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Edition 94 • July 2023

Soft Landing

A near “all women” show, with a team of 53 brilliant women scientists and “Vyommitra” a female looking humanoid robot on board the satellite, India is hoping for lady luck to favour in launching Chandrayaan 3. Physical modifications and amendments were carried out before launching Chandrayaan 3. Similarly, amendments/ modifications have been carried out by SEBI to its listing and disclosure requirements for better regulation and control of listed entities on stock exchanges.

Insights

SEBI (LODR) Amendments 2023

Recently, the Securities and Exchange Board of India (“SEBI”) announced amendments to the Listing obligations and Disclosure Requirements (“LODR”). An insight into the same.

Insights

Impact of Commercialization of Artificial Intelligence on Intellectual Property Rights

The quantum of data produced by the human mind and automated systems far surpasses the human capacity to comprehend, analyze and make intricate decisions using that data. However, Artificial Intelligence (AI) has no trouble in processing this large chunk of data and perhaps represents the future of intricate decision-making processes.

Tête-à-tête

Sandhya and Subathra engage in a Tete a Tete on sedition – a controversial law that has existed since 1870.

What's Brewing

Aircraft Bill 2023

Recently, the Ministry of civil aviation invited comments from stakeholders and public on the proposed Aircraft Bill 2023. A look at the salient features of the proposed Bill.  

Circulars & Notifications

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

Circulars

Nil

 

Notifications

Nil

Circulars

1st June 2023
Master Circular on Electronic Gold Receipts (EGR)

2nd June 2023
Transactions in corporate bonds through Request for Quote platform by Stock Brokers (SBs)

8th June 2023

Online processing of investor service requests and complaints by RTAs

8th June 2023
Participation of Mutual funds in repo transactions on Corporate Debt Securities

8th June 2023

Upstreaming of clients’ funds by Stock Brokers (SBs) / Clearing Members (CMs) to Clearing Corporations (CCs)

13th June 2023
Regulatory framework for Execution Only Platforms for facilitating transactions in direct plans of schemes of Mutual Funds

13th June 2023
Corrigendum to Circular on Participation of Mutual funds in repo transactions on Corporate Debt Securities dated June 8, 2023

13th June 2023
Amendment to Circular on issue of Certified copies of Orders and Circulars

15th June 2023
Master Circular for Research Analysts

15th June 2023
Master Circular for Investment Advisers

16th June 2023
Amendment to 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

16th June 2023
Adherence to provisions of regulation 51A of SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021 by Online Bond Platform Providers on product offerings on Online Bond Platforms

20th June 2023
Master Circular on Scheme of Arrangement

21st June 2023
Master Circular for Issue of Capital and Disclosure Requirements

21st June 2023
Trading Preferences by Clients

21st June 2023
Issuance of units of AIFs in dematerialised form

21st June 2023
Modalities for launching Liquidation Scheme and for distributing the investments of Alternative Investment Funds (AIFs) in-specie

21st June 2023
Standardised approach to valuation of investment portfolio of Alternative Investment Funds (AIFs)

23rd June 2023
Trading Supported by Blocked Amount in Secondary Market

26th June 2023
Format for Annual Secretarial Compliance Report for InvITs

26th June 2023
Format for Annual Secretarial Compliance Report for REITs

26th June 2023
Format of Compliance Report on Governance for REITs

26th June 2023
Format of Compliance Report on Governance for InvITs

26th June 2023
Investor Service Centres of Stock Exchanges

27th June 2023

Manner of achieving minimum public unitholding – InvITs

27th June 2023

Manner of achieving minimum public unitholding – REITs

27th June 2023

Disclosure of Information on Issuers Not Cooperating (INC) with CRAs

30th June 2023

Implementation of circular on upstreaming of clients’ funds by Stock Brokers (SBs) / Clearing Members (CMs) to Clearing Corporations (CCs)

 

Notifications

21st June 2023

Commencement notification for Execution Only Platforms under the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992

 

Circulars

28th June 2023

Circular No. 9/2023 : Order under section 119 of the Income-tax Act, 1961 for extension of time limits for submission of certain TDS/TCS Statements

30th June 2023

Circular No. 10/2023 : Circular to remove difficulty in implementation of changes relating to Tax Collection at Source (TCS) on Liberalised Remittance Scheme (LRS) and on purchase of overseas tour program package

 

Notifications

7th June 2023

Notification No. 24/2023 [F. No.500/62/2017-FT&TR-V (Pt-III)] / SO 2059(E) : Notification No. 24/2023 [F. No.500/62/2017-FT&TR-V (Pt-III)] / SO 20

12th June 2023

Notification No. 37/2023 [F.No. 370142/62/2021-TPL(Part-III)] / GSR 432(E) : ​Income-tax (Ninth Amendment) Rules, 2023

12th June 2023

Notification No. 38/2023 [F.No. 370142/62/2021-TPL(Part-III)] / S.O. 2569(E) : ​e-advance rulings (Amendment) Scheme, 2023

12th June 2023

Notification No. 39/2023 [F. No.370142/5/2023-TPL] / SO 2571(E) : Notification No. 39/2023 [F. No.370142/5/2023-TPL] / SO 2571(E)

14th June 2023

Notification No. 40/2023 [F. No. 279/Misc./M-42/2023-ITJ] / SO 2624(E) : Notification No. 40/2023 [F. No. 279/Misc./M-42/2023-ITJ] / SO 2624(E)​

14th June 2023

Notification No. 41/2023 [F. No. 187/1/2023-ITA-I] / SO 2625(E) : Notification No. 41/2023 [F. No. 187/1/2023-ITA-I] / SO 2625(E)

15th June 2023

Notification No. 42/2023 [F. No. 285/08/2023-IT(Inv.V)/CBDT] / SO 2661(E) : Notification No. 42/2023 [F. No. 285/08/2023-IT(Inv.V)/CBDT] / SO 2661(E)

21st June 2023

Notification No. 43/2023 [F. No. 370142/15/2023-TPL] / GSR 452(E) : ​Income-tax (Tenth Amendment) Rules, 2023

23rd June 2023

Notification No. 44 /2023 [F. No. 203/08/2022/ITA-II] / S.O. 2762(E) : Notification No. 44 /2023 [F. No. 203/08/2022/ITA-II] / S.O. 2762(E)

23rd June 2023

Notification No. 45/2023 [F. No. 370142/18/2023-TPL] / G.S.R. 457(E) : Notification No. 45/2023 [F. No. 370142/18/2023-TPL] / G.S.R. 457(E)

26th June 2023

Notification No. 46/2023 [F. No. 500/1/2014-APA-II] / SO 2777(E) : Notification No. 46/2023 [F. No. 500/1/2014-APA-II] / SO 2777(E)

Circulars
Nil

 

Notifications
Nil

Circulars

3rd June 2023
14/2023 - Electronic Repairs Services Outsourcing (ERSO) – initiation of pilot at ACC Bengaluru- reg.

7th June 2023
15/2023 - Mandatory additional qualifiers in import/export declarations in respect of certain products wef 1.7.2023 -reg

7th June 2023
16/2023 - Implementation of Honourable Supreme Court direction in judgement dated 28.04.2023 in matter of Civil Appeal No. 290 of 2023 relating to pre-import condition

15th June 2023
17/2023 - Implementation of Honourable Supreme Court direction in judgement dated 28.04.2023 in matter of Civil Appeal No. 290 of 2023 relating to pre-import condition

30th June 2023
18/2023 - Mandatory additional qualifiers in import/export declarations in respect of certain products wef 1.7.2023 -reg

 

Notifications
A. Tariff
14th June 2023
39/2023-Customs - Seeks to further amend 48/2021-Customs dated 13.10.2021 to reduce BCD on Refined Soya Bean Oil and Refined Sunflower oil to 12.5%

30th June 2023
40/2023 - Seeks to increase the standard tariff for LPG in 1st Schedule of Customs Tariff Act, 1975

30th June 2023
41/2023 - Seeks to amend notification no. 50/2017-Customs dated 30.06.2017 to prescribe BCD rate for LPG

30th June 2023
42/2023 - Seeks to amend notification no. 11/2021-Customs dated 01.02.2021 to prescribe AIDC Rate for LPG

 

B. Non-Tariff

1st June 2023
39/2023-Customs (NT) - Exchange rate Notification No. 39/2023-Cus (NT) dated 01.06.2023-reg

7th June 2023

40/2023 Customs (NT) - Exchange Rate Notification No. 40/2023 (Amended)- Reg

8th June 2023

41/2023 Customs (NT) - Exchange Rate Notification No. 41/2023 - Reg

12th June 2023

42/2023 Customs (NT) - Exchange Rate Notification No. 42/2023 (Amended)- Reg

15th June 2023

43/2023 Customs (NT) - Courier Imports and Exports (Electronic Declaration and Processing) (Second Amendment) Regulations, 202

15th June 2023

44/2023 Customs (NT) - Exchange Rate Notification No.44/2023-Cus (NT) dated 15.06.2023-REG.

15th June 2023

45/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

23rd June 2023

46/2023 Customs (NT) - Exchange Rate Notification No.46/2023-Cus (NT) dated 23.06.2023-REG.

30th June 2023

47/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

30th June 2023

48/2023 Customs (NT) - Amendment of Notification No.19/2022 Customs (NT) dated 30.03.2022

30th June 2023

49/2023 Customs (NT) - Amendment of Notification No.18/2023 Customs (NT) dated 30.03.2023

 

Anti-Dumping Duty

9th June 2023
06/2023-Customs (ADD) - Seeks to amend notification No. 31/2022-Customs (ADD) dated 20.12.2022 in order to change the name of the producer viz. “Zhejiang Tsingshan Steel Pipe Co., Ltd.” to “Tsingshan Steel Pipe Co., Ltd”, in pursuance of DGTR recommendation.

The Verdict

Maintenance for Formerly Employed Wife

Recently, the Karnataka High Court ruled that a wife who was previously employed cannot sit idle and expect to receive the entire maintenance amount from the husband. A look at the highlights of the judgment.

Go Figure

Securities and Exchange Board of India: Statistics Related to It

SEBIs multi-dimensional investigation into various aspects of a company.
Lawtitude

The EU’s New Soil Health Monitoring Law

Recently, the European Commission (EC) has proposed a new law in order to deal with the health of soils to ensure that the soils are healthy. This Law has been proposed with the aim of achieving climate neutrality, a clean and circular economy, and stopping desertification and land degradation.

Gratuitous

Not involving a return benefit, compensation, or consideration

Desuetude

A doctrine holding that a statute may be abrogated because of its long disuse

Filibuster

The use of extreme dilatory tactics in an attempt to delay or prevent action especially in a legislative assembly

Esquire

Used as a title of courtesy for lawyers usually placed in its abbreviated form after the name and capitalized

Infographic

The Maritime Anti-Piracy Act, 2022

India is member / signatory to convention on laws of the sea and seeks to repress piracy on high seas through the Maritime Anti-Piracy Act 2022.

Lawlipop

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

A steal deal?! 

Theft on train not deficiency in service

Frivolous PILs?

SC imposes cost

(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

No One Killed Jessica (Hindi) (2011)

The movie is based on real life incident. In 1999, Jessica Lall, working as part time bartender in a Delhi night club was shot and murdered at point blank range by the son of a politician. The reason: her refusal to serve Manu Sharma and his friends drinks beyond the club timings. Jessica’s family filed a case and Manu, and his friends were arrested. However, money and muscle power ruled. From replacing/ destroying evidence (the bullets) to witnesses turning hostile, courts cited lack of sufficient evidence and inability of police to sustain its grounds. It acquitted Manu and his friends in February 2006. There was public uproar and outrage at his acquittal and hence the case was immediately reopened. In December 2006, Manu Sharma was found guilty and sentenced to life imprisonment while his friends were sentenced to rigorous imprisonment. These incidents were captured poignantly in the movie with brilliant performances by Vidya Balan playing Sabrina Lall, the sister of Jessica Lall and Rani Mukerji playing a journalist who takes interest in the case. The story is a grim reminder of how law can be used effectively and misused blatantly.

Book/Novel

The Truthful Witness by James Chandler (2023)

The fifth of the 6 series novels revolving around fictional lawyer Sam Johnstone, the latest novel is based on Sam’s reluctant re-entry to the legal field. When Sam’s friend is accused of murder, Sam who retreats to enjoy the peace and calm of small-town Wyoming must defend him. The catch: his friend confesses to the murder. Additionally, he must argue before a judge with whom he has ethical differences. How Sam defends the friend and unravels the truth forms the rest of the story.

TV Series

Partner Track (2022)

Streaming on Netflix, the series is a legal drama based on the aspirations of its central character Ingrid Yun an M&A lawyer keen to rise to the top spot of the law firm she works with. In doing so, she encounters a battle between her ethics, ideology and the need of the situation.

The Art of Knowing is Knowing What to Ignore - Rumi

Readers' Corner

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