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.
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.
A monthly update of the most significant cases on insolvency and bankruptcy and its resolution
C&S Electric Ltd. v. Unilec Engineers Ltd. 1340 / 2018
Corporate Insolvency Resolution Process initiated
Kedari Food Exports India Private Limited v. Crystal Sea Foods Private Limited 153/9 / 2019
Application was admitted
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
September 05, 2020
Long Form Audit Report (LFAR) – Review
September 07, 2020
Resolution Framework for COVID-19-related Stress – Financial Parameters
September 11, 2020
Compliance functions in banks and Role of Chief Compliance Officer (CCO)
September 25, 2020
Positive Pay System for Cheque Truncation System
September 01, 2020
Review of debt and money market securities transactions disclosure
September 07, 2020
Re-lodgement of Transfer Requests of shares
September 11, 2020
Circular on Asset Allocation of Multi Cap Funds
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
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
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 24, 2020
Notification under section 10A of the Insolvency and Bankruptcy Code, 2016
Priority of IBC
over Arbitration Proceedings
Proceedings under IBC / liquidation cannot be side lined when there is an arbitration with the parties involved.
Apex Rulings look at other Supreme Court Judgments that have profound bearing on the society.
New India Assurance Company Limited vs. Somwati
Civil appeal NO. 3093 of 2020 arising out of S.L.P. (C) No. 23478 of 2019
Government of India Vs. Vedanta Ltd. (Formerly Cairn India Ltd.)
Civil appeal No. 3185 of 2020 arising out of S.L.P. (Civil) No. 7172 of 2020
Its Ever-growing Demand
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.
One located on the edge of an oil bearing structure.
In Hindu law, a boundary or limit. Statutory punishment defined by law, and not arbitrary.
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.
A Win-win Situation
Centre extends suspension of proceedings under IBC by 3 months
10 nations show willingness to implement the National Education Policy
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.
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.
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.