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Legal Desire Reporter 2019 an Imprint of Legal Desire Media & Publications India Edition September Pages: 24 Legal Desire Reporter 2019 An Imprint of Legal Desire Media & Publications Editions: India / USA / UAE Pages: 24 Subscription available at: www.legaldesire.com/reporter ISSN: 2347-3525 Interview: Sneak peak: Maria Z. Vathis, List of Controversial Cases fought by Ram Jethmalani President of Federal Bar Association Top USA Law School Scholarships to Apply Step by Step Guide to Register GST Sujata Chaudhri, Founder & Managing Partner, SCIP Attorneys Government proposed to cut IPR processing fees for MSME, Startups India’s Eminent Lawyer Ram Jethmalani passed away Inside: Eminent lawyer defence of Rajiv Gandhi’s killer Judgments & former Union in Madras High Cout in 2001. He Law Firm & In-House law minister also defended Harshad Mehta and Updates Ram Jethmalani Ketan Parekh in the Securities passed away on scam of 1992. Jethmalani had also Deals Reporter 8th September defended the death sentence given Interviews morning. He to Afzal Guru and represented was 95. Manu Sharma in the Jessica Lall Read to Know murder case. Jethmalani was later USA Scholarship He served as the elected as the president of Guide Supreme Court Bar Association in Union law & More... minister and 2010. President of Supreme Court In 2018, He was conferred with Lifetime achievement Bar Association. He was also the chairman of the Bar Award by Legal Desire. Among other achievements, Council of India. He had announced his retirement in Jethmalani was elected as a BJP MP in the sixth and September 2017. Jethmalani had fought several high- seventh Lok Sabha. Apart from Union law minister, he profile cases and had represented controversial clients. also held the portfolio of urban development in Atal Bihari Vajpayee-led NDA government. Jethmalani had been on round the clock medical help for last two weeks. He is survived by his son, noted Many have described Jethmalani’s death as a loss for lawyer Mahesh Jethmalani, and a US-based daughter. the legal fraternity as he was one most respected His other daughter Rani Jethmalani had pre-deceased lawyers in the country. him. Born in Sikhapur of Sindh province on September 14, 1923, Ram Jethmalani fought many high-profile Read Inside: List of Controversial cases fought by Ram cases in the Supreme Court, high courts and trial courts. Jethmalani (Page No 20) One of the cases he will be remembered for is the KM Nanavati vs State of Maharashtra case in which he was the prosecutor. Since then, Jethmalani has fought several other high-profile cases which included the Supreme Court gets 4 New Judges The Centre on September 18 cleared the appointments of Justices V. Ramasubramanian, Krishna Murari, S. Ravindra Bhat and Hrishikesh Roy as Supreme Court judges. The Supreme Court Collegium led by Chief Justice of India Ranjan Gogoi had recommended Chief Justices of Himachal Pradesh, Punjab and Haryana, Rajasthan and Kerala High Courts, V. Ramasubramanian, Krishna Murari, S. Ravindra Bhat and Hrishikesh Roy, respectively, as apex court judges on August 28. The Supreme Court vacancies had increased its judicial strength from 31 to 34 following the enactment of the Supreme Court (Number of Judges) Bill of 2019 into law. One of the four judges would replace the vacancy following the retirement of Justice A.M. Sapre recently. 2 Legal Desire Reporter Monthly News September, 2019 India Ministry of Corporate Affairs Government constitutes Company Law Committee for examining and making recommendations on various provisions and issues pertaining to implementation of the Companies Act In line with the Government’s objective of promoting Ease of Living in the country by providing Ease of Doing Business to law abiding corporates, fostering improved corporate compliance for stakeholders at large and also to address emerging issues having impact on the working of corporates in the country, it has been decided to constitute a Company Law Committee for examining and making recommendations to the Government on various provisions and issues pertaining to implementation of the Companies Act, 2013 and the Limited Liability Partnership Act, 2008. The Company Law Committee shall comprise of the following members:- The terms of reference of the Committee are as S. No. Name of Person/ Institution Position follows:- 1. Secretary, MCA Chairman Analyze the nature of the offences (compoundable and non- compoundable) and submit its recommendation as to whether any of 2. Dr. T. K. Viswanathan, Ex- Secretary Member the offences could be re-categorized as ‘civil General, Lok Sabha wrongs’ along with measures to optimize the compliance requirements under the Companies 3. Shri Uday Kotak, MD, Kotak Mahindra Member Act, 2013 and concomitant measures to provide Bank further Ease of Doing Business; Examine the feasibility of introducing 4. Shri Shardul S Shroff, Executive Chair- Member settlement mechanism, deferred prosecution man, Shardul Amarchand Mangaldas & agreement, etc., within the fold of the Companies Co. Act, 2013; Study the existing framework under the Limited Liability Partnership Act, 2008 and 5. Shri Amarjit Chopra, Senior Partner, Member suggest measures to plug the gaps, if any, while at GSA Associates, New Delhi the same time enhancing the Ease of Doing Business; 6. Shri Rajib Sekhar Sahoo, Principal Member Propose measures to further de-clog and Partner, SRB & Associates, Chartered improve the functioning of the NCLT; Accountants, Bhubaneswar Suggest measures for removing any bottlenecks in the overall functioning of the statutory bodies like SFIO, IEPFA, NFRA, etc. 7. Shri Ajay Bahl, Founder and Managing Member under the Act ; Partner, AZB & Partners, Advocates & Solicitors Identify specific provisions under the Companies Act, 2013 and the Limited Liability Partnership Act, 2008 which are required to be 8. Shri G. Ramaswamy, Partner, G. Member amended to bring about greater Ease of Living for Ramaswamy & Co. Chartered Ac- the corporate stakeholders including but not countants, Coimbatore restricted to review of Forms under the two Acts; Any other relevant recommendation as it may 9. Shri Sidharth Birla, Chairman, Xpro Member deem necessary. India Limited The Committee shall submit its recommendations in phases and subject-wise to the Government 10. Ms. Preeti Malhotra, Group President, Member from time to time as may be decided by the Corporate Affairs & Governance, Chairperson of the Committee. Smart Group The Committee shall initially have a tenure of one year from the date of its first meeting. 11. Joint Secretary (Policy) Member Secre- tary Ministry of Commerce & Industry Government proposed to cut IPR processing fees for MSME, Startups The government has proposed to reduce fees for various intellectual property rights like patents and designs for micro, small and medium enterprises and startups. Recognising the importance of nurturing innovation and creativity in a knowledge economy, India is taking great strides in strengthening its intellectual property ecosystem. Further, given the key role played by MSMEs in the economic growth of India, it is proposed to reduce the fees for various IPRs as shown in table on next page. 3 Legal Desire Reporter Monthly News September, 2019 IndiaSeptember, 2019 India IPR ACTIVITY CATEGORY CURRENT PROPOSED REDUCTION FEES FEES (%) PATENTS FILING MSME 4000/ 4400 1600/ 1750 60 REQUEST FOR 10000/ 11000 4000/ 4400 60 EXAMINATION EXPEDITED 25000 8000 68 EXAMINATION (only e-filing) RENEWAL 2000 to 20000 800 to 8000 60 (+10% for phys- (+10% for phys- ical filing) ical filing) DESIGNS FILING MSME/ 2000 1000 50 Startup GEOGRAPH- REGISTRATION AUTHORISED 500 NIL 100 ICAL INDICA- USER TIONS ISSUANCE OF 100 NIL 100 REGISTRATION CERTIFICATE RENEWAL 1000 NIL 100 Fees structure is for e-filing/ physical filing. Draft Rules for amendment in GI Rules have been notified. National IPR Policy adopted by the Government in 2016 has paved the way to further strengthen the IPR regime in the country. Already, the concrete steps undertaken in the past 5 years have seen IP filings rise: Filing of IP applications Increase from 2013-14 to 2018-19 (%) Patents 18 Trademarks 69 Domestic filing for patents has increased from 22% in 2013-14 to 34% in 2018-19. Awareness programmes for IP are being conducted at schools, colleges, universities, R&D institutes and industry clusters. Multi-pronged strategies have been used to address the issue of pendency in IP applications, including manifold augmentation of manpower and stream- lining of procedures. These strategies have paid rich dividends, and there has been a sharp jump in the disposal of IP applications: Disposal of IPR applications Increase from 2013-14 to 2018-19 (%) Patents 353 Trademarks 395 4 Legal Desire Reporter Monthly Judgments September, 2019 India Asst. Provident Fund Commissioner the same can change the view of the influence over him. The deceased expired EPFO, Bareilly whole case. Keeping in view all the judg- on 21.04.1971 within ten months of the ments and orders and the pleas raised, the execution of the sale deed. The witnesses Vs High Court is requested to look into the to the sale deed were related to defendant matter again and decide the writ petition no.2. It had not been established that full M/s U.P. State Warehousing Corp. expediously. consideration had been paid. Defendant & Anr. no.1 had no source of income to pay the Raja Ram purchase price. The wife of the deceased has not been examined as witness. The BACKGROUND OF THE CASE: Vs defendants did not lead the evidence of the Sub Registrar who had registered the The Corporation is inter alia en- Jai Prakash Singh & Ors. sale deed. The deceased had not sold any gaged in the business of stocking the land to third persons in the year 1968 as grains and other commodities in its Go- contended by the defendants. down. The work of loading and unload- BACKGROUND OF THE CASE: ing of the commodities in the Godown is REPONDENT’S APPEAL: done by the workers on regular basis.
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