India

Commercial Law, Customs and Taxation
1. Auflage 2011
ISBN: 978-90-411-2836-2
Verlag: Wolters Kluwer

Buch, Englisch, Band 35, 438 Seiten, Print metadata

Reihe: Global Trade Law Series

India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, ‘the largest democracy in the world’. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this – in which the business legal system of India is thoroughly reviewed – will be really welcomed by both practitioners and academics. This book examines the full spectrum of India’s legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers’ rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world’s second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Autoren/Hrsg.

Franceschin, Germano

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)

Inhaltsverzeichnis

About the Authors Part I General Commercial Law Chapter 1 Introduction Chapter 2 Basic Principles of Indian Law Chapter 3 Law of Contracts Chapter 4 Registration of Documents Chapter 5 Transfer of Real Property Chapter 6 Sale of Movable Property Chapter 7 Negotiable Instruments Chapter 8 Law of Torts Chapter 9 Distribution Agreement Chapter 10 Consumer Protection Part II Special Commercial Law Chapter 11 Customs Law Chapter 12 Import and Export Procedures Chapter 13 Partnership Law Chapter 14 Society Law and Company Law Chapter 15 Trusts Chapter 17 Labour Law Chapter 18 Property Law Appendices: Selection of Laws Appendix I Constitution of India Appendix II Indian Penal Code Appendix III Societies Registration Act, 1860 Appendix IV Indian Contract Act n. 9, of Year 1872 Appendix V The Negotiable Instruments Act, 1881 Appendix VI Indian Trusts Act, 1882 Appendix VII Cooperative Societies Act, 1912 Appendix VIII Trade Unions Act, 1926 Appendix IX The Industrial Employment (Standing Orders) Act, 1946 Appendix X Industrial Disputes Act, 1947 Appendix XI Minimum Wages Act, 1948 Appendix XII Companies Act, 1956 Appendix XIII Copyright Act, 1957 Appendix XIV Income Tax Act, 1961 Appendix XV Official Languages Act, 1963 Appendix XVI Biodiversity Related Community Intellectual Rights Act del 1994 Appendix XVII Convention between the Government of the Republic of Italy and the Government of the Republic of India for the Avoidance of Double Taxation Appendix XVIII Trade Marks Act, 1999 Appendix XIX Registration and Protection Act, 1999 Appendix XX Semiconductor Integrated Circuits Layout-Design Act, 2000 Appendix XXI Protection of Plant Varieties and Farmer's Rights Act, 2001 Appendix XXII Biological Diversity Bill, 2002 Appendix XXIII Competition Act, 2002 Appendix XXIV Multi State Co-Op. Societies Act, 2002 Appendix XXV Finance Act, 2003, W.E.F. 1 April 2004 Appendix XXVI Franchise Agreement Appendix XXVII Foreign Trade Policy, 1st September 2004-31st March 2009