About Regalwhiz Law Chambers

Regalwhiz Law Chambers is India’s leading professional service-providing company assists every business owners with legal & document preparation, legal advice, contract review, and representation in legal proceedings which is increasing popular due to their convenience, affordability, and accessibility.

Position

Legal Associate

Responsibilities

  • Managing client cases from start to finish
  • Advising clients and conducting legal research on their behalf
  • Preparing and reviewing legal documents ahead of a court hearing
  • Developing litigation strategies
  • Gathering evidence
  • Updating and consulting with senior associates
  • Supervising paralegals or legal assistants from time to time

Qualifications

  • Advanced critical and legal reasoning skills
  • Problem-solving
  • Decision making
  • Ability to project management to a high standard
  • Ability to work independently
  • Excellent legal English skills
  • Attention to detail
  • The ability to work under pressure
  • Excellent communication skills

Location

Chennai, Tamil Nadu

CLICK HERE TO APPLY

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

S.noContents
1.Introduction
2.The Consumer Protection Act
3.Features of The Consumer Protection Act 2019
4.Rights of The Consumers
5.The Consumers Protection Act 2019 Authority
6.Issues with Consumer Protection Act, 1986
7.Consumer Protection Act 2019 Amendment
8.Consumer Protection Act Demonstration and Direct Selling
9.Supreme Court Cases
10.Different Features of the Consumer Protection Act 1986 and 2019
11.Conclusion

Introduction

Each person purchases different goods and services in their everyday life. Anything they purchase needs to Pay for itself and get fulfilment from its utilization and use. But now and again they don’t feel happy with the item they buy. This might be a record of low quality of the item, cheating by the retailer, lower nature of constants, deceiving promoting, etc.[1]

The digital era has guided and immensely filled in this new period of online business and acquired its degree new assumptions and wants of the shoppers. It has now become effectively available, with more extensive decisions to the customers, and gives viable techniques for business.

Because such a transformation is achieved by digitalization, the consumer protection act, of 1986 had a few difficulties and confronted numerous mishaps which required quick consideration. Be that as it may, the public authority achieved an extraordinary change and presented the Buyer Security Act, 2019 which came into force on 20 July 2020. This previous sanctioning had been reconsidered once in a while to get it congruity with changes achieved by globalization, financial progression, digitalization of items and administrations, and so on be that as it may, its execution was far to accomplish its ideal goal of financial regulation which looked to give security of the interests of the customers. While then again the new Buyer Insurance Act, 2019 will fortify and upgrade the extent of assurance given to the purchasers by redoing the promoting claims, supports, disciplines, prison terms, organization of the debates, and different variables.

The Consumer Protection Act

Consumer Protection Act[2] is a law that protects consumers from unfair, harmful methods by businesses and sellers of goods and services. First Consumers Protection Act came in 1986 and the parliament of India elected it. It also gives consumers the right to Safety, Choice. Also, the Consumers Protection Act imposes duties and liabilities on producers. It gives hope for the bits of help of helpless consumers. This Consumers Protection Act came as a “Panacea” for consumers all over the country. The Consumers Protection Act makes a system name “three-tier” it is set up at the State, District, and National levels. The Consumer Protection Act was replaced by the Government as The Consumers Protection Act 2019.

Features of The Consumer Protection Act 2019

The Consumer Protection Act 2019 has some features that are: 

  • The Consumer Protection Act defines a consumer as a person who buys goods and services with careful thought. 
  • Consumer Protection Act does not allow goods and services for commercial purposes. 
  • Consumers Protection Act covers transactions with all modes online, and offline through electronic, also multi-level marketing. 
  • For Consumer Protection Act central Government made set up it was CCPA (Central Consumer Protection Authority). 
  • It protects and enforces the right of consumers CCPA impose a penalty for those who supply goods up to 10 lacks and two-year imprisonment for any false advertisement.
  •  For subsequent offense fine extend to Rs 50 lakh and imprisonment for five years.

Rights of The Consumers

In The Consumer Protection Act 2019, Consumers have some rights that are:

  • Consumers have the right to know all the information related to the goods and services, like goods and services quality, quantity, how much pure, and also the prices should inform the consumer. 
  • Sometimes consumers’ right to protect goods and services can be dangerous to their life and property. Rights to protect from hazardous goods and services.
  •  The consumer has the right to be protected from unfair trade practices. 
  • They have the right to access a variety of goods and services.
  •  Consumers should have the right remedy or compensation for any losses or suffering.
  • Right to give consumers proper education.
  • Also, the consumer has the right to need a clean and healthy environment.

The Consumers Protection Act 2019 Authority

  • The central government establish an authority to protect consumer goods and services, which is CCPA (Central Consumer Protection Authority) as a regulatory authority.
  •  CCPA protects consumer rights and regulated some cases that are related to unfair trade practices. 
  • CCAP gives power to consumers.
  • Consumers can take Suo-Moto action, recall the product and cancel licenses. 
  • CCAP has the right to investigate consumer law violations.

Product of Goods and Services Liability

The huge expansion to the 2019 demonstration is the arrangement for item obligation by which the makers or specialist co-ops have been made dependable to repay the purchaser for any mischief, injury, or misfortune experienced because of damaged items, or lack of help. This additionally incorporates web-based business inside its ambit and even they can’t get away from the fury of the go-about as now the item responsibility has been stretched out to the specialist co-ops and not simply restricted to the producers.

  • The defeat of some Design. 
  • Responsible for all the compensation for injuries and damages. 
  • Services of the product provided faulty.

Issues with Consumer Protection Act, 1986

  • Remove all the  imperfections from the goods;
  • Substitution of the goods;
  • Discount of the prices which are paid;
  • Give compensation to the consumer for all the losses or injuries;
  • Withdrawal of the hazardous goods from being made available for purchase; or Giving satisfactory expenses to parties.
  • Evacuation of deformities or lacks in the administrations;
  • Discontinuance of unjustifiable exchange rehearses or prohibitive exchange practices or course not to rehash them.

Consumer Protection Act 2019 Amendment[3]

  • In chapter one section 2 sub-clauses(4),(13),(14),(16),(40)
  • In chapter two sections 3 to 9 both are inclusive
  • In chapter four sections 28 to 73 both are inclusive. Except for some sub-clauses (iv) of clause (a) of sub-section(1) of section 58.
  • In chapter five sections 74 to 81 both are inclusive
  • In chapter six sections 82 to 87 also both are inclusive
  • In chapter seven sections 90 and 91 except sections 88,89,92&93
  • In chapter eight  sections 95,98,100 sections 101 except for some clauses (f) and clauses (zg), (zh), and (zi) of the sub-sections 2
  • Sections 102,103,105, 106, 107 except sections 94,96,97,99,104

Monetary Limit

The National Consumer Disputes Redressal Commissions(NCDRC) will hear grievances where the debate esteem is worth more than Rs. 10 crores. The State Consumer Disputes Redressal Commissions will hear objections where the contested worth is more than Rs 1 crore but not as much as Rs 10 crore. While the Locale Buyer Questions Redressal Commissions will engage in protests when the worth of products or administration depends on Rs 1 crore.

Consumer Protection Act Demonstration and Direct Selling

One more change was connected with online business working as per the regulations set for direct selling. The rules make it obligatory for the e-organizations to uncover the dealer’s subtleties like their location, site, email, and so on, and data connected with discount, return, assurance and guarantee, conveyance, shipment, instalment choices, the wellbeing of instalment, complaint taking care of the instrument and so on. This step is fundamental as in the developing universe of online businesses damaged and lacking items and administrations are given and through this arrangement the organizations could be punished for something very similar.

“Under the new Demonstration, the web-based business will be represented like direct selling in India and online stages for selling labour and products, or conglomerating administrations will be expected to take responsibility for any infringement of customer privileges or embracing any out-of-line exchange rehearses,”[4] Mehta said

Supreme Court Cases

  • Rojer Mathew v. South Indian Bank LTD.[5] (This Judgement came in November 2019) Judgement given by Ranjan Gogoi Chief justice of India Leave Granted.
  • Association For Consumer Welfare And Aid v. Granite Properties Private Limited (2019) This case was dealt with by the Supreme Court of India. The Judgement of the Court delivered by DR. D.Y. Chandrachud, j. Civil appeal no 259 of 2019 The National consumer disputes redressal commission(NCDR). “ The consumer on whose behalf this complaint is instituted did not hire or avail the services of opposite party 1 and therefore they cannot be said to its consumers.[6]

Current cases:

  • M/S. Texco Marketing Pvt. Ltd. v. TATA  AIG General Insurance Company Ltd (2022)
  • Ibrat Faizan v. Omaxe Buildhome Pvt.Ltd.(2022)
  • Shankarlal Nandani v. South Indian Bank LTD.(2022)
  • Texco Marketing Private Limited v. Tata Aig General Insurance Company Limited And Others. (2022)
  • Sunil Kumar Maity v. State Bank of India and another(2022)

Different Features of the Consumer Protection Act 1986 and 2019

In consumer protection act there is some kind of differences we find between the consumer protection act 1986 and the consumer protection act 2019 that’s are:

  • Regulator:
    In Consumer Protection Act 1986 there is no separate regulator but in Consumer Protection Act 2019 there is an authority formed that is CCPA(Central consumer protection act)
  • Consumer Court:
    In the consumer act, 1986 complaint was filed in the consumer court where the sellers or the defendant’s office is located but in Consumer Protection Act 201complaintsed filed the consumer court where the complaints are worked. 
  • Product Liability: 
    In Consumer Protection Act 1986 there is no such provision of product liability consumers can apply in civil court but not in consumer court. In Consumer Protection Act 2019 consumers have product liability they get their compensation for any kind of harm caused by the services. 
  • Mediation Cells: 
    In Consumer Protection Act 1986 there is no such legal provision for Mediation cells but in Consumer Protection Act 2019 court refer settlement through the mediation cells.

Conclusion

The Consumer Protection Act 2019 is a productive step that would bear natural products later on. The act incorporates inside itself a few new ideas which were the need of great importance and the prospect of executing a similar in a nation like India would give a palatable outcome. In the developing universe of digitalization steps like e-recording of cases, and procedures through video conferencing will change, create and upgrade customer freedoms by and large. However, one can’t deny and scrutinize the execution of down-to-earth earth use of the arrangements. For any law and regulation to find actual success, fundamental its execution ought to be done appropriately and productively. Hence, for the 2019 demonstration to become useful it needs to defeat its disadvantages and slack ought to be given to realize the help for the shoppers. Consumer Protection Act gives a law designed to ensure fair competition and free of truthful information in the market areas. The law is designed to prevent businesses that are engaged in fraud or UTP(Unfair Trade Practices). The Consumer Protection Act 2019, is a Constructive Step that would bear fruits in the Future.


Endnotes:

  1. Consumer Protection Act 1987, https://www.which.co.uk/consumer-rights/regulation/consumer-protection-act-1987-a5xTL3w6L9OI
  2. THE CONSUMER PROTECTION ACT, 1986, https://legislative.gov.in/sites/default/files/A1986-68_0.pdf
  3. The Consumer Protection Act, 2019, https://consumeraffairs.nic.in/sites/default/files/CP%20Act%202019.pdf
  4. Draft Consumer Protection (Direct Selling) Rules, 2021, https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Draft%20Consumer%20Protection%20%28Direct%20Selling%29%20Rules%2C%202021.pdf
  5. Rojer Mathew v. South Indian Bank Limited, (2020) 6 Supreme Court Cases
  6. Shipra Singh, Here’s how consumers will benefit under the new Consumer Protection Act, https://economictimes.indiatimes.com/wealth/spend/heres-how-consumers-will-benefit-under-the-new-consumer-protection-act/articleshow/70711304.cms?from=mdr

This article is written by Pranita Dhara, a student of Lloyd Law College.

-Report by Radhika Mittal

The case involves a petitioner who filed two separate refund applications, seeking a refund of the unutilized Input Tax Credit (ITC) amounting to ₹72,03,961/- and ₹12,40,270/-, respectively. The refund was in respect of goods exported by the petitioner. However, the applications were not processed due to allegations that the supplier from whom the petitioner had purchased the goods had received fake invoices from its suppliers.

FACTS :

The petitioner has filed petitions challenging the Order-In-Appeal dated 31.03.2022 which dismissed two separate appeals. The petitioner filed two refund applications, dated 11.09.2020 and 12.09.2020, for the unutilized Input Tax Credit (ITC) amounting to ₹72,03,961/- and ₹12,40,270/-, respectively, in respect of goods exported by the petitioner. Respondent no.2 issued an acknowledgment (in Form GSTRFD-02) dated 27.09.2020, in respect of the petitioner’s refund application for the amount of ₹12,40,270/-. In respect of the first application dated 11.09.2020, respondent no.2 issued a deficiency memo dated 21.09.2020, stating that the supporting documents were not uploaded on the GST portal.

Accordingly, the petitioner filed another application dated 23.09.2020 along with all documents in support of its refund application. The same was acknowledged by the respondent on 01.10.2020. The petitioner’s applications were not processed as the supplier from whom the petitioner had purchased the goods had allegedly received fake invoices from its suppliers. A search was conducted by the officers of Central GST, Anti Evasion Branch, Delhi West Commissionerate in the petitioner’s premises on 21.10.2020. The petitioner (its proprietor) was summoned to the office of respondent no.1 on 23.10.2020 to tender certain documents. The petitioner appeared before the Superintendent, Anti Evasion Branch on 23.10.2020 and furnished documents as sought for. Notwithstanding the same, the petitioner was issued another summons dated 28.12.2020 for furnishing the documents, which, according to the petitioner, had already been submitted.

The petitioner wrote several letters to respondent no.2 requesting early disposal of his refund applications. However, his requests were not acceded to. In the meantime, the petitioner became aware of the allegations that its supplier, M/s Shruti Exports, had issued fake invoices and its ITC was blocked. The said supplier had moved the High Court of Calcutta by filing a writ petition seeking to unblock its Electronic Credit Ledger (ECL).

A show cause notice dated 04.06.2021 was issued by respondent no.2 to the petitioner proposing to reject the petitioner’s refund applications. This show cause notice indicated that respondent no.2 had sought a report regarding the legitimacy and genuineness of the export of goods from the Customs Station, Kolkata, which were purchased by the petitioner from M/s Shruti Exports (proprietor Sh. Vijander Kumar Goel). The petitioner responded to the said show cause notice on 12.06.2021. The petitioner was also afforded a personal hearing by respondent no.2 on 01.07.2021. During the course of the said proceedings, the petitioner also submitted additional documents in support of its refund claim. The petitioner submitted that he was not concerned with any allegation against its supplier M/s Shruti Exports (proprietor Vijander Kumar Goel) as the purchases made by it were genuine and against genuine invoices. 

Plaintiff’s Contentions:

The petitioner contended that it was not concerned with any allegation against its supplier as the purchases made by it were genuine and against genuine invoices. The petitioner further argued that it had submitted all the relevant documents in support of its refund claim, and the delay in processing the refund applications was causing financial hardship.

Defendant’s Contentions:

The respondent argued that the petitioner’s refund applications were rightly rejected as the supplier from whom the petitioner had purchased the goods had allegedly received fake invoices from its suppliers. It was also alleged that the said supplier had availed CGST and SGST amounting to ₹1,35,21,489/- and Cess of ₹21,76,132/- on the strength of fake invoices issued by certain persons. The respondent further contended that the delay in processing the refund applications was due to the investigation into the alleged fake invoices.

Judgment:

The court held that the petitioner’s refund applications could not be rejected merely on the basis of allegations against its supplier. The court further noted that the petitioner had submitted all the relevant documents in support of its refund claim, and the delay in processing the refund applications was causing financial hardship. The court directed the respondent to process the petitioner’s refund applications within a specified time.

READ FULL JUDGEMENT: https://bit.ly/3ZZYaSg

RB Lawcorp Pvt Ltd is looking to hire an associate in Delhi and Dehradun.

Positions

One

PQE

4+ Years

Location

Delhi and Dehradun

Qualification

LLB

Job Description & Requirements

The firm is looking for an associate in indirect tax practice (GST and Customs) with good knowledge of legal provisions and research work.

Should be able to draft and attend replies to SCN/appeals/advance rulings/writ petitions, etc.

Candidates with CA/CS/CMA would be preferred.

Remuneration

As per industry standards.

Application Process

Interested candidates can send applications (CVs) to: office@rblawcorp.in

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About Nirbhaya & Associates

N & A is into Direct & Indirect tax consulting, auditing and assurance services since 1999. Since 2016 THEY have been providing legal assistance and representation before NCLT & NCLAT related to the Companies Act and Insolvency & Bankruptcy Code. N & A has offices in New Delhi, Lucknow, Roorkee, Patna, Jaipur, Sonipat, Deoghar & Dumka. Out of 10 partners, one partner is a qualified Insolvency Professional registered with IBBI.

Duties and Responsibilities

  • Drafting the petition to be filed before Hon’ble NCLT/NCLAT
  • Assisting corporate insolvency resolution process
  • Appearing before Hon’ble NCLT/NCLAT

Requirements

  • Preference shall be given to candidates who have prior experience in the corporate insolvency resolution process
  • Preference shall be given to Law Graduates

Tenure

6 Months

Perks

  • Certificate
  • Letter of recommendation
  • Informal dress code

Number of openings

4

APPLY HERE

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About Taxortium Consultants LLP

Taxortium is a one-stop solution for all kinds of businesses, be they a start-up or established firms. They are a bunch of passionate professionals who are keen to ease the business registration process in India and assist entrepreneurs to grow their ventures to the next level. They strive to be instrumental in driving your business to become a full-fledged endeavour. The depth of their offerings includes customized services that allow their clients to develop and execute key growth hacking strategies and deliver great products or services into the market. They also render tailor-made services that lead to secure VC funding. They facilitate numerous companies and serve them with all basic assistance. Their values are focused on the needs of their clients.

Duties and Responsibilities

  • Working on research, drafting, etc. for complex taxation, ongoing litigations, and accounting
  • Handling commercial disputes, IPR, contract management, etc. by the respective laws
  • Managing international adoption-related services with due diligence and arbitration

Perks

  • Certificate
  • Letter of recommendation
  • Flexible work hours
  • Informal dress code 5 days a week
  • Free snacks & beverages

Tenure

2 Months

Number of openings

2

APPLY HERE

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About Ashok Kriplani

Adv Ashok Kriplani is an insolvency professional with of experience 6 years and an advocate with 12 years of experience. Currently, he is working on one case under the purview of the insolvency and bankruptcy code.

Duties and Responsibilities

  • Manage the office work of insolvency professionals and advocates
  • Assist to carry out work on the legal front
  • Work to represent clients in court and national company law tribunals or before government agencies
  • Analyze the probable outcomes of cases using knowledge of legal precedents
  • Manage to do the miscellaneous field work apart from the office work

Perks

  • Certificate
  • Letter of recommendation
  • Flexible work hours

Number of openings

1

Stipend

This is a performance-based internship. In addition to the minimum-assured stipend, you will also be paid a performance-linked incentive (₹ 2000 per performance based).

APPLY HERE

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

-Report by Anurag Sinha

Regarding Reliance Home Finance Ltd.’s (RHFL) insolvency, the Supreme Court has approved a resolution plan filed by Authum Investments and Infrastructure Ltd (All), a non-banking financing business, to cover RHFL debenture holders. Nevertheless, the scheme excludes holders of dissenting debentures.

A bench comprised of Justices BR Gavai and Aravind Kumar further ruled that the dissenting debenture holders be given the option of accepting the conditions of the Resolution Plan (RP) who advocated such a purchase.

Following the approach followed in the case SEBI vs Rajkumar Nagpal 2022 involving a sister firm of RHFL, Reliance Commercial Finance Ltd, the Court utilised the authorities under Article 142 of the Constitution to give the decision (RCFL).

“We conclude that the facts in the current instance are identical to the facts in the case of SEBI vs Rajkumar Nagpal. In this scenario, we believe that a new voting procedure proposed in the SEBI Circular will further prolong the resolution process and may disrupt the efforts of stakeholders, especially retail debenture holders… We are inclined to grant such instructions to shape the relief in light of the specific facts and circumstances in this instance, which are similar to those in Rajkumar Nagpal (supra), the bench stated.

The panel went on to say that dissenting debenture holders should be given the option of accepting the resolution plan’s conditions or pursuing other legal actions to recover their responsibilities.

FACTS:

In 2018, RHFL issued debentures via private placement, for which it executed several Debenture Trust Deeds. Nine of them were executed with IDBI Trusteeship Services Ltd. It has taken on a sizable loan in the past. the pooling of resources via loans from several financial entities Also, RHFL’s failure affected the issued Debenture Trust Deeds. In accordance with the authorized RHFL RP, all 19,353 holders of minor debentures would get full payment of their principal.Debenture holders’ approval was required per a SEBI circular titled Standardisation of procedure to be followed by Debenture Trustee(s) in event of Default by issuers of listed debt instruments because the RBI Circular only applied to debts owing to Banks/Financial Institutions.

In order to comply with the requirements of the SEBI Circular, debenture holders must cast their votes before. To engage in an ICA, 75% of investors must provide their blessing, on a numerical basis, and 60% must give their blessing, on an ISIN basis. An International Securities Identification Number (ISIN) is a 12-character alphanumeric identifier that may be used to identify a single security. In 2021, a business lawsuit was filed at the Bombay High Court,

Debenture holders’ vote on the RP. The Supreme Court ordered a gathering of the holders of debentures to a meeting and further ordered that the results of the vote be kept secret. The vote tally disclosure was the subject of a separate appeal. According to the results, 94.55% of the debenture holders present (869 out of 919) voted in favour of the RP Le.

The consortium of lenders also accepted a resolution plan for the RCFL that was provided throughout the proceedings. Both RPs share many similarities. Separate actions before the High Court had also required RCFL to call a meeting of debenture holders. The Securities and Exchange Board of India (SEBI) appealed the meeting’s convening before the High Court’s Division Bench on the grounds that the voting mechanism did not comply with the SEBI Circular but instead followed the procedure stipulated in the Debenture Trust Deeds. The Division Bench ruled against the appeal, explaining that the SEBI Circular could not be retroactively implemented. The SEBI was so displeased that it filed a petition with the Supreme Court.

In the case of Rajkumar Nagpal, a three-judge panel of the Supreme Court ruled in favour of the appeal, concluding that the SEBI Circular will be applied retroactively.

Yet, the Court pointed out that debenture holders would greatly benefit from the RCFL’s resolution plan. It then moved to adopt the plan, giving holders of dissenting debentures the choice of accepting the plan or standing outside it and seeking alternative legal measures to collect their dues.

After receiving this ruling, RHFL submitted an Interim Application requesting the resolution plan be approved under the following conditions:

When the High Court heard the interim plea, it rejected it, reasoning that it lacks the authority under Section 151 of the CPC to provide relief and adopt the settlement plan, as it did in the instance of Rajkummar Nagpal. The Supreme Court was primarily concerned with this issue.

JUDGEMENT BY THE COURT:

In the current instance, the Court remarked that small investors with up to Rs 5 lakhs in exposure gain to the tune of 100% of their principal investment. Even debenture holders with more than Rs. 5 lakhs in exposure receive 23.24% of their principal amount, as in Rajkumar Nagpal’s instance.

“In the current instance, such unscrambling of the resolution process will not only be time-consuming, but it may also have a negative impact on the agreed realized benefits to retail debenture holders who have already approved the negotiated settlement before the High Court. We believe that in this situation, too, we should extend the advantage under Article 142 of the Indian Constitution to retail debenture holders. We are inclined to provide such directions to shape the relief in light of the specific facts and circumstances in this instance, which are comparable to those in Rajkumar Nagpal (supra). In any instance, we intend to defend the interests of dissenting debenture holders who are not covered by the proposed RP outlined in the lender’s ICA and to pursue further legal remedies “When accepting the appeals, the Court made the following observation:

Senior Counsel KK Venugopal and Dhruv Mehta intervened on the appellants’ behalf. Senior Counsel KV Viswanathan represented Bank of Baroda and Canara Bank, and Assistant Solicitor General Venkataraman represented SEBI.

READ FULL JUDGMENT: https://bit.ly/3mM6WEQ

ABOUT DSNLU

The Government of Andhra Pradesh established Damodaram Sanjivayya National Law University (DSNLU) vide DSNLU Act, 2008 at Visakhapatnam to impart quality legal education. It is recognized u/s 2(f) of the UGC Act, 1956, and the BCI. It has also been granted 12B status by the UGC and 28th rank in the National Institutional Ranking Framework by the Ministry of Education in 2021. Its mission is to design and deliver legal education and promote academic achievements and excellence in legal research. The University offers 5 years integrated B.A., LL.B. (Hons.) and 1 year LL.M. (Constitutional Law, Criminal Law, and Commercial Law), and 2 years of M.Sc. (Arbitration & Mediation) Programmes. It also offers Doctoral and Post Doctoral Degrees in Legal Studies.

ABOUT THE WORKSHOP

The start-up culture in India is expanding exponentially and successful Entrepreneurs are identified in almost every field. With its increased potential in the global market as the 5th largest economy, India has gained momentum to be the market leader in the future. The Indian start-up ecosystem in the last decade has witnessed 10 unicorns and hundreds of new start-ups gaining investor confidence across the globe.

DSLIC understands that there is a need to conduct entrepreneurship workshops to skill and up-skill young creative minds. The competitive market poses challenges to budding entrepreneurs to start, succeed and sustain. Some are born Entrepreneurs but some need to be skilled; some may succeed and some may not, So, we believe that few skills may be inculcated and imbibed through training.

In this direction, the Two-day National-level workshop is planned, because any start-up needs a good leader, with an entrepreneurial mindset and a vast understanding of subjects like Management, Technology, and Law with other disciplines, like socio, political, economic, and cultural environment. Any leader needs to have a basic understanding of Management Information Systems, Strategic Management, Operational Management, Human Resources, Finance,
Marketing, etc, which are relevant for any start-up including a law firm.

The objective of this workshop is to promote a learning strategy that helps the participants as transit in their journey towards achieving their dream. The workshop is planned to train participants from different disciplines who have a passion for creating value and exploring their ideas, expanding their network, and bringing their thoughts into reality.

THE PARTICIPANTS CAN BE

  • Entrepreneurs,
  • Practitioners,
  • Trainers, and other professionals.
  • Students and Academicians.

THEMES FOR THE WORKSHOP

  • Choose the path
  • Building Blocks to Entrepreneurship
  • Road taken – not taken
  • Finance and Fortune
  • Scale up – Scale down
  • Signed, Sealed, Delivered
  • Lawyer vs Entrepreneur – Lawyer as an Entrepreneur Triumph with Technology

NOTE: The workshop shall include 4 technical sessions and 2 practical sessions, per day.

REGISTRATION DETAILS

Registration Fee: Rs. 2000 /- per person
Register on or before – 15th March 2023

*Accommodation is available on Payment.

REGISTRATION LINK: https://docs.google.com/forms/d/e/1FAIpQLSf22sJcHhHmPqgXg9X0pZV7S1CmkPTpmp6opRMIhXryJZNOuQ/viewform

FACULTY CONVENOR

Dr. Nandini C.P., Associate Professor of Law
email id: nandinicp@dsnlu.ac.in

CONTACT DETAILS

E-Mail ID – dsnlulic@dsnlu.ac.in
WEBSITE www.dsnlu.ac.in

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Professor S P Sathe 17th International Conference on the Intersection of Law and Economics with Gender

The year 2023 heralds great glory to the prestigious institution of Indian Law Society’s Law College, marking 100 years of the college. This is just the start for many glorious years to come, for the institution is the pioneer in imparting legal education to the masses. This year, the college will be hosting its flagship event, the Remembering S.P. Sathe: Professor S.P. Sathe 17th International Conference on the theme of “Intersection of Law and Economics with Gender.” In recognition of the changing horizons in legal education, the theme for this year’s conference is interdisciplinary in nature, investigating the correlation between Law, Economics and Gender.

Law & Economics evolved as a singular independent discipline due to the contributions of Mr Ronald Coase and Mr Richard Posner, in the 1960s. The application of economic principles to law with the aim of maximizing compliance and reducing unwarranted results, better known as the economic analysis of laws, has gained significance in contemporary times. The principle of economic analysis has been applied to various legal fields such as Property Law, Contract Law, Competition Law, Torts, etc. with positive results.

The conference seeks to understand the nuances of the application of economic principles to gender-based laws and policies.

It focuses on the gender aspect of the domain of law and economics which priorly has been a relatively under-explored field.

Despite many positive developments in the past, gender-based exclusion and marginalization in terms of legislation and gender pay exist in almost every country’s workforce. Women are under-represented in the informal economy and poverty; their labour force participation has remained lower than that of men in the past decades. Legal barriers continue to prevent women from reaching their economic potential in many nations. The conference would focus on the intersection of social, economic, legal, and physiological dimensions of gender, with the intention to explore diverse patterns of gender inclusivity. The aim of the conference is to better facilitate comprehension and interpretation of gender as an important component of an economy.

Themes of the Conference

  1. Central Theme
    The Intersection of Law and Economics with Gender
  2. Sub Themes 
    (The following list of themes is only indicative, not exhaustive) – The opportunity cost of gender-based discrimination in economics
    • Prostitution: An economic and a sociological perspective
    • Economics of Fertility- Abortion laws, maternal mortality, contraception, Artificial Reproductive Techniques (ART) and family planning.
    • Gender-responsive economic policy for programme implementation, policy-making and advocacy.
    • Non-binary gender marginalization in the context of and leading to economic exclusion
    • The feminisation of poverty, inequality, and vulnerability
    • Motherhood Penalty
    • Role of institutions in promoting gender equality

Who can attend?

Academicians, legal practitioners, economists, research scholars, law students, activists and others may participate in the Conference.

About the Sessions

  • Day 1

Session 1 – The opportunity cost of gender-based discrimination in economics
Session 2 – Gender-responsive economic policy for program implementation, policy-making and advocacy

  • Day 2

Session 3 – Prostitution: An economic and a sociological perspective
Session 4 – Feminisation of poverty, inequality, and vulnerability
Session 5 – Motherhood Penalty: Role of institutions in promoting gender equality

Registration Details

ParticipantWithout Paper
ILS StudentsRs. 500/-
Indian Students and Ph. D ScholarsRs. 1500/-
Indian Academicians/ Professionals/PractitionersRs. 2000/-
International Students and Ph.D. scholars50 USD
International Academicians/ Professionals/ Practitioners100 USD

Note: The overhead charges on the registration fees of foreign participants need to be paid by the individuals themselves.

LINK FOR REGISTRATION: https://forms.gle/3pZgoTfyyAMjWzUM9
LINK FOR PAYMENT: https://ilslaw.edu/events/attendees-form/220261

Faculty Coordinators:

Ninawari Ware (Assistant Professor) – 91300 24440
Akshay Ugale (Assistant Professor) – 96378 85222

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates on more opportunities, we can catch up at-

WhatsApp Group:

https://chat.whatsapp.com/Iez749mZfpaGfG4x2J6sr9

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd