Monday, March 06, 2017

Ram Jethmalani Cross-examins Arun Jaitley in Delhi High Court

Ram Jethmalani Cross-examins Arun Jaitley in Delhi High Court
Union finance minister Arun Jaitley on Monday appeared in Delhi high court to face a pugnacious Ram Jethmalani who cross-examined him in connection with his defamation suit against chief minister Arvind Kejriwal and other AAP functionaries.
Appearing for Kejriwal, Jethmalani fired a salvo of 52 questions at Jaitley in the nearly daylong proceedings in a jam-packed court, but 11 of these were "disallowed" by joint registrar Amit Kumar for either being a "matter of record and irrelevant to the case", or for being "questions of law and not fact" that could be argued later.
At one stage, Jethmalani brought out a dictionary and asked Jaitley the difference between "goodwill" and "reputation", but the query was shot down by the court.
During the cross-examination, Jethmalani tried to corner Jaitley on why he felt his reputation had been damaged in a manner that was "irreparable and unquantifiable", but the senior BJP functionary remained unruffled, calmly answering the queries. Jethmalani, a former BJP functionary who was expelled, wondered if Jaitley's "personal feelings of greatness" were behind the defamation suit where he says his reputation has been damaged. But the finance minister explained that "my view about my own reputation was based on what my friends, well-wishers and other people both privately and in media, had expressed an opinion on this subject."
The two men covered several issues in the question-answer-style cross-examination — from the CBI raid on Delhi government's senior bureaucrat Rajendra Kumar in December 2015 to another official Chetan Sanghi's report on DDCA affairs. Jethmalani also demanded from the senior minister if he made any serious effort to reverse the alleged damage before coming to the court, since as per Jaitley's statement, the damage continued for five consecutive days. To this, Jaitley replied: "I contradicted the allegations in the media and also in Parliament where echoes of these allegations were raised."
On the amount of Rs10 crore demanded as damages by Jaitley, Kejriwal's counsel Ram Jethmalani pointed out that the minister didn't seem to have suffered any monetary damage. "What is the meaning of the term 'unquantifiable damage' used by you in the plaint?" the veteran lawyer asked, adding, "in other words, you are telling that you cannot assign any objective rational reason, but it depends on where you place yourself? What do you have to say?"
The minister responded: "The value I placed, towards loss of my reputation was only a small part of the enormous damage done", also pointing out that "the loss of my reputation has been partly quantified in terms of money. Loss of reputation causes mental distress to the person defamed, which it did in my case". He added that "considering my stature, background and reputation, the loss caused to me and my reputation was so enormous that it was considered unquantifiable".
Jaitley, facing a barrage of questions from his former BJP colleague, also referred to the CBI raid to highlight that immediately after it, AAP functionaries began issuing defamatory statements "to deflect attention from this raid and to link me somehow to a controversy with which I had no connection".
Jethmalani, on his part, asked the minister if he knew that the CBI search was in the expectation that some DDCA documents may be found. But Jaitley refuted the claim, making it clear he had no prior knowledge of the raid, nor had he even been privy to the facts of the raid. Jaitley also denied accusations that he tried to influence Chetan Sanghi, Delhi government's vigilance chief who handled the DDCA case, and tried to lean upon him to go back on his report.
The Union minister, who had headed DDCA for 13 years, told Jethmalani that he cannot recollect that he had ever met the officer. He said he got to know only through the media that Delhi government appointed a commission of inquiry into DDCA headed by a bureaucrat. "I read in the media that bureaucrat Mr Sanghi had written to the home secretary, government of India, seeking posting in the Centre since the Delhi government felt offended by him for his having refused to name certain VIP in the DDCA inquiry," Jaitley said.
He answered in the negative a suggestion by Jethmalani that he and the Centre befriended Sanghi and asked him to go back on his report.
The joint registrar court is hearing a suit seeking Rs10 crore in damages filed by Jaitley against the Kejriwal and other AAP functionaries over alleged irregularities and financial bungling in the cricket body during his tenure its president. The finance minister has already tendered evidence in support of his civil defamation suit that also names Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai.
Jaitley entered court around 11:45am, accompanied by senior advocates Rajiv Nayar, Sandeep Sethi and Pratibha M Singh, even as Jethmalani prepared to cross-examine him in open court. The hearing will continue on Tuesday.

Fast Track mergers

Fast Track mergers

Step No. Procedure Timeline Forms B
1. Convene a Board Meeting
Convene a Board Meeting and pass the following
resolutions:

a)    Approval of the scheme;

b)    Fixing date, time and place for convening of shareholders meeting;

c)     Fixing date, time and place for convening of creditors meeting.
Both (Transferor and Transferee Companies)
2. Notice of the proposed scheme
The notice of the proposed scheme inviting
objections or suggestions, if any, shall be sent to the Registrar of
Companies (“ROC”) and Official Liquidators where registered office of the
respective

companies are situated or persons affected by the scheme along with a copy
of the Scheme.
After holding the Board meeting CAA.9 Both (Transferor and Transferee Companies)
3. Filing a declaration of solvency with the ROC
  Each of the companies involved merger files a
declaration of solvency, in the prescribed form, with the ROC where the
registered office of the company is situated, before convening the meeting
of members and creditors for approval of the scheme.
CAA.10 Both (Transferor and Transferee Companies)
4. Convening a meeting of members
The notice of the meeting sent to the
creditors shall be accompanied by –

a)    a statement, disclosing the details of the compromise or
arrangement, as far as applicable, as referred to in sub-section 230 (3)
of the Act read with sub-rule (3) of rule 6 of the Rules.

b)     the declaration of solvency made in Form No. CAA.10;

c)      a copy of the scheme.



The objections and suggestions received by the ROC, Official Liquidator
and persons affected by the scheme are considered by the companies in
their respective general meetings and the scheme is approved by the
respective members or class of members at a general meeting holding at 90%
of the total number of shares.
Clear 21 days before the date of the meeting Both (Transferor and Transferee Companies)
5. Convening a meeting of creditors
The notice of the meeting sent to the members
shall be accompanied by –

a)    a statement, disclosing the details of the compromise or
arrangement, as far as applicable, as referred to in sub-section 230 (3)
of the Act read with sub-rule (3) of rule 6 of the Rules.

b)    the declaration of solvency made in Form No. CAA.10;

c)      a copy of the scheme.



The scheme is to be approved by majority representing nine-tenths in value
of the creditors or class of creditors of respective companies indicated
in a meeting.
Clear 21 days before the date of the meeting Both (Transferor and Transferee Companies)
6. Filing of the Scheme
a)    File a copy of Scheme and report of the
result of each of the meetings with the Regional Director.



b)    A copy of the scheme along with Form CAA. 11 shall also be filed
with :



·   the ROC in Form GNL 1;



·   the Official Liquidator through hand delivery or by registered post or
speed post.
a)    Within seven days from the conclusion of
the meeting of members or creditors.
a)    CAA.11





b)    GNL 1
Transferee Company
7. Approval of the Scheme by the Regional Director
1.     On the receipt of the
scheme, if the ROC or the Official Liquidator has no objections or
suggestions to the scheme, the Regional Director shall register the same
and issue a confirmation thereof to the companies.





2.     If the ROC or Official Liquidator has any objections or
suggestions, he may communicate the same in writing to Regional Director
within a period of thirty days. If no such communication is made, it shall
be presumed that he has no objection to the scheme.





3.     If the Regional Director after receiving the objections or
suggestions or for any reason is of the opinion that such a scheme is not
in public interest or in the interest of the creditors, it may file an
application before the Tribunal in Form No. CAA.13 within a period of
sixty days of the receipt of the scheme under sub-section (2) stating its
objections and requesting that the Tribunal may consider the scheme under
section 232.





4.     On receipt of an application from the Regional Director or from any
person, if the Tribunal, for reasons to be recorded in writing, is of the
opinion that the scheme should be considered as per the procedure laid
down in section 232, the Tribunal may direct accordingly or it may confirm
the scheme by passing such order as it deems fit.





5.     If the Regional Director does not have any objection to the scheme
or it does not file any application under this section before the
Tribunal, it shall be deemed that it has no objection to the scheme.





6.     Where no objection or suggestion is received to the scheme from the
ROC and Official Liquidator or where the objection or suggestion of ROC
and Official Liquidator is deemed to be not sustainable and the Regional
Director is of the opinion that the scheme is in the public interest or in
the interest of creditors, the Regional Director shall issue a
confirmation order of such scheme of merger or amalgamation in Form No.
CAA. 12.
8. Filing of confirmation order with the ROC
  A copy of the order confirming the scheme by
the Tribunal or Regional Director shall be communicated to the ROC having
jurisdiction over the transferee company and the persons concerned and the
ROC shall register the scheme and issue a confirmation to the companies
and such confirmation shall be communicated to the ROC where transferor
company or companies were situated.
Within 30 days of the receipt of the order of
confirmation of the scheme.
Form INC-28 Both (Transferor and Transferee Companies)

Freedom of Business, Trade and Profession

Freedom of Business, Trade and Profession
“ Bonafide usage of this freedom will help to foster a healthy relationship among everyone in the society. But on the contrary malafide usage will lead to havoc as well as cause a disturbance in the working of the democracy, which in turn will act as a hindrance to the growth and development of the economy.”

Sunday, March 05, 2017

Debate over Sitting or Standing at Cinema Hall Whether Violation of Right to freedom of Speech and Expression

Debate over Sitting or Standing at Cinema Hall Whether Violation of Right to freedom of Speech and Expression
Abstract: This article focuses attention on the directions of the Supreme Court in “Shyam Narayan Chouksey v. Union of India that “all the cinema halls in India shall play the national anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the national anthem as a part of their “sacred obligation”.

Terrorist and their Tactics:-Need of Creative Criminology

Terrorist and their Tactics:-Need of Creative Criminology
The Mumbai attack was planned in Pakistan and directed by Lashkar-e-Taiba militants with only ten people horrify the whole India (total population near to 125 crore) tactics shooting and bombing with AK-47, RDX, IEDs, Grenades and latest use mobile phones and VOIP. Terrorist Ajmal Kasab and his associates came in India through the ocean, here question is arising where was the surveillance system went when terrorist were crossing you good self ocean under your nose or terrorist were enough intelligent that they stopped your good self every surveillances system, so that you were not able to look on them, means we all are totally depending on the machine not the power that every human have i.e. creativity, helping every time somewhere in life when problem occurring. In this attack nearly 164 people were killed by the terrorist and unnumbered wound victim. Even though after some days, there was a news in T.V that international investigator already warned the India surveillance regarding the probably threat from the terrorist attack.

Friday, March 03, 2017

Jurisdictional Challenges in Online Transactions

Jurisdictional Challenges in Online Transactions
The advancement in technology has brought with it a new wave of advanced communication, and transactions through virtual mediums have replaced face to face transactions. Today, e- commerce plays a vital role in nearly every sphere of life- with simply just a click of the mouse we can pay our electricity/telephone bills, do online shopping, transfer money to persons in different parts of the globe, conduct business deals etc.

Monday, February 27, 2017

Voting Rights in India to Non-Resident Indians

Voting Rights in India to Non-Resident Indians
Human rights are the most basic, inalienable, interdependent and universally recognized rights that are indispensable for existence and growth of any human being. These human rights are to be enjoyed by all human beings by virtue of being human, irrespective of the place they belong. However, certain humans who immigrate (due to manifold reasons) are denied these fundamental human rights including the most important democratic right to vote. Migration/immigration can never be a justification to reduce a person to a non-person

Wednesday, February 22, 2017

Corporate Social Responsibility

Corporate Social Responsibility

A company is responsible for the repercussions its activities have on the community and it has to take the initiatives as responsibility to make good for the harm done by it. The term corporate social responsibility is synonymous with Corporate Citizenship. Corporate social responsibility may also be referred to as “corporate citizenship” and can involve incurring short-term costs that do not provide an immediate financial benefit to the company but instead promote positive social and environment change. The initiatives and efforts that a company takes as part of corporate social responsibility are more than what is required by environmentalist.


Alternate Dispute Resolution vis-a-vis allied case laws

Alternate Dispute Resolution vis-a-vis allied case laws
Indian law encompasses five types of Alternate Dispute Resolution (“ADR”) procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non-adjudicatory) processes--conciliation, mediation, judicial settlement and Lok Adalat settlement.

Tuesday, February 21, 2017

Right to Privacy is a Fundamental Right - A Study

Right to Privacy is a Fundamental Right - A Study
Right to Privacy first of all we need to know what does the word Privacy mean. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.

A Machinery Safeguarding Environment: National Green Tribunal

A Machinery Safeguarding Environment: National Green Tribunal

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavor for disposal of applications or appeals finally within 6 months of filing of the same.

Winding up of a Private Limited Company under Companies Act, 2013

Winding up of a Private Limited Company under Companies Act, 2013
Liquidation is the process where a firm's assets and liabilities are terminated, realized and subsequently distributed. In many cases, the firm ceases to exist. Members of the firm sometimes voluntarily initiate the liquidation process. Other times it is compelled by a creditor's petition to the courts for failure to uphold contractual payments.

Video recording of the court proceedings

Video recording of the court proceedings
Paying heed to the Indian Judicial System, we can deduce that it is one of the finest bodies which performs the act of interpreting the constitution. It ensures that no individual residing within the jurisdiction of the country is deprived of any of the fundamental rights guaranteed to him by the constitution. The judicial system also due to the nature of the powers delegated to it , performs its duties and takes the required steps ,in case there has been an infringement of a legal right of an individual

Saturday, February 11, 2017

The Consumer Protection Law- Birds Eye View

The Consumer Protection Law- Birds Eye View

In the business industry, the consumers hold a very vital position. The producers in the market engage themselves in the production of various kinds of goods depending on the choice, liking, interests, preferability and tastes of the consumers in order to facilitate smooth running and consistency of sale in the due course of business.



Consumer law

Consumer is King - An in-depth report on all aspect of Consumer laws and consumer courts in India