7TH EDITION LEGAL ERA CONCLAVE (USA) CONCLUDES SUCCESSFULLY

Held in the world’s financial capital on May 24 and 25, 2018, the Conference witnessed participation from eminent personalities from the Indian and US governments including lawyers, professionals, and top business brass from both countries. Expanding its global footprint, Legal Era – Legal Media Group organized the 7th Edition Legal Era Conclave 2018, themed “East Meets West: Understand The Emerging Markets, Ground Realities, Opportunities & Path Ahead”, in the heart of New York City, USA, making it the Group’s first such event to be hosted in what is also known as the world’s financial capital. The Conclave, held at Hotel New York Marriott Downtown, New York (USA), and spread over two days, i.e., May 24 and 25, 2018, brought together eminent personalities from the Indian and US governments including several lawyers, professionals, and top business brass from both countries. L-R : Aakriti Raizada, Sandeep Chakravorty, Diane Farrell, Puneet R. Kundal, Nishith M. Desai & Amy Hariani The inaugural session of the Conclave saw the likes of Sandeep Chakravorty, Consul General of India, New York, USA; Diane Farrell, Deputy Assistant Secretary for Asia, U.S. Department of Commerce, International Trade Administration; Puneet R. Kundal, Minister (Commerce), Embassy of India, Washington, DC; Nishith M.…
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Whirlpool India set to acquire 49% stake in Elica PB

Home appliances manufacturer Whirlpool of India Ltd has said that it will acquire 49% stake in kitchen equipment maker Elica PB India Pvt. Ltd for around Rs 162 crore ($24.2 million). According to Whirlpool the investment is in line with its strategic priority to expand the cooking and built-in appliance portfolio. As part of the deal, Elica PB India will manufacture and distribute cooking and built-in appliances under the Whirlpool brand in India. Elica India, which was incorporated in April 2010 in the country, is a unit of Italy’s Elica SpA. Whirlpool India said this will be a strategic JV and Elica PB India will manufacture and distribute cooking and built-in appliances under the Whirlpool brand in India. The transaction is expected to be closed in the second-half of this year. Sunil D’Souza, MD, Whirlpool India, said in a statement, “The cooking and built-in appliance space is poised for strong growth in India based on increasing consumer demand. Whirlpool aims to expand its portfolio of innovative products, with Elica’s capabilities in consumer insights, design, and manufacturing and also broaden its distribution.” According to Pralhad Bhutada, CEO, Elica PB India, “… With the addition of Whirlpool brand’s products, we will be offering two very appealing appliance brands to the Indian consumers.”…
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Post Karnataka polls: Petrol, Diesel prices touched record high

India Legal, ENC’s flagship product is a credible news magazine with a pan-India presence. Packed with in-depth reports, analyses, breaking stories, thought-inspiring features, views and insights on politico-legal issues, the fortnightly empowers and enlightens the citizens on several issues that touch their lives. —————————————————————————— ENC NETWORKSApnLive IndiaLegal Views on News Gahana Live…
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Justice K.G. Balakrishnan

Name of Judge: Justice K.G. Balakrishnan Post Held at Relevant Time: Chief Justice of India, Chairman NHRC Current Status: Retired     Analysis/Comment/Critique: 1) After Justice Balakrishnan retired as CJI in May 2010, he was appointed as the Chairperson of NHRC. In order to initiate process for his removal from NHRC, the Campaign for Judicial Accountability and Reforms (CJAR) had written to the Prime Minister and the President of India vide letters dated 04.04.2011 enclosing numerous documents showing certain acts of misconduct of Justice Balakrishnan, such as his close relatives acquiring assets disproportionate to their known sources of income during his tenure as a judge, purchasing benami properties in the name of his former aide M. Kannabiran and suppressing a letter written by a High Court judge alleging that former Union Minister A. Raja tried to interfere in his judicial function and later lying to the press that he had not received any such letter implicating any Union Minister. 2) When the UPA Government did not respond to the above letter for more than 8 months then Common Cause filed a Writ Petition being W.P.C. No. 35/2012 before Supreme Court seeking a direction to the government to make a reference under Section 5 (2) of the Protection of Human Rights Act 1993 for holding an inquiry against Justice Balakrishnan.…
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On the Horns of a Dilemma

This state of affairs raises a key concern—will the appointment of nodal officers to check cow vigilantism be a strong enough deterrent against these incidents of mob-lynchings, especially amid reports of police apathy towards victims of such crimes in the past? Though the appointment of nodal officers was a suggestion submitted by Gandhi and Jaising, both agree that while this could be a positive first step towards checking such incidents, there’s still “much more” that needs to be done by the states and the centre. Gandhi told India Legal: “The very fact that these three states filed affidavits saying that they had appointed the nodal officers but failed to check incidents of hate crimes and lynching shows that there is no political or administrative will. These states lied to the Supreme Court in their affidavits. In all probability, the nodal officers hadn’t been appointed at all because of which cases of cow vigilantism and killings continued in these states.” The lack of seriousness shown by the states towards an obviously serious threat to law and order was evident in Rajasthan home minister Gulab Chand Kataria’s response. Asked why his state’s police had failed to check incidents of hate crimes and whether the affidavit filed by the Rajasthan government on appointment of nodal officers in every district was misleading, Kataria told India Legal : “I will need to check with the concerned officials if there was an actual lapse on our part.…
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CJAR Review Petition challenging dismissal of CJAR WP seeking SIT to probe allegations in CBI FIR of bribery in a case pending before SC

Given the seminal importance of the Hon’ble Supreme Court’s role in Indian democracy, it is crucial that this institution, which is the final arbiter of the Constitution and the last sentinel guarding every citizen’s fundamental rights against encroachment by the government, is protected from any attempt to compromise its integrity and independence. Therefore, when a First Information Report is lodged by the Central Bureau of Investigation against a retired High Court judge, the middlemen and other unnamed private and public functionaries, and raids are made unearthing crores of rupees meant to be used as bribes to procure a favorable order in a petition pending before this Hon’ble Court, the same must be investigated with alacrity, honesty and rigour. It is also important that such investigation, as it involves an attempt to influence the outcome of a matter which was pending before this Hon’ble Court, must not be left with an agency which is fully controlled by the Government. Therefore, alarmed by the gravity of the offences alleged in the CBI FIR, but well aware that the CBI, which is controlled by the executive, can be used to compromise the independence of the Judiciary, the present Petitioner, filed Writ Petition (Crl.) No.…
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USPTO Grants Seven New U.S. Patents to Axonics

On December 04, Axonics Modulation Technologies, Inc.—a California-based privately-held medical device company developing an innovative neuromodulation platform based on miniaturized rechargeable technology and developer of the first rechargeable Sacral Neuromodulation (r-SNM™) system for the treatment of bladder and bowel dysfunction—announced that the United States Patent and Trademark Office (USPTO) has granted Axonics seven new U.S. patents along with numerous foreign counterparts relating to its implantable sacral neuromodulation technology. The most recently issued patents (US patent nos. 9,802,038; 9,802,051; 9,700,731; 9,770,596; 9,728,981; 9,789,325; and 9,780,596) range in subject matter and include coverage of the Company’s external pulse generator, implantable lead design, and internal system electronics. In this regard, Axonics’ CEO Raymond W. Cohen said, “The continued growth of the Axonics patent portfolio further demonstrates the level of innovation and commitment to technical excellence behind the clinical and business milestones that the Company has reported in 2017. With these seven new U.S. patents, we presently have more than 100 granted and 80 pending patent applications in our portfolio in various jurisdictions around the world.” The Axonics patent portfolio represents technology internally developed by Axonics and technology developed under license from the Alfred Mann Foundation.…
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CJAR Statement on the Supreme Court order dismissing the CJAR petition and imposing unprecedented costs

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS 6/6 basement, Jangpura B, Delhi – 110014 judiciareforms@gmail.com, judicialreforms.org Patrons: Justice P.B. Sawant, Justice H Suresh, Shri Shanti Bhushan, Prof B.B. Pande, Dr. Bhasker Rao, Ms. Arundhati Roy, Shri Pradip Prabhu, Prof. Babu Mathew, Dr. Baba Adhav, Ms. Kamini Jaiswal, Shri Mihir Desai, Shri Manoj Mitta Executive Committee: Prashant Bhushan, Nikhil Dey, Cheryl Dsouza, Venkatesh Sundaram, Indu Prakash Singh, Devvrat, Siddharth Sharma, Dipa Sinha, Annie Raja, Rohit Kumar Singh, Pranav Sachdeva,Alok Prasanna Kumar, Ramesh Nathan, Vipul Mudgal, Indira Unninayar, Madhuresh Kumar, Vijayan MJ, Harish Narasappa, Koninika Ray, Anjali Bharadwaj 4th December 2017 CJAR Statement on the Supreme Court order dismissing the CJAR petition and imposing unprecedented costs The Campaign for Judicial Accountability and Reforms (CJAR) strongly disagrees with the order of the Supreme Court dismissing the Writ Petition filed by the Campaign to ensure a fair and impartial investigation into the allegations of bribery of judges of the higher judiciary, to obtain favourable orders for medical colleges. To briefly recap the facts: The CBI registered a FIR in the case of Prasad Education Trust based on evidence gathered, of a criminal conspiracy including preparation and planning to pay large sums as bribes to procure a judgement in favour of the medical college, from the Allahabad High Court and the Supreme Court.…
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Six-member task force set up to draft new direct tax law: Govt

On November 22, the government constituted a task force for redrafting the 50-year old income tax law in sync with the economic needs of the country. Arbind Modi, CBDT Member (Legislation) as the Convener and other members, including Girish Ahuja (chartered accountant), Rajiv Memani (Chairman and Regional Managing Partner of EY) and Mansi Kedia (Consultant, ICRIER) will compose the six-member task force. In September 2017, during the annual conference of tax officers, Prime Minister Narendra Modi had observed that the Income-tax Act, 1961 was drafted more than 50 years ago and it needs to be redrafted. “Accordingly, in order to review the Act and to draft a new direct tax law in consonance with economic needs of the country, the Government has constituted a task force,” a finance ministry statement said. Chief Economic Adviser Arvind Subramanian will be a permanent special invitee in the task force and the task force is expected to submit its report to the government within 6 months. Keeping in mind the tax system prevalent in various countries, the international best practices and economic needs of the country, the panel has been tasked to draft direct tax legislation. The UPA government had in 2009 come out with Direct Taxes Code to simplify the tax legislation for individual taxpayers as well as corporates, seeking to replace the existing I-T Act.…
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Press Note on an unprecedented hearing before a Constitution Bench at 3p. m. on the 10th of November, 2017

Press Note on an unprecedented hearing before a Constitution Bench at 3p. m. on the 10th of November, 2017 10th November 2017 Today the Campaign for Judicial Accountability and Reforms writ petition seeking a SIT to investigate the CBI FIR and allegations of conspiracy and payment of bribes for procuring a favourable order in a matter pending before the Supreme Court, was listed before Court No. 6. After some hearing the court directed it to be tagged along with the Kamini Jaiswal writ petition in a related matter. The Supreme Court yesterday referred the case of Kamini Jaiswal, seeking a SIT in the CBI FIR alleging conspiracy to bribe apex court judges in a medical college case, to a Constitution Bench of the senior 5 judges. In that order the court refers to an administrative note issued by the Chief Justice which has been ordered to be annexed to the order. The note was handed over to Justice Chelameswar’s bench, across the bar, by a registrar in the course of hearing. The order of the court uploaded on the website yesterday did not contain this administrative note which was directed to be annexed. However a copy of that was made available with the certified copy of the order passed by the court yesterday.…
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STARTING A SCHOOL: SOME KEY CONSIDERATIONS

“Education is an ornament in prosperity and a refuge in adversity” – Aristotle There is no doubt that in a country as diverse as India, the need for education is paramount – it needs to act as an ornament as well as a refuge. It is part of the critical social sector that needs greater focus from private players. Private studies indicate that the Indian education sector (at present pegged at USD 100 billion or higher) is expected to grow to USD 180 billion by 2020. This statistic itself, along with the sector’s proverbial recession-proof nature, makes it lucrative. Therefore, we discuss in this series some of the key legal and regulatory considerations for anyone who wishes to set up or invest in primary or higher education in India. Setting up a School In this piece, we restrict the discussion to recognized, regulated, and brick and mortar schools that carry a student at least till the tenth standard, to the exclusion of the many schools that either end by the eighth standard (for lack of affiliation with a board) or continue without affiliation. Before establishing a legal entity or a vehicle that would carry out the activities, it is advisable to first determine what affiliation the proposed school would seek.…
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