Advocate Rakesh Singh

The   Prevention of Corruption Act, 1988   (No. 49 of 1988) is an   Act   of the   Parliament of India   enacted to combat corruption in government agencies and public sector businesses in   India . Taking a cue from US' Foreign Corrupt Practices Act, 1977, and the UK's Bribery Act, 2010, the government plans to come out with anti-bribery guidelines for companies and their employees while dealing with public servants. The government also proposes to hold commercial organisations responsible in case persons associated with them bribe public servants. These are part of a bigger move to have stricter anti-corruption laws in India - enhanced punishment for bribe givers and bribe takers; speedier completion of trails on corruption cases; extending protection from prosecution to public servants who cease to hold office following retirement, resignation, etc. Also later developments, such as, India ratifying the United Nations Convention Against C...

A pre-nuptial agreement or prenup, as it is commonly called, is a contract entered into by people who are planning to get married. Its content can vary widely, but commonly includes provisions for the division of property and assets should the couple divorce and any rights to spousal support during or after the dissolution of marriage. While this concept is more prevalent in Western countries it is still not very popular in India because marriage as an institution is considered a pious and sacred bond and getting into an agreement prior to marriage does not goes well with the Indian society. Also, opting for such agreements invites social stigma that the couple shares low commitment, and anticipation of divorce even before marriage is both, bad omen and unromantic. Nevertheless, the global publicity about celebrity prenuptial agreements is encouraging people to consider the idea in India. It is therefore essential to understand that while prenuptial agreements might b...

The Tribals of India Lawrence King, a reader at department of sociology at the UK's Cambridge University in a research, funded by UK Economic and Social Research Council, criticized the Government of India for continuing with the Sedition Laws introduced by the British in 1870. The Report further states that The tribals of India suffered first at the hands of the Briti sh Raj and more recently through exploitation by the Indian Ruling elites and Big Business. The Report then delves deep into the health issues and submits that the health of one group, i.e. Scheduled Tribes (broadly speaking indigenous people), is significantly worse than that of any other—including Scheduled Castes (untouchables). In 2005—06, the under-5 mortality rate was 74·3 per 1000 for the general population, 88·1 per 1000 for untouchables, and 95·7 per 1000 for tribal people; Similarly the proportions of undernourished children were 42·5%, 47·9%, and 54·5%, respectively for the said set of peo...

ACP DHOBLE TRANSFERRED AGAIN: Assistant Commissioner of Police Vasant Dhoble is transferred again in four months……the reason…..he tries to implement the law as it is…..Because he tries to uphold the dignity of the constitution….. He was shunted from Social service branch because he tried to enforce law and regulate the working of late night pubs and lounges so they operate as per law……He cleared the tight scrutiny of Bombay High Court and there was not a single instance of officer doing anything in breach of law……Being transferred to Vakola Division in September 2012 he tried to do again for what he is “paid” for…..implement the law as it is….having my personal office in this Vakola division I had personal experience of the impact of the working of this officer…..the roads were broader, since the encroachment were not allowed…. There was a regular vigil and thus encroachers were not ready to put up their ghettos again….if you see the vile parle east area opposite the...

DELHI HIGH COURT HAS RECENTLY STRUCK DOWN THE HIKE IN COURT FEES Noting that the “exorbitant” hike in court fee violated the fundamental right of access to justice and discriminated against poor litigants, the Delhi High Court struck down the Court Fee (Delhi Amendment) Act 2012. “We have held that the Delhi legislative Assembly did not have the legislative competence to amend the Court Fee Act, 1870. We have also held that the Court Fees (Delhi Amendment) Act, 2012, adversel y impacts the Part – III rights and results in violation of Article 38 and 39A of the Constitution of India. For thesereasons…the Court Fee (Delhi Amendment) Act, 2012, is hereby declared as invalid and ultra vires the Constitution and, therefore, struck down,” the bench of Justice Gita Mittal and Justice J R Midha had said. The bench also ordered the government to refund the court fee collected from litigants based on prescriptions contained in the Act. The court held that it was the “constitution...

Aam aadmi party is here to stay: in spite of the near blank and the drubbing, as perceived by many, AAP is here to stay. The recent election results are interesting for more than one reason. The results are beyond imagination and is an eye opener for pokitical pundits. Simply talking of aap, it is clear that you can not ignore them. Politics, more than anything else, is a game of perception. The perception about aap among its leaders and supporters including media was very high after the delhi election and what I call delhi experiment. Therefore all the talk of aap being over is like criticising sachin tendulkar for only making 40 runs and not a century. The decision of the party to contest on all india basis has only strengthened the base of the party. The party today can boast of all india presence and support base. There are number of political parties with ideologies like that of aap but the success of aap is more than that. With 4 MP's from punjab alone and d...

NEW INSIDERS TRADING NORMS: The SEBI has recently replaced almost two decade old SEBI (Prohibition of Insider Trading) Regulations, 1992 with a new regulation in place of existing regulation. The new regulations put in place and strengthen the legal and enforcement framework, align Indian regime with international practices, provide clarity with respect to the definitions and concepts, and facilitate legitimate business transactions. The details are available on the website o f SEBI. NEW LISTING REGULATIONS: On 19th November 2014, SEBI has come out SEBI (Listing Obligations & Disclosure Requirements) Regulations 2014, with comprehensive listing regulations to consolidate listing obligations and disclosure requirements for listed entities across all the below mentioned securities at one place. This would also facilitate better compliance and investor protection. This Regulation would consolidate and streamline the provisions of existing listing agreements ther...

SEBI regulations 2014 comes in to force from today: SEBI (Research Analysts) Regulations, 2014 (“RA Regulations”) were notified in September 2014 and have come into effect from 1st December 2014. These regulations have been introduced to root out any foul play by the research entities analysts or individuals arising out of any conflict of interests. As per these norms, no person shall act as research analyst or research entity or hold itself out as research analyst unless he has obtained a certificate of registration from SEBI under these regulations unless an exemption specifically applies. Proxy advisory firms, which do not provide buy and sell recommendations, are also required to register with the regulator. This regulation not only requires registration of qualified individuals, but also prescribes the code of conduct of research analysts and entities. Strict requirements have been put in place for the minimum educational qualifications of the research analysts ...