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Edition 93 • June 2023

Halfway Mark

June. As we cross the halfway mark in the year several issues have been addressed. several more need to be redressed.

Insights

POSH ACT: Be(a)ware

POSH Act 2013 is considered an important legislation defining modern India. However, lacunae in its implementation prompted the Supreme Court to issue directions for its effectiveness.

Insights

From Ideas to Identity: How Intellectual Property Rights Shapes and Safegaurds Personality

Personality is part of identity and hence protecting personality rights of a person is an important aspect of IPR laws.

Tête-à-tête

Decriminalizing adultery does not mitigate its impact on the mental wellbeing. It can still be tried under various family laws.

What's Brewing

Forest Conservation (Amendment) Bill 2023

In March this year, the government introduced the Forest Conservation (Amendment) Bill 2023 in the Lok Sabha, proposing changes to the existing Forest Act 1980. The Bill has been referred to the Joint committee. 

Circulars & Notifications

The latest set of circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.

Circulars

Nil

 

Notifications

Nil

Circulars

3rd May 2023
Introduction of Legal Entity Identifier (LEI) for issuers who have listed and/ or propose to list non-convertible securities, securitized debt instruments, and security receipts

4th May 2023
Additional requirements for the issuers of transition bonds

5th May 2023
Testing Framework for the Information Technology (IT) systems of the Market Infrastructure Institutions (MIIs)

9th May 2023
Registration with the FINNET 2.0 system of Financial Intelligence Unit – India (FIU-India)

10th May 2023
Direct Market Access (DMA) to SEBI registered Foreign Portfolio Investors (FPIs) for participating in Exchange Traded Commodity Derivatives (ETCDs)

12th May 2023
Investment in units of Mutual Funds in the name of minor through guardian

17th May 2023
Master Circular for Stock Brokers

17th May 2023
Master Circular for Registrars to an Issue and Share Transfer Agents

19th May 2023
Master Circular for Mutual Funds

19th May 2023
Risk disclosure with respect to trading by individual traders in Equity Futures & Options Segment

22nd May 2023
Dematerialization of securities of Hold Cos and SPVs held by Real Estate Investment Trusts (REITs)

22nd May 2023
Dematerialization of securities of Hold Cos and SPVs held by Infrastructure Investment Trusts (InvITs)

23rd May 2023
Revision in computation of Core Settlement Guarantee Fund in Commodity Derivatives Segment

25th May 2023
Model Tripartite Agreement between the Issuer Company, Existing Share Transfer Agent and New Share Transfer Agent as per Regulation 7(4) of SEBI (LODR) Regulation, 2015

30th May 2023
Comprehensive guidelines for Investor Protection Fund and Investor Services Fund at Stock Exchanges and Depositories

 

Notifications

Nil

Circulars

Nil

 

Notifications

3rd May 2023
NCLT Order regarding production of IU Record - 03.04.2023

Circulars

22nd May 2023

Circular No. 5/2023 : ​Guidelines for removal of difficulties under sub-section (3) of section 194BA of the Income-tax Act, 1961

24th May 2023

Circular No. 6/2023 : ​Clarification regarding provisions relating to charitable and religious trusts

31st May 2023

Circular No. 7/2023 : ​Condonation of delay in filing refund claim and claim of carry forward of losses under Section 119(2)(b) of the Income-tax Act, 1961

31st May 2023

Circular No. 8/2023 : ​Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB

 

Notifications

3rd May 2023

Notification No. 24/2023 [F. No.500/62/2017-FT&TR-V (Pt-III)] / SO 2059(E) : Notification No. 24/2023 [F. No.500/62/2017-FT&TR-V (Pt-III)] / SO 2059(E)

10th May 2023

Notification No. 25/2023 [F.No.300196/27/2019-ITA-I] / SO 2154(E) : Notification No. 25/2023 [F.No.300196/27/2019-ITA-I] / SO 2154(E)

10th May 2023

Notification No. 26 /2023 [F. No.300196/5/2019-ITA-I (Pt.-1)] / SO 2155(E) : Notification No. 26 /2023 [F. No.300196/5/2019-ITA-I (Pt.-1)] / SO 2155(E)

16th May 2023

Notification No. 27/2023 [F. No. 370142/11/2023-TPL] / SO 2189(E) : Notification No. 27/2023 [F. No. 370142/11/2023-TPL] / SO 2189(E)

22nd May 2023

Notification No. 28/2023 [F.No. 370142/12/2023-TPL] / GSR 379(E) : Amendment in Income tax Rules, 1962, insertion of new rule 133 for prescribing calculation of net winnings for online games, notification of form 16 and others

24th May 2023

Notification No. 29/2023 [F. No. 370142/9/2023-TPL (Part-I)] / SO 2274(E) : Notification No. 29/2023 [F. No. 370142/9/2023-TPL (Part-I)] / SO 2274(E)

24th May 2023

Notification No. 30/2023 [F. No. 370142/9/2023-TPL (Part-I)] / SO 2275(E) : Notification No. 30/2023 [F. No. 370142/9/2023-TPL (Part-I)] / SO 2275(E)

24th May 2023

Notification No. 31/2023 [F. No. 200/3/2023-ITA-I] / SO 2276(E) : Notification No. 31/2023 [F. No. 200/3/2023-ITA-I] / SO 2276(E)

29th May 2023

Notification No. 32/2023 [F. No. 370142/10/2023-TPL] / GSR 396(E) : ​Income-tax (Sixth Amendment) Rules, 2023

29th May 2023

Notification No. 33/2023 [F.No. 370142/10/2023-TPL] / SO 2352(E) : ​e-Appeals Scheme, 2023

30th May 2023

Notification No. 34/2023 [F. No. 370142/13/2023-TPL] / GSR 399(E) : ​Income-tax (7th Amendment) Rules, 2023

31st May 2023

Notification No. 35/2023 [F. No. 370142/14/2023-TPL] / GSR 403(E) : ​Income-tax (8th Amendment) Rules, 2023

Circulars
Nil

 

Notifications
Nil

Circulars

17th May 2023
11/2023 - Amnesty Scheme for one time settlement of default in export obligation by Advance and EPCG authorization holders (Notification No.32/2023-Customs dated 26.04.2023).

24th May 2023
12/2023 - Foreign Trade Policy 2023

31st May 2023
13/2023 Faceless Assessment – Re-organisation of National Assessment Centres and Faceless Assessment Groups.

 

Notifications
A. Tariff
10th May 2023
37/2023-Customs - Seeks to allow imports of Crude Soya-bean Oil and Crude Sunflower Oil at zero Basic Customs Duty and zero Agriculture Infrastructure and Development Cess for TRQ license holders for FY 2022-23 up to the 30th June, 2023.

23rd May 2023
38/2023-Customs - Seeks to amend Australia FTA notification to make changes in tariff preference given to Coking Coal and Raw Cotton arising out of Finance Act, 2023

 

B. Non-Tariff

4th May 2023
33/2023-Customs (NT) - Exchange rate Notification No. 33/2023-Cus (NT) dated 04.05.2023-reg

15th May 2023
34/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

17th May 2023
35/2023 Customs (NT) - Notification in relation to Land Customs Stations and routes a) Anandpara (India) - Ramgarh (Bangladesh) via River Feni (b) The road from NH-8 in Anandpara (India) through Maitri Setu to Ramgarh (Bangladesh) by amendment of Principal Notification No. 63/1994-Customs (N.T.) dated 21st November 1994

18th May 2023
36/2023 Customs (NT) - Exchange rate Notification No. 36/2023-Cus (NT) dated 18.05.2023-reg

The Verdict

Interest on Delayed Payment A&C Act 1996

On 2nd June 2023, the Delhi HC held that the arbitrator has the power to grant interest for delayed payment even if the original agreement contains clause prohibiting interest on delayed payments.

Apex Rulings

Apex Rulings

Supreme Court judgments that have profound bearing on the society.

Go Figure

Global Economic Prospects: Key Observations & 2023 Report

The Global rate of Gross Domestic Product simply known as GDP indicates the health and wellbeing of any economy.
Lawtitude

Establishing a Dedicated Tribunal for Ukraine: Addressing the Need for Justice

In a recent move, International Bar Association (IBA) has adopted a resolution in order to request the United Nations to create a Special tribunal which can try Russia for the crimes of aggression it has committed against Ukraine.

Zoning

Municipal or county regulation of land use effected through the creation and enforcement of zones under local law

Allocatur

Permission to appeal

Bootleg

To produce, reproduce, or distribute without authorization or license

Contemner

One who commits contempt

Infographic

Lend But Secure For Recovery

The SARFAESI Act applies to any movable and immovable property or asset provided as a security for availing financial assistance from banks and financial institutions.

Lawlipop

Important legal and other news having a bearing on society depicted in a fun quirky way!

On a clean note: Withdrawal of Rs. 2,000 currency Note

Equality in the eyes of law: Korean national allowed to enrol as advocate in India.

(P)Review
Your regular dose of a movie, TV show and a book all based on law to keep you entertained and thinking at the same time!
Movie

Sirf Ek Banda Kaafi Hai (Hindi) (2023)

Based on real life incidents, the movie is a court room drama. When a minor girl accuses a God man of rape, there is public outrage across the bustling city of Jodhpur. While God (and Godmen) fearing people decry the act of the young girl as publicity stunt, another section of the society rally around her. The Godman is arrested. From buying witnesses, to killing them, intimidating the lawyer’s / victim’s families, and hiring celebrity senior counsels, the defence tries all tricks in the book to get the God man out of bail. In vain. The sessions court lawyer P C Solanki, (Manoj Bajpayee) representing the victim thwarts all attempts made by the defence purely based on law points. His powerful closing argument seals the fate of the Godman. Streaming on OTT.

Book/Novel

Thirteen by Steve Cavanagh (2018)

One of the best sellers of 2018, the novel received critical acclaim. Robert Solomon and his wife were Hollywood’s most influential power couple. When his wife is found brutally murdered, Robert is the prime suspect and is facing trial for the murder. While all evidence points towards Robert, the defence team hires the con man turned lawyer Eddie Flynn to represent Robert. As the trial progresses, Eddie is convinced that Robert is innocent, and someone wants him framed. Someone in the jury.

TV Series

Accused (2023 onwards)

The latest crime anthology, this series contains episodes each one told from the perspective of the accused / defendant. Unimaginable stories that end up people wrong doers. It leaves one thinking.

To no one we shall sell, deny or defer right or justice - The Magna Carta

Readers' Corner

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