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The Law Tree

Edition 61

Monsoon has set in the Country and in the Parliament. The Indian government had a short yet tumultuous monsoon session of the Parliament. A slew of strategic legislations was passed with minimal members and maximum opposition. Monsoon or no monsoon, October signals the beginning of a range of festivities – Navratri/ Dussehra, Durga Puja and Diwali. Muted celebrations, but celebration nevertheless, to signify a new beginning, a life without Covid19.

Insights

The Labour Code: A Game Changer?

It is being touted as a “Game Changer” in compliance and enforcement of Labour laws in India. Of the 44 Central labour laws, 29 have been subsumed into 4 codes. 1,200 sections have been consolidated into 479 sections. A look at Labour Code 2020 that is intended to revolutionize the regulation of the labour of this country. Labour of Reforms.

What's Brewing

Crop Laws or Crop the Laws? 2020

It is raining laws in the monsoon session of the Parliament! While the Labour Code 2020 is still being dissected and debated / discussed, another trio of laws has caused a stir, literally.

Circulars & Notifications

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

Nil

Circulars

September 01, 2020
Review of debt and money market securities transactions disclosure

September 02, 2020
Disclosures on Margin obligations given by way of Pledge Re-pledge in the Depository System

September 02, 2020
Review of provision regarding segregation of portfolio due to the COVID – 19 Pandemic

September 07, 2020
Re-lodgement of Transfer Requests of shares

September 09, 2020
Operating Guidelines for Portfolio Managers in International Financial Services Centre

September 09, 2020
Automation of Continual Disclosures under Regulation 7(2) of SEBI (Prohibition of Insider Trading) Regulations, 2015 - System driven disclosures

September 11, 2020
Circular on Asset Allocation of Multi Cap Funds

September 15, 2020
Collection and Reporting of Margins by Trading Member (TM) / Clearing Member (CM) in Cash Segment – Clarification

September 16, 2020
Listing and trading of units of Infrastructure Investment Trusts (InvITs) and Real Estate Investment Trusts (REITs) on recognized stock exchanges in International Financial Services Centres (IFSC)

September 17, 2020
Circular on Mutual Funds

September 21, 2020
Alternate Risk Management Framework Applicable in case of Near Zero and Negative Prices

September 21, 2020
Write-off of shares held by FPIs

September 23, 2020
Circular on Resources for Trustees of Mutual Funds

September 23, 2020
System-Driven Disclosures (SDD) under SEBI (SAST) Regulations, 2011

September 23, 2020
Guidelines for Investment Advisers

September 28, 2020
Operating Guidelines for Investment Advisers in International Financial Services Centre (IFSC) – Amendments

September 28, 2020
Recovery of assets of defaulter member and recovery of funds from debit balance clients of defaulter member for meeting the obligations of clients / Stock Exchange / Clearing Corporation

September 28, 2020
Amendments to guidelines for preferential issue and institutional placement of units by a listed REIT

September 28, 2020
Amendments to guidelines for preferential issue and institutional placement of units by a listed InvIT

September 29, 2020
Relaxation with respect to Validity of SEBI Observations and Revision in issue size

The Verdict

Priority of IBC
over Arbitration Proceedings

Proceedings under IBC / liquidation cannot be side lined when there is an arbitration with the parties involved.

Go Figure

Copyrights and
Its Ever-growing Demand

All about the niche area of Copyrights and its ever-growing demand.
Lawtitude

The Civil Rights Pioneer:
Justice Ruth Bader Ginsburg

This section looks at a Law maker for a change. Justice Ruth Bader Ginsburg, a sitting United States Supreme Court Judge who recently passed away at 87. A pioneer in civil rights, gender equality and women’s rights. Legal illuminati.

Edge lease

One located on the edge of an oil bearing structure.

Hadd

In Hindu law, a boundary or limit. Statutory punishment defined by law, and not arbitrary.

Facultative compensation

That which operates by will of the parties, when one of them removes an obstacle preventing compensation, resulting from the dispositions of the law.

Gault, Application of

Landmark Supreme Court case guaranteeing to a defendant in a juvenile proceeding the right of confrontation , the privilege against self incrimination, prior notice of the complaint, and the right to counsel.

Infographic

Netting:
A Win-win Situation

The Bilateral netting of qualified financial contract Act 2020 is an act that allows for netting off amounts or obligations due between two contracting parties and enables make one single payment transaction. Intended to stabilize the financial health of the economy

Lawlipop

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

“I Beasy”

Centre extends suspension of proceedings under IBC by 3 months

“Edunations”

10 nations show willingness to implement the National Education Policy

(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

Saint Judy (2018)

Saint Judy is a biographical legal drama that showcases the life of Judith L Wood a.k.a Judy a real-life immigration lawyer. Judy is credited to have single handedly changed the (political) asylum laws in U.S to include women as a protected class of immigrants.

The reel life character Asefa unfolds the real-life case – Nasseri v. Moschorak, an Afghani teacher who fled with her family from her homeland Kabul to escape continued torture and abuse from rebel factionist groups. She landed in India only to be tracked and threatened there as well. Leaving her family behind in India she fled to the United States. She was detained by the Immigration and Naturalization Service (“Service”) when she attempted to enter the United States in June 1992 only to be turned down threatened to be deported. She filed a case in District Court seeking political asylum The DC turned down the plea for asylum on the ground that she was excludable from seeking political asylum under the Immigration and Nationality Act.     

Judy Wood argued in the Court of appeals against the Ruling of the District Court. Judy proved without ambiguity that Nasseri faced threat to life and safety if deported back to Kabul and hence argued that she be granted political asylum. Several undeniable documents and evidences were submitted in Court which proved this beyond reasonable doubt. Basis that the Court of Appeals overturned the ruling of the DC and allowed Nasseri to file a writ of Habeas Corpus to be granted Political asylum. Judy became a crusader for women immigrants and is revered by immigration lawyers the world over to have saved lakhs of female immigrants’ lives in the United States.

The movie poignantly depicts the struggle of the immigrant and the sheer dedication and focus of Judy Wood in bringing justice to women immigrants even at the cost of her personal life.

The movie received commercial and critical acclaim with the lead actor Michelle Monaghan being nominated for best performance in film festivals.

Book/Novel

Eyes of a Child
by Richard North Patterson (1995)

The Novel is from the house of Richard North Patterson, an attorney cum author and now political commentator. Patterson weaves a poignant yet disturbing legal thriller. Ricardo Arias and his wife Terri have had a bitter separation and an even uglier custody battle for their 6-year-old daughter Elena. When Ricardo is found dead, it is originally suspected to be suicide. But slowly all evidence point at possible murder by attorney cum political aspirant Christopher Paget. As the case unfolds, disturbing facts emerge – from a suspected affair between Paget and Terri to Paget’s son being a possible child molester. The novel slowly yet steadily unfolds dark secrets to finally find out the motive and the murderer. A thriller read……from the eyes of the child.

TV Series

How to Get Away With Murder (2014-2019)

The American legal thriller series that had a rum time of six years on prime time. The series revolves around Annalise Keating (Viola Davis) an attorney and Law professor at Philadelphia University. She hires five of her students to intern at her law firm. Annalise and her interns are accused of plotting to murder and kill her husband and his mistress. As FBI unravels such offences/ crimes they must use every tactic in the book to survive that will change their lives forever. Viola Davis had the distinction of being the first coloured woman to win a Primetime Emmy award for outstanding lead actor besides winning Screen Actors Guild Awards and nominations in Golden Globes and TV critics awards. Other cast members were nominated several times. A must watch.

It is the spirit and not the form of law that keep justice alive – Earl Warren

Readers' Corner

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