Cabinet approves the Commercial Courts, Commercial Division and Commercial Division of High Courts (Amendment) Bill, 2018

The Union Cabinet has approved the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 for introduction in the Parliament.

The Bill seeks to achieve the following objectives:

• The Bill brings down the specified value of a commercial dispute to 3 Lakhs from the present one Crore. Therefore, commercial disputes of a reasonable value can be decided by commercial courts. This would bring down the time taken (presently 1445 days) in resolution of commercial disputes of lesser value and thus further improve India's ranking in the Ease of Doing Business.

• The amendment provides for establishment of Commercial Courts at district Judge level for the territories over which respective High Courts have ordinary original civil jurisdiction i.e in the cities of Chennai, Delhi, Kolkata, Mumbai and State of Himachal Pradesh. The State Governments, in such territories may by notification specify such pecuniary value of commercial disputes to be adjudicated at the district level, which shall 'not be less than three lakhs rupees and not more than the pecuniary jurisdiction of the district court. In the jurisdiction of High Courts other than those exercising ordinary original jurisdiction a forum of Appeal in commercial dispute decided by commercial courts below the level of District judge is being provided, in the form of Commercial Appellate Courts to be at district judge level.

• The introduction of the Pre-Institution Mediation process in cases where no urgent, interim relief is contemplated will provide an opportunity to the parties to resolve the commercial disputes outside the ambit of the courts through the authorities constituted under the Legal Services Authorities Act, 1987 will also help in reinforcing investor's confidence in the resolution of commercial disputes.

• Insertion of new section of 21A which enables the Central Government to make rules and procedures for PIM.

• To give prospective effect to the amendment so as not to disturb the authority of the judicial forum presently adjudicating the commercial disputes as per the extant provisions of the Act.

With the rapid economic development there has been considerable increase in commercial activities and consequent steep rise in number of commercial disputes at domestic and international level. Increase of Foreign Direct Investment (FDI) and overseas commercial transactions have further contributed to a significant increase of commercial disputes.

With a view to address the issue faster resolution of matters relating to commercial disputes and to create a positive image particularly among the foreign investors about the independent and responsive Indian legal system, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted and commercial courts were established at District Levels in all jurisdictions, except in the territories over which the High Courts have original ordinary civil jurisdiction. These five High Courts i.e. the High Courts of Bombay, Delhi, Calcutta, Madras and of Himachal Pradesh, exercise ordinary original civil jurisdiction in regard to territories of cities of Mumbai, Delhi, Kolkata, Chennai and the territory of the State of Himachal Pradesh respectively. In such territories of these High Courts as per proviso to sub-section (1) of section 3 there are no commercial courts at district level and instead Commercial Divisions have been constituted in each of these High Courts.

The specified value of such commercial disputes to be adjudicated by the Commercial Courts or the Commercial Division of High Court, as the case may be is presently Rs. one Crore.

Ease of Doing Business is an index of World Bank which inter alia refers to the dispute resolution environment in a country which facilitates the investors in deciding for setting up of and operation of a business.

Prenuptial Agreements to be the Norm? - Business Standard

Prenuptial agreements in India might not be legally tenable but, increasingly, families are going for these contracts which state the assets of the bride and groom, and the compensation the woman will receive if the marriage turns sour and the couple legally part ways.

“Families are opting for prenuptial agreements to see the intentions of the parties involved, even though the contract is not legally binding,” says senior advocate Mrunalini Deshmukh, who handled divorce cases of many Bollywood celebrities including Aamir and Reena Khan and Karisma Kapoor. She adds that the document is used to tell the court the conditions that the couple had agreed upon when they got married.

It’s not only the wealthy that are drawing up these agreements. Advocate Vandana Shah recently got a couple who asked her to help them draft one such contract. They were both part of corporate world, working in middle management. When she told them it would not have any standing in a court, they said they were making it so that both were clear on the settlement terms if they part ways.

Prenuptials are popular in developed countries such as the US, Australia, France and Germany. But in India, there are Supreme Court rulings which say any contract which has marriage as an object is null and void.

Recently, Maneka Gandhi, minister for women and child development,  recommended to D V Sadananda Gowda, Minister for Law and Justice, to make Prenuptial Agreements mandatory before marriage.

The recommendation was made as many women from lower socio-economic backgrounds have to fight endless battles over alimony, marital ownership of property and assets during divorce.
Deshmukh says, on an average, divorce cases take four to five years to conclude; but many also drag on for over 15 years. She has a client, who is still fighting a legal battle since 1999.

The idea of legalising Prenuptial Agreements has many takers.

Lawyers say it will help reduce the burden of courts. It will also end husbands and wives taking undue advantage of each other and will keep their expectations in check. It will also help solve common reasons for fights or disputes, such as division of property.

Financial planners say it will be a good starting point in a marriage. When drawing a prenuptial agreement, the entire assets, liabilities, business ownerships, among other things, are listed out. This can make both parties aware of each other’s finances before tying the knot.

Even if a prenuptial agreement does not become legal in India, there are a few things every couple should follow while managing their family finances to ensure that things don’t go awry in case they part ways.

Suresh Sadagopan, a certified financial planner, says couples should keep their finances separate and contribute towards expenses in equal proportion. If the husband’s salary is Rs 1 lakh and wife’s is Rs 50,000. They can equally contribute 30 per cent of their income to family expenses.

Shah says couples should keep their bank accounts separate and all investments should be done through individual accounts. This will not only create a trail, but also make calculation of taxes easy.

When buying property, couples should also take the ownership in the asset in proportion to their contribution, Sadagopan says. If the husband is paying 70 per cent of the equated monthly instalment, he should list his share in that proportion.

Source - http://wap.business-standard.com/article/bs/prenuptial-agreements-likely-to-be-mandatory-116020400476_1.html

Ordinance promulgated to amend the Enemy Property Act, 1968

The Enemy Property (Amendment and
Validation) Ordinance, 2016 was promulgated on January 7, 2016.

 The Ordinance amends the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971.
After the India-Pakistan wars of 1965 and 1971, the central government took over the properties (called ‘enemy properties’) of those who migrated from India and became citizens of Pakistan (i.e., ‘enemy’). These properties were vested in the office of the ‘custodian of enemy property’, instituted under the central government.
 The 1968 Act regulates rights over these enemy properties, and the powers of their custodian.
In July 2010, an Ordinance was introduced to amend the Act (subsequently lapsed).

 This Ordinance clarified that the office of the custodian will retain its power over enemy properties, even after the enemy dies, or if the legal heir is an Indian citizen, or the enemy changes his nationality, etc.
The 2016 Ordinance also provides for the same.

In addition, it amends the Act to broaden the definition of enemies. For instance, the Act provided that a citizen of India cannot be considered an enemy. Under the 2016
Ordinance, legal heirs of enemies (even if they are Indian citizens) will be considered enemies.

This will mean they will not be able to inherit enemy properties, or enjoy any benefits arising from them.

The 2016 Ordinance also modifies powers of the custodian of enemy property. For example, it adds the power to fix and collect rent, and evict unauthorised occupants from such properties.

For the purpose of allowing regulation of
unauthorised occupants in case of enemy
properties, the Ordinance also makes some
amendments to the 1971 Act.

The 2016 Ordinance has retrospective effect
from the date of commencement of the 1968 Act. This is to ensure that transfers of enemy property that had taken place before its promulgation are deemed ineffective if they violate its provision. All such properties will continue to vest with the custodian.
For a comparison of the two Ordinances, please see here
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Law ministry lists ways to reduce backlog - A Rehash of the same old Story?

Seems like an Old Read....
Would have helped if the previous Governments had given it a serious thought to Ramp up the Justice Delivery System in India.

From the Times of India dated:Jan 29, 2015, 06.47 AM IST

The law ministry has drawn up a list of good practices followed by some of the high courts (HC) and circulated them recently to chief justices of all HCs to implement the same as part of a common action plan to bring down pendency of cases, particularly those which are older than five years.

Setting up fast track courts, designating a special day in a week for disposal of older cases and adopting a case flow management system are some of the measures the Centre has suggested to all chief justices of high courts to be adopted for reducing pendency.

The government has also highlighted best innovative initiatives undertaken in many other countries to address the backlog. Encouraging pre-trial proceedings by several countries prior to commencement of the trial, court performance measurement and monitoring and mandatory prior notice in civil cases are some of the initiatives suggested.

In the pre-trial proceedings, followed in some countries, a meeting is arranged in chambers between judge, counsel for accused, and the prosecution and specific issues of trial are narrowed down in order to save time.

Regular assessment and monitoring of performance of courts is an effective way to bring about improved efficiency, transparency and accountability in judicial system. The law ministry suggests this could be done by introducing measurement indicators based on globally accepted benchmarks such as leadership and management, court planning and policies, court resources, court proceedings and public trust and confidence.

The government has also suggested mandatory prior notice in civil cases that would help in speedy trials. For this it has mooted a provision similar to section 80 of the Civil Procedure Code (CPC) for all categories of civil cases.

Section 80 of the CPC requires that a litigant must give two months' notice to the concerned party. The government thinks introducing this guideline by the court would help in curtailing unnecessary litigation.

Among the good practices followed by some of the HCs, the Allahabad HC has come in for praise for organizing Lok Adalats regularly during weekends. More than 3.22 lakh cases have been settled in 766 Lok Adalats in the state during March-June 2014. The largest HC in the country has also set up 171 reconciliation and mediation centres in districts with the help of the state government.

These mediation centres have settlement rates of 26%. The HC has also proposed to set up 81 fast track courts for trial of rape cases.

Speakers for the National Law Day 2013

The Speakers at National Law Day 2013 include..

Dr. Subhash C Kashyap Dr. Subhash C. Kashyap (born 10 May 1929) is a former Secretary-General of 7th Lok Sabha, 8th Lok Sabha and 9th Lok Sabha and Lok Sabha Secretariat (Lower House of Parliament of India) from 1984 to 1990. He is well known Political Scientist, expert in Indian Constitution, Constitutional Law, Parliamentary Experts and distinguished scholar.  Ram Jethmalani Ram Jethmalani is an Indian lawyer and politician. He has served in various posts such as Union Law Minister and Chairman of Bar Associations. Ram Jethmalani is known as a legal personality. He completed his law at an early age of 18. He was elected a member of parliament in 6th and 7th Lok Sabha Dr. Daggubati Purandareswari Dr. Daggubati Purandareswari was first elected to the 14th Lok Sabha from Bapatla parliamentary constituency in Andhra Pradesh in 2004 and successfully completed her full term. Subsequently, she contested the general elections of 2009 from Visakhapatnam parliamentary constituency and became victorious with huge majority of votes. From the very initial year she proved to be an effective Nirmala Samant Former Mayor of Mumbai, Nirmala Samant Prabhavalkar is a High Court Advocate, member of India’s National Commission for Women (NCW) and former Chairperson of Maharashtra State Women’s Commission.  Her focus lies in implementing Government Schemes specially formulated for Women and Children in India. Her efforts and contributions for empowering women have an endless list.  Bisheshwar Prasad Singh Honourable Shri Bisheshwar Prasad Singh was appointed as the Chief Justice of Bombay High Court on 31st March 2000. His Lordship was born on 9th July 1942. Studied at St. Xavier’s School, Patna and St. Columbia’s School, New Delhi. Passed his Senior Cambridge Examination in 1958 in 1st Division. Studied at Hindu College Delhi University.  Mahesh Jethmalani Shri Mahesh Jethmalani is a Senior Advocate at Bombay High Court, He completed his Bachelor of Arts from St. Xavier’s College, Mumbai and his Master of Arts from Oxford University. Mr. Jethmalani has appeared in several important cases before Bombay High Court and Supreme Court of India. He has represented the Birla family in the Priyamvada Birla case. He also appeared for Anil Ambani in the Reliance Case.