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Edition 71 • August 2021

Triumph in Tribulation

We have reason to celebrate! India did great at Tokyo Olympics 2020 held in 2021. We won a total of 7 medals, making it India’s best performance in Olympics till date. We join the nation in celebrating our sportsmen who have beaten all odds to emerge victorious. We also celebrate the 75th year of Indian independence. Freedom which is as vital as the air we breathe. It is with the sense of pride and gratitude that we bring to you this edition of The Law Tree.

Covid Combat

Busting Covid Myths

Myth #1

Covid vaccine causes infertility in men and women. Covid vaccines should not be taken during a women’s menstrual cycle, (OR) it will weaken the immunity of menstruating women   

Science:

There is no vaccine that has been developed that causes infertility or affects the immunity of menstruating women.   

Myth #2

Covid vaccines alter the human DNA

Science:

Experts at the World Health Organization (WHO) have expressly stated generally vaccines are generally developed in such a way that a small part of the germ / virus is injected into the human body and the body will learn to build immunity against the vaccine. With reference to Covid / mRNA vaccines, they are developed where in the vaccines instruct the   human body to make the tiny germ / virus and then let the body’s natural immune system to respond. There is no way a human DNA can be altered.

Myth #3

Consuming lot of alcohol will sanitize and disinfect the body from Covid19 

Science:

Since the advent of Covid19, we have been advised time and again to sanitize hands with a disinfectant which contains certain percentage of alcohol. The hydroalcoholic gel is much more concentrated and hence available only for external application for hand sanitizing. That alcohol cannot be used for drinking.          

Myth #4

Covid 19 can be prevented by injecting or consuming or bathing in bleach

Science: 

Bleach, soap water, disinfectant alcohol is highly concentrated and can be used only for external surface cleaning. At best they can be used to sanitize hands. They can NEVER be used for internal human consumption as it could prove fatal. 

Myth #5

Covid19 affects only rich people

Science:

Anyone can get Covid19.  Those who display symptoms of the virus. It has nothing to do with economic status or age or race or gender to which people belong to.

This myth probably originated due to initial Covid19 cases being detected in international travellers on flights and luxury cruise ships.

Myth #6

People having certain blood groups are less prone to Covid19 infection

Science:

No research has thrown up this finding of certain blood types being less or more prone to Covid19 than other blood types.   

Myth #7

Taking Covid19 vaccines will increase a person’s magnetic powers implying the vaccines contain magnetic ingredients

Science:

Experts have debunked the theory as bizarre. None of the vaccines have any magnetic ingredients. They are developed like any other normal viral vaccine.    

Myth #8

Hot weather ensures protection from novel coronavirus

Science:

Covid19 virus is transmits in ALL areas including those with hot and humid places like India. Irrespective of climate, protective measures have to be taken.     

** These myths are not exclusive to India and are prevalent the world over. These myths have been debunked by leading doctors and medical experts including from the World Health Organization (WHO). 

Insights

Nullification of Retrospective Tax Laws

On 5th August 2021, the finance minister introduced the Tax Amendment Bill 2021 in the Parliament. The most significant amendment in the Bill is to nullify / invalidate the retrospective taxability of transactions.

The government has stated that no further orders shall be passed on retrospective basis. Further it has expressly clarified that even previous orders passed on retrospective basis shall be nullified. Such retrospective orders passed in the past shall be invalidated.

An insight into events that prompted this amendment.   

What's Brewing

Deposit Insurance and Credit Guarantee (Amendment) Bill 2021

The Deposit Insurance and Credit Guarantee Corporation (DICGC) Act was enacted in 1961 to establish a Corporation to provide insurance to citizens for their bank deposits and guaranteeing credit facilities given by banks and financial institutions.  The objective of the Act is to provide time bound access to their deposits in case they face any restrictions from accessing such deposits.

Circulars & Notifications

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

Circulars

July 07, 2021
Filling up of post of Assistant, on deputation basis, in different National Company Law Tribunal (NCLT) Benches

July 07, 2021
Publication of notice u/s 75 of the LLP Act, 2008 read with sub Rule 1(b) read with Rules 37(2)

July 08, 2021
Filling up the posts of Registrar, National Company Law Tribunal (NCLT), New Delhi on deputation basis

July 19, 2021
Publication of notice u/s 75 of the LLP Act, 2008 read with sub Rule 1(b) read with Rules 37(2)

July 20, 2021
Advertisement of Invitation of Claims Notice in the matter of M/s. KMMI Ispat Private Limited (In Liquidation) in Co.P.No. 27/2013

July 20, 2021
Invitation of Claims - in the matter of M/s. Vajra Cements & Minerals Private Limited (in liquidation) (Formerly known as Rahyan Minerals Pvt Ltd) issued by the OL Bengaluru

July 23, 2021
Public Notice u/s. 75 of the LLP Act, 2008 read with Rule 37(2) of LLP Rules, 2009 - (ROC-Cuttack)

July 27, 2021
Filling up the posts of Programmer, National Company Law Tribunal (NCLT), New Delhi on deputation basis

July 27, 2021
Filling up the posts of Senior Legal Assistant (SLA) on deputation basis in different National Company Law Tribunal (NCLT) Benches

July 27, 2021
Filling up the posts of Private Secretary on deputation basis in different National Company Law Tribunal (NCLT) Benches

July 30, 2021
Public Notice under Section 75 of the LLP Act, 2008 read with Rule 37(2) of the LLP Rules, 2009

July 30, 2021
Clarification on spending of CSR funds for COVID-19 vaccination - reg.

Circulars

July 05, 2021
Issue of No Objection Certificate for release of 1% of Issue amount

July 05, 2021
Standard Operating Procedure for handling of technical glitches by Market Infrastructure Institutions (MIIs) and payment of “Financial Disincentives” thereof

July 06, 2021
Standard Operating Procedure for listed subsidiary company desirous of getting delisted through a Scheme of Arrangement wherein the listed parent holding company and the listed subsidiary are in the same line of business

July 08, 2021
Review of Advance Intimation timelines for modifications in the contract specifications of commodity derivative contracts

July 09, 2021
Valuation of securities with multiple put options present ab-initio

July 16, 2021
Block Mechanism in demat account of clients undertaking sale transactions

July 16, 2021
Introduction of Expected Loss (EL) based Rating Scale and Standardization of Rating Scales Used by Credit Rating Agencies

July 20, 2021
Segregation and Monitoring of Collateral at Client Level

July 20, 2021
Relaxation in timelines for compliance with regulatory requirements by Debenture Trustees due to Covid-19

July 22, 2021
Continuous disclosures in compliances by InvITs – Amendments

July 22, 2021
Continuous disclosures in compliances by REITs – Amendments

July 23, 2021
Nomination for Eligible Trading and Demat Accounts

July 23, 2021
Extension of time for holding the Annual General Meeting (AGM) by top 100 listed entities by market capitalization

July 23, 2021
Circular on Timelines related to processing of scheme related applications filed by AMCs

July 26, 2021
Circular on RTA inter-operable Platform for enhancing investors’ experience in Mutual Fund transactions / service requests

July 30, 2021
Relaxation in timelines for compliance with regulatory requirements

July 30, 2021
Deployment of unclaimed redemption and dividend amounts and Instant Access Facility in Overnight Funds

July 30, 2021
Circular on Intra-day Net Asset Value (NAV) for transactions in units of Exchange Traded Funds directly with Asset Management Companies

Notifications

Nil

Tariff Notifications

July 12, 2021
Seeks to exempt basic customs duty on imports of specified API/ excipients for Amphotericin B and raw materials for manufacturing COVID test kits, till specified period

July 19, 2021
Seeks to amend notification No. 45/2017-Customs dated 30th June, 2017, to clarify leviability of IGST, on recommendation of the GST Council.

July 19, 2021
Seeks to amend notification No. 46/2017-Customs dated 30th June, 2017, to clarify leviability of IGST, on recommendation of the GST Council.

July 26, 2021
Seeks to amend notification No. 50/2017-Cus dated 30.06.2017 to reduce the basic customs duty from 10% to Nil on Lentils (Masur) [HS 0713 40 00] and to amend notification No. 11/2021-Cus dated 1.02.21 to reduce the Agriculture Infrastructure Development Cess on Lentils (Masur) [HS 0713 40 00] from 20% to 10%.

Non – Tariff Notifications

July 01, 2021
Exchange rate Notification No.57/2021-Cus (NT) dated 01.07.2021.

July 01, 2021
Notification under sub-section (2) of Section 151B of the Customs Act, 1962 to notify Agreements or Arrangements on 'Cooperation and Mutual Administrative Assistance (CMAA) in Customs matters' of India with other countries.

July 15, 2021
Exchange rates Notification No.59/2021-Cus (NT) dated 15.07.2021

July 15, 2021
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg

July 23, 2021
Seeks to amend Sea Cargo Manifest and Transhipment Regulations 2018.

July 23, 2021
Seeks to amend Customs Brokers Licensing Regulations, 2018.

July 30, 2021
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg

July 30, 2021
Seeks to amend Sea Cargo Manifest and Transhipment Regulations 2018.

Anti-Dumping Duty Notifications

July 31, 2021
Seeks to further amend notification No. 23/2016-Customs (ADD) dated 6th June, 2016 to extend the levy of Anti-Dumping duty on Polytetrafluoroethylene originating in or exported from Russia, up to and inclusive of 30th November, 2021.

Circulars

July 01, 2021
Online filing of AEO T2 & T3 application - Circular 13/2021 customs dt 01.07.2021

July 07, 2021
Improvements in Faceless Assessment - Measures for expediting Customs clearances - reg.

July 15, 2021
Implementation of RMS for processing of Duty Drawback claims

July 19, 2021
Clarification regarding applicability of IGST on repair cost, insurance and freight, on goods re-imported after being exported for repairs, on the recommendations of the GST Council made in its 43rd meeting – reg.

July 23, 2021
Efforts required to Reduce the compliance burden for citizens and business activities

July 31, 2021
Amendment in AEO Programme: Auto-Renewal of AEO-T1 validity for continuous certification based on continuous compliance monitoring- regarding (Circular No. 18/2021 dated 31.07.2021)

The Verdict

Promises by CM Enforceable

On 22nd July 2021, the High Court of Delhi ruled that a promise, assurance or representation given by Chief Minister (CM) of a State amounts to an enforceable promise and the same has to be implemented by the government. A look at the facts, issues and the judgment which has a bearing on the functioning of government/ authorities.

Go Figure

Statutory Corporate Rates of Tax Around the Globe

Did you know the statutory corporate rates of tax around the globe? Go Figure the countries with the highest and least rate of tax.
Lawtitude

Amazon and Anti-Competitive Practices Across The World

In the world of surveillance capitalism, it’s a fact that when you enjoy something for free, in that case, you are yourself the product for the company. Certainly, this is proved to be correct in the current time where due to over-dependence on internet, our most of the activities have catalyzed from traditional mode to online mode and therefore, the online or virtual market is flourishing resulting in big companies dominantly abusing its position. One such titan present here is Amazon which has approximately a value of $1.7 trillion and has time and again been accused of using its dominant position in the market. 

Ore Tenus

Made or presented orally

Peremptory

Permitting no dispute, alternative, or delay

Nuisance

An act or practice that causes interference with another's rights or interests (like the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful

Malice

The intention, desire or will to cause harm (for example death, bodily injury, or property damage) to another through an unlawful or wrongful act without any justification , reason or excuse

Infographic

Allied and Healthcare Professions: The Newly Regulated Career

The infographics depict the crucial Allied and healthcare professionals Act 2021 which was introduced in 2021 to regulate and protect interests professional allied to the medical profession. 

Lawlipop

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

Tokyo Olympics 2020

India re-writes history

Virtual Mode for Real Justice

CJI on resumption of physical hearings in Courts

(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

Conviction (2010)

Betty Anne Water (Hillary Swank) and Kenneth Water (Sam Rockwell) are close knit siblings. Having grown up in a broken family, they cling to each other through thick and thin. Though Kenneth is a known troublemaker in the Massachusetts neighbourhood they live in, Betty supports him. Kenneth is taken in by the police for the murder of a neighbour and let off after questioning. Three years later, he is arrested for the same charge. Based on a shoddy blood sample and a hasty trial, he is imprisoned for life without parole. Betty realises Kenny is not eligible for any further legal help from the government. They cannot afford a private lawyer. As a result, Betty decides to study law and help her brother who has been wrongfully convicted. Though a long-drawn process, Betty takes the challenge head on and becomes a lawyer at the cost of separating from her husband and through financial stress. After 18 long years and with the help of a lawyer friend, Betty is able to establish that the DNA in the blood sample was not Kenneth’s. The investigation was marred by wrong testimony of witnesses who were coerced to lie by the investigation cop in charge. As a result, Kenneth walks free. An emotionally legal movie.

Book/Novel

Juror No.3 (2021)

The latest novel from award winning author philanthropist James Patterson revolves around twin murders in a Mississippi town which is presumed racially motivated. When a young woman from an upper crust family is murdered, the elite are up in arms. Ruby Bozarth is a lawyer new to Mississippi, its elite society and legal club. Young and inexperienced, Ruby is assigned to defend the case of the college football star who is accused of murder. When a second murder occurs, Ruby is convinced both murders are interrelated and thus begins investigating them trusting no one in the process as everyone is divided deep down by colour. Her findings rattle entire Mississippi.

TV Series

When They See Us (2019)

Based on a true story of Central Park Jogger’s case in New York, this was a miniseries streamed on Netflix.    

In April 1989, a group of young African American / Hispanic Americans were running amok destroying property and harassing, robbing and beating up joggers and others in and around Central Park, New York. A young (white) woman who was jogging was found around midnight – sexually assaulted and severally beaten up almost to death. This led to the immediate arrest of juvenile boys of colour. The boys were swiftly convicted and imprisoned from 5 years to 15 years. They were forced to confess to the crime. This led to widespread outrage as a blatant case of racial discrimination. In jail one of the convicted boys encountered another prison inmate Matias Reyes, a serial rapist and murderer. It was in 2002 that he when met Reyes again, that Reyes decided to confess. Out of jail when the Jogger’s Park incident occurred, Reyes was the sole perpetrator of the assault and rape on the woman jogger. He took advantage of the group roaming around the park and committed the crime. His chance encounters with one of the convicted boys made him feel guilty and confess. As a result, the conviction / imprisonment of the five young men were vacated. In 2003, they file a case against New York and were awarded millions of dollars in settlement.      

A hard-hitting miniseries which received critical acclaim and several prestigious awards.    

It is impossible for us to break the law. We can only break ourselves against the law - Cecil B DeMille

Readers' Corner

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