National Legal Services Day is observed every year on 9th November to commemorate the commencement of Legal Services Authorities Act, 1987 which came into force on 9th November, 1995. On National Legal Services Day, legal awareness camps are held by State Legal Services Authorities across the country to apprise people about the availability of free legal aid. Further, nationwide programmes are organised every year to make people aware of the various services provided by Legal Services Authorities.
In the year 2021, six-week long Pan India Legal Awareness and Outreach Campaign was launched from 2nd October to 14th November, 2021 which included Door-to-Door Campaigns, Legal Awareness Programs, awareness through Mobile Vans and awareness through Legal Aid Clinics. Further, ‘Legal Services Week’ was observed from 8th November to 14th November, 2021 wherein more than 38 crore persons were surveyed or interacted or made aware of their rights. On the Legal Services Day i.e., 9th November, 2021, a national level event was also organised by National Legal Services Authority (NALSA), wherein iOS version of the Legal Services Mobile Application was launched and online portal for filing Legal Aid applications was made accessible in 10 languages.
The following Authorities/Institutions are established to provide free legal aid to poor and weaker sections of the society :-
National Legal Services Authority (NALSA) at National level
Supreme Court Legal Services Committee (SCLSC) at Supreme Court level
39 High Court Legal Services Committees (HCLSCs) at High Court level
37 State Legal Services Authorities (SLSAs) at State level
673 District Legal Services Authorities (DLSAs) at District level
2465 Taluk Legal Services Committees (TLSCs) at Taluk level
The Government extends all support to strengthen the legal services authorities/institutions in the form of Grant-in-Aid and other logistical support.
In order to monitor the performance of the legal services authorities, NALSA receives monthly activity reports from all the State Legal Services Authorities (SLSAs) highlighting all the activities carried out in a particular month. Apart from monthly activity reports, NALSA also receives Annual Reports from all the SLSAs and prepares its own Annual Report, which is laid before both Houses of the Parliament of India.
This information was given by Shri Kiren Rijiju Union Minister of Law and Justice, in Lok Sabha today.
Video conferencing has emerged as the mainstay of the Courts during the ongoing Covid pandemic period as physical hearings and normal court proceedings in the congregational mode were not possible. To facilitate dispensation of justice in such time one video conference equipment each has been provided to all court complexes including taluk level courts and additionally funds have been sanctioned for additional VC equipment for 14,443 court rooms. Funds for setting up 2506 VC Cabins have been made available. Additional 1500 VC Licenses have been acquired. VC facilities are already enabled between 3240 court complexes and corresponding 1272 jails. A sum of Rs. 7.60 crore has been released for procurement of 1732 Document Visualizers. Further, Judicial Service Centres (JSC) have been established to serve as a single window for filing petitions and applications by litigants / lawyers, and for obtaining information on ongoing cases and copies of orders and judgments etc. In addition, e-Sewa Kendras have been rolled out to bridge the digital divide by providing eFiling services to lawyers and litigants. Government has released Rs. 12.54 crore for setting up e-Sewa Kendras. As on 31.12.2021, 451 eSewa Kendra’s have been made functional in District Courts under 25 High Courts. Also, training programs and awareness campaigns have been conducted from time to time to train various stakeholders and familiarise them with court digitisation initiatives. Data/information relating to private dispute resolution centres is not collated by the Government.
The concept of Online Dispute Resolution (ODR) in India is at a nascent stage. The NITI Aayog had constituted a high level committee to take it forward and the report of the committee titled “Designing the future of dispute Resolution: the ODR Policy Plan for India” was released on 29.11.2021. It inter-alia recommends for mainstreaming of ODR in India, as a cost effective, convenient, efficient process which can be customised to the specific needs of the parties, considering the nature of the dispute. The Government of India has also acknowledged the importance of online dispute resolution and proposes to provide legal sanction to ODR by way of requisite provisions in the Mediation Bill, 2021 introduced in the Rajya Sabha on 20.12.2021. The Bill recognizes online pre-litigation mediation as an acceptable and cost effective process of dispute resolution thereby removing the distance barrier for parties.
This information was given by Shri Kiren Rijiju, Union Minister of Law and Justice, in Lok Sabha today.
The Department of Justice is implementing a Centrally Sponsored Scheme for setting up of 1023 Fast Track Special Courts (FTSCs) including 389 exclusive POCSO (e-POCSO) Courts since October 2019. 700 FTSCs (68%) including 383 e-POCSO courts have been made operational in 27 States/UTs up to December 2021. As per information made available by High Courts the details of the target set for establishment of FTSC in the country along with the number of FTSC set up and functional against the set target is given at Annexure below:
Third Party Evaluation of the Scheme was conducted by National Productivity Council (NPC) during the third quarter of 2020.Evaluation of the conviction rates of the FTSCs vis-a-vis the Regular Courts was one of the terms of reference of the Study. As per the findings, it was observed that conviction to disposal rate for Regular Court Cases, FTSC Cases and e-POCSO Court Cases are 5.54%, 7.21% and 17.64% respectively.
The issue of setting up of FTSCs and their early operationalization has been taken up with concerned States/UTs at various level from time to time. Minister of Law & Justice has addressed letters to Chief Ministers of States and Chief Justices of High Courts in this regard. In addition, regular review meetings with officials of the States/UTs and High Court functionaries are being held from time to time for operationalization of remaining FTSCs so as to further reduce the burden on judiciary.
This information was given by Shri Kiren Rijiju Union Minister, Ministry of Law and Justice, in Lok Sabha today.
ITAT Kolkata directs service of notice to Assessee’s Lawyer via email as same could not delivered to Assessee
Massive Infrastructure Pvt. Ltd. Vs ITO (ITAT Kolkata) dated 02/02/2022
Revaluation of Land by firm after conversion of inventory into fixed asset – colourable device?
PCIT Vs Orchid Griha Nirman Pvt. Ltd. (Calcutta High Court) dated 31/01/2022
*Tribunal agreed with CIT(A) that after conversion of inventory into fixed asset the firm revalued the developed land including construction thereon in order to bring it in line with the current market value to justify the business assistance secured by the firm from the banks to extent of nearly Rs. 250 crores. Therefore, on facts the tribunal concluded that the revaluation was not a colourable. Confirmed by HC.
Failure to issue section 143(2) notice prior to finalising reassessment order makes reassessment proceedings a nullity
ACIT Vs P & R Infraprojects Ltd. (ITAT Delhi) dated 07/01/2022
ITAT deletes Addition of Profits from Suppressed of Sales belonging to Firm of director of Appellant Company
ITO Vs Super Hospitality Services Pvt. Ltd. (ITAT Ahmedabad) dated 31/01/2022
Interest on Investment made to acquire controlling interest allowable
Gujarat Nippon Enterprises Pvt. Ltd. Vs ITO (ITAT Ahmedabad) dated 01/02/2022
ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21
Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) dated 20/01/2022
Filing of appeal in criminal court against Civil dispute amounts to abuse of process of Court: SC
Jayahari Vs State of Kerala (Supreme Court of India) dated 25/01/2022
CIT(E) Order passed without hearing Assessee during COVID-19 violates Principal of Natural Justice
Madhavi Raksha Sankalpa Vs CIT (Exemptions) (ITAT Mumbai) dated 28/01/2022
GST Evasion Case: Accused cannot be Detained in Custody Indefinitely- SC
Paresh Nathalal Chauhan Vs State of Gujarat (Supreme Court of India) dated 01/02/2022
The Hon’ble Supreme Court of India in Paresh Nathalal Chauhan v. The State of Gujarat & Anr. [SLP (Crl) No. 009458 – 009459/2021, Criminal Appeal Nos.164-165/2022 dated February 01, 2022] granted bail to a person accused of tax evasion. Held that, assessee cannot be detained for indefinite period of time when the maximum sentence for such offence is 5 years and investigation w.r.t. the same is still pending.
GST Appellate Authority can provisionally release goods & vehicle- HC
A K Enterprise Vs State of Gujarat (Gujarat High Court) dated 03/02/2022
ITC available on GST paid under RCM on hiring of buses for transportation of employees
In re Maanicare System India Private Limited (GST AAR Maharashtra) dated 01/02/2022
Matter pending before Competent Jurisdiction cannot be transferred for mere Temporary Shift In Residence
Silpa Shaji Vs Satheesh K.S. (Kerala High Court) dated 01/02/2022
Bar of Section 69(2) of Indian Partnership Act, 1932 not applicable to Transactions not in the course of business: SC
Shiv Developers Vs Aksharay Developers (Supreme Court) dated 31/01/2022
International Financial Services Centres Authority(IFSCA), in its endeavour to develop a comprehensive and consistent regulatory framework for Investment Funds based on global best practices with a special focus on ease of doing business, had constituted an Expert Committee on Investment Funds to recommend to IFSCA on the road map for the funds industry in the IFSCs. The Committee was constituted under the Chairmanship of Mr. Nilesh Shah, MD, Kotak Mahindra Asset Management Co. Ltd. and Member, Economic Advisory Council to the Prime Minister. The Committee comprises of leaders from the Fund Management ecosystem including from areas such as technology, distribution, legal, compliance, and operations.
The Committee had in turn constituted three working groups to examine different issues related to Fund industry in IFSC. The working groups over various meetings interacted with various market participants from India and overseas, examined best global practices and made detailed recommendations. After examination of the recommendations of the working groups, the Expert Committee submitted its report to Chairman, IFSCA on January 31, 2022 and the same is available at the following link:
Upon examination of the Committee Report, IFSCA proposes to issue IFSCA (Fund Management) Regulations, 2022 and invites comments from public on the same. The salient features of the proposed regulations are as under:
Single registration for multiple activities: A fund manager intending to undertake host of activities related to fund management viz. manage retail schemes (including Exchange Traded Funds), non-retail schemes (alternative investment funds), undertake portfolio management services or operate as manager to various investment trusts (REIT and InvIT) can do so by seeking a single unified registration from IFSCA. A fund manager intending to manage funds or activities for non-retail investors only shall have lower eligibility requirements. Further, a special registration with light touch requirements shall be accorded to a fund manager intending to invest in unlisted securities of start-ups, emerging or early-stage companies mainly involved in new products, new services, and technology through a venture capital scheme in IFSC.
The detailed eligibility and regulatory requirements for fund managers, retail schemes, non-retail schemes, venture capital schemes, portfolio management services and investment trusts have been prescribed. Substance requirements in terms of minimum Key Management Personnel (KMPs) with experience, infrastructure requirements, key activities such as investment management from IFSC, etc., have also been prescribed in the draft regulations.
Green Channel: Venture Capital Schemes or non-retail schemes soliciting money from accredited investors only shall qualify for a green channel i.e. the schemes filed can open for subscription by investors immediately upon filing with IFSCA. The requirements on scheme size, number of investors, permissible investments, etc. have been detailed in the draft regulations.
Exchange Traded Funds (ETFs): Considering that ETFs offer a means to gain exposure to specific markets or asset classes at a low cost, registered fund managers in IFSC shall be able to launch not just Index based ETFs but also Active ETFs and Commodity based ETFs. Fund Managers for Gold and Silver ETFs shall also be able to invest directly in Bullion Depository Receipts with underlying bullion thereby dispensing away the need to invest in physical bullion and worrying about quality or storage. Innovative structures for ETFs shall be considered with prior approval of IFSCA and the concerned stock exchanges. To ensure sufficient liquidity in ETFs, stock exchanges in IFSC shall prescribe a framework for market makers.
Stressed Assets: Realising the important role of IFSC in the Government initiative of addressing the issue of NPAs faced by banks, a framework has been prescribed for special situation funds to be launched by fund managers in IFSC.
Environment Social Governance (ESG): Growing number of investors expect fund managers to make ESG issues integral to their investment strategies. With the intent of making IFSC as a hub for host of activities related to sustainable finance, disclosures have been proposed to be mandated at entity level and scheme level.
Family Office: Globally, there is an increasing need for having a formal structure for managing and preserving the wealth of the HNIs and Ultra HNIs and their families. This has paved a need for conceptualisation of a regime for family offices in India. Accordingly, a framework to facilitate self-managed investment fund of a family office has been proposed. Further, a fund manager has also been permitted to undertake portfolio management for multi-family office.
To support various innovations in a controlled way, the following has also been included in the draft regulations:
Fund Lab: A platform shall be provided to aspirational fund managers to try new strategies in a controlled manner.
Special purpose vehicle (SPV) as a co-investment structure: Similar to international jurisdictions, fund managers shall be permitted to create SPVs under the main scheme to enable undertake co-investment or leverage along with the Fund/ scheme subject to certain conditions.
Retail participation in private markets: There has been growing need to facilitate investors at large invest in private markets. Accordingly, it is proposed to facilitate retail close ended schemes to invest in unlisted securities subject to certain conditions.
In addition to above, the draft regulations detail the role of various entities, prescribes code of conduct, advertisement code, investment valuation norms and important governance requirements. The consultation paper along with the draft regulations are available on IFSCA’s website https://ifsca.gov.in/PublicConsultation. Comments / suggestions are invited from the general public and stakeholders on the draft regulations on or before February 28, 2022.
Company Law Adjudication & Appeal Series -05th Feb 2022
Delhi ROC Penalty Order for violation of Section 56(4) of CA 2013 (Non issuance of share certificate to subscriber to MOA within 2 months) in the matter of Raspberry PI Educational Servicrs Pvt. Ltd.
The CCI imposed penalties of Rs. 425.53 crore on Apollo Tyres, Rs. 622.09 crore on MRF Ltd., Rs. 252.16 crore on CEAT Ltd., Rs. 309.95 crore on JK Tyre and Rs. 178.33 crore on Birla Tyres, besides passing a cease and desist order. In addition, a penalty of Rs. 0.084 crore was also imposed on ATMA.
👉 This case was initiated on the basis of a reference received from the Ministry of Corporate Affairs (MCA) under Section 19(1)(b) of the Act.
👉 Earlier, the said order of the CCI had been kept in sealed cover as per the directions of the Hon’ble Madras High Court, issued in W.A. No. 529 of 2018, preferred by MRF Limited. Thereafter, the Division Bench of the Hon’ble Madras High Court vide an order dated 06.01.2022, dismissed the aforesaid writ appeal.
👉 Aggrieved with the same, the tyre companies preferred SLPs before the Hon’ble Supreme Court, which were dismissed vide its order dated 28.01.2022.
The Ministry of External Affairs attests original documents//true copies of documents for use abroad. Attestation done by the Ministry of External Affairs is of two types:
1. Apostille
India, since 2005, is a member of the Hague Convention of October 5, 1961 that abolished the requirement of legalization of foreign public documents. Apostille is acceptable in all member-countries of the Convention (For more info please visit the website: http://www.hcch.net). Apostille is done for personal documents like birth/death/marriage certificates, Affidavits, Power of Attorney, etc. and educational documents like degree, diploma, matriculation and secondary level certificates etc. As India is a member of the Hague Apostille Convention, 1961, no further attestation or legalization of a document apostilled by a member country, should be required for using such apostilled document in India. An apostilled document should, therefore, be treated as legalized document for all purposes in India by all concerned, in accordance with the international obligation under the Convention.(Countries under Hague Convention is available at the following link)
This is done for all the countries which are not a member of Hague Convention and where Apostille is not accepted.
Procedure for Attestation/Apostille
A. E-sanad: A. E-sanad: e-Service for verification & attestation of documents of Indian Citizens. Detatils of e-Sanad can be obtained by following the following Link.
B. Attestation/apostille of documents not covered under E-sanad:
Step 2. Deposition of Documents with authorized Outsource Service Provider.
Details of Outsource Agency centers is available at following link Appendix G
Details of Jurisdiction of Branch Secretariat/RPos is available at following linkAppendix H
Step 3. Receipt of apostilled/Attested documents from Outsource agencies.
Important Note:
Legalisation of documents: The Ministry of External Affairs thereafter, legalises the documents on the basis of the signature of the designated signing authorities of the State Government/Union Territory/Chambers of Commerce. Hence it does not take responsibility of the contents of the documents.
Outsourcing of receipt and Delivery of Documents. As a result to outsourcing of receipt and delivery of documents for attestation/Apostille with effect from July 2012, no document is directly accepted from individuals at the Ministry of External Affairs Counter at CPV Division, Patiala House Annexe, New Delhi. The original document/true copy is to be submitted directly to any of the four outsourced service providers along with a photocopy of the document and a photocopy of the Passport of the applicant. It would be pertinent to point out that the Ministry does not legalize photocopies. Applicants are advised not to rely on unauthorised persons/touts for Apostille or Attestation services.
Decentralization of Attestation/ Apostille Services. W.e.f. January 01 2019, Attestation/Apostille services have been decentralized to Branch Secretariats/RPOs in 15 cities Ahemdabad, Bengaluru, Bhopal, Chennai, Chandigarh, Cochin, New Delhi, Guwahati,, Hyderabad, Kolkata, Lucknow, Mumbai, Panaji, Raipur and Thiruvanantapuram. The contact details of these RPOs and the collection centres of the four service providers in these 15 cities are as given above.NORKA ROOTS, a public sector company under the Department of Non-Resident Keralite Affairs, Government of Kerala is authorized to submit documents for Attestation/Apostille by RPO, Thiruvanantapuram .
Applicants are requested to approach their respective Branch Secretariats/RPOs as enumerated above through the four outsourced service providers for obtaining the requisite services of apostille/attestation as required.
Fees for Apostille and Normal Attestation
MEA: A fee of Rs 50 is payable for Apostille of document. (W.e.f 21 December 2016, payment by means of postal orders has been discontinued.) Normal Attestation is done free of cost.
Outsourced agencies: As the Ministry of External Affairs (MEA) is not accepting documents directly from the applicant/individual, all documents for the purpose of Attestation/Apostille by MEA are to be submitted and collected from the four designated outsourced agencies. The fee chargeable by the outsourced agencies per document for its collection and delivery for Apostille/normal attestation by MEA will be Rs. 90/- (Service Fee) and Rs 3 per page (Scanning Fee) .
For more information, suggestions or any grievance please contact:
Attestation Section/Apostille Cell Ministry of External Affairs Jawahar Lal Nehru Bhawan, Janapath Marg, New Delhi-110011. Telephone : 011-49018403 (Attestation) 49018404 (Apostille) CPV Division Ministry of External Affairs Patiala House Annexe, Tilak Marg New Delhi -110001 Fax: 011-23782821 Email: uscpv@mea.gov.in
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