Epidemic Diseases Act, 1897 which was passed as a legislation in India 123 years back is currently hitting the news after the outbreak of novel Coronavirus making its way to the Indian Territory. This legislation which was once considered to be a gifted asset of the British imperialism to India has been at present, advised by the Central Government to be invoked in all the States and Union Territories of India to fight against the COVID-19 pandemic.
The Law Tree
Edition 54
Life is a mixture of good and bad. We will begin with the good, though. AKM LLP opened its fourth office in Bangalore in February 2020. As the celebrations settled down and we enthusiastically moved into March, came the news of the dreaded novel coronavirus (Covid 19) spreading rapidly to other nations. It is now a menace in India. A war with an invisible enemy. While India relies on the Epidemic Diseases Act, 1897 to deal with pandemics like Covid 19, we bring you an Insight into the colonial era legislation.
Insights
Companies (Amendment) Bill: 2020
On 4th March 2020, the Companies (Amendment) Bill 2019 was approved by the Union Cabinet. The Bill was introduced on 17th March 2020 with a view to further amend the Companies Act, 2013.
IBC Cases
A monthly update of the most significant cases on insolvency and bankruptcy and its resolution
What's Brewing
Covid Positive = Economy Negative
It supposedly originated in a sea food market in a 2-tier city in China. It is now a WHO declared pandemic that has affected 150 countries (and counting). The novel coronavirus aka Covid-19 has not only disrupted normal lives of humans and animals, but also the growth and economy of countries and the world itself.
Circulars & Notifications
Learn about this month’s circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.
Circulars and Notifications
March 19, 2020
Preventive measures to contain the spread of COVID19
Notifications
March 06, 2020
Implementation of Section 51A of UAPA ,1967
March 16, 2020
COVID-19- Operational and Business Continuity Measures
March 27, 2020
Regulatory Package COVID19
Circulars
March 23, 2020
Commencement of Internship Program in the Legal Department
March 24, 2020
SEBI Notification COVID 19
March 27, 2020
Relaxation from compliance with certain provisions of the SAST Regulations, 2011 due to the COVID-19 pandemic
Guidelines
Circulars
February 17, 2020
MCA Circular for filing various forms in the Registry (MCA-21) by IPs appointed under IBC,2016
March 06, 2020
MCA Circular for filing various forms in the Registry (MCA-21) by IPs appointed under IBC, 2016
March 17, 2020
Feature for modification of CIRP Forms submitted by an IP in compliance of regulation 40B of the CIRP Regulations, 2016
March 20, 2020
Educational course and continuing education under the Companies Rules,2017
March 20, 2020
Pre-registration Educational course under the IBBI ( IP) Regulations,2016
Notifications
January 30, 2020
Notification under section 227 read with rule 10
March 13, 2020
Constitution of NCLAT in Chennai
March 19, 2020
Notification under section 5(15) of the Code
March 24, 2020
Notification under section 4 of the Code
The Verdict
SC Lifts Ban on Cryptocurrency
Imposed by RBI
On 4th March 2020, a three Judge bench comprising Justice Rohinton F Nariman, Justice Aniruddha Bose and Justice V. Ramasubramanian, set aside an RBI notification issued in April 2018 that prohibited use of banking channels for transactions using cryptocurrencies such as Bitcoin. Understandably, this judgment has evoked mixed response. While technology heads have welcomed the decision, regulators are mulling over further legal action over security concerns of transacting in cryptocurrency. A look at the basics of cryptocurrency before analysing the Judgment.
Go Figure
GST Collections
The real time impact of levying GST gauged through its state wide and nation wide collections.
Lawtitude
India’s Experiment with Data Localization Compliance-
A Step Towards Progressive Liberalization?
“Data is the new oil” is a dictum that rightly expresses the valuable affairs of the global digital markets. As we move from economic ownership towards data sovereignty, read further to understand India’s approach towards data localization compliance.
Legal-ease
Legal words that are not as difficult as they sound. Know their meaning and use them appropriately!
Quamdiu
As long as; so long as. A word of limitation in old conveyances.
Rack-rent
A rent of full value of the tenement, or near it.Exorbitant rent which equals or exceeds the economic value of the property.
Sandwich lease
The first lease of property from lessor to lessee who in turn subleases to another.
Talio
In the civil law, like for like; punishment in the same kind; the punishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb.
Infographic
A Law for the Real Equality
The 2018 Judgment granting transgender rights culminated into the Transgender Persons (Protection of Rights) Act, 2019. A look at the details
Lawlipop
Important legal and other news having a bearing on society depicted in a fun quirky way!
Dog isn’t cattle says Mizoram Government; Clears Animal Slaughter (Amendment) Bill.
COVID-19: Global or Economic Pandemic?
(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
Michael Clayton (2007)
George Clooney plays the titular role in this 2007 American legal thriller movie. Directed by debutant director Tony Gliroy (film maker – write who wrote screenplay for the cult Bourne series), the movie chronicles the life of a lawyer torn between professional ethic and personal vice. Michael Clayton is lawyer consultant / “fixer” of legal problems – big and small for his law firm in New York. While he is good at this, he is personally addicted to gambling and runs up huge debt. In one case, when his colleague Arthur Eden suffers manic mental breakdown while representing a corrupt chemical corporation, Michael is called to step in to do damage control. A class action suit is brought against the corporation for selling a weed killer that supposedly causes cancer. Arthur becomes a thorn in the flesh when he (instead of defending the chemical corporation) claims he has substantial proof against them. The CEO of the company get Arthur eliminated and makes it look like a suicide. When Michael learns that Arthur’s death was a cold-blooded murder and he was indeed telling the truth, he plots to take advantage of the situation and get out of his gambling debt by extorting money from the chemical corporation. Watch the movie till the end to see if the debt is gotten rid of.
The movie was commercially and critically acclaimed and bagged 7 Oscar nominations. Katherine Matilda Swinton bagged the Oscar for best supporting actress for her outstanding performance as the ruthless lawyer/ general counsel of the chemical corporation. A must watch for all legal thriller and George Clooney fans!
Book/Novel
Rumpole a La Carte
by John Mortimer
A collection of short stories by former barrister John Mortimer in the 90’s, Rumpole is a series of novels with defense barrister Horace Rumpole as the central character. Rumpole though not Queen’s counsel is happy dealing with old Bailey crime cases (cases tried in the Central Criminal Court of England and Wales). He is a cut above the rest – barristers and judges of chambers included. The series are a generous mix of how Rumpole handles his personal and professional cases with wit, intelligence, honesty and legal acumen. The books were later adapted into television series as well. British humour and law at its best.
TV Series
Better Call Saul (2015)
An American crime drama series which is a six-year prequel to another super hit crime series Breaking Bad (2008-13), Better call soul first aired in 2015. It focuses on the early life of Saul Goodman, a con man turned “criminal lawyer” whose past “experience” enables him defend underworld crimes bosses. The prequel received critical acclaim for its performances and cinematography. It earned global recognition and awards including Screen Actors guild awards, Emmy’s and Golden Globes to name a few.
If you want peace, work for justice – Pope John Paul VI
Readers' Corner
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