Tag Archives: LexCounsel

ILN Today Post

E-COMMERCE ENTITIES IN INDIA – APPLICABLE REGULATIONS

The Ministry of Consumer Affairs, Food and Public Distribution through the Department of Consumer Affairs has issued the Consumer Protection (E-Commerce) Rules, 2020 under the Consumer Protection Act, 2019 vide notification bearing number G.S.R. 462(E) on July 23, 2020 (“E-Commerce Rules”) to regulate the operations of e-commerce entities in India in a fair and transparent manner and to protect the rights and interest of consumers. The gazette copy of the E-Commerce Rules can be accessed here [http://egazette.nic.in/WriteReadData/2020/220661.pdf].

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ILN Today Post

Negotiation/Settlement of Lockdown Wages is a Way Forward Holds Supreme Court

Non-payment or substantial reduction of wages for the period the Indian industry was closed or operating at limited capacity due to COVID-19 despite the Central Government’s order to continue paying wages to workmen during the lockdown period has led to filing of several petitions before the Hon’ble Supreme Court of India.  In  the matter of Ficus Pax Private Ltd. & Ors. Vs. Union of India & Ors. [Writ Petition (C) Diary No. 10983 of 2020] (clubbed with various writ petitions), the Supreme Court has issued interim measures aimed at negotiating and settling the wages to be paid by employers to its employees for the lockdown period pursuant to the order dated March 29, 2020 (“MHA Wage Order”) issued by the Ministry of Home Affairs (“MHA”) in exercise of its powers under Section 10(2)(l) of the Disaster Management Act, 2005 (“DM Act”) and its subsequent withdrawal vide MHA’s order dated May 17, 2020 with effect from May 18, 2020. The settlement, if any, will be without prejudice to the rights of the employers/employees which is the subject of adjudication of the aforesaid petitions.

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ILN Today Post

Can Every Breach or Non-Performance be Justified or Excused on Invocation of COVID-19 as a Force Majeure: Delhi High Court Verdict

COVID-19 has caused tremendous economic loss, delays in project completion, missing of targets and milestones and potential breaches and disputes among contracting parties. Recently, in the matter of Halliburton Offshore Services Inc. vs Vedanta Limited & Anr. [O.M.P (I) (COMM.) No. 88/2020 & I.As. 3696-3697/2020], a petition seeking inter alia restrain on invocation of the bank guarantees issued in favour of the Respondent, the Hon’ble High Court of Delhi considered the issue of invocation of COVID-19 as a Force Majeure condition and held that “Every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a Force Majeure condition”. The Court further observed that it would have to take into consideration various factors to assess whether a party is genuinely prevented or justified in its non-performance due to the epidemic/pandemic.

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CAN SUSUPENSION OF RENT DUE TO LOCKDOWN BE CLAIMED BY A LESSEE?

Judgment: Ramanand & Ors. Vs. Dr. Girish Soni & Anr. [CM APPL. 10847/2020]

Forum: Hon’ble High Court of Delhi (“DHC”)

Judgment delivered on: May 21, 2020

Act/LawIndian Contract Act, 1872 (“ICA”) and Transfer of Property Act, 1882 (“TPA”)

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ILN Today Post

ECONOMIC RELIEF PACKAGE UPDATE

To uplift the economic gloom, the Government has laid out a detailed road map towards building a self-reliant India (Aatma Nirbhar Baharat Abhiyan), with five key pillars identified as Economy, Infrastructure, System, Vibrant Demography and Demand (refer our newsletter of May 14, 2020 at https://lexcounsel.in/wp-content/uploads/2020/05/Newsletter-May-14-2020.pdf). As part of the package, the Finance Minister of India unveiled the first tranche of the economic relief package on May 13, 2020. Under the first tranche of the economic relief package, the Ministry of Finance has focused on Micro, Small and Medium Enterprises (“MSME”), Non-Banking Financial Companies (“NBFC”), Housing Finance Companies (“HFC”) and Micro Finance Institutions (“MFI’), DISCOM’s and Real Estate.

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ILN Today Post

MHA withdraws Order Requiring Compulsory Payment of Wages

The National Disaster Management Authority vide its order dated May 17, 2020 has extended the lockdown till May 31, 2020 but with limited restrictions. Concurrently, the National Executive Committee, Ministry of Home Affairs (“MHA”) vide its order dated May 17, 2020 (“MHA Order”), in exercise of its powers under the Disaster Management Act, 2005, also issued directions and guidelines for implementation of the lockdown measures.

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ILN Today Post

Compendium of Measures taken by the Government of India During COVID 19 Pandemic

To ease the impact of disruption caused by the Coronavirus/COVID-19 pandemic (“Pandemic”), various departments of the Government of India have been issuing directions, advisories, orders and notifications with measures to be undertaken during the Pandemic. To consolidate the plethora of key amendments/modifications/relaxations issued by the Government of India in relation to the Pandemic including the relief package granted by the Ministry of Finance as part of Aatma Nirbhar Bharat Abhiyan, we bring to you, our responses to the frequently asked questions considering the Pandemic and some of the relevant notifications that may be of interest to you.

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ILN Today Post

ECONOMIC RELIEF PACKAGE AND CREDIT SUPPORT FOR BUSINESSES

The Indian economy is currently reeling under a huge setback during the ongoing nationwide lockdown necessitated by the spread of COVID-19 pandemic. To uplift the economic gloom, the Government has laid out a road map towards building a self-reliant India (Aatma Nirbhar Baharat Abhiyan), with five key pillars identified as Economy, Infrastructure, System, Vibrant Demography and Demand. To stimulate the country towards self-reliance, the government has announced a special economic and comprehensive package of INR 20 Lakh Crores which is equivalent to 10% of Indian’s GDP.

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ILN Today Post

COVID19 – RESTRICTION ON FEE HIKE BY PRIVATE SCHOOLS

In the wake of spread of COVID-19 pandemic, India is heading towards a new paradigm in conducting business, running offices, organising social distancing and managing supplies to needy and poor. The current lockdown is crippling Indian economy, making the state and industry coffers empty and also keeping the doors of learning institutions closed till further orders.

The educational institutions, especially private schools and colleges are, however, working overtime to adopt technology to bring online learning modules to the homes of their students. Most schools are conducting online classes, providing assignments, clearing doubts and assuring parents that students will not suffer academic loss. Schools are also continuing to pay staff salaries and raise school fee from parents albeit with various relaxations and with no late fee penalties. However, many parents are facing severe financial hardship which is further compounded by fee hikes announced by various schools. Thus, the Union Human Resource Minister, Mr. Ramesh Pokhriyal urged the private schools to reconsider their decision regarding the increase in the school fee during the academic session 20-21 and ease the fees burden by collecting it on a monthly basis during the lockdown period and directed the state education departments to come-up with a solution that works in the best interest of both the schools and the parents.

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ILN Today Post

FAQs on Companies Fresh Start Scheme, 2020 and LLP Modified Settlement Scheme, 2020

Vide its circular dated March 30, 2020, the Ministry of Corporate Affairs (“MCA”) had introduced the Companies Fresh Start Scheme, 2020 (“CFS Scheme”) and amended the LLP Settlement Scheme, 2020 (“LLP Modified Scheme”) to allow defaulting companies and limited liability partnerships an opportunity to file belated documents, returns etc. without charging of additional fees with respect to the delay in filing and grant immunity from prosecution with respect to such delay. We had, in an earlier update, highlighted the key provisions of the CFS Scheme and the LLP Modified Scheme (available at https://www.mondaq.com/india/shareholders/918732/relaxation-schemes-for-companies-and-limited-liability-partnerships and https://lexcounsel.in/wp-content/uploads/2020/04/Newsletter-April-012020-.pdf).

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