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The Law Tree

Edition 67

It is time to double (mask) up safety protocols and social distancing. Literally! With the second wave of Covid hitting India like a storm, all safety measures are being put back in place with reinforced vigour. With lockdown being viewed as the last option, it is up to each and every individual to self-regulate lest they end up being isolated.

Insights

Debt in Balance Sheet: Damocles Sword

In the April 2020 edition of the Law Tree, the decision passed in the case V. Padmakumar v. Stressed Assets Stabilisation Fund Company Appeal (AT) (Insolvency) No. 57 of 2020 was reported.

In the said case, a 5-member bench passed a majority 4:1 judgment that held that entries in balance sheet would not amount to acknowledgement of debt for the purpose of extending limitation under Section 18 of the Limitation Act.

What's Brewing

The DNA Technology (Use and Application) Regulation Bill 2019

Deoxyribonucleic Acid (“DNA”) is a chemical name of the molecule that carries genetic instructions in all living things. The DNA of each person is unique. As a result, DNA technology can be used to accurately establish the identity of a person. In criminal investigation, it is used as the ultimate test in confirming the identity of a person – offender and the victim.     

In July 2019, The DNA Technology (Use and Application) Regulation Bill – 2019 was introduced in the Lok Sabha. It was then referred to a Parliamentary standing committee for science & technology for its review and recommendations. Recently the standing committee submitted its comments / suggestions.  In this context, a look at the Bill.    

Circulars & Notifications

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

IBC Prevails Over SARFAESI

On 26th March 2021, the New Delhi bench of the National Company Law Appellate Tribunal (NCLAT) upheld NCLT (Hyderabad Bench – I) order which set aside a sale of the secured assets of the Corporate debtor under SRFAESI Act when the moratorium period under IBC was in existence. A look at the highlights of the case.

Go Figure

Offences Under Finance & Economic Acts in India:
It's Related Statistics

Take a deep dive into the statistics of offences on the host of laws and legislations under various Economic and Finance Acts. 
Lawtitude

Non-Fungible Tokens:
Redefining the sector of Digital Art through Blockchain Technology

With the incessant rise in the upliftment of Blockchain technology  (a digital ledger of transactions) and especially cryptocurrency, the market dynamics have become quite volatile. As more people are inquisitive to understand the fundamentals of cryptocurrency and are looking for options to invest in this field, the capital influx has hit an all-time high in quarter One of 2021.

Nonfeasance

The deficiency, failure or omission to do an act that should be done or specifically something that a person is under a responsibility or obligation to do.

Omission

An act that is ignored, left out, or left undone. Also denotes the act, fact or state of deserting something out or failing to do something specifically something which is necessitated by procedure, duty or law.

Malfeasance

The commission (as by a public official or a person in authority) of a wrongful, felonious or unlawful act that involves or affects the conduct/performance of a person’s duties/obligations.

Parole

A conditional release of a prisoner who has served a portion of a sentence. It is basically a permission for a prisoner to be released before their period in prison is completed with an agreement that the prisoner shall behave responsibly.

Infographic

The Old Instruments of Negotiation:
Negotiable Instruments Act

Negotiable Instruments are written was enacted in the British era in 1881 and since has been barely amended.

Lawlipop

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

Tax exemption continues

Salary of Indian workers in gulf continues to remain exempt from tax  

Relaxe(d)

CCD relaxes Covid-19 travel guidance for the fully vaccinated

(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

North Country (2005)

A fictionalized movie account based on the first, class action sexual harassment lawsuit in American History – Jenson Vs Eveleth Taconite Co.  

The movie stars Charlize Theron and a host of other talented actors. Josey Aimes (Theron) flees with her children from her abusive husband and goes to live with her parents. Her father does not approve of this straining their relationship. The relationship is strained further when Josey joins the same mining company where her father works. He believes that women cannot be in jobs which are more “appropriate” for men. This line of thought is adopted by most men working in the mine. As a result, women workers endure continuous harassment from male employees – hostile behaviour, abusive language, threats, intimidation, oral and physical harassment.      

At her wit’s end for being judged by her past by all males including her father, Josey decides to file a class action suit against the mining company regarding such harassment. Initially only one friend joins her. The lawyers hired by the mining company pull out every personal detail and information about these women. They argue that these women are resorting to “histrionics” and judge their character by highlighting the ‘promiscuous’ past behaviour. In Josey’s case, her first child was born out of wedlock to an unknown person and this information strains the relationship with her son as well.

The liability case filed in 1992 closes in 1996 with the defence lawyers offering compensation on an average of $ 10,000 to these women. However, an appeal was filed in 1996 against this and the case reopened. For a case that began in 1988, a new trial for liability compensation commenced in 1997. In 1998, just ahead of the trial, 15 women were compensated a whopping $ 3.5 million women who faced incessant harassment at workplace. A true story of triumph against gender bias nd sexual harassment. The movie was nominated in several categories for prestigious awards.

Book/Novel

True Intent
by Michael Stagg (2020)

The second in the series of legal thrillers, lawyer turned author Michael Stagg narrates his 25 years of trial experience through the fictional lawyer Nate shepherd.

Liselle Vila goes on a date with a middle-aged billionaire businessman and his family to a wedding reception. At the reception, the businessman suddenly dies. The family is quick to accuse Liselle of the death. They use their wealth and might in proving Liselle as the accused. Trial lawyer Nate Shepherd is called in to defend Liselle. While he is convinced of her innocence, he discovers a sinister past that threatens to destroy Liselle and her life. A very gripping trial court drama.

TV Series

Raising the Bar (2008-09)

An American legal courtroom drama which aired 35 episodes over 2 seasons, the series portrays a group of law school classmates who are on opposite sides of the courtroom. While one is a do gooder, keen on defending the helpless, the other is a go getter aspiring to becoming a top-notch lawyer. The third is a lead public prosecutor with just the right qualities of smartness and ruthlessness. Despite their varying aspirations, they remain good friends off the courtroom evening getting romantically involved.

Laws, like houses, lean on one another – Edmund Burke

Readers' Corner

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