Random Legal Information

Background: To understand the relevant legislations governing the sale of optical lens i.e. contact lens in India and further the regulations if any on the sale of contact lens via the e-commerce platform. Whilst I have not come across a specific legislation regulating such sale, I would like to draw attention to the Drugs and Cosmetics Act, 1940 (“ Act ”) and the Drugs and Cosmetics Rules, 1945 (“ Rules ”) made thereunder. The Act defines a drug in such a manner that it includes devices intended for external use in the diagnosis, treatment , mitigation or prevention of disease or disorder in human beings [1] . Contact lens are intended to correct or improve the vision of people with myopia, hyperopia, presbyopia, and astigmatism by wearing it over the eye, thereby it can be inferred that contact lens is in fact a device intended for external use to treat a disorder in humans. Chapter IV of the Act provides for the procedure to manufacture, sell and distribute drugs, ...

Starting off in any sphere can be a challenge, the same is no different for an entity planning to enter the commercial environment. Intense preparation, structuring and foresight is required to emerge victorious in today’s cut throat and competitive backdrop. In addition, financial assistance, infrastructure, legal safeguards, intellectual property rights and myriad requirements arise as the entity grows. In order to aid and support such entities namely startups, the Ministry of Commerce and Industry through the Department of Industrial Policy and Promotion (“ DIPP ”) vide notification dated February 17, 2016 (“ Notification ”) introduced the ‘Startup India’ initiative. The objective of the initiative is to promote the startup environment in India and give it a much needed boost. To be identified as a ‘startup’, DIPP laid down certain criterion such as: (i)                  an enterprise/ ...

As the focus of a potential importer is to penetrate the market via offline and offline retail channels of growth , I have provided below a brief write up the various models of doing so. If the product categories includes food, socks and shoes, medical devices and medical related products and plans to launch its own brands of food through private labelling through both online and physical platforms , thereby making the sales 3 fold, retail, online and wholesale markets . You must comply with the FDI Policy of 2016. India’s Foreign Direct Investment Policy of 2016 ( FDI Policy ), allows a non-resident entity to invest in India, subject to the FDI Policy and except in those sectors/activities which are prohibited. Further the FDI policy provides for eligible investee entities in which Foreign Direct Investment ( FDI ) is permitted, which are as below: 1.       FDI in Partnership/ Proprietary Concerns; 2.       FDI in trus...

The termination or cessation of a membership can be undertaken pursuant to section 41 of the Companies Act, 1956, whereby the member may be expelled from membership. 1.       Public Limited Company The concept of expulsion of a member of a company by the Board of Directors, pursuant to alteration of articles by special resolution [1] had been attended to by the erstwhile Department of Company Affairs (“ Department ”) vide Circular No. 32/75 [2] (“ Circular ”). The Department opined that [3] “ …….that amendment of articles of association of a company providing for expulsion of a member of the management is opposed to the fundamental principles of the company's jurisprudence and is ultra vires the company. The principles laid down by the Supreme Court in this case [4] , even though pertaining to the refusal of a company to the admission of a person as a member of the company, are applicable even with greater force to a case of expulsion of a...