July 2024

DPIN serves as a unique identifier assigned to each designated partner within the LLP. It plays a pivotal role in regulatory compliance, accountability, and transparency of the LLP’s operations as well as the official acts carried out by DPIN holders. In simple words, it is a means by which regulatory authorities, partners, and other stakeholders monitor the administrative activities of designated partners in India. Moreover, DPIN also facilitates the delineation of roles and responsibilities among designated partners, ensuring clarity in decision-making processes and legal adherence to the concerned regulations. It not only streamlines the administrative procedures of LLPs but also reinforces their integrity and credibility in India. What is DPIN?: DPIN Full Form & Meaning The Ministry of Corporate Affairs (Government of India) issues a Designated Partner Identification Number (DPIN) to anyone who seeks to be designated as a Designated Partner of a Limited Liability Partnership (LLP). To put it another way, each Designated Partner in an LLP is allocated a role. The number allotted to d esignated partners or the Designated Partner’s DPIN serves as proof of their legal validity. The Designated Partner Identification Number(DPIN) is often interchangeably used with the Director Identification Number (DIN). To become a Designated Partner, you must first obtain the consent of other existing partners and obtain a Class 2 digital signature. DPIN full form stands for Designated Partner Identification Number. As its full form suggests, it is a unique identifier for Designated Partners appointed in LLPs across India. Additionally, it formally recognizes them and defines their roles within an LLP. The DPIN format resembles an alphanumeric code akin to personal identification numbers, and the purpose of its allocation includes the following. Identification and authentication of Designated Partners: The Designated Partner Identification Number (DPIN) serves as a fundamental means of identifying and authenticating individuals appointed as Designated Partners within Limited Liability Partnerships (LLPs). Since multiple stakeholders are involved in establishing this entity, DPINs play a crucial role in distinguishing Designated Partners from other authorities, such as partners and employees. Ensures regulatory compliance within LLPs: Regulatory compliance is paramount for the smooth functioning and legal adherence of an LLP. In this regard, DPIN holds immense importance as it is a key detail used by designated partners to meet all the compliance requirements. Without a DPIN number, designated partners can neither authenticate the compliance filings nor track the LLP’s compliance status. In other words, using DPIN safeguards LLPs against potential legal repercussions arising from non-compliance with regulatory mandates.  Facilitates seamless administrative process: The participation of Designated Partners in the administrative tasks of LLPs is vital for their efficient operations. These tasks encompass a wide range of activities, including filing documents, signing agreements, and holding meetings. Using DPIN establishes Designated Partners as the rightful authorities in charge of completing these tasks. Without them, Designated Partners may encounter obstacles in carrying out these administrative tasks, potentially leading to delays or non-compliance issues for the LLP. Prescribed Limit for Designated Partner & Designated Partner Identification Number An application for name reservation using the RUN Service or RUN-LLP Service on MCA does not require a DPIN / DIN / DSC Form FiLLiP can be used by a maximum of two approved partners to apply for DPIN allotment. The number of individual or business partners, on the other hand, is unrestricted Under Form SPICe, a maximum of seven subscribers can apply for a DIN. Need for Designated Partner & Designated Partner Identification Number The LLP must file its particulars with the registrar within 30 days of individuals consenting to operate as Designated Partners, according to Section 7(4). A Designated Partner Identification Number (DPIN) must be obtained from the central government, according to Section 7(6), and Section 266A-G of the Companies Act, 1956, including the regulations of Mutatis Mutandis, will apply to Designated Partners. If the Designated partners violate the provisions of Sections 7, 8, or 9, the LLP and each partner are responsible to pay a fine of not less than ten thousand rupees and up to ₹5 lakh, according to Section 107. Who Can Apply for a DPIN Number? Residency Status: While designated partners may be Indian or foreign individuals, at least one of them appointed in an LLP must be an Indian Resident. The LLP Act defines an Indian Resident for this purpose as an individual who has stayed in India for more than 120 days in the previous financial year.  Age Requirement: Designated Partners must be at least 18 years old at the time of DPIN application. This ensures that individuals assuming these roles are legally competent to fulfill their responsibilities within the LLP. Capacity to Contract: Designated Partners must possess the legal capacity to enter into contracts. They should not be disqualified under any law from entering into contractual agreements. Sound Mind: Designated Partners must be of sound mind, meaning they should not be declared legally incompetent or incapable of managing their affairs. Convicted in a Legal Offense: Individuals who have been disqualified by law from holding the position of Designated Partner due to any legal proceedings or convictions are ineligible. No Insolvency Proceedings: Designated Partners must not be undergoing any insolvency proceedings or have been declared insolvent by a court of law. Educational Qualifications: While there are no specific educational qualifications mandated by law, individuals aspiring to become Designated Partners should ideally possess the requisite knowledge, skills, and experience relevant to the operations of the LLP. What are the Steps for DPIN Application Process? Step 1: Obtaining Digital Signature Certificate (DSC) Before initiating the DPIN application process, individuals must first obtain a Digital Signature Certificate (DSC) from a certifying authority recognized by the MCA. The DSC serves as an electronic signature for digitally signing documents submitted during the DPIN online application process. Step 2: Completing Form DIR-3 The next step involves completing the online Form DIR-3, which is the application form for the allotment of DPIN. This form can be accessed on the MCA website and requires individuals to provide personal details such as name, date of birth, address, educational qualifications, and other relevant information while applying.

Food Processing includes process under which any raw product of agriculture, dairy, animal husbandry, meat, poultry or fishing is transformed through a process (involving employees, power, machines or money) in such a way that its original physical properties undergo a change and the transformed product has commercial value and is suitable for human and animal consumption. It also includes the process of value addition to produce products through methods such as preservation, addition of food additives, drying etc. with a view to preserve food substances in an effective manner, enhance their shelf life and quality Food Processing Sector The Food Processing Industry Sector involves any type of value addition to agricultural produce starting at the level of post-harvest. It includes even primary processing like cutting, grading, sorting, seeding, shelling packaging, etc. The food sector comprises the below following major areas: Fisheries  Meat and Poultry  Milk and Dairy  Fruit and Vegetable Grain and Cereals  Consumer Industry  Plantation Objectives of the Policy The objectives of the National Food Processing Policy are given below: To ensure farmers get remunerative prices while ensuring the availability of quality and affordable produce to the consumers. To reduce wastage and to increase the market efficiency and value-added opportunities To address the issues of malnourishment by ensuring the availability of nutritionally balanced foods. To make the food processing sector more competitive through the innovation of adequate infrastructure facilities such as supply chain, use of modern technologies, food safety, promoting traceability, and encouraging optimum capacity utilization of assets and resources. To position the Indian country as the most preferred investment destination for agribusiness and food processing.  To create more opportunities for the growth of the agribusiness and Food Processing Industry, and create employment. Key Principles Creating Enabling Environment The Policy would seek to create a conducive environment for entrepreneurs to set up Food Processing sectors through fiscal initiatives/interventions such as rationalization of tax structure on fresh foods as well as processed foods and machinery that are used for the production of processed foods. It encourages the setting up of agro-processing facilities close to the area of agricultural production as possible to avoid wastage and to reduce the transportation cost. Department to Promote Food Processing In order to ensure that proper focus is provided to the Food Processing Industry and also encourage greater employment generation in the sector, it is proposed that each state set up an independent department to handle all matters related to the food processing industry. The Department would create an appropriate environment to facilitate ease of doing business thereby catalyzing investments in the sector. The Department would also disseminate information on the various schemes and programs of the Ministry of Food Processing Industry and the respective state and provide guidance to investors availing benefits from these schemes and programs.  Infrastructural Development The Policy will facilitate the establishment of low-cost pre-cooling and cold chain, facilities near agricultural farms. It also facilitates cold stores and grading, packing, and sorting facilities to reduce wastage, and improve the quality and shelf life of products. Under this policy, a strong infrastructural base is to be built for the production of value-added agricultural products with a special emphasis on food safety and quality matching international standards. Promote Mega Projects It is suggested that the mega projects with established backward linkages are supported. Dovetailing with the existing schemes would provide much-required support for strengthening the backward linkages. The establishment of a sustainable linkage between the farmers and the processors who are based on mutual trust and benefits by utilizing the current infrastructure of cooperative, village panchayats, and other institutions. The policy will promote the establishment of a marketing network with apex bodies to ensure the proper marketing of processed products. Special Provisions The below following would be provided with special consideration and higher priority in the Policy and plans. The North Eastern Region (NER), Hilly Areas, Islands, and ITDP areas in the country would be given not only special attention and high consideration.  The fiscal incentives such as excise duty/sales tax concession and the tax holidays to be granted to those units which are build up in these areas and also to those units which though build up outside these areas near the main market are engaged in processing the agricultural produce coming from these areas.  The tax holiday for the food processing units, with the exception of liquor, cigarettes and aerated drinks and similar luxury items, for a time frame of 10 years.  Incentives and Support measures Incentives for Capital and Credit To catalyse the investment in the food processing sector it is suggested that the incentives are granted for the establishment of new food processing unit, the equipment cost for the technology upgradation of the existing units and for setting up the cold chain is suggested to catalyse investment in the food processing sector.  Electricity Duty Incentive The food processing industry that is based on the seasonal perishables like fruits and vegetables must be considered as seasonal industry and electricity charges/duty is suggested to be levied for the seasonal time only and not for the whole year. It is suggested that the electricity charges be totally exempted for specific years to promote the new units. Water charges Incentive Under this policy, it is proposed that the water is made available on the priority basis to the Food Processing Industries. The Agro-Food Processing sector has to be treated as agriculture with regard to the water charges and quota. It is also proposed to simplify permissions needed for water connection by the Food Processing Industries. The Special incentives could be provided to food business operators undertaking efforts towards improving the groundwater levels through the development and use of new technologies for water conservation, especially in the Dark Blocks.  VAT/SGST Incentives Considering the huge investments would be brought in by the development of the food processing sector and the accompanied employment that the industry is projected to generate, VAT/SGST refunds which are suggested to be provided. This benefit must be provided to the new and existing

An appeal is a remedial concept determined as an individual’s right to seek justice against an unjust decree/order via referring it to a Superior Court. Sections 96 to 99A; 107 to 108 & Order 41 of the  Code of Civil Procedure, 1908 deal with appeals from original decrees known as First appeals.  Meaning of appeal The term ‘appeal’ nowhere has been defined under the CPC. The Black’s Law Dictionary, while construing the concept of ‘appeal’ in its most original and natural sense, explains it as “the complaint to a superior court for an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse. It is the removal of a cause from a Court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review and retrial”.  Features of an Appeal The rights of appealing are not inherent, and therefore must be created in express terms by the statue. Thus, these rights differ from the rights of filing suits, which is inherent in nature. It is a substantive right. The rights under this provision accrue from the day of the institution of the suit. These rights cannot be made void, except through a statue (either expressly or by implication). The discretion of the appellate authority is conclusive. Grounds of an Appeal A decision has already been made by a judicial or administrative authority. A person is aggrieved of such decision, whether or not he is a party to the proceeding. The appeal is entertained by a reviewing body. Essentials of appealing cases An appeal is a proceeding where a higher forum reconsiders the decision of a lower forum, on questions of law & fact with jurisdiction to confirm, reverse, modify the decision or remand the matter to the lower forum for fresh decision in compliance of its directions. The essentials of appealing cases can be narrowed down to 3 elements: A decree passed by a judicial/administrative authority; An aggrieved person, not necessarily a party to the original proceeding; and A reviewing body instituted for the purposes of entertaining such appeals. Right to appeal The right to appeal is a statutory & substantive one. The statutory nature of an appeal implies that it has to be specifically conferred by a statute along with the operative appellate machinery as opposed to the right to institute a suit, which is an inherent right. It is substantive in the sense that it has to be taken prospectively unless provided otherwise by any statute. This right could be waived off via an agreement, and if a party accepts the benefits under a decree, it can be estopped from challenging its legality. However, an appeal accrues to the law as found on the date of the institution of the original suit. Who Can File an Appeal? Any party to the original proceeding or his/her legal representatives. Any person claiming under such party or a transferee of interests of such party. Any person appointed by the court as the legal guardian of a minor. Any other aggrieved person after taking leave of the court. Who Cannot? A party which has relinquished its right of appeal as per an agreement which is clear and unambiguous. A party which has availed the benefits under a decree. Parties with a consent decree. Consent, in this case, could be a lawful agreement or compromise, or could even be presumed from the conduct of the parties. Parties, whose factum or compromise is in dispute or hasn’t been formulated. Parties involved in petty cases. No legal representatives are entitled to file an appeal against a deceased person. Memorandum of Appeal The grounds for filing an appeal. Signature of the appellant or his/her pleader. The attachment of the certified copy of the original judgement. The remittance of the decretal amount or security (in case of a money decree). The appellant, with respect to this provision, is not entitled to take any grounds or objection except the ones mentioned in the memorandum. However, the court may accept such objections on its own accord, provided the opposite party is provided with adequate opportunities to contest such grounds. Appeals from Original Decrees Appeals from original decrees, which is performed by the appellate court, are preferred in a court which is superior in rank to the Court passing the decree. Appeal for such decrees may lie on an original decree passed ex parte. No appeals will be placed if the decree is passed with the consent of the parties. The appeal from original decrees lies on a question of law. No appeal lies in any suit of the nature cognizable by Courts of small causes if the amount or value of the subject matter of the original suit is confined to a sum of Rs. 10,000. The appellate court may remand a case to a trial court if the latter has dispensed of the case without recording any findings. The decision of the appellate authority is conclusive. If an appeal under this provision is heard by a bench of multiple judges, the opinion of the majority will be considered. In the absence of a majority, the original decree will stay. Where the bench digresses on any point of view, the same may be determined by any number of the remaining judges of the court, and the decision shall be taken by a majority of the judges hearing the appeal, which includes the judges who have heard it originally. The judgement may confirm, modify or reverse the decree. Remand of a Case Remand, in this context, refers to the reverting of a case. The appellate court may revert the case to the trial court if the latter has disposed the suit on a preliminary point without recording any findings. The appellate court may also demand the trial court to admit the suit in its original number in the register of civil suits. The evidence (if any) recorded in the original suit could be used as evidence

In India, a court marriage means a marriage solemnised under the Special Marriage Act, 1954 (‘Act’). A couple belonging to any caste, religion or nationality can solemnise the court marriage in the presence of a marriage officer and three witnesses. The marriage officer is usually the Sub-Registrar appointed under the Act.Court Marriage is an economical and hassle-free alternative that lets couples from a different nationality, religion, and caste to solemnize and register their union through a simple procedure which is carried out in the presence of a marriage registrar and 3 witnesses. Introduction A court marriage takes place as per the procedure laid down in the Act and is common across the nation. The marriage officer performs the marriage without discrimination based on caste, creed or religion. It is a marriage solemnised according to law. The bride and the bridegroom can directly submit a court marriage application to the marriage officer to get their marriage certificate. The court marriage can be registered in the office of the marriage officer in whose area/jurisdiction the bride or bridegroom resides. Who Needs A Court Marriage? Individuals looking to tie a knot under the Special Marriage Act can opt for court marriages to legalize their marriage in an economical and hassle-free manner. Conditions for Court Marriage The court marriage rules are provided under Section 4 of the Special Marriage Act.  The parties have to meet the necessary conditions prescribed in the act before signing the Civil Marriage Contract. There should not be Persisting valid marriage of either of the parties with any other person. The couples can proceed with the court marriage if the previous spouse is not living or the divorce has been obtained. The parties must have given free consent for the court marriage, that is none of the party to the court marriage to be incompetent of giving valid consent due to unsound minds or any other factor. The court marriage age for a bridegroom is 21 years, and for a bride is 18 years. The parties to the marriage should not fall within the degree of prohibited relationship. Documents Required for Court Marriage in India Separate affidavits from the bride and bridegroom containing the following details: Date of birth Marital status – widower/unmarried/divorcee Affirmation that the couple are not related to one another within the degree of prohibited relationship Passport-size photos of the bride and bridegroom Residential proof of the bride and bridegroom  Proof of date of birth of the bride and bridegroom  Copy of the notice of the intended marriage signed by the couple Copy of divorce order, in the case of a divorcee and death certificate of a spouse, in case of a widower/widow The documents required to be submitted by all the witnesses are as follows: Passport size photo Copy of PAN card Copy of identity proof Eligibility Criteria For Court Marriage Both the bride and groom do not have a living spouse. The bride and groom: are not incapable of giving valid consent to the marriage due to unsoundness of mind, are not suffering from a mental disorder of such a kind or extent that makes him/her unfit for marriage and childbearing, and have not been subject to recurrent attacks of insanity.  The bridegroom is 21 years old, and the bride is 18 years old. The bride and groom are not involved in an unlawful relationship. Procedure for Court Marriage in India Step 1-Notice of marriage The parties (bride and the bridegroom) must give the court marriage application form, i.e. notice of the intended marriage, to the marriage officer. The notice of the intended marriage should be given as prescribed in the second schedule of the Act before 30 days of the intended marriage date. It should be given to the marriage officer in whose area either party to the marriage has continuously lived for 30 days or more. Step 2-Publication of the notice The marriage officer will publish the notice of the intended marriage submitted by the parties by affixing it in a conspicuous place in the office of the marriage officer. After it is published, any person can object to the marriage within 30 days of its publication. If there is no objection, the marriage officer will perform the marriage after the expiry of 30 days of the notice publication. Step 3- Objection to marriage, if any Anybody can object to the court marriage within 30 days of the publication of the notice of the intended marriage. A person can submit an objection for marriage to the marriage officer on the grounds that the marriage violates any conditions required for the court marriage. However, the objection to the marriage should be on a legal basis and not on a personal basis. The marriage officer must enquire about the objection within 30 days of the receipt of the objection. After enquiring about the objection, the marriage officer can solemnise the marriage when it does not violate any conditions for marriage. Step 4- Declaration by parties and witnesses When there is no objection to the marriage or the marriage officer dismisses the objection, the parties must appear before the marriage officer and submit a declaration. The parties to the marriage and three witnesses are required to submit the declaration as prescribed in the third schedule of the Act in the presence of the marriage officer. The marriage officer will also countersign the declaration.  Step 5 – Place of marriage The marriage can take place at the office of the marriage officer or another place within a reasonable distance which the parties choose. If the parties select another place to solemnise the marriage, they must pay the additional fees as prescribed. The marriage can be solemnised in any form the parties choose to adopt. Step 6- Certificate of marriage The marriage officer will give the marriage certificate after solemnising the marriage. Both the parties to the marriage and three witnesses must sign the marriage certificate. The marriage certificate is conclusive evidence of the marriage. The marriage officer will enter the details of the marriage in the marriage certificate book.  Court Marriage Fee- The parties should pay the court marriage fee to the office of the marriage officer. The