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The Law Tree

It is Edition 60!

Even as India is the world's second worst affected COVID hit country, India has officially overtaken the USA and other countries to record the highest number of COVID recoveries in the world. Heart warming. Something to look forward to. Just like The Law Tree Edition 60!

Insights

Deposits In Start Ups

On 7th September 2020, the Ministry of Corporate Affairs (MCA) notified the Companies (Acceptance of Deposits) Amendment Rules, 2020.

A look at the background to enable better understanding of the amendment to deposit rules.

Insights

Kesavananda Bharati V. Union of India - A Case that India Cannot Forget

His Holiness Shri Kesavananda Bharati Sripadagalvaru attained jeeva samadhi at the age of 80. He was an Indian monk who served as the head seer of the ‘Edneer Mutt’ in Kasaragod district of Kerala since the year 1961. We revisit the landmark “fundamental rights under the Constitution” case also known as Kesavananda Bharathi case which was initiated by the seer way back in 1973.

What's Brewing

Bills 2020: Laws in Quarantimes

The Parliament last met in March 2020 before it shut down abruptly when the Covid 19 pandemic gripped India. Six months later, the monsoon session of the Parliament commenced on 14th September 2020. Unprecedented safety and social distancing measures have been put in place in both houses of the Parliament. With the entire monsoon session limited to 18 days, a host of legislations and pending Bills are proposed to be introduced, discussed, and passed to become Laws.

Circulars & Notifications

Learn about this month’s circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.
The Verdict

Mandatory Submission of Financial Creditors’ Details from Information Utility as Pre-condition
to Filing Under IBC is Ultra Vires

On 12 th May 2020, the Principal bench of the National Company Law Tribunal (NCLT) in New Delhi passed an order relating to submission of financial information by creditors. The order made it mandatory for all financial creditors to submit financial information from the Information Utility as a pre-condition to file an application under section 7 of the Insolvency and Bankruptcy Code 2016 (IBC). Further the order was made retrospective for all pending applications under 7 of the IBC filed before various benches of NCLT prior to final hearing of such applications. The petitioners have filed this writ petition under Article 226 of the Constitution of India challenging the order passed on 12th May 2020.

Go Figure

Industrial Designs:
Global Statistics

There is an industrial design application for practically everything – from scooters and cameras to kitchen knives and wheelchair. A look at the country wise numbers for such industrial applications and comparison with Indian scenario.
Lawtitude

Violation of Human Rights
In the AI Spectrum

Algorithms, Gait analysis, Facial-recognition systems, biometrics and so much more are merely examples of products developed by Artificial intelligence (AI). This is a branch of computer science that is concerned with building smart machines that are capable of performing tasks that typically require human intelligence. Worldwide, 32% of the countries are solely relying while 41% of the countries are almost relying on the use of Artificial Intelligence.

Ab invito

Unwillingly. Against one’s will. By or from an unwilling party

Darraing

To clear a legal account; to answer an accusation; to settle a controversy

Cambium

In the civil law, change or exchange. A term applied indifferently to the exchange of land, money or debts

Balloon mortgage

A mortage providing for specific payments at stated regular intervals, with the final payment considerably more that any of the periodic payments

Infographic

Wait…
Is the Deposit Scheme Regulated?

This infographic deals with deposits of another kind – the unregulated deposits on which the government seeks a ban.

Lawlipop

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

Cost of “Contempt”?!

Prashanth Bhushan fine ₹1 for contempt of Court

Eligibility for HC Judge: Judicial service to precede experience as advocate

Serving judicial officers cannot club their previous experience as lawyers for elevation as HC Judges

(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

Denial (2016)

A British-American biographical film, Denial is based entirely on the landmark UK case Irving Vs Penguin Books Ltd. & Deborah Lipstadt in 1996.
Rachel Weisz skilfully portrays the role of Deborah Lipstadt -a professor of Holocaust studies and author of several books on Holocaust. One of her famous books – History on Trial: My Day in Court with a Holocaust Denier.

David Irving (played by Timothy Spall) a writer on Nazi regime in Germany files a libel lawsuit in the United Kingdom (UK) against Deborah Lipstdat and the publisher Penguin Books Ltd for declaring him a Holocaust denier in the book.

Now, any written statement that is published and damages reputation of a person is called libel. It is a written defamation. In the UK, as per law, the onus of proving a libel (or otherwise) is on the person(s) accused of libel.

The movie focuses on how Lipstdat and her illustrious legal team prepare and approach the case with sound research on facts. In the process they enlist the professional help of reputed historians and authorities on Holocaust and the Nazi Germany to prove their stand. They face David Irving, arguing his own case. Irving tries to tweak the facts presented in Court. The trial itself is a court trial and not trial by a jury. Lipstadt’s legal team risks in focusing only on Irving and his testimony, disregarding offers from Holocaust survivors to testify as witnesses.

At the height of the trial, the statement of Irving “No Holes, No Holocaust” dominated the news headlines when he testified that there were no holes in the chambers to gas the victims to death. How Lipstadt’s lawyer skilfully cross examines Irving and proves his theories as absurd forms the rest of the story. The movie won the best film award at the British Film awards in 2017. A true story. A must watch for those interested in history and the inexplicable / unjustifiable Holocaust horror.

Book/Novel

A Pitch for Justice
by Harold Kasselman (2012)

Authored by Harold Kasselman, a Lawyer born and raised in Philadelphia and self-confessed Phillies baseball team fan, this is Kasselman’s maiden novel. He has skilfully combined sports and law into this story.

It is a high adrenaline baseball match between the Phillies (Philadelphia) and the Mets (New York). When Phillies rookie pitcher Tim Charles throws a ball against a Mets player, the serious injury becomes fatal as the player dies. What is believed to be a tragic outcome of a harmless game escalates into an unprecedented legal sports courtroom drama as Tim Charles is accused of homicide with a deliberate intention to kill. Read on as the trial alters the very nature of the baseball game and introduces accountability of action in a rugged sport.  The novel was appreciated for its unique blend of sports and law to bring out some lines that cannot be crossed in sport.

TV Series

Suits (2011-2019)

An American legal drama series with run time of almost 9 years, Suits is based on a fictional Law firm in New York. The centring theme is on college dropouts who join this prestigious firm. Nevertheless, they work with all their sincerity and might with their bosses despite not knowing anything about law. In each episode the boss and the juniors crack cases successfully while keeping their (non) legal background under wraps. The series was critically and commercially successful besides earning their cast several award nominations. It is now available on various streaming platforms.

If you want to live a happy life, tie it to a goal, not to people or things - Albert Einstein

Readers' Corner

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