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Edition 90 • March 2023

Hues of Colour

Summer has set in bringing an array of colour – from earthy brown to bright blue and delicate crimson, pink. Summer or winter, the economy deals with hues of another kind – black money being converted into white and everything in between. In a bid to tighten the noose on money laundering, the Finance ministry recently amended the rules to Prevention of Money Laundering Act (PMLA). An Insight into the same.

Insights

Prevention of Money Laundering Act: Separating the Black From White

The recent amendments to the Prevention of Money Laundering (Maintenance of Records) Rules 2023 indicate the government’s seriousness in tackling black money in the economy.

Insights

Digital Copyright Law

The subject of law is a topic that is ever evolving since it is a response to social problems, which change through time. Technology is one such sector where the law needs to be updated frequently. Technology is one of the most amazing gifts that the human mind has given to the human race, and digital technology is the most recent development that is being made on a global basis.

Tête-à-tête

Passive euthanasia continues to remain a moral and legal issue in the society.

What's Brewing

Crypto Under PMLA

Several transactions of involving crypto currencies have been brought under the ambit of the Prevention of Money Laundering Act (PMLA) to protect investors from the pitfalls of the highly volatile virtual currency.

Circulars & Notifications

The latest set of circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.

Circulars

Nil

 

Notifications

Nil

Circulars

Nil

 

Notifications

3rd February 2023
Implementation of Section 51A of UAPA,1967: Updates to UNSC’s 1267/ 1989 ISIL (Da'esh) & Al-Qaida Sanctions List (Amendments to 29 entries)

8th February 2023
Standing Liquidity Facility for Primary Dealers

8th February 2023
Change in Bank Rate

8th February 2023
Liquidity Adjustment Facility - Change in rates

10th February 2023
Issuance of PPIs to Foreign Nationals / Non-Resident Indians (NRIs) visiting India

13th February 2023
Formation of new district in the State of Sikkim – Assignment of Lead Bank Responsibility

16th February 2023
Introduction of Foreign Contribution (Regulation) Act (FCRA) related transaction code in NEFT and RTGS Systems

16th February 2023
Exim Bank’s GOI-supported Line of Credit (LOC) for USD 100 million to the Government of the Republic of Maldives (GO-MDV), for financing new developmental projects and to meet spill over costs from developmental projects in Maldives already included under

17th February 2023
Governance, measurement and management of Interest Rate Risk in Banking Book

20th February 2023
Reserve Bank of India (Financial Statements - Presentation and Disclosures) Directions, 2021 – Disclosures for State Co-operative Banks and Central Co-operative Banks

20th February 2023
Implementation of Indian Accounting Standards (Ind AS)

28th February 2023
Designation of 1 individual and 2 organisations under Section 35(1) (a) and 2(1) (m) of the Unlawful Activities (Prevention) Act, 1967 and their listing in the Fourth and First Schedule of the Act- Reg.

Circulars

1st February 2023
Changes to the Framework to Enable Verification of Upfront Collection of Margins from Clients in Cash and Derivatives segments

1st February 2023
Transaction in Corporate Bonds through Request for Quote (RFQ) platform by Alternative Investment Funds (AIFs)

3rd February 2023
Amendments to Operational Circular for Credit Rating Agencies

3rd February 2023
Manner of achieving minimum public shareholding

3rd February 2023
Updated Operational Circular for Credit Rating Agencies

3rd February 2023
Dos and don’ts relating to green debt securities to avoid occurrences of greenwashing

3rd February 2023
Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) /Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under (Master Circular)

6th February 2023
Revised Disclosure Requirements for Issuance and Listing of Green Debt Securities

6th February 2023
Enhanced obligations and responsibilities on Qualified Stock Brokers (QSBs)

7th February 2023
Grant of extension of time to entities operating/ desirous of operating as Online Bond Platform Providers (OBPPs) for making an application to obtain certificate of registration as a stock broker under the Securities and Exchange Board of India (Stock Bro

8th February 2023
Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI in Securities Market as sub-KUA

8th February 2023
Clarification w.r.t. issuance and listing of perpetual debt instruments, perpetual non-cumulative preference shares and similar instruments under Chapter V of the SEBI (Issue and Listing of Non-convertible Securities) Regulations, 2021

9th February 2023
Clarification in respect of the compliance by the first-time issuers of debt securities under SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021 with Regulation 23(6)

15th February 2023
Introduction of Issue Summary Document (ISD) and dissemination of issue advertisements

15th February 2023
Maintenance of a website by stock brokers and depository participants

16th February 2023
Master Circular for Substantial Acquisition of Shares and Takeovers

22nd February 2023
Advisory for SEBI Regulated Entities (REs) regarding Cybersecurity best practices

 

Notifications

Nil

Circulars

Nil

 

Notifications

Nil

Circulars
Nil

 

Notifications
Nil

Circulars

7th February 2023
03/2023 - Amendment in Circular No. 29/2020-Customs dated 22.06.2020 for allowing transhipment of Bangladesh export cargo to third countries through Delhi Air Cargonotifications related thereto with reference to appointment of officers of customs and assignment of functions - reg.

21st February 2023
04/2023 - Amendment in Circular No. 25/2016-Customs dated 08.06.2016 for including details of Ex-bond Bill of Entry/Shipping Bill in Form A -reg.

21st February 2023
05/2023 - Amendment in Circular No. 26/2016-Customs dated 09.06.2016-reg.

 

Notifications
A. Tariff
7th February 2023
Corrigendum - corrigendum to notification No. 02/2023-Customs (tariff), dated 1st February,2023

1st February 2023
02/2023-Customs - Seeks to further amend notification No. 50/2017-Customs, dated the 30th June, 2017, so as to revise/provide exemption(s) on the specified goods.

1st February 2023
03/2023-Customs - Seeks to further amend notification No. 11/2021-Customs dated 1st February 2021, so as to levy/exempt Agriculture and Infrastructure Development Cess (AIDC) on certain items.

1st February 2023
04/2023-Customs - Seeks to further amend notification No. 11/2018-Customs, dated 2nd February, 2018, to revise/provide Social Welfare Surcharge (SWS) exemption(s) on specified goods.

1st February 2023
05/2023-Customs - Seeks to rescind notification Nos. 13/2021-Customs and 34/2022-Customs, related to Social Welfare Surcharge (SWS).

1st February 2023
06/2023-Customs - Seeks to further amend notification Nos. 25/1999-Customs, 25/2002-Customs and 57/2017-Customs related to certain electronic items.

1st February 2023
07/2023-Customs - Seeks to further amend notification No. 230/86-Customs related to Project Import Regulations.

1st February 2023
08/2023-Customs - Seeks to further amend notification No. 22/2022-Customs regarding India-UAE Comprehensive Economic Partnership Agreement.

1st February 2023
09/2023-Customs - Seeks to further amend notification No. 57/2000-Customs which exempts gold, silver and platinum imported under specified schemes.

1st February 2023
10/2023-Customs - Seeks to further amend notification No. 146/94-Customs, dated the 13th July, 1994 to extend the exemption benefit to Warm blood horse for equestrian sports and extend the validity of said notification up to the 31st March, 2028.

1st February 2023
11/2023-Customs - Seeks to amend the notification Nos. 90/2009-Customs, dated the 7th September, 2009, 33/2017-Customs, dated the 30th June, 2017, and 41/2017-Customs, dated the 30th June, 2017 to extend the validity of said notifications up to the 31st March, 2028.

1st February 2023
12/2023-Customs - Seeks to amend 32 notifications in order to provide a specific end date for these notifications.

23rd February 2023
13/2023-Customs - Seeks to exempt BCD on ships/ vessels for breaking up.

28th February 2023
14/2023-Customs - Seeks to amend notification no. 104/94-Customs, dated 16.03.1994

 

B. Non-Tariff

2nd February 2023
08/2023-Customs (NT) - Exchange rate Notification No. 08/2023-Cus (NT) dated 02.02.2023-reg

15th February 2023
09/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

16th February 2023
10/2023 Customs (NT) - Exchange rate Notification No. 10/2023-Cus (NT) dated 16.02.2023-reg.

28th February 2023
11/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver-regarding.

The Verdict

Authorized Signatory not ‘Drawer’

While passing a consolidated judgment on a batch of cases with common issues, the Bombay High Court decided on important questions of law. A look at the highlights of the case.

Go Figure

Statistics Related to International Migrants in the World

In 2022 there were an estimated 281 million international migrants the world over. Go figure the concerning statistics which is steadily increasing.
Lawtitude

Critical Analysis of the UK’s New Illegal Migration Bill

UK recently passed a Bill – the illegal migration Bill that focuses on removing persons who have entered violating immigration laws of the country. 

Litigant

Refers to an active party to litigation

Outlaw

A person excluded from the benefit or protection of the law

Nonprobate

Something not involving or involved in a probate proceeding

Mistrial

A trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury

Infographic

The Major Ports & Their Checkpoints

The Major Port Authorities Act, 2021 regulates the operation and planning of Major Ports in India. Major Port authorities are vested with powers of administration, control, and management of such ports upon the Boards of Major Port Authorities.

Lawlipop

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

Soaring high

First woman to command a combat unit in IAF 

Double trouble

Fine imposed on petitioners for repeated litigation

(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

Monster (2018)

Adapted from the novel “All rise”, the movie deals with the life of Steve Harmon an affable 17-year-old film school student who is dedicated and determined to make it big despite being in Harlem. His life topples one day when is arrested for felony murder. The challenges he goes through in proving his innocence given his ethnicity and the prejudice even in legal corridors forms the rest of the story.

Book/Novel

A Murder on Malabar Hill by Sujatha Massey (2018)

The protagonist of this novel Perveen Mistry is based on the Cornelia Sorabji, the first woman solicitor in British empire and Mithan Tata Lam, the first woman barrister of India.

In 1921, when Perveen joins her father’s illustrious law firm in Bombay, she seeks to protect and uphold women’s rights. So when their law firm is appointed to execute the will of a wealthy businessman, Perveen suspects that his three wives may cleverly be left out of it and inherit nothing. Slowly, Perveen realizes that all is not well with the women. She begins to investigate and unravels murderous threat involving her as well. A thrilling read.

TV Series

One Dollar Lawyer (Korean) (2022)

Streaming on Netflix, this legal series centres around the multifaceted and brilliant lawyer Cheon Ji Hun who fights against some of the wealthiest and affluent lawyers and their clients but charges only one dollar as his fee.  

Success is Stumbling from Failure to Failure with no Loss of Enthusiasm - Winston Churchill

Readers' Corner

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