India’s criminal laws were enacted in the British era and continue to remain. The Government has thus initiated the much-required repeal of archaic provisions of criminal laws to ensure criminal justice is delivered.
Edition 95 • August 2023
Charting the Unchartered
India is charting the unchartered with silent precision. The soft landing of the indigenous Chandrayaan 3 on the moon’s south pole is stellar example of that. The country chartered yet another unchartered area – repealing / replacing the gamut of criminal laws of the country. An insight into the same.
Insights
How The First To File Rule Legally Affects Patent Applications
In the early days of the patent regime, the First-to-Invent (FTI) rule prevailed, which granted patent protection to the first and true inventor who conceived the idea and reduced it to practice irrespective of the swift filing of the patent application. This rule was in consonance with the principles of common law and equity.
Tête-à-tête
Sandhya and Subathra engage in a Tete a Tete on a topic of rather discomfort – Marital Rape.
IBC Cases
A monthly update of the most significant cases on insolvency and bankruptcy and its resolution
What's Brewing
Advocates Amendment Bill 2023
In the first week of August, the Rajya Sabha passed the Advocates (Amendment) Bill 2023. The bill amends the Advocates Act 1961 that seeks to regulate legal profession. Section 45 of the Advocates Act 1961 seeks to penalize any persons illegally practicing in courts and before other authorities.
Circulars & Notifications
The latest set of circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.
Circulars
12th July 2023
Notifications
Nil
Circulars
25th July 2023
Master Circular - Management of Advances – UCBs
Notifications
18th July 2023
Inclusion of “NongHyup Bank” in the
Second Schedule of the Reserve Bank of India Act, 1934
25th July 2023
Master Circular - Management of Advances – UCBs
Circulars
3rd
July 2023
Master Circular for Credit Rating Agencies
4th
July 2023
Appointment of Director nominated by the Debenture Trustee on
boards of issuers
6th July 2023
Master Circular for Debenture Trustees
6th July 2023
Master Circular for Real Estate Investment Trusts (REITs)
6th July 2023
Master Circular for Infrastructure Investment Trusts (InvITs)
7th
July 2023
Roles and responsibilities of Trustees and board of directors of
Asset Management Companies (AMCs) of Mutual Funds
7th
July 2023
Regulatory Framework for Sponsors of a Mutual Fund
12th July 2023
Master Circular for ESG Rating Providers (ERPs)
12th July 2023
BRSR Core - Framework for assurance and ESG disclosures for
value chain
20th July 2023
New category of Mutual Fund schemes for Environmental, Social
and Governance (“ESG”) Investing and related disclosures by Mutual Funds
26th July 2023
Resources for Trustees of Mutual Funds
27th July 2023
Framework for Corporate Debt Market Development Fund (CDMDF)
27th July 2023
Investment by Mutual Fund Schemes and AMCs in units of Corporate
Debt Market Development Fund
27th
July 2023
Mandating Legal Entity Identifier (LEI) for all non – individual
Foreign Portfolio Investors (FPIs)
31st
July 2023
Online Resolution of Disputes in the Indian Securities Market
31st
July 2023
Master Circular for Alternative Investment Funds (AIFs)
Notifications
Circulars
Nil
Notifications
3rd
July 2023
NCLT Advisory - Regarding Go Air Ticket Holder- Refund Claims
Circulars
6th July 2023
Circular No. 11/2023 : Corrigenda to Circular No. 10 of 2023
dated 30th June, 2023
12th July 2023
26th July 2023
27th July 2023
Notifications
6th July 2023
11th July 2023
14th July 2023
17th July 2023
18th July 2023
20th July 2023
26th July 2023
Notification No. 53/2023 [F.No.
370142/62/2021-TPL (Part-III)] / SO GSR 546(E) : Corrigendum
Circulars
Nil
Notifications
Nil
Circulars
Nil
Notifications
A. Tariff
1st July 2023
43/2023-Customs
- Seeks to amend the First Schedule of the Customs Tariff Act
1st
July 2023
44/2023 - Seeks to amend notification No. 50/2017 -Customs dated 30.06.2017 in
order to prescribe a concessional BCD on liquified Propane and liquified
Butane.
1st
July 2023
45/2023 - Seeks to amend notification No. 11/2021-Customs dated 01.02.2021 in
order to prescribe the AIDC rate for liquified Propane and liquified Butane.
26th
July 2023
46/2023 - Seeks to amend notification No. 11/2021-Customs dated 01.02.2021 in
order to prescribe the AIDC rate for liquified Propane and liquified Butane.
B. Non-Tariff
06th
July 2023
50/2023-Customs (NT) - Exchange Rate Notification No.50/2023-Cus (NT) dated
06.07.2023-reg.
11th
July 2023
51/2023 Customs (NT) - Transhipment of Cargo to Nepal under Electronic Cargo
Tracking System (Amendment) Regulations, 2023 by amendment of Principal
Notification No. 68/2019-Customs (N.T.) dated 30 th
September 2019.
13th
July 2023
52/2023 Customs (NT) - Exchange Rate Notification No.52/2023-Cus (NT) dated
13.07.2023-reg.
14th
July 2023
53/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap,
Areca Nut, Gold and Silver- Reg.
20th
July 2023
54/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap,
Areca Nut, Gold and Silver- Reg.
31st
July 2023
55/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap,
Areca Nut, Gold and Silver- Reg.
The Verdict
Apex Court Scraps Section 66 A of the IT Act 2000
On 12th October 2022, the Supreme Court while hearing a petition filed by an NGO, Peoples Union for Civil Liberties against the Union of India, ruled that police and enforcement authorities must stop initiating prosecution under Section 66 A of the Information Technology Act 2000 (IT Act 2000) which was declared unconstitutional in a previous case – Shreya Singhal Vs Union of India in 2015. In this background, we decode the section and the landmark judgments.
Apex Rulings
Supreme Court judgments that have profound bearing on the society.
Go Figure
Multidimensional Poverty Index Report 2023: Key Findings
The Multidimensional Poverty Index report (MPI) records the statistics of the current state of poverty using yard sticks such as health, education, standard of living, infrastructure etc.
Lawtitude
Navigating Online Gaming Taxes in 21st Century: A Global Overview
In recent times, online gaming has seen a sudden influx where more and more consumers are entering this arena which was untouched a while ago. The world has now witnessed a significant spotlight cast on the realm of online gaming. Similarly, people have now started seeing online gaming as not just a source of enjoyment but as a full-fledged economy to generate income as well as business.
Legal-ease
Legal words that are not as difficult as they sound. Learn their meaning. Use them right!
Homologate
To approve or confirm officially
Keeper
One that takes care of and often is legally responsible for something
Inscribe
To set down in writing (as the terms of a mortgage) to create a lasting public record
Jaywalk
To cross a street carelessly or in an illegal manner so as to be endangered by traffic
Infographic
From Birth to End
The Registrar of Births and Death Act 1969 registers not only births and deaths of people but also revision in details without altering the original entry.
Lawlipop
Important legal and other news having a bearing on society depicted in a fun quirky way!
Splitsville
Karnataka HC- decide on divorce cases within a year
Go Digital – Grow Digital: RBI
Digital payment see 13.24% jump in FY23
(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
Dark Waters (2019)
An American legal thriller, the movie is based on environmental attorney Robert Bilott’s lawsuit against DuPont. The chemical manufacturing giant was accused of dumping hazardous chemical waste and effluents into small town in Ohio. When people and animals die of mysterious health conditions, it points towards contamination in water. Research reveals that the chemical is PFOA used in manufacturing Teflon nonstick coating on vessels. It is known to cause cancer and other diseases as such chemicals are called “forever chemicals” – they do not leave the body and only accumulate. Bob fights tooth and nail to secure compensation to every family that is affected as he knows the damage in permanent. He succeeds in getting them compensation.
Book/Novel
Survivior’s Guilt by Robyn Gigl (2023)
The protagonist of the novel Erin McCabe and the author share an empowering facet- they are trans women lawyers working with LGBTQIA+ community. In the third of the series, the novel traces the case of an adopted trans daughter whose wealthy businessman father is found dead mysteriously. Though initially considered suicide, the adopted daughter Ann confesses to murdering her father. Erin Mc Cabe gets reluctantly involved in the case only to slowly find that Ann is taking the murder on her head by remaining silent as she seems to know too much about her father’s associates illegal activities of human exploitation. Erin must protect and defend Ann at all costs even risking her life in the bargain.
TV Series
The Trial (Hindi) 2023
Streaming on Disney + Hot star, the series has been adapted from the American series “The good wife”. Noyonika Sengupta (Kajol), a lawyer, is a happy homemaker married to an additional Judge Rajiv Sengupta (Jisshu Sengupta) raising her children and nurturing her family. All that changes when Rajiv gets convicted and imprisoned of sex and corruption. Noyonika steps up to take care of the family and joins a law firm with her friend Vishal Chaubey’s (Alyy Khan) help. She slowly builds up work argues passionately while managing her family. All this amidst the harsh judgmental eye of the society.
Law and Justice are Not Always the Same – Gloria Steinem
Readers' Corner
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