Flat-Fee Services: Many affordable legal service providers offer fixed, transparent pricing for specific legal tasks, such as drafting contracts, creating wills, or handling uncontested divorces. This eliminates the uncertainty associated with hourly billing and provides clients with a clear understanding of costs upfront.

Limited Scope Representation: This approach allows clients to hire an attorney for specific tasks within their case, rather than for the entire case. This targeted representation ensures clients only pay for the legal services they truly need.

Legal Subscription Services: Similar to health insurance, legal subscription services offer clients ongoing access to legal advice and assistance for a monthly fee. This model aims to prevent legal issues from escalating by addressing them early on.

Benefits of Affordable Legal Services

The rise of affordable legal services offers a range of benefits:

Cost-Effectiveness: Clients can access legal expertise without incurring the high costs associated with traditional law firms.

Increased Access: Affordable legal services expand access to justice for marginalized communities, low-income individuals, and small businesses that previously may not have sought legal help due to financial constraints.

Transparency: Transparent pricing and fixed fees foster trust between clients and attorneys, ensuring there are no surprises when it comes to billing.

Efficiency: Online platforms and streamlined processes improve the efficiency of legal services, reducing the time it takes to address legal issues.

Preventive Approach: Subscription services and limited scope representation encourage early intervention, potentially preventing legal issues from escalating.

Challenges and Considerations

While affordable legal services bring numerous advantages, they also face challenges:

Quality Assurance: Some critics raise concerns about the quality of legal services provided by online platforms and the potential lack of personalized attention.

Barriers to Technology: Not everyone has access to the internet or the digital literacy required to navigate online legal platforms.

Traditional Resistance: The legal industry's traditional players may resist changes brought by affordable legal services, fearing disruption to their established business models.

Affordable legal services are transforming the legal landscape by making justice more accessible to all, regardless of their financial status. By leveraging technology, transparent pricing, and innovative business models, these services are providing a lifeline to individuals and businesses that previously struggled to afford legal representation. While challenges remain, the momentum toward affordability and accessibility is a positive step toward a more equitable legal system.

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Process of closing an LLP in India 

The Limited Liability Partnership (LLP) is a trendy type of business entity, established in 2008 by the Limited Liability Partnership Act, that integrates the features of a company and a partnership. In earlier articles, we discussed the documents mandated for LLP registration and the registration process itself. 

This article aims to assist you with the procedure for closing an LLP in India.

Although LLPs offer several benefits over other kinds of business entities, such as ease of incorporation and limited liability for members, these advantages do not necessarily translate into flourishing business operations. This article will explain the Strike Off method of closure and provide an overview of other closure options.

The process to close a Limited Liability Partnership

An LLP can be closed in two ways:

1. Strike-off method-

a. Voluntary Strike Off

The LLP should not have been engaged in commercial activities for a period of at least one year.

The LLP must file an application in Form 24 LLP with the Registrar of LLPs to apply for voluntary strike-off status.

The LLP should have completed all compliance requirements by the date of filing for closure. However, it is only required to file annual returns until the end of the year when commercial activities are discontinued.

The LLP must have obtained the approval of all parties involved, including members, creditors, and any regulatory authorities under whose domain the LLP works.

The LLP should not have any assets or liabilities as of the date of preparation of financial statements.

The process to close LLP through Strike Off method

In order to move forward with the Strike Off process, the LLP must follow the steps outlined below:

The LLP must plan a meeting of all partners to pass a resolution to strike off the name.

The LLP must pay all outstanding debts and liabilities before proceeding with the Strike Off process.

The meeting of partners must permit a designated partner to file the application for Strike Off.

The designated partner must file an application in e-Form 24 and submit it to the Registrar. The application must have the approval of all members.

Read more to know about the Procedure of Closing LLP in India

Top Legal Help for Professional Drivers Facing DVLA Issues

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Litigation and Arbitration: Key Similarities and Differences Explained

Litigation and arbitration are two of the most common methods of resolving disputes between parties. Both involve the intervention of a third party to resolve a dispute, but there are key differences between the two. In this article, we will explore the similarities and differences between litigation and arbitration.

Similarities:

1. Third-Party Involvement: Both litigation and arbitration involve the intervention of a third party to resolve a dispute. In litigation, this third party is a judge, while in arbitration, it is an arbitrator.

2. Adversarial Process: Both litigation and arbitration are adversarial processes where each party presents its case to the third-party decision-maker. Each party has the opportunity to present evidence, call witnesses, and cross-examine the other party’s witnesses.

3. Finality of Decision: The decision made by the third party in both litigation and arbitration is final and binding on the parties involved.

4. Evidence: Both litigation and arbitration involve the presentation of evidence to support the parties' positions. Evidence can include documents, witness testimony, and expert opinions.

5. Legal Representation: In both litigation and arbitration, parties may choose to be represented by legal counsel. 

6. Binding decisions: Both litigation and arbitration can result in binding decisions. In litigation, a judge or jury makes a decision that is binding on the parties. In arbitration, an arbitrator makes a decision that is binding on the parties.

7. Discovery: Both litigation and arbitration involve a discovery process in which the parties exchange information about the dispute. This allows each party to understand the other's position and to prepare their own case.

Differences:

1. Formality: Litigation is a formal process that follows strict procedural rules, while arbitration is a less formal process that is more flexible and allows for more informality.

2. Decision-Maker: In litigation, the decision-maker is a judge who is appointed by the state or federal government. In arbitration, the decision-maker is an arbitrator who is chosen by the parties or appointed by an arbitration institution.

3. Time and Cost: Litigation can be a lengthy and expensive process due to the formalities involved and the potential for appeals. Arbitration, on the other hand, can be a quicker and less expensive process because it is less formal and does not involve appeals.

4. Flexibility: Arbitration is more flexible than litigation in terms of the process, the rules, and the schedule. Parties can agree to a range of different procedures and can tailor the process to suit their needs.

5. Privacy: Litigation is a public process that takes place in a courtroom, represented by a litigation lawyer and is open to the public. Arbitration, on the other hand, is a private process that takes place outside of a courtroom and is not open to the public.

6. Discovery: In litigation, parties have the right to engage in discovery, which allows them to obtain evidence from the other side. In arbitration, discovery is more limited and is often at the discretion of the arbitrator.

7. Appeals: In litigation, parties have the right to appeal a decision to a higher court. In arbitration, the decision is final and binding, and there is generally no right of appeal.

8. Formality of Rules of Evidence: In litigation, parties must follow strict rules of evidence that govern what evidence can be presented. In arbitration, the rules of evidence are less formal and the arbitrator has more discretion in deciding what evidence to admit.

In conclusion, both litigation and arbitration are methods of resolving disputes between parties, but there are significant differences between the two. Litigation is a formal process that follows strict procedural rules, while arbitration is a less formal process that is more flexible and allows for more informality. Litigation is a public process that takes place in a courtroom, while arbitration is a private process that takes place outside of a courtroom.  Litigation can be a lengthy and expensive process, while arbitration can be a quicker and less expensive process. However, to discuss anything related to such similar legal processes you must seek online legal consultation at Insaaf99.com that offers you the best services at affordable prices.

Legal and Chartered accountant consultant

Legal problem are common now a days. Along with legal consultation people sometimes get engaged with various other problems like finance, taxation, debts and so on.  Many problems arise day by day. People are too busy now a day to go and get physical advice. So, these days a new trend has come into existence. That is online video consultation. Consultation is defined as a business that provides expert advice to people. The consultation can be from various fields. It might be business, finance, and health, legal and so on. You can consult if your previous experience allows you to provide advice that provides non- profit organization or business to business. Legal consultation Though we have discussed about many fields of consultation now we are going to discuss about legal consultation. In today’s world people are very busy. As mentioned earlier most people prefer online video consultation rather than physically visiting the lawyers. Online consultation have become so popular now a days that within a single click on the mouse we can get advice from anywhere, anytime. Many online consultation app have come into existence that helps in getting these consultation and advice. Selfeey is one of the best consultation platforms where we get all the legal advices from top branded consultants at one. Why should you start with us? We believe that starting online video consultation with us would change your lifestyle. You can sign up for free as a consultant and give online consultations to thousands of users. Get paid directly from customers without any obstacle. You can also lead an easy life as it gives you a relaxed schedule and takes you out from the trap of your nine to five jobs.  Being a solo consultant you can book your slot as per your convenience and consult people as far as you want. You can even give a short consultation and continue the other day.

To lead a proper good lifestyle and to earn more as per your convenience you can choose the solo model of consultation where you can earn up to lakhs of rupees that leads you to the best. Decide your ideal client: Now the most important question arises. How should one get clients? Attracting clients are difficult. Specially now a day not a single person is interested to surf the internet properly and get online consultation. Moreover there are high pricing services that forbid clients to take proper consultation. The best way to get clients online is to find some good niches that will help you to expand your business. Legal profession will expand on attracting customers and you’ll get paid for it. Why Selfeey? Selfeey is one such platform where thousands of individuals register themselves as consultant and waiting to solve your problems. Here any kind of legal problem including finance and taxation matters. Here you will get legal advertiser, civil and corporate lawyer, criminal and divorce advocate, auditors, chartered accountant, GST ad business registration consultant and many more. Online legal consultation, problem solving, insight briefing, consistent support, verified legal associates and many more.  You can get individual personal consult as per your own slot at a very cost friendly rate. It is the world’s shortest video consultation platform where you get all in one consultation about any kind of legal or financial matter anywhere, any time. If you have expertise skill in any of these legal and legal assistance field do register on Selfeey and share your expertise. Earn up to lakhs directly from users.

Having a fair child custody agreement in place is certainly one of your top goals during a divorce as a parent. You should be as ready as you can be if you are involved in a custody dispute. Consult a lawyer as soon as you can to make sure your rights are protected. It is crucial to begin starting as soon as possible since preparing for a child custody case needs both legal expertise and hard effort.

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Lessor floored: make good costs reduced by windfall benefit

Landlords and tenants squabbling over make good costs in commercial leases should consider this dispute relating to an industrial warehouse leased to a heavy machinery hire company.

Kingston Industries took up occupation of the western Sydney premises in August 2010 and after its lease extensions expired in July 2017, it continued occupation on a month-to-month basis until December that year.

Landlord Diana Morabito claimed Kingston was responsible for the make good cost of replacing concrete surfaces in the warehouse and the car park which she claimed had been shattered by the tenant’s steel track earthmoving equipment.

She demanded the former tenant pay $344,000 in make good costs plus lost rent of $295,000 for the 18-month period between when Kingston departed and the date the premises were re-let in June 2019.

The lease – which specified a permitted use of “Plant Hire/Distribution” – contained the usual provisions in relation to the tenant’s maintenance and repair obligations but excluded damage caused by the landlord’s negligence or which occurred “outside its control” from the realm of tenant’s responsibility.

The terms also prohibited the tenant from “allowing the floor to be broken or damaged by overloading”.

The landlord was obliged to “maintain the structure of the premises in good repair” but it gave no warranty or representation that they were suitable for the tenant’s use.

When Kingston refused to pay, the landlord filed proceedings to recover her make good costs in the NSW Supreme Court.

Morabito contended that the permitted use did not extend to moving steel tracked equipment on the concrete surfaces without using protective measures of mapping or steel plates.

Justice Elisabeth Peden had to consider whether machinery with steel tracks was “plant”- and therefore permitted – that would ordinarily be expected to be moved around.

She saw no need to resort to the principle that lease covenants including those in relation to permitted use “are strictly construed against a lessor” because the word “plant” unambiguously included the tenant’s steel tracked equipment – some of over 22 tonnes in weight – of which the landlord had been aware.

Suspecting that the concrete surfaces were defective, Kingston engaged engineers to inspect and test the damaged paving.

Kingston managed to locate Fernando Algorry, the engineer who originally designed the concrete surfaces who swore that – because he was not provided with instructions about the type required – he had adopted a standard specification for concrete suitable for light to medium industry and machinery with pneumatic tyres only.

He also attested that the concrete supplied to the job – by reference to the few cartage delivery documents the landlord produced in discovery – was even inferior to the grade of product he had specified.

And had he known what was actually supplied, he “would not have certified” the low grade concrete that had been supplied.

This allowed Kingston to argue the failure in the concrete fell into one of the exceptions to its maintenance and repair obligations because it was caused by the landlord’s negligence; beyond its control; or it had occurred as a result of “fair wear and tear”.

Justice Peden accepted Kingston’s submission that Ms Morabito’s failure to produce many missing cement truck delivery dockets entitled the court to conclude they would not benefit her case and that it should conclude all batches delivered had been of low grade.

She went on to conclude that the paving damage had not been caused by Kingston’s machinery or overloading but rather by “a matter beyond its control and for which it ought not be liable”.

She went on to consider the validity of landlord’s figures to decide the damages to which she would be entitled should an appeal court decide otherwise regarding the concrete defects.

In the absence of the landlord taking reasonable steps to mitigate her loss by promptly recruiting a replacement tenant, her claim for lost rent was dismissed.

The court also decreed that any damages for the cost to replace the damaged paving should be reduced by “the betterment obtained from the new concrete”. That benefit was – having regard to the projected 50 year “life” of the new concrete paving – an additional 7.5 years.

“A successful plaintiff should not be awarded a windfall amount by reason of obtaining a better outcome, than had the defendant performed its obligations”. Similar reductions apply if a landlord gains “greater efficiency or productivity” from the repairs conducted from make good funds.

Thus Kingston – if it were to be liable at all – would have had to pay the replacement cost for the slabs, reduced in proportion by such “betterment”.

And a $58,000 claim for other make good items was reduced to $3,320 because Mrs Morabito had not demonstrated the damage was caused by Kingston as opposed to “fair wear and tear”.

ORIGINALLY FOUND ON- Source: QLD Business Property Lawyers(https://qldbusinesspropertylawyers.com.au/blog/lessor-floored-make-good-costs-reduced-by-windfall-benefit/)