LegalWizin's blog

RPC is a penal code applicable in the State of Jammu and Kashmir. Indian Penal Code (IPC) is not applicable there under Article 370 of the Constitution of India, which gives an autonomous status to J&K. The code was introduced during the reign of Dogra dynasty with Ranbir Singh as its ruler and therefore named as Ranbir Penal Code (RPC).

Section 468 applies where forgery is planned with an intention of cheating. It does not require that the accused should actually have committed the act of cheating through forgery. Section 468 will not apply when the cheating is complete. When the cheating is complete i.e. when the offence is actually committed then section 467 applies.

Indian constitution is the World's lengthiest written constitution which initially had 395 articles in 22 parts and 8 schedules when it was created.

Now Constitution of India has 448 articles in 25 parts and 12 schedules.

The symbols signify that the brand name is already a registered mark or the application is pending for trademark registration. It is for the consumers and fellow competitors to see that such a name is already taken and hence should not be copied or used without permission.

Trademarks that start becoming generic or are converted into customary words, eventually loose protection. If the court declares certain marks to have become customary or common because they have been used as noun by the common public, then the original owner of the trademark would lose its exclusive right.

For e.g.: Escalator was originally a trademark of Otis Elevator Company, but because of its extensive use as a customary word. The company lost its exclusive right over it. Same case happened with the word XEROX.

A proprietorship firm cannot be a company. Both types of organization possess different characteristics. Company means any organization which has two or more persons and which has separate legal entity, perpetual existence. Sole proprietorship firm does not have any of them characteristics as described nor there is any process followed for its incorporation. Hence lawfully one cannot use word Company in the name proprietorship firm.

To start as a proprietorship firm, the Proprietor must be an Indian citizen and a Resident of India. There is no approval required prior to the commencement of business. But, Non-Resident Indians (NRI) and Persons of Indian Origin can invest or start sole their proprietorship business only with prior approval of the Government of India. The concerned person needs to apply for PAN and then commence the business.

According, as you start the business, you can also obtain GST registration.

No, a Company or Corporation cannot be regarded as Citizen of India. As the Company or Corporation is an Artificial Person which is created by operation of Law it can’t hold citizenship of any Country.

As per the Citizenship Act, 1955 of India only a ‘Natural Person’ can be a Citizen and not any ‘Juristic’ person like Company or any other Body corporate. Hence, company being an Artificial Person or we can say Juristic person cannot get status of the Citizenship of country, although Juristic person can get the Residential Status in India.

A proprietorship firm cannot be a company. Both types of organization possess different characteristics. Company means any organization which has two or more persons and which has separate legal entity, perpetual existence. Sole proprietorship firm does not have any of them characteristics as described nor there is any process followed for its incorporation. Hence lawfully one cannot use word Company in the name proprietorship firm.

Letter of undertaking is beneficial for Indian exporters of goods or service. The export is required to file the letter of undertaking (LUT) prior to undertaking exports. Filing LUT saves you from lengthy and complex process of TAX payment and refund applications.

Any GST holder who is providing / exporting service outside the India will need to file Letter of Undertaking (LUT) before the export of service.