#quasi-judicial proceedings

[legalstudiesin1]

Securities Appellate Tribunal (SAT) in India: Procedure and Powers

The Securities Appellate Tribunal (SAT) in India is a statutory body established under the Securities and Exchange Board of India Act, 1992. It serves as an appellate authority to hear and adjudicate appeals against the decisions of the Securities and Exchange Board of India (SEBI). Key features of the SAT in India are as follows: Composition: The SAT consists of a presiding officer, who is a…

[beardedmrbean]

The former Yale student who was acquitted of rape in 2018 — but later ousted from the Ivy League institution — can sue his accuser for defamation over statements she made during a school hearing, the Connecticut Supreme Court ruled this summer.

Saifullah Khan, 30, has had a $110 million defamation lawsuit pending against the Ivy League institution since 2019. Khan has been fighting to bring his accuser, a fellow student, into the suit over a 2018 university hearing that eventually resulted in his expulsion.

Connecticut’s high court granted Khan’s request in June. The court ruled that the accuser shouldn’t receive “qualified immunity” from her school testimony that Khan raped her following a Halloween party in 2015.

Qualified immunity protects people from being sued for statements they make in judicial cases or “quasi judicial” cases. But the high court said the university hearing wasn’t a stand-in court proceeding, since Khan wasn’t given the opportunity to cross-examine the accuser.

“For absolute immunity to apply under Connecticut law,” the June decision says, “fundamental fairness requires meaningful cross-examination in proceedings like the one at issue.”

During the hearing, Khan’s team listened to the woman’s testimony from a separate room and never got the opportunity to question her. The court ruling said this left his defense attorney to act as a “potted plant.”

The court also said the Yale hearing couldn’t be considered quasi-judicial because it didn’t make the woman testify under oath and didn’t provide Khan’s side with a transcript of the testimony.

Khan, a native of Afghanistan, started attending the school on a full scholarship in 2012 and majored in neuroscience.

His education was completely derailed after the rape allegations in which the 21-year-old acquaintance claimed that he took advantage of her when she was extremely drunk following an off-campus Halloween costume party.

At trial, Khan’s lawyers argued the encounter was consensual.

Khan was suspended from classes amid the allegations and then returned to school after his 2018 acquittal — despite widespread opposition to his return, including a petition with 78,000 signatures.

He was ultimately kicked out of the school in 2019.

Khan’s lawyer Norm Pattis said: “We are delighted and look forward to trial.”

The accuser’s lawyers didn’t immediately return a request for comment Sunday.

[mariacallous]

TEL AVIV, Israel—Israeli Prime Minister Benjamin Netanyahu is determined to curb the powers of the Supreme Court. Can the court itself stop him?

Earlier this week, the far-right government led by Netanyahu rammed a bill through parliament that undermines the court’s judicial review powers, escalating the monthslong crisis over its larger plan to overhaul the country’s legal system.

Now, as weekly mass protests on the streets continue, thousands of military reservists refuse to report for duty, and global credit rating agencies register deep concern, the showdown moves to the Supreme Court.

Petitions have already been filed by legal and civil society groups against the bill, an amendment to a quasi-constitutional Basic Law that eliminates the Supreme Court’s ability to strike down government decisions and appointments on the grounds of “extreme unreasonableness.”

“The law to abolish the ‘standard of reasonableness’ threatens to give the executive branch power that is not subject to judicial review, and to allow it to govern without restraints and limitations,” read the petition by the Israeli Bar Association. “It is part of the legal plan announced [by the government in January] … that outlined a road map for dismantling the judicial system as it was built in the 75 years of the state.”

The Supreme Court has said it will take up the petition in September, although legal experts believe that date may be moved up (on appeal) to August, with an expanded panel of nine or 11 justices likely to sit in judgement.

The stakes could not be higher: a court weighing in on the legality of a law limiting its own powers, passed in parliament with a clear albeit slim majority, amid a backdrop of hundreds of thousands of citizens on the streets demanding to save the country’s democracy.

“Each and every one of us has a tremendous obligation to continue to resist and to defend with our souls and bodies the Supreme Court so that it can protect us,” the protest movement’s steering committee wrote to supporters via WhatsApp  this week, vowing to escalate what is already the largest and most sustained civic rebellion in Israel’s history.

Such an intervention by the court would be unprecedented. Though justices have struck down regular laws in the past, they have never ruled on the legality of a Basic Law. Israel has a total of 13 Basic Laws, which many legal experts and politicians view as the basis of a proto-constitution—though passing a basic law or an amendment requires only a simple parliamentary majority.

Since the legislation in question is an amendment to a Basic Law, the court would be effectively ruling that the constitutional amendment is unconstitutional, a contortion that law professor Suzie Navot describes as “an unconventional weapon.”

“[The court] has the power to strike down a Basic Law, but it would be the first time. It will be a challenging petition,” said Navot, a vice president at the Israel Democracy Institute, a nonpartisan think tank, hinting at the larger political and social fallout likely at the forefront of justices’ minds.

Presiding over all this is Supreme Court President Esther Hayut, a steely, no-nonsense jurist who earlier this year publicly clashed with the Netanyahu government over its judicial overhaul agenda. Hayut and one other liberal justice are set to step down in October due to mandatory retirement rules at the age of 70, adding further immediacy to the proceedings since the court is then set to tilt more conservative.

Some experts believe that Hayut may, as a legacy move, try to steer the court in the direction of striking down the controversial law, known as the “Reasonableness Bill.”

“Historically, chief justices ahead of retirement are more activist. They may feel they have nothing to lose, and so we’ve seen instances of last-minute courageous rulings,” said Barak Medina, a law professor at Jerusalem’s Hebrew University. “This was in normal times. We’re far away from normal times right now.”

According to several legal experts, Hayut and her colleagues may rely on two relatively unproven precepts of Israeli constitutional law.

The first and more straightforward argument the court may make is on the substance of the law passed this week: that it is simply unconstitutional, despite the fact that Israel has no written constitution.

The court may decide that the law “infringes upon the basic values, the basic principles, of … Israel [as] a Jewish and democratic state,” Navot said.

“If [parliament] enacts a Basic Law that decides that Israel is no longer Jewish … we would have the same discussions that we’re having today. [Parliament] does not have the power, it’s not legitimate, to change the basic structure and values of the state.”

Medina, from Hebrew University, added that the court may view the recent law as undermining Israel’s “core democratic values, like the separation of powers, independence of the courts, and the power of judicial review.”

The second argument the court may deploy would be built not on the substance of the law, but rather on the context within which it was passed and the motivations behind it. In this scenario, according to Medina, the court would strike down the law as “an abuse of the constitutive and legislative power” of parliament, wherein it misused its power for its own individual or political needs.

Legal experts admit the above doctrines are still unclear and untested, although that may change—and soon.

The Supreme Court next week is expected to take up a different petition against another controversial amendment to a Basic Law passed by the Netanyahu government earlier this year. That law makes it harder to declare a prime minister unfit for his position and removed from office.

If the Supreme Court strikes down this law, Medina said, it would “give us a strong indication in which direction Hayut is pulling. It’s a testing ground for the ‘Reasonableness Bill’ petition and could create a precedent for the court.”

The reaction by lawyers representing the government’s position is instructive, arguing in an official written response to the Supreme Court that it does not have the power to strike down a Basic Law.

Netanyahu’s Likud party also deployed the analogy of an “unconventional weapon” in its statement to the media. “If the Supreme Court strikes down a Basic Law, that will be the straw that breaks the camel’s back, and will lead to utter chaos. That is a nuclear weapon that mustn’t be used.”

If the Supreme Court does ultimately strike down the Reasonableness Bill, tensions inside the country between the government and its opponents—already sky-high in the past seven months—would likely surge. Analysts believe the government might choose to not comply with the decision—or to escalate its war against the legal system, moving to legislate the entire removal of all review powers from the courts and government legal advisors. This would likely precipitate a complete constitutional crisis between the branches of government.

“It would bring us closer to an explosion, and a full-on collision,” says Medina, though he added that it may take some time until the government’s noncompliance materializes in practice.

If it does, the chiefs of Israel’s vaunted military, intelligence, and police organs might be forced to take sides—either with the government or the courts. The head of the Mossad foreign intelligence agency, David Barnea, was quoted by Channel 12 News on Monday as telling his subordinates: “If a constitutional crisis unfolds, I’ll be on the right side of history—but we’re not there yet.”

Navot, for her part, hopes that moment never arrives

“If the government does not obey the court, then why should … anybody else?” she said. “I hope we don’t get to that point. But we might.”

Appearing on CNN on Thursday, Netanyahu pointedly refused to say that he would.

“We’ll go into uncharted territory,” he said about the prospect of the Supreme Court striking down the bill. “I really would like to believe they won’t do that. We’re all subject to the rule of law—the prime minister, the parliament, and the judges … everyone is subject to the rule of law.”

[thinkinglegal]

Top 5 Women SEBI Expert Lawyers Shaping India's Securities Landscape

In a legal profession dominated by men, with women comprising only 15.3% of lawyers in India according to government data from 2022, a select few exceptional female SEBI experts are breaking the mould and redefining the industry. These SEBI lawyers are not only shattering stereotypes but also setting new benchmarks of excellence, proving that gender is no barrier to success in the complex world of securities law.

Female SEBI lawyers have consistently demonstrated exceptional skills, knowledge, and dedication, making them indispensable in navigating the intricate regulatory framework. Their remarkable achievements have earned them accolades from peers, superiors, and clients alike, solidifying their status as leaders in the field.

As more women enter this traditionally male-dominated profession, these inspiring individuals serve as role models for the next generation of SEBI lawyers. Their success stories highlight the transformative power of diversity and inclusion, paving the way for a more equitable and representative legal system that truly reflects the diverse voices of the nation.

1. Vasudha Goenka: A Leading Authority Among SEBI Lawyers

Vasudha Goenka, SEBI expert lawyer and a partner at the prestigious Cyril Amarchand Mangaldas firm stands out as a colossus in India's securities regulatory landscape. Her journey from handling contentious proceedings at the regulatory epicentre of SEBI to joining a top-tier law firm has been nothing short of a masterclass in legal excellence.

Goenka's 16 years of experience as a SEBI lawyer has transformed her into a beacon for corporations navigating the labyrinthine world of securities law. Her extensive expertise in quasi-judicial proceedings before SEBI and SAT, coupled with her deep knowledge of various SEBI regulations, has earned her the reputation of being one of the best capital markets lawyers in India.

2. Vaneesa Agrawal: A Leading Authority Among SEBI Lawyers

Vaneesa Agrawal, an expert SEBI lawyer and the founder of Thinking Legal, is a senior securities and corporate lawyer who has made significant strides in the SEBI lawyer space. Her commitment to continuous learning ensures she stays ahead of the curve in the ever-evolving legal landscape. With her extensive experience in advising on setting up angel and venture capital funds to deploying capital across various series transactions, negotiations between GPs and LPs, Vaneesa Agrawal has become a trusted advisor to global funds looking to set up in India.

Ms Vaneesa Agrawal's expertise extends beyond securities laws, as she also advises start-ups and founders through their entrepreneurial journeys. Her unique perspective as a first-generation entrepreneur herself has made her a sought-after counsel in the technology, consumer goods, and financial services sectors. Vaneesa Agrawal's recognition as part of the BW Legal 40 Under 40 Club of Young Achievers and a Leading Individual in Delhi NCR for corporate/M&A work by the Legal 500 is a testament to her exceptional skills and dedication as an expert SEBI and corporate lawyer.

3. Anubha Rastogi: Championing Human Rights and Women's Rights as a SEBI Lawyer

Anubha Rastogi, a Senior Consultant at Ernst & Young (EY), brings a unique perspective to the SEBI expert lawyer landscape. With 21 years of experience in providing survivors of human rights violations access to justice, with a special focus on women's rights, Rastogi's body of work includes a combination of litigation, advocacy, research, capacity building, and law and policy making.

Rastogi's track record of executing her experience cohesively as an individual, in an organisational setup, both corporate and civil, and with the state, has earned her a reputation as an agent of change. Her strong written and verbal skills, combined with excellent research abilities and proven leadership qualities, make her a dominant force in the field of SEBI compliance and advisory for a diverse range of clients, requiring the expertise of a well-rounded SEBI lawyer.

4. Nivedita Nirvikar: A Versatile and Respected SEBI Lawyer

Nivedita Nirvikar, a Senior Software Engineer at Accenture, has proven her mettle as a SEBI expert lawyer with her versatility and depth of knowledge. As a Designated Senior Advocate in the Patna High Court, Nirvikar has exposure to the Supreme Court and other High Courts, handling a wide range of matters, including arbitration, civil, criminal, taxation, and service matters.

Nirvikar's experience in representing the interests of commercial firms across India has made her a valuable asset in the SEBI compliance and advisory space. Her honours and awards, including a Certificate of Appreciation from the Central Excise Department, Ministry of Finance, Government of India, further solidify her standing as one of the top female SEBI lawyers.

5. Pritika Kumar: A Seasoned SEBI Lawyer with a Diverse Practice

Pritika Kumar, a general legal practitioner with nearly 17 years of experience, has made her mark in the SEBI expert lawyer arena. Before starting work independently in 2016, Kumar worked with premier law firms and prominent SEBI lawyers in India, including JSA, Khaitan and Khaitan, and Arun Jaitley.

Kumar's practice areas include general corporate advisory (including FEMA, SEBI, company law, trusts, partnerships, foreign investment, foreign contribution/grants, import, export and tax), regulatory advisory, policy advisory, cross border, criminal investigation, corporate fraud, corruption and anti-bribery, constitutional advisory, property, wealth management, estate and succession planning.

Kumar's diverse client base, ranging from multinational corporations and SMEs to governments, non-profit organizations, foreign law firms, Indian law firms, funds, investors, independent professionals, founders and start-ups, has given her a unique perspective on SEBI compliance and challenges faced by SEBI lawyers.

Conclusion: Empowering Women, Transforming the Legal Landscape

The contributions of these brilliant female SEBI lawyers, Vaneesa Agrawal, Vasudha Goenka, Nivedita Nirvikar, etc. extend far beyond their individual accomplishments. They are symbols of empowerment, inspiring women across India to pursue their dreams and break free from societal constraints. By shattering glass ceilings and redefining the standards of excellence, they have opened doors for countless others who aspire to make their mark in the legal profession.

As the legal landscape continues to evolve, the success stories of these top female SEBI lawyers serve as a testament to the power of resilience, determination, and unwavering commitment. They have not only achieved personal success but have also paved the way for a more inclusive and equitable legal system, one that truly reflects the diversity and strength of India's legal talent.

[college-girl199328]

Earlier this month, while on vacation in Greece, Andrew and Anna Dyczkowski learned that Air Canada was taking them to court.

Nearly four years earlier, the B.C. couple had filed a complaint with the Canadian Transportation Agency (CTA), the quasi-judicial tribunal and regulator that has jurisdiction over various aspects of the transportation system in Canada.

The complaint was centered around a January 2020 flight that the couple says was delayed for 24 hours. Nearly four years later, the CTA ruled that Air Canada owed the Dyczkowskis $1,000 each and gave the airline until the end of December to pay.

Instead, Air Canada has opted to challenge the ruling in Federal Court. If the airline is successful, the couple fears they could be out for more than just the $2,000 compensation they received — they could also be on the hook for Air Canada’s legal costs.

Andrew says they followed the steps outlined by the Canadian Transportation Act to apply for compensation. He said he wasn’t aware that they could find themselves embroiled in a legal situation as a result.

The legal fallout is a result of changes the federal government made to the Canadian Transportation Act last year. The amendments were intended to “clarify, simplify and strengthen consumer protection for air passengers.” They also gave new powers to the CTA to help clear a backlog of more than 45,000 complaints.

Dyczkowski’s case is raising concerns that the new rules may disproportionately favor airlines, which can afford to engage in lengthy court proceedings and place financial risks on passengers.

The Dyczkowskis case is believed to be the first instance where an airline has used the amendments to contest a CTA decision, an outcome that Gabor Lukacs, president of Halifax-based consumer group Air Passenger Rights, had long predicted.

Among Lukacs’s concerns is the shift to a confidential adjudication process — typically seen in legal disputes for resolving issues or making decisions away from the public eye. He fears this process could be less transparent and potentially infringe upon fundamental rights, like the right to a fair hearing.

Previously, passengers and airlines dissatisfied with CTA decisions could apply to the Federal Court of Appeal, which offered a more limited scope for review. The process acted as a filter against meritless appeals, as the CTA’s factual findings were binding and generally not open to further appeal. Lukacs says that is no longer the case following the amendment.

He suggests that passengers are better off taking their case to small claims court rather than dealing with the CTA. Lukacs previously told a House Committee that Canada’s Air Passenger Protection Regulations (APPR) are “essentially a sham,” and “written by the airlines for the airlines.”

For its part, Air Canada said it’s appealing the decision not to avoid paying its customers, but to seek clarification from the Federal Court on how the CTA should operate under its new powers, including understanding the level of proof or evidence the CTA needs to handle complaints effectively.

Air Canada also said that the question of legal costs is a standard statement in a litigation claim but, in this case, it does “not intend to claim costs against the passengers.”

Previously, the CTA resolved claims through an informal process, seeking clarifications from involved parties about complaints and then offering explanations to the complainants. Under the new process, the CTA has hired Complaint Resolution Officers (CROs) to manage claims who are issuing decisions more quickly, rather than facilitating resolutions between parties.

[prominentlawfirm]

NCLT Lawyer in Chandigarh: Navigating Corporate Legal Challenges with Prominent Law Firm

The National Company Law Tribunal (NCLT) plays a crucial role in resolving corporate disputes and insolvency matters in India. For businesses facing legal challenges in Chandigarh, having a reliable legal partner is essential. This article explores the significance of NCLT lawyers in Chandigarh and highlights the expertise of "Prominent Law Firm" in navigating complex corporate legal issues.

Understanding NCLT and Its Significance:

The National Company Law Tribunal is a specialized quasi-judicial body in India that adjudicates matters related to companies and corporate disputes. It plays a pivotal role in resolving issues such as insolvency, mergers and acquisitions, and disputes between stakeholders. NCLT lawyers are legal professionals specializing in corporate law and possess the knowledge and skills required to navigate the intricacies of the tribunal.

Role of NCLT Lawyers in Chandigarh:

In Chandigarh, businesses often encounter legal challenges that require the expertise of NCLT lawyers. These challenges may include insolvency proceedings, disputes among shareholders, or issues related to corporate governance. NCLT lawyers play a crucial role in representing clients before the tribunal, ensuring compliance with relevant laws, and advocating for their interests.

Prominent Law Firm: A Trusted Partner in Corporate Legal Matters:

"Prominent Law Firm" stands out as a reputable legal partner for businesses in Chandigarh facing NCLT-related issues. The firm's team of experienced NCLT lawyers is well-versed in corporate law and has a proven track record of successfully handling a wide range of cases before the tribunal.

Expertise in Insolvency Proceedings:

One of the key areas of expertise at Prominent Law Firm is handling insolvency proceedings before the NCLT. The firm's lawyers have a deep understanding of the Insolvency and Bankruptcy Code (IBC) and are adept at guiding clients through the intricacies of the insolvency resolution process. From filing insolvency petitions to representing creditors and debtors in NCLT proceedings, Prominent Law Firm ensures comprehensive legal support.

Dispute Resolution and Shareholder Disputes:

Navigating disputes among stakeholders is another forte of Prominent Law Firm. The firm's NCLT lawyers are skilled in resolving conflicts related to corporate governance, minority rights, and shareholder disputes. By providing strategic legal counsel, the firm aims to protect the interests of its clients and achieve favorable outcomes in NCLT proceedings.

Commitment to Client Success:

Prominent Law Firm is distinguished by its unwavering commitment to client success. The firm takes a client-centric approach, tailoring legal strategies to meet the specific needs and goals of businesses in Chandigarh. With a focus on communication, transparency, and diligent representation, Prominent Law Firm has earned a reputation for being a trusted legal ally in the corporate sector.

Conclusion:

Navigating NCLT proceedings in Chandigarh requires specialized legal expertise, and "Prominent Law Firm" stands out as a reliable partner for businesses facing corporate legal challenges. With a team of skilled NCLT lawyers, the firm is well-equipped to address a wide range of issues, from insolvency proceedings to shareholder disputes. Businesses seeking effective legal representation in Chandigarh can confidently turn to Prominent Law Firm for comprehensive and strategic solutions to their corporate legal matters.

[bhattandjoshiassociates-blog]

How to Appeal Against SEBI Orders: A Guide for Intermediaries

What are SEBI Orders and Why Do They Matter? The Securities and Exchange Board of India (SEBI) is the regulator of the securities market in India. It has the power to issue orders against intermediaries who violate the provisions of the SEBI Act or the regulations made thereunder. Intermediaries are entities or persons who perform various functions or services in relation to securities, such as brokers, sub-brokers, merchant bankers, underwriters, portfolio managers, investment advisers, depositories, custodians, etc. SEBI orders can have serious consequences for intermediaries, such as suspension or cancellation of registration, debarment from accessing the securities market, imposition of monetary penalty, etc. Therefore, it is important for intermediaries to know how to appeal against SEBI orders and protect their rights and interests. What are the Types of SEBI Orders and How Are They Passed? SEBI orders can be broadly classified into two types: quasi-judicial orders and administrative orders. Quasi-judicial orders are passed by SEBI or its adjudicating officers after following a due process of law, such as issuing show cause notices, conducting inquiry or adjudication proceedings, giving opportunity of hearing, etc. Administrative orders are passed by SEBI or its designated authorities without following a formal procedure, such as issuing directions, circulars, guidelines, etc. Quasi-judicial orders are passed under various provisions of the SEBI Act or the regulations made thereunder. For example, SEBI can pass an order under Section 11B of the SEBI Act for issuing directions to any intermediary or any person associated with the securities market in the interest of investors or securities market or for the due compliance with the provisions of the Act or rules or regulations made thereunder. Similarly, an adjudicating officer can pass an order under Section 15-I of the SEBI Act for imposing penalty on any intermediary or any person associated with the securities market for contravention of any provision of the Act or rules or regulations made thereunder. Administrative orders are passed under various powers conferred by the SEBI Act or the regulations made thereunder. For example, SEBI can pass an order under Regulation 11 of the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 for initiating investigation into any matter relating to insider trading. Similarly, a designated authority can pass an order under Regulation 25 of the Securities and Exchange Board of India (Intermediaries) Regulations, 2008 for initiating disciplinary proceedings against any intermediary for non-compliance or misconduct. How to Appeal Against Quasi-Judicial Orders? If an intermediary is aggrieved by a quasi-judicial order passed by SEBI or its adjudicating officer, it can appeal to the Securities Appellate Tribunal (SAT) under Section 15T of the SEBI Act. The SAT is a statutory body that hears appeals against the orders of SEBI or its adjudicating officers. Here are some steps to file an appeal before the SAT: - The appeal has to be filed within 45 days from the date of receipt of the order. However, the SAT may condone the delay if it is satisfied with the reasons for the delay. - The appeal has to be filed in Form A as prescribed in the Securities Appellate Tribunal (Procedure) Rules, 2000. A copy of the order appealed against has to be attached along with other relevant documents and evidence. - A fee of Rs. 1,500 has to be paid for filing the appeal. The fee can be paid by demand draft or postal order in favor of the Registrar, Securities Appellate Tribunal, payable at Mumbai. - A copy of the appeal along with all the annexures has to be served to SEBI or the adjudicating officer who passed the order. A proof of such service has to be filed with the SAT. - The case has to be presented before the SAT either in person or through an authorized representative. A request for a personal hearing can also be made before the SAT. - The SAT will hear the appeal and pass an order either confirming, modifying, or setting aside the order appealed against. The SAT may also remand the matter back to SEBI or the adjudicating officer for fresh consideration. How to Appeal Against Administrative Orders? If an intermediary is aggrieved by an administrative order passed by SEBI or its designated authority, it can file a representation before SEBI under Regulation 29A of Chapter VIA (Procedure for Action in Case of Default) of Part II (General Obligations) of Schedule I (General Regulations) to Securities Contracts (Regulation) Rules 1957 (“SCRR”). Here are some steps to file a representation before SEBI: - The representation has to be filed within 21 days from the date on which the order is served on the intermediary. However, SEBI may extend the time limit for filing the representation on sufficient cause being shown by the intermediary. - The representation has to be filed in writing along with supporting documents and evidence. The representation has to state the grounds on which the order is challenged and the relief sought from SEBI. - The representation has to be addressed to the Chairman of SEBI and sent to the concerned division of SEBI that passed the order. - SEBI will consider the representation and pass an order either confirming, modifying, or setting aside the order challenged by the intermediary. SEBI may also give an opportunity of hearing to the intermediary before passing the order. What are the Other Remedies Available? If an intermediary is not satisfied with the order passed by SAT or SEBI on its appeal or representation, it can further challenge the order before the Supreme Court of India under Article 136 of the Constitution of India. The Supreme Court has the power to grant special leave to appeal against any order passed by any court or tribunal in India. However, this power is discretionary and exceptional and is exercised only in cases involving substantial questions of law or public interest. Alternatively, an intermediary can also file a writ petition before the High Court under Article 226 of the Constitution of India. The High Court has the power to issue writs for the enforcement of any fundamental right or any other legal right. However, this power is also discretionary and extraordinary and is exercised only in cases involving violation of natural justice, jurisdictional error, or manifest illegality. Conclusion about SEBI orders SEBI orders are important for ensuring compliance and discipline in the securities market. However, they can also affect the rights and interests of intermediaries who are subject to them. Therefore, intermediaries should be aware of how to appeal against SEBI orders and avail the remedies available to them. This article provides a brief overview of the types of SEBI orders, the procedure for appealing against them, and the other options for challenging them. However, this article is not intended to be a substitute for legal advice and intermediaries should consult a qualified lawyer before taking any action.     Read the full article

[officewebmaster315]

Navigating the Path to Financial Justice with a DRT Jabalpur Attorney

In the rapidly evolving world of finance and commerce, disputes and debt-related issues have become more frequent than ever. In India, the Debt Recovery Tribunal (DRT) plays a vital role in resolving such matters and ensuring financial justice prevails. For the residents of Jabalpur, Madhya Pradesh, a DRT Jabalpur lawyer is a trusted legal professional who can provide indispensable guidance and representation in these specialized legal proceedings. This article sheds light on the significance of a DRT Jabalpur lawyer and the critical role they play in safeguarding the interests of individuals and businesses alike.

Understanding the DRT and its Role:

The Debt Recovery Tribunal is a quasi-judicial body established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Its primary function is to resolve disputes and adjudicate matters related to the recovery of debts due to banks and financial institutions. The DRT plays a crucial role in ensuring the timely and efficient resolution of these disputes, protecting the interests of both creditors and debtors.

The Role of a DRT Jabalpur Lawyer:

A DRT Jabalpur lawyer is a legal expert with specialized knowledge and experience in debt recovery laws and procedures. Their primary role is to represent their clients before the DRT and advocate for their rights and interests. Whether an individual or a business entity is facing debt-related issues, a skilled DRT Jabalpur lawyer can be their greatest asset in navigating the complex legal process.

Expertise in Debt Recovery Laws: DRT Jabalpur lawyers possess an in-depth understanding of the relevant laws, including the Recovery of Debts Due to Banks and Financial Institutions Act, as well as the various provisions and amendments related to debt recovery. This knowledge allows them to formulate strong legal arguments in support of their clients' cases.

Guidance on the DRT Process: The debt recovery process can be overwhelming and confusing for those unfamiliar with legal proceedings. A DRT Jabalpur lawyer can guide their clients through each step of the process, explaining the necessary documentation, deadlines, and requirements.

Representation and Defense: A skilled DRT lawyer is adept at representing clients during hearings and presenting their case persuasively. They can also defend their clients against any allegations brought forth by creditors, ensuring their clients' rights are protected.

Negotiation and Settlements: In some cases, it may be advantageous to reach a settlement rather than engaging in prolonged litigation. A DRT Jabalpur lawyer can negotiate with the opposing party to arrive at a fair settlement that aligns with their clients' best interests.

Appeals and Post-Judgment Actions: If a party is dissatisfied with the DRT's decision, they may seek further legal recourse through appeals. A DRT Jabalpur lawyer can advise their clients on the viability of appeals and represent them in higher courts if necessary.

In conclusion, a DRT Jabalpur lawyer plays a pivotal role in safeguarding the financial interests of individuals and businesses in Jabalpur. With their expertise in debt recovery laws and their ability to navigate the complex legal processes of the DRT, they provide invaluable support to their clients. Whether it's representing clients during hearings, negotiating settlements, or pursuing appeals, their dedication to pursuing financial justice makes them indispensable allies for those facing debt-related challenges in Jabalpur, Madhya Pradesh.

[sciencenoworgau]

To foreclose on a home equity loan in the state of Texas, a lender must resort to a quasi-judicial process. Before proceeding with a nonjudicial foreclosure, the lender must first […]

[corporate-lawyer]

How Can An Nri File Fraud Case Against Any Indian Company ?

The following article explains about different methods to resolve a dispute, the court proceedings, etc. in case a company or firm is suing or is being sued by an NRI.

An NRI may file a case in the court of relevant jurisdiction. Many states in India  have also constituted commercial courts which address disputes with transaction value of more than Rs 1 crore. 

Dispute Resolution Methods used in jurisdiction to resolve large commercial disputes-

In addition to the methods of Arbitration and Litigation, some other methods like Mediation or Conciliation can also be used before or during the proceedings to resolve a dispute.

Disputes with value of Rs 3,00,000 or more can also be heard by designated Commercial Courts under the Commercial Courts Act, 2015. These commercial disputes could be due to 

Financing transactions

Franchising

Import or export of goods or services

Admiralty or maritime law

IPRs

Joint venture or shareholder agreements

Almost all  huge commercial contracts have an arbitration clause, which provide for the preference of the parties to arbitration rather than a lengthy court case. In India, an arbitration proceeding should be completed within 12 months. 

Limitation Period in the proceedings of the court- 

Many claims under the contract are subjected to a limitation period of three years.

Courts addressing the contract disputes.

Civil court’s jurisdiction is determined by the value involved in the dispute i.e. the pecuniary jurisdiction and the territorial jurisdiction. 

Special tribunals have been provided with powers to deal with  issues of specific nature.

National Company Law Tribunal (NCLT) deals with the  disputes of the shareholder , cases of oppression and the mismanagement, other company related claims, etc.

Competition Commission of India- deals with the anti-trust or competition law disputes.

Debt Recovery Tribunal- deals with the proceedings related to debt recovery by the banks or certain financial institutions. 

Lawyers who have the right of audience to conduct cases in courts having jurisdiction over the large commercial disputes.

Lawyers enrolled with any of the State Bar Councils in India have the right of audience in the courts, tribunals and quasi-judicial bodies subject to some exceptions. 

Specialist tribunals also allow non-lawyers to represent their clients, for example NCLT allows the Company Secretaries, Chartered Accountants or cost accountants to conduct the cases. 

In addition parties could be represented by themselves in court proceedings, also the court may permit a person not enrolled as an advocate to appear before them as per the Advocates Act, 1961. It is, however, advised to seek the assistance of experienced Corporate Lawyers In Delhi or a Corporate Lawyers In Gurgaon or your city to represent you in the courts, as they will have a better understanding of the legal provisions involved. 

The Supreme Court in a recent judgement has ruled out the representation of foreign lawyers or law firms to offer legal service in the country on a permanent basis. They may offer advice in casual visits only which shall not amount to regular practice of law. 

A foreign lawyer could also be permitted to appear in India-seated arbitrations and shall be governed by the code of conduct applicable to Indian Lawyers.

Conclusion-

Any civil suit brought upon the company based in India, should be governed as per the provisions provided by the country. If there is a provision in the contract signed by the parties to sort out any dispute through the process of arbitration or court proceedings in a particular court, all you have to do is follow the procedure of respected law.

 Thus, the proceedings must remain the same. It is, thus, advised to seek the advice of experienced Corporate Lawyers In Noida, so as to have a better understanding of the legal procedures involved in your case.

Lead India offers you a team of experienced advocates who have been successfully dealing with various civil suits and can provide you with the required legal assistance or advice related to your case. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.

SOURCE:-

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Corporate Lawyers In Delhi,Corporate Lawyers In Gurgaon,Corporate Lawyers In Noida

[thinkinglegal]

Top 5 Women SEBI Expert Lawyers Shaping India's Securities Landscape

In a legal profession dominated by men, with women comprising only 15.3% of lawyers in India according to government data from 2022, a select few exceptional female SEBI experts are breaking the mould and redefining the industry. These SEBI lawyers are not only shattering stereotypes but also setting new benchmarks of excellence, proving that gender is no barrier to success in the complex world of securities law.

Female SEBI lawyers have consistently demonstrated exceptional skills, knowledge, and dedication, making them indispensable in navigating the intricate regulatory framework. Their remarkable achievements have earned them accolades from peers, superiors, and clients alike, solidifying their status as leaders in the field.

As more women enter this traditionally male-dominated profession, these inspiring individuals serve as role models for the next generation of SEBI lawyers. Their success stories highlight the transformative power of diversity and inclusion, paving the way for a more equitable and representative legal system that truly reflects the diverse voices of the nation.

1. Vasudha Goenka: A Leading Authority Among SEBI Lawyers

Vasudha Goenka, SEBI expert lawyer and a partner at the prestigious Cyril Amarchand Mangaldas firm stands out as a colossus in India's securities regulatory landscape. Her journey from handling contentious proceedings at the regulatory epicentre of SEBI to joining a top-tier law firm has been nothing short of a masterclass in legal excellence.

Goenka's 16 years of experience as a SEBI lawyer has transformed her into a beacon for corporations navigating the labyrinthine world of securities law. Her extensive expertise in quasi-judicial proceedings before SEBI and SAT, coupled with her deep knowledge of various SEBI regulations, has earned her the reputation of being one of the best capital markets lawyers in India.

2. Vaneesa Agrawal: A Leading Authority Among SEBI Lawyers

Vaneesa Agrawal, an expert SEBI lawyer and the founder of Thinking Legal, is a senior securities and corporate lawyer who has made significant strides in the SEBI lawyer space. Her commitment to continuous learning ensures she stays ahead of the curve in the ever-evolving legal landscape. With her extensive experience in advising on setting up angel and venture capital funds to deploying capital across various series transactions, negotiations between GPs and LPs, Vaneesa Agrawal has become a trusted advisor to global funds looking to set up in India.

Ms Vaneesa Agrawal's expertise extends beyond securities laws, as she also advises start-ups and founders through their entrepreneurial journeys. Her unique perspective as a first-generation entrepreneur herself has made her a sought-after counsel in the technology, consumer goods, and financial services sectors. Vaneesa Agrawal's recognition as part of the BW Legal 40 Under 40 Club of Young Achievers and a Leading Individual in Delhi NCR for corporate/M&A work by the Legal 500 is a testament to her exceptional skills and dedication as an expert SEBI and corporate lawyer.

3. Anubha Rastogi: Championing Human Rights and Women's Rights as a SEBI Lawyer

Anubha Rastogi, a Senior Consultant at Ernst & Young (EY), brings a unique perspective to the SEBI expert lawyer landscape. With 21 years of experience in providing survivors of human rights violations access to justice, with a special focus on women's rights, Rastogi's body of work includes a combination of litigation, advocacy, research, capacity building, and law and policy making.

Rastogi's track record of executing her experience cohesively as an individual, in an organisational setup, both corporate and civil, and with the state, has earned her a reputation as an agent of change. Her strong written and verbal skills, combined with excellent research abilities and proven leadership qualities, make her a dominant force in the field of SEBI compliance and advisory for a diverse range of clients, requiring the expertise of a well-rounded SEBI lawyer.

4. Nivedita Nirvikar: A Versatile and Respected SEBI Lawyer

Nivedita Nirvikar, a Senior Software Engineer at Accenture, has proven her mettle as a SEBI expert lawyer with her versatility and depth of knowledge. As a Designated Senior Advocate in the Patna High Court, Nirvikar has exposure to the Supreme Court and other High Courts, handling a wide range of matters, including arbitration, civil, criminal, taxation, and service matters.

Nirvikar's experience in representing the interests of commercial firms across India has made her a valuable asset in the SEBI compliance and advisory space. Her honours and awards, including a Certificate of Appreciation from the Central Excise Department, Ministry of Finance, Government of India, further solidify her standing as one of the top female SEBI lawyers.

5. Pritika Kumar: A Seasoned SEBI Lawyer with a Diverse Practice

Pritika Kumar, a general legal practitioner with nearly 17 years of experience, has made her mark in the SEBI expert lawyer arena. Before starting work independently in 2016, Kumar worked with premier law firms and prominent SEBI lawyers in India, including JSA, Khaitan and Khaitan, and Arun Jaitley.

Kumar's practice areas include general corporate advisory (including FEMA, SEBI, company law, trusts, partnerships, foreign investment, foreign contribution/grants, import, export and tax), regulatory advisory, policy advisory, cross border, criminal investigation, corporate fraud, corruption and anti-bribery, constitutional advisory, property, wealth management, estate and succession planning.

Kumar's diverse client base, ranging from multinational corporations and SMEs to governments, non-profit organizations, foreign law firms, Indian law firms, funds, investors, independent professionals, founders and start-ups, has given her a unique perspective on SEBI compliance and challenges faced by SEBI lawyers.

Conclusion: Empowering Women, Transforming the Legal Landscape

The contributions of these brilliant female SEBI lawyers, Vaneesa Agrawal, Vasudha Goenka, Nivedita Nirvikar, etc. extend far beyond their individual accomplishments. They are symbols of empowerment, inspiring women across India to pursue their dreams and break free from societal constraints. By shattering glass ceilings and redefining the standards of excellence, they have opened doors for countless others who aspire to make their mark in the legal profession.

As the legal landscape continues to evolve, the success stories of these top female SEBI lawyers serve as a testament to the power of resilience, determination, and unwavering commitment. They have not only achieved personal success but have also paved the way for a more inclusive and equitable legal system, one that truly reflects the diversity and strength of India's legal talent.

[best-law-colleges]

How do law colleges promote legal aid services through their curriculum?

In our country, getting justice is expensive, requiring hefty financial expenditures from each party. Free legal advice on all issues is known as "legal aid." It also refers to the representation of the poor in administrative, judicial, and quasi-judicial proceedings. This technique involves the poor and downtrodden segments of society and helps the students get hands-on training for the future. 

Camps are organised to provide free legal services to underprivileged communities, which, in other words, are denied any justice. Moreover, the services also create awareness around free and just procedures.

Students gain knowledge of the issues that people face and how to solve them while planning a camp. They must interact with the public, and during those interactions, they work to resolve people's issues by putting different legal provisions into practice. If the issue is complicated, they refer it to the District Legal Services Authority's attorneys.

These awareness campaigns also include door-to-door outreach, in which students go to stores, markets, and other public places to inform people about the cell's founding and the services it provides. Any person with a legal issue of any kind is welcome to contact the Legal Aid Cells and request assistance from some of the following student-provided services: 

Program for legal literacy: The Indian community lacks a basic knowledge of legal principles. Legal knowledge is essential if we want to establish a just social order. ILS has run education programmes in its surrounding area for the past forty years.

With the assistance of social groups, social workers, Gram Panchayats, village Sarpanches, school administrations, Mahila Mandals, Rotary Clubs, etc., legal literacy initiatives are carried out. Villages, farmers, slum residents, women, girls in school, social workers, teachers, labourers, etc., are among the target demographics. The programmes are often need-based, and the target group is provided with the legal knowledge that will be most useful to them. In response to their inquiries, customers are advised to get in touch with the centre for assistance if necessary.

Promulgate legal advice: Anyone in need of legal assistance or counsel on a matter is welcome to contact the free legal aid groups of law colleges. Students advise faculty/panel lawyers on the subject after consulting with them.

Provide resolution: The students represent customers in front of quasi-judicial bodies like the Consumer Forum, where they are permitted to do so. This is done in accordance with the Consumer Clinic of the College. Clients are directed to the District Legal Services Authority when students cannot represent themselves.

Dispute resolution: When a party comes to the Center with a complaint about someone else, the centre students call the opposing party and, after hearing all sides, attempt to resolve the issue peacefully or by compromise, discussions, or conciliation. In the event of failure, underprivileged customers receive litigation support. The cases are typically referred to college graduates active in various courts.

Lok Adalats: Through the Legal Aid Centre, college students can participate in Lok Adalats held at the District courts and High Courts. They can also actively participate in the proceedings of the Lok Adalats by reading cases and observing the sessions. Lok Adalats have been established under the Legal Services Authority Act, 1987, to lessen the burden on the judiciary by taking charge of matters involving minor issues and lesser offences, such as insurance, automobiles, labour and industrial disputes, etc.

Public Interest Litigation: Students exposed to the community's issues went to the High Court and filed Public Interest Litigations. Such lawsuits were only brought as a last resort following a thorough investigation and the submission of pertinent requests to the relevant government agencies. 16 PILs have been successfully filed in the High Court by the legal aid cells thus far.

All B.COM LLB colleges must get an affiliation from the District Legal Services Authority at a District Court. These initiatives work to make access to justice a reality for the average person while also teaching students in a way unmatched by the many skills needed to be a lawyer and not included in other academic programmes. Most students enjoy participating in legal aid work, encouraging graduates to keep participating in the activities.

[reidio-silence]

In the meantime, Republican reformers, unaware of what they had spawned, decided to press on with their campaign against the miscreant metropolis. Utterly heedless of the possible impact on even sympathetic Democrats, they proceeded to pass two acts, on April 15 and 16, 1857, that drew a moral line and provided the muscle to make the city toe it.

Their new Liquor Excise Law was an attempt to circumvent judicial decisions that had stymied their 1855 effort at straight-out prohibition of alcohol. The act required saloonkeepers to obtain a license. Applicants had to submit, to a Board of Excise Commissioners, vouchers attesting to their good moral character signed by thirty resident freeholders (those with absolute ownership of an estate), post a bond, and provide boarding facilities and stables. The Herald surmised such requirements would force out of business thirteen of every fourteen saloons in the city, and probably ninety-nine of every hundred in the lower wards where few freeholders lived. The law also banned the sale of liquor on Sunday or election days, further foreclosing working-class access to spirits, and—in a quasi-feminist intervention into hitherto sacrosanct family life—provided that on a wife’s complaint, a husband could be put on a list of known drunkards to be distributed to all liquor dealers.

Republicans, perfectly aware that if enforcement was left to New York’s current municipal leadership (i.e., Mayor Wood) it would swiftly become a dead letter, passed a complementary piece of legislation, the Metropolitan Police Act, which shifted effective control of the force from the (Democratic) mayor to a Metropolitan Police Commission controlled by (chiefly Republican) state appointees. The new law also dropped the requirement that officers serve in the ward where they resided, seeking (as had London) to sever the connections between cops and communities. The new commissioners—whose domain included Kings, Richmond, and Westchester counties as well as Manhattan—were given tremendous powers. Not only had they authority to enforce the Sunday closing laws, but they had complete control over the election machinery of New York and Brooklyn.

— Mike Wallace and Edwin G. Burrows, Gotham: A History of New York City to 1898 (1998)

[azspot]

Respectful of Protestant moral and theological decorum, Hayek and Mises declined to engage in an overt assault on Christianity. Intended for the eyes of conservative intellectuals, their market cosmology was assimilated selectively and judiciously by the right-wing intelligentsia. (As Corey Robin has suggested, the reactionary mind seldom displays any adamantine commitment to orthodoxy when power and money are at stake.) What scandalized conservatives such as William F. Buckley, Jr. about Ayn Rand was not that she disavowed religion but that she conspicuously violated the theological politesse that was an essential ingredient of the postwar red-baiting conservative creed.

Rand’s open and pugnacious atheism is central to understanding her novels and philosophical treatises, all of which comprise an appallingly coherent worldview of pecuniary ontology. Scorning Christianity as “the best possible kindergarten of communism,” she vilified charity as a vice, an insidious affront to the productive and meritorious who, like Atlas, bore the undistinguished masses on their backs. “The ultimate viciousness of charity,” she mused, lay in its disregard for achievement as a criterion of human worth. Ignoring the “actual worth” of people—a value determined solely in the marketplace—the charitable cast pearls before the mediocre swine, bestowing “the moral or spiritual benefits, such as love, respect, consideration, which better men have to earn.”

Yet Rand then proceeded to create another religion. She was indeed a “goddess of the market,” as Jennifer Burns has dubbed her, and both she and her pet market catechism—which went by the typically heroic and immodest name of Objectivism—have spawned a large and acerbic exegetical canon. Descriptions of Objectivism as a “religion” or a “cult” began almost with the movement’s inception, and the interpretive imbroglio between the two main Objectivist bodies—the Ayn Rand Institute and the Institute for Objectivist Studies—is as bitter as any denominational dispute among the most convicted prophets of Protestant apocalypse. All the tell-tale elements of cult-worship were clearly there: a venerated founder; quasi-ritualized conversion experiences (many former Objectivists speak of moments of “epiphany”); sacred texts (passages of which are often memorized and cited in a manner similar to evangelical “proof- texting” of the Bible); and internecine factional and personal squabbles (the most acrimonious being that between Rand and Nathaniel Branden, her former second-in-command and paramour). Objectivism certainly shows strong structural affinities with other personality-driven brands of improvisational postwar faith such as Scientology. (Jeff Walker, author of the ham-handed but illuminating The Ayn Rand Cult, likens Rand to Mary Baker Eddy, L. Ron Hubbard, and Werner Erhard.)