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Monday, October 27, 2008

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Wednesday, October 1, 2008

India Business Law News

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REAL ESTATE INVESTMENT FUNDS ALLOWED IN INDIA

SEBI in India has allowed domestic asset managers to launch funds investing directly in real estate. As per SEBI, these funds shall be close-ended with units listed on stock exchanges, and the net asset values of the funds must be made public every day.

Such real estate investment funds should invest at least 35 percent of their funds directly in real estate assets and the rest in mortgage-backed securities and instruments of firms engaged in the sector. They can invest up to 25 percent of their corpus in other securities, according to the statement. "Taken together, investments in real estate assets, real estate-related securities... shall not be less than 75 percent of the net assets of the scheme," SEBI said. The asset managers should get the assets valued every 90 days.

More information: Hedge Funds in India

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IT COMPANIES MOVING TO SMALLER CITIES IN INDIA

Indian IT companies are relocating to smaller cities, as the unabated rise of the rupee against the US dollar continues to eat away at their profits. More and more IT companies are relocating to tier-II and tier-III cities such as Chandigarh, Lucknow, Kochi, Varanasi, Mohali, Jamshedpur, Allahabad, Dehradun and Mysore to lower operational costs by about 15 per cent.

The trend is particularly noticeable among BPO units based in Gurgaon, Bangalore, Hyderabad, Delhi, Noida, Chennai and Kolkata according to a recent report.

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SEBI TAKES ACTION AGAINST COMPANIES FOR NONE-COMPLIANCE

Indian market regulator Securities and Exchange Board of India (SEBI) initiated proceedings against 20 listed companies, including five public sector entities, for violating corporate governance regulations.

The regulator has started adjudication proceedings against the companies on the basis of quarterly reports received from stock exchanges regarding compliance with Clause 49 of the Listing Agreement that deals with corporate governance, a SEBI release said. SEBI began proceedings against the five public sector companies for not appointing adequate number of independent directors on their board.

As per the Clause 49, at least one-third of the board of a listed company should comprise of independent directors if the chairman is a non-executive director. Otherwise, half of the board should comprise of independent directors. As far as private sector firms are concerned, proceedings have been initiated against three companies for non-compliance.

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India Stock Exchanges Opened to Foreign Investment

The Indian government on opened up the country's stock exchanges for foreign investment, with a cap of 49 per cent.

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IRDA to permit insurance company to set up of liaison offices in India

The Insurance Regulatory and Development Authority (IRDA) has been authorized to permit insurance companies registered outside India to set up liaison offices in the country.

The existing procedure for grant of permission by RBI for opening of an office by an insurance company registered outside India has been revised in consultation with the Government of India and it has been decided that hence forth such permission would be granted by IRDA.

In this context a “Liaison Office” would mean a place of business to act as a channel of communication between the Principal place of business or Head Office by whatever name called and entities in India but which does not undertake any commercial/ trading/ industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel.

Persons desirous of opening liaison offices shall apply to the Insurance Regulatory and Development Authority. The applicant company shall be required to comply with the terms and conditions of the General Permission granted by RBI under the Foreign Exchange Management Act, 1999 and any other law in force.

The permission for opening of liaison office in India by an insurance company registered outside India are subject to the terms and conditions as may be additionally stipulated by the Authority from time to time.

For more information please Contact us

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India Tightens Data Protection Law


The Indian government this week approved amendments to the Information Technology Act (2000) aimed at making life more difficult for IT criminals. Under the new law, fines of over US$1 million can be imposed on companies and individuals who fail to stop data theft and the leakage of personal information. The amendments also aim to combat phishing (e-mail fraud), identity theft, video voyeurism and other types of computer crime. The National Association of Software and Service Companies (Nasscom) and leading IT companies are pleased with the amendments. According to an expert "India continues to be comparatively more secure. A research conducted in 2005 found that there were more security breaches in the UK and the US than in India."

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Some Foreign Multinational Corporations found in violation of Foreign Exchange laws of India

Some US Multinational Corporation Doing Business in India were among 11 multinational corporations, whose Indian operations were found guilty of violating foreign exchange regulation by an Appellate Tribunal in India.

In its ruling earlier last week, Appellate Tribunal for Foreign Exchange also confirmed a penalty of Rs 361.20 million imposed by Enforcement Directorate (ED) on them, official sources said.

Terming this as an important case for the Directorate of Enforcement, they said violation by the Indian arms of the foreign companies related to payment of salaries to their expatriate employees working here in foreign currency. This was done without the permission of the Reserve Bank of India.

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India Cyber law require compliance by companies

The India Information Technology Act was passed six years ago. However most of the companies are still unaware of the strict provisions of the law.

As a recent case of bazee.com showed - the CEO of the company was held responsible for, and arrested, for explicit content put up for auction on his portal - and are thus exposed to serious liabilities.

The cyber law mandates all companies to have an information technology security policy. This documents the architecture of the network, the roles and responsibility of employees, security parameters and authorization required for data access, among other things. Other compliances that are required include relate to retention and authentication of electronic records and security of data.

Only a handful of companies have such a policy in place. It is high time that companies comply with cyber laws. Ignorance of law is no excuse.

All the Indian companies and all foreign companies doing business in India, either directly or indirectly, should comply with this law.

Contact us for setting up a cyber laws compliance program

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Doing Business with India Conference in USA

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Export Import Procedures & Documents Conference In USA

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Future News

A new law to allow "Limited Liability Partnership" (LLP) in India is expected to be introduced in the monsoon session of the Parliament of India.
The Bill to replace the existing Indian company law is expected would be introduced in the winter session of the Parliament.

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Recovering Money in the USA

In USA money can be recovered by litigation or arbitration depending upon the type of agreement between the parties. The legal system in USA is highly specialized. Watch this space for more information.

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No Unsolicited Calls to Mobile Phones in India

The Delhi High Court restrained telemarketers from making unsolicited calls to mobile phone users, irrespective of the fact whether or not they are registered with the DND facility.

60 lakh register Nearly 60 lakh mobile subscribers have enrolled with the National-Do-Not-Call (NDNC) registry within just 10 days of its launch to avoid getting unsolicited sales calls from telemarketers.

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DO NOT CALL LIST IN INDIA FOR TELEMARKETERS

India's telecom regulator Telecom Regulatory Authority of India (TRAI) unveiled the "Telecom Unsolicited Commercial Communications Regulations 2007", putting in place a mechanism to curb unwanted telemarketing calls.

The new directive allows subscribers to list their landline and mobile numbers under the National Do Not Call (NDNC) database and opt out of receiving any Unsolicited Commercial Communications (UCC), including SMS (short messaging service).

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Legal News

Latest Legal News - 'Domestic Violence Act'

Domestic violence Act: No retrospective effect - Times of India
Domestic violence Act : No retrospective effect Times of India, India - 17 Sep 2008 PANAJI: If domestic violence has occurred before the Domestic Violence Act was notified, then any such incident cannot come under purview of the Act. ... 50 cases of women exploitation filed MorungExpress all 2 news articles
Publ.Date : Wed, 17 Sep 2008 20:14:20 GMT

Violent crime up 47% since Labour became Govt - Scoop.co.nz (press release)
Violent crime up 47% since Labour became Govt Scoop.co.nz (press release), New Zealand - 4 hours ago "After promising at the last election that they would change the Domestic Violence Act , they this week finally fronted up with a bill - after Parliament had ...
Publ.Date : Wed, 01 Oct 2008 01:42:53 GMT

'Add misuse clause in sexual harassment bill' - Times of India
'Add misuse clause in sexual harassment bill' Times of India, India - 29 Sep 2008 NEW DELHI: With complaints pouring in against pro-women legislation like the Domestic Violence Act and more recently Section 498A, the law ministry has ...
Publ.Date : Mon, 29 Sep 2008 23:15:12 GMT

Landhoni rues multiplying number of widows in state - KanglaOnline
Landhoni rues multiplying number of widows in state KanglaOnline, India - 28 Sep 2008 Landhoni was speaking as the president at a one-day consultative meeting on effective implementation of Domestic Violence Act , 2005 held at Wangbal ...
Publ.Date : Mon, 29 Sep 2008 03:14:09 GMT

National meet of Save Indian Family activists - Merinews
National meet of Save Indian Family activists Merinews, India - 27 Sep 2008 Then Section 498A, Indian Penal Code (45 of 1860) in 1983 and the very recent Protection of Women from Domestic Violence Act , 2005, was passed in 2006. ...
Publ.Date : Sat, 27 Sep 2008 11:01:10 GMT

Gov’t Making “Mess” Of Laws - The Bahama Journal
Gov’t Making “Mess” Of Laws The Bahama Journal, Bahamas - 25 Sep 2008 The government has proposed amendments to the Sexual Offenses and Domestic Violence Act that would give judges discretionary power to impose a maximum ...
Publ.Date : Fri, 26 Sep 2008 04:06:08 GMT

DOWSU Personnel Asked To Be Professional - Ghanaian Times
DOWSU Personnel Asked To Be Professional Ghanaian Times, Ghana - 21 hours ago The two-day workshop on the theme: " Domestic Violence Act and its implementation", seeks to equip the personnel with new skills in tackling issues of ...
Publ.Date : Tue, 30 Sep 2008 08:57:15 GMT

Kanimozhi makes a point - Sify
Sify Kanimozhi makes a point Sify, India - 28 Sep 2008 But I wish to remind you that it is an offence under the Domestic Violence Act . I wish this scene was not there in the film or else have a card inserted in ... Closer to reality, please! Express Buzz all 2 news articles
Publ.Date : Mon, 29 Sep 2008 06:02:49 GMT

Abuse bill good in theory, but they better work on it - The Trentonian
Abuse bill good in theory, but they better work on it The Trentonian, NJ - 27 Sep 2008 But should "impairing communication" really become the 15th form of domestic violence under the Prevention of Domestic Violence Act ? ... Lawmakers: Domestic abuse bill "cowardly" The Trentonian all 4 news articles
Publ.Date : Sun, 28 Sep 2008 04:30:44 GMT

Law School Buzz, Legal News, Latest from Law Schools

April 18, 2008: GNLU students initiative, International Law Journal- Invitation for contributions (more)

January 20, 2008: Louis M. Brown Client Counselling & Interviewing Competition - KLE Society's Law College: Invitation for National Rounds (more)

December 07, 2007: GLC, Mumbai announces the D.M. Harish Memorial Government Law College International Moot Court Competition, Feb. 8-10, 2008 (more)

December 07, 2007: HNLU in association with Competition Commission of India organises the 2nd Justice M Hidayatullah Memorial Moot Court Competition to be held between 25 Jan and Jan, 2008 (more)

August 14, 2007: National Law School of India Review - Volume 20 - invitation for submissions by the Student Advocate Committee of NLSIU (more)

August 11, 2007: IJCL 2008 - invitation for submissions (more)

July 17 2007: GNLU inaugurates Legal Service Clinic (more)

July 17 2007: The 7th Henry Dunant Memorial Moot Court Competition (more)

April 4 2007: "The Future of Human Rights" - a book-conversation with Professor Upendra Baxi at Christ College of Law (more)

April 4 2007: Student Bar Review - Nani Phalkivala Taxation Law Essay Competition - send in your entries by May 31 (more)

December 30: National Client Counseling Competition 2006-2007, NLSIU Bangalore (more)

December 26: BCIT Moot Court Competition 2006, NLIU Bhopal (more)

December 14: HNLU organises the first "Justice Hidayatullah Memorial National Moot Court Competition" on 26th, 27th and 28th, Jan 2007 More

November 9: NLSIU's Le'Gala 2006 Inter-Collegiate Fest More

November 3: Penn Law's Scholarship for Indian LL.M Aspirants Read details here

October 25: Income Tax Appellate Tribunal Moot: Details of the GLC moot here!

October 25: 8th D.M. Harish Memorial Moot: Read details here!

October 25: Grading of IPOs: Is it worth the trouble? - By Tomu Francis (Read the article)

October 6: Seervai Essay Competition - Ananth Padmanabhan's winning entry! (Read the essay)

September 30: Lotus LPO: Recruitments open (more)

August 31: NALSAR Hosts the Critical Legal Conference 2006 (more)

August 24: The British Council, India invites you to stay uptodate on the latest legal news and developments in India and the UK. (Learn More)

August 24: The International Museum of Women (IMOW) invites you to be a part of 'Imagining Ourselves' an online global exhibit. (Learn More)

August 3: Seminar on Mergers and Acquisitions: A seminar organised by Manupatra. (Learn more)

July 31: Indian Journal of Constitutional Law (IJCL) - An initiative of the NALSAR Constitutional Law Society. (Learn more)

July 24: Mumbai college students to wear white on July 26th (More)

July 24: Why McKinsey hired from National Law School - sify.com (Read the article)

June 21: Hemant Krishna V. of NUJS, Kolkata writes on the beginning of the mooting season in his college (Read the article)

June 8: Read the SZABIST Law Review Online! (more)

June 8: A Response to the India Today Rankings from some NUJS Alumni (more)

June 6: LST's official response to the India Today rankings. (more)

May 19: The Clifford Chance global magazine talks on the interest of British Law Firms to be present in the Indian market. (read the article - jpg 151 kb)

May 3: The Economic Times reports on how this year, law graduates from NLSIU have got record high salaries up to 9 lakhs per annum. (read the article)

April 28: Law and [Im]Possibilities of Democratic Social Transformation - a South Asia Round Table on Law, State and Contemporary Social Movements - April 30 - May 1, 2006 at NLSIU, Bangalore (view poster)

April 13: Proffesor Upendra Baxi joins Judges Panel for Lawstudent.in and SBR National Essay Competition! (more)

April 10: Yes, you WILL be affected! The national law schools will be affected by the new reservation policy next year - (NDTV report)

Apr 06: It's a moot, Mr. Spaceman - Sachin's account of the Manfred Lachs Space Law Moot in March at NLSIU Bangalore (Read)

Apr 03, 2006: Justice Michael Kirby of the Australian High Court, and Montek Ahluwalia, join the panel of luminaries associated with the SBR and Lawstudent.in National Essay Competition! (more)

Mar 27, 2006: Pakistan to implement the NLS model: five National Law Universities to be set up, five-year integrated programme to be introduced! (more)

Mar 18, 2006: NUJS students have recently launched 'Writers' Block', a college newsletter. See the February cover page!

Mar 17, 2006: The NLSIU team has won the National Client Counselling Competition, 2006. (more)

Mar 14, 2006: The 1st NLIU Justice R. K. Tankha Memorial Natural Resources Law Moot Court Competition will be organised at NLIU between March 17-19, 2006. (more)

Mar 08, 2006: GLC gets the better of NLSIU at Amity Moot. (more)

MAR 06, 2006: Student Bar Review. (more)

MAR 06, 2006: Louis M. Brown International Client Counselling Competition. (more)

MAR 04,2006: JCCL Mumbai Law Tryst on 18th and 19th March. (more)

Feb 22, 2006: Latest happenings at the HNLU campus. (more)

Feb 14, 2006: The 2nd D. M. Harish Memorial International Moot Court Competition was conducted on February 11 and 12, 2006. (more)

Feb 09, 2006: The Langkawi All Asians Debating Championship, 2006. (more)

Feb 07, 2006: The Manfred Lachs Space Law Moot Court Competition Asia Pacific, Bangalore India: March 17 to March 19, 2006. (more)

Jan 22, 2006: The November-December 2005 edition of Quirk is now available to read. (more)

Jan 18, 2006: 5th Amity National Moot Court Competition: March 3 to March 5, 2006. (more)

Jan 18, 2006: Second K. K. Luthra Memorial Moot Court Competition (more)

Jan 16, 2006: Quirk: Call for Submissions Jan-Feb (more)

Jan 8, 2006: NLSIU launches the Indian Journal of Law and Technology. (more)

Jan 7, 2006: Dr. I. P. Massey Joins HNLU as Faculty Member (more)

Jan 5, 2006: Quirk: Call for Submissions (more)