
India. Commercial, Customs and Tax Law

Hardbound

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.
Last Updated | 07/20/2011 |
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Update Frequency | As Needed |
Product Line | Kluwer Law International |
ISBN | 9789041128362 |
SKU | 10059189-0001 |
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