Amidst the pandemic, the Government continues its business as usual. The Stamp Duty Act 2020 was introduced and became effective in July 2020. Get an Insight into the same.
There is a saying – “We all didn’t come in the same ship, but we are all in the same boat”. This is true for the village, town, city, state, country, and the whole wide world. Even as different parts of the world continue to grapple with the second wave of Covid19, we bring to you our journal in all earnestness and sincerity.
A monthly update of the most significant cases on insolvency and bankruptcy and its resolution
Blue Star Limited v. Heaven Engineers & Contractors Private Limited 2173 / 2018 - 6.2.2020
Moratorium ordered as the respondent had not established a pre-existing dispute
B.Chokshi Chem Private Limited v. Kemac Chem Private Limited 1752 / 2018
Corporate Insolvency Resolution Process is initiated because the respondent lost the right to file a reply
Angel’s Fashions v. Arnit Retail Private Limited 771 / 2019
CIRP ordered, as the claim of pre-existing dispute cannot be raised as a reply to the Section 8 notice
Kuwait's Draft Bill on Foreign Workers
In the first week of July 2020, Kuwait proposed a draft Bill to reduce the number of foreign workers in Kuwait. The Legislative committee of its National assembly has deemed it constitutional to do so. The draft Bill seeks to reduce the total number of foreign workers from the existing 70% to 30% of the total foreign population.
Consumer Protection Act 2019
The Consumer Protection Act was originally enacted in 1986 by the Parliament of India to protect the interests of consumers in India. It was amended in the year 2000. Further streamlining and amendment were proposed vide Consumer Protection Bill 2019. Presidential assent was given on 9th August 2019 and most of the sections shall be effective from 20th July 2020.
Circulars & Notifications
June 04, 2020
Limited Liability Partnership Act 2008 and Rules
June 04, 2020
Interest Subvention (IS) and Prompt Repayment Incentive (PRI) for Short Term Loans for Agriculture including Animal Husbandry, Dairy and Fisheries for extended period on account of Covid-19
June 26, 2020
Floating Rate Savings Bonds 2020 (Taxable)
June 05, 2020
SEBI Framework for Regulatory Sandbox
June 08, 2020
Relaxation from compliance with certain provisions of the SEBI (Issue and Listing of Debt Securities) Regulations, 2008 and SEBI (Non-Convertible Redeemable Preference Shares) Regulations, 2013 and certain SEBI Circulars due to the COVID -19 virus pandemic
Informed Consent cum Undertaking Form by Hospitals:
Unfair Trade Practice
On 6th July 2020, the National Consumer Dispute Redressal Commission (“NCDRC”) passed an order that pre-printed and fixed “informed consent cum undertaking” form(s) being signed and obtained by hospitals from its patients amounts to unfair trade practice within the meaning of section 2(1 (r) of the Consumer Protection Act, 1986. This could have far reaching consequences in the manner of hospital treatment and care for patients. A look at the case:
Regional Trade Agreements
A Global Ray of Hope:
Compulsory Licensing of Patents during COVID-19
According to the World Trade Organization (WTO), compulsory licensing is a grant of license in which the Government of the sovereign allows someone else to produce a patented product or process without taking the consent of the patent-owner, or plans to use the patent-protection invention itself. Provisions pertaining to compulsory licensing between different nations are governed by WTO-agreement known as Trade-Related Aspects of Intellectual Property Rights(TRIPS). Generally, the patent-holder has the exclusive right over its invention and he has a negative ‘right to rem’ which means he has the right to exclude others from using his patented product.
The act of killing
One who makes, frames, executes, or ordains; as a “lawmaker” or the “maker”of a promissory note
Term has a meaning similar to “alimony” except that the award,settlement or agreement arises out of nonmarital relationship of parties.
Object of an action
Legal relief to prevent or redress the wrong. The thing sought to be obtained by the action; the remedy demanded or the relief or recovery sought or prayed for; not the same thing as the cause of action or the subject of the action.
COVID19: The Globetrotter
Government Bans 59 Chinese Apps
PM’s One Nation One Ration Card Policy
Barbados: Work for 12 Months Visa Stamp
This 2007 movie is a legal courtroom drama. Starring Academy winning actor Anthony Hopkins and actor Ryan Gosling, the movie deals with a wealthy Irishman Theodore “Ted” Crawford” (Hopkins) living in Los Angeles who comes to know that his wife is in an extra marital affair with a policeman. In a fit of rage, he shoots her and is sent to jail. Awaiting a trial, he realizes that District Attorney, William “Willy” Beechum (Gosling) will be the attorney prosecuting the case. Beechum considers it an open and shut case. In a surprise move, Crawford decides to act as his own defense attorney. It is a legal novice vs star attorney trial, Crawford manages to prove his innocence and is acquitted, until Beechum realizes the truth and sets out to prove it. Both Hopkins and Ryan Gosling received critical praise for their performance. Watch it.
by Patrick Hoffman (2020)
A mobile phone with “critical” documents is pickpocketed from junior lawyer of a New York Law firm. The documents could potentially bring down a prestigious bank in a major fraud case. The senior corporate lawyer Elizabeth Carlyle is assigned with this high-stake case, the law firm connects with an CIA officer Valencia Walker – a “fixer” relating to high profile clients. Mysteriously the phone retrieved. However, there is evidence that the copies of documents have changed hands and the person begins blackmailing the law firm. It is now up to Elizabeth and her team to ensure damage control while going into the murky invisible world of connections between corporations, governments and the rich. All this while keeping their hands clean. The third novel to be published of Patrick Hoffman, the investigator cum write based in Brooklyn, the novel is fast paced, tense and a must read.
All Rise (2019)
Currently in its second season, the legal court room drama series has had a 20 episode. It takes a look into the personal and professional lives of Judges, Public prosecutors, Defense attorneys in a Los Angeles Court. Far away from the general public perception of an ideal and high-status life, it is often chaotic and impossible. Each episode depicts all that it takes for them to uphold justice in an oft unreasonable legal system.