Best Law Firm In Kolkata

The International Labour Organization (ILO) was founded in 1919 with the aim of promoting social justice and setting international labour standards. Its principles form the foundation of fair and ethical employment practices across the world. These principles guide governments, employers, and workers to maintain a balance between productivity, human rights, and welfare. Understanding these core principles helps organizations align their labour and employment management policies with global standards, especially in countries like India where labour laws are evolving rapidly in cities such as Kolkata, Mumbai, and Delhi. 1. Freedom of Association and the Right to Collective Bargaining The first principle of the ILO emphasizes that workers and employers should have the freedom to form and join organizations of their choice. This means employees have the right to form trade unions, associations, or other bodies to protect their interests. Employers also have the right to create organizatio...

The Indian Evidence Act, 1872 was amended in 2000 to include electronic records as valid evidence in court. Section 65B is the key provision that governs how digital data, computer outputs, and electronic communications can be used during legal proceedings. It ensures that digital documents and electronic files are treated as “documents” under the law, provided they meet specific requirements. This helps courts rely on authentic digital evidence without the need for physical devices. As discussed in MCO Legals’ publication Admissibility of Electronic Records in Indian Evidence Act, 1872 , Section 65B lays down the foundation for admissibility of electronic evidence and protects the integrity of such data in litigation. Purpose, Benefits, and Application of Section 65B Purpose To provide legal recognition to electronic records. To prevent tampering or manipulation of digital evidence. To align evidence law with technological advances. To ensure fairness and reliability in di...

The Insolvency and Bankruptcy Code, 2016 (IBC), segments debt into two distinct categories: Financial Debt and Operational Debt . This classification determines the rights, roles, and remedies available to creditors within the Corporate Insolvency Resolution Process (CIRP). A recent judgment by the Supreme Court of India in Global Credit Capital Limited vs. Sach Marketing Pvt. Ltd. , 2024 SCC OnLine SC 649, addresses this critical classification, offering clarity on how certain transactions—such as a security deposit under a service agreement—may be treated under the IBC. The case underscores a foundational principle in insolvency law: it is not the label but the substance of the transaction that dictates its legal nature . Brief Factual Matrix One Mount Shivalik Industries Limited (Corporate Debtor, or CD) entered into a Sales Promoter Agreement with Sach Marketing Pvt. Ltd. (Sach). As part of this agreement, Sach deposited a security amount with the CD, with the understanding tha...