ADDENDUM : How to deal with anxiety ? [-]
"Worrying is carrying tomorrow's load with today's strength- carrying two days at once. It is moving into tomorrow ahead of time. Worrying doesn't empty tomorrow of its sorrow, it empties today of its strength." - Corrie ten Boom

"Man is not worried by real problems so much as by his imagined anxieties about real problems" - Epictetus

"Okay, so, flying," I started, taking a deep breath and focusing on the thing I loved most in the world. "Flying is … great. It feels great when you're doing it. It's fun. Pure freedom. There's nothing better." Dylan smiled, a slow, easy smile that seemed to light up his whole face. "So the first thing we're going to do," I told him, "is push you off the roof." - James Patterson, Fang

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“Once you go on welfare it changes you. Even if you get off welfare, you never escape the stigma that you were a charity case. You're scarred for life.”
- Jeannette Walls, The Glass Castle

Be in the vanguard of battle for rights and
welfare of people : President to law students

Thesynergyonline Legal New Bureau

NEW DELHI, AUGUST 28 : “Philanthropy is almost the only virtue which is sufficiently appreciated by mankind. Nay, it is overrated….; and it is our selfishness which overrates it.”
― Henry David Thoreau, Walden

The President of India, Mr Pranab Mukherjee, addressed the 24th Annual Convocation of National Law School of India University (NLSIU), Bangalore on Sunday (August 28, 2016).

Even if you get off welfare...

Man becomes great exactly in the degree..

Ronald Reagan :

Helen Keller :

The President Pranab Mukherjee

"I propose that ..."

 

Addressing the students the President said legal fraternity especially students of law, must be in the vanguard of the battle for the rights and welfare of our people. Universities like NLSIU must take the lead in meeting contemporary challenges and ensuring that our civilizational values of love for motherland, performance of duty, compassion for all, tolerance, pluralism, respect for women, honesty in life, self-restraint in conduct, responsibility in action and discipline are fully entrenched in young minds.

The President called upon the students to read, learn and formulate views on national issues. He said a democracy cannot be healthy without informed participation. It is not enough to merely vote periodically. It requires effective implementation. He called upon the students to be the change that they seek through participation in all matters relating to governance and the state.

He said engage with our beautiful, complex, often difficult and sometimes noisy democracy. Help strengthen and refine legal and political institutions. He asked them to pass on what they have learned and help others understand their rights as well as responsibilities. Help the nation create better citizens who are able to access all the opportunities that our country and society offer.

At each increase of knowledge, as well as on the contrivance of every new tool, human labour becomes abridged. Charles Babbage

SCOPE holds 2-day conference
on Labour Law Reforms

 
Thesynergyonline Legal News Bureau

Dr. U.D. Choubey, Director General, SCOPE addressing the Conference on the Management of Contract Labour and Labour Law Reforms.  

SHILLONG , JULY 15 :
Labour was the first price, the original purchase - money that was paid for all things. It was not by gold or by silver, but by labour, that all wealth of the world was originally purchased.- Adam Smith

Two-day Conference on Management of Contract Labour  and Labour Law Reforms was organized by Standing Conference of Public Enterprises (SCOPE) here on Friday where large number of representatives from public sector enterprises participated. Several aspects of contract labour and possible reforms for their minimum wages and social security were discussed. On this occasion, dignitaries also released the Special Issue of Kaleidoscope Magazine on Labour Law Reforms.

While speaking in the inaugural session, Dr. U.D. Choubey, Director General, SCOPE complimented Government of India for their attempt to build on over 40 number of the laws and regulations with regard to labour to practically four regulations in line with the speech delivered by Prime Minister   on the occasion of Independence Day celebrations last year wherein he emphasized for “clear and precise” law.

Dr. Choubey also emphasized full cooperation by State Governments with Centre for bringing out homogeneity for labour law reforms, particularly, in view of the fact that labour is under concurrent list of the Centre and States in the Constitution of India.  Migration of labour and supply chain management of goods and services was also deliberated calling for a review in the policy of protectionism by developed nations so that there is free flow of product and services.

  The programme was inaugurated by Prof. M. Sridhar Acharyulu, Information Commissioner, Central Information Commission. Mr. Bipin Mallick, IAS, Additional  Secretary & DG (Labour Welfare),  Ministry of Labour & Employment also addressed the inaugural session.

 


Once your mindset changes, everything on the outside will change along with it."
Man is not a circle with a single center; he is an ellipse with two focii. Facts are one, ideas are the other."
― Victor Hugo, Les Misérables

 

Amendments to the Arbitration Act could
boost investors' confidence in India

Thesynergyonline Legal News Bureau


NEW DELHI, JULY 11 : Man is not a circle with a single center; he is an ellipse with two focii. Facts are one, ideas are the other."
― Victor Hugo, Les Misérables

And so Mr. Justice S.S. Nijjar, Former Judge, Supreme Court of India and currently governing body member of the ICA, today lamented that courts were increasingly interfering in awards passed by arbitrators, frustrating the very purpose of having an alternative dispute resolution system.
In his keynote address at the Seminar on 'International arbitration in India: Changes & Challenges', organized by Indian Council of Arbitration (ICA), he opined that arbitration should be the mainstream dispute mechanism and a substitute of the justice system. If India, is to be seen as a country having a mature and efficacious arbitration regime, arbitration should be treated as an independent mechanism.

He suggested for a change in mindset or paradigm shift amongst all the stakeholders to see functioning of arbitration as an effective arbitration resolution process. It is a full-fledged dispute redressal mechanism and capable of resolving the disputes in a manner to satisfy all the parties concerned and minimize any further litigation. The amendments to the Arbitration & Conciliation Act, 1996 are salutary with an aim to make India an attractive investment destination, but it may not be possible to adhere to all the strict standards prescribed.

He further emphasized that amendments to the Arbitration Act could boost investors' confidence in India. He advocated for rigorous adoption of the amendments for better international arbitration practices, for making India as a global investor hub.

Justice Nijjar said in view of the arbitration being a complex process involving pleadings, oral submissions and evaluation of facts, the time-limits fixed in the amendments would be too harsh to maintain or adhere to.

He appealed to consumers of arbitration to look at institutional arbitration as way forward rather than arbitration done in an ad-hoc manner and the lawyers to work towards making it a full time profession if we have to emerge as the prominent arbitration hub.


Mr. N.G. Khaitan, President, Indian Council of Arbitration (ICA) stated that the problems hindering the working of successful arbitration in India are manifold. All stakeholders – Arbitrators, Judges, Lawyers and parties to arbitration should make collective efforts to change the general attitude towards Arbitration.

 

Mindset [-]
"A tornado of thought is unleashed after each new insight. This in turn results in an earthquake of assumptions. These are natural disasters that re-shape the spirit."

He appealed for making institutional arbitration a practice and not a part time activity.

World Bank partners with Indian Council of Arbitration for Dispute Board services in India

Click to show. Click to hide. Click to show/hide. [India is the largest borrower of the World Bank]  

Thesynergyonline Legal News Bureau

NEW DELHI, JUNE 23 :
Dispute Board (DB) system is a concurrent mechanism for resolution of dispute before arbitration/litigation. The Dispute Board (DB) usually consists of three experts, who are experienced, respected, and impartial, acceptable to both the parties and conversant with the nature and complexity of the work involved.

The DB is organized before construction begins and meets at the jobsite periodically. DB
Members are provided with the contract plans and specifications, become familiar with the
project procedures and the participants, and are kept abreast of job progress and
developments. The DB process helps the parties to head off problems before they escalate into
major disputes. The system has been highly effective in most parts of the world.
In India, however a perception have developed that the DB system is not implemented as
envisaged and as a result is not effective.

There is not much respect for the system of DB, whose decisions/recommendations are routinely rejected, and taken to arbitration, which is far more time consuming as also costlier, resulting in delays and cost overruns in project deliveries.

The World Bank has been advocating the use of the DBs as an effective and speedy means to resolve dispute in infrastructure projects so as to minimize, if not eliminate, the delays and consequent cost overruns. However, the DB system had lost its value mainly because of the mindset of the parties which led to treating the system lightly.

" India is the largest borrower of the World Bank with about 100 projects under implementation with loan commitment of about US$ 27 billion.

Contractual disputes delay the implementation of the contracts as well as increase the cost and thus adversely impact development outcomes from Projects. Even though Dispute Boards (DB) are less legalistic, less adversarial, less time consuming and less costly, DBs are not popular in India and very few government agencies use them. Even in those contracts where DBs are mandatory, Parties to the Contract resist constituting DBs or try to bypass them.

  • World Bank has partnered with Indian Council of Arbitration (ICA) to introduce some improvements in DB to make them more popular and acceptable in India. This is a very important initiative as institutional DRB option (to be offered by ICA) would be available not only for Bank funded projects but also for projects funded by other sources,."said Mr. Shanker Lal, Senior Procurement Specialist, World Bank
  • The concept of institutional support to DB system is new in this country. Under this system, the institution will provide various services for organizing empanelment of DB members, as well as updating the list of DB members from time to time, provide names of DB out of maintained panels, provide a continuous platform for training of all stakeholders including the functional employees and operating staff of the employer, the contractor and the engineer's organizations, giving guidance on issues and problems faced in the operation of DBs, assisting the parties by appointments to vacancies in the DB as per contract conditions. The institution will also monitor whether this DB is performing its functions as stipulated and as expected and point out deficiencies, if any, and improvements required by DBs and also standardizing the procedure for functioning of DBs.

    ICA has consequently empaneled nearly 200 experts in different trades. Besides the first training program for the empaneled DB members as also for several other professionals in the field have also been completed. Empanelment as well as training both are ongoing processes and will be continued from time to time.

    The Institutional DB services, launched this day, along with standardizing of its operations and training of DB members, holds a promise to build up confidence among all stakeholders in the DB mechanism and usher the system in a new era of timely resolution of disputes.
    ICA has thus become the pioneering institution in providing Institutional Dispute Board services in India.

     

    "Be an advocate for the people and causes important to you, using the most powerful tool only you have—your personal stories."
    ― John Capecci and Timothy Cage

    UNICEF India launches public advocacy
    campaign 'Fair Start' for every child

    Thesynergyonline Legal News Bureau

     

    NEW DELHI, MAY 25 :
    "You may have come to advocacy on your own, it may be part of your job or you may have been asked to "put a face" on a campaign by serving as its spokesperson. You may be acting as a lone crusader or as part of a larger advocacy effort. Either way, you share an objective with all other advocates: to have your story move audiences from apathy to empathy to action."
    ― John Capecci and Timothy Cage, Living Proof: Telling Your Story to Make a Difference

    And so UNICEF India on Wednesday unveiled the 'Fair Start' film as part of a (social) media campaign that will focus on persisting inequities that large groups of children in India face, affecting their survival, growth and development. A series of impactful films will give an insight into the lives of millions of children from various backgrounds, who are full of potential but less likely to grow up healthy and safe, less likely to attend school , less likely to learn, and more likely to be married as children.

    "Advocating well with a personal story is not a call to simply "Insert Story Here."
    ― John Capecci and Timothy Cage, Living Proof: Telling Your Story to Make a Difference

    Introducing the film, Caroline Den Dulk, Chief, Advocacy & Communication, UNICEF India said, "Every child deserves a fair start in his/her life and deserves adequate nutrition, education, sanitation, protection and health care. The campaign draws attention to the lives of many children who are deprived of these basic rights, often at times determined simply by where they are born. Every child should have a fair and equal chance in life, irrespective of their caste, ethnicity, gender, poverty, region or religion."

    UNICEF works closely with the Government of India and many other partners to curb the situation of the most vulnerable and deprived children, ensuring that each child born in this vast and complex country gets the best start in life, thrives and develops to his or her full potential.

    Every Child deserves a #FairStart. Currently, 6.1 million children in India are out- of -school ; around 10 million children are engaged in work in India ; close to 3500 children die every day before reaching age 5 ; 42 per cent of tribal children in India are stunted in their growth and development ; and almost half the population of India, about 564 million people still practice open defecation .Girls in India deserve an equal chance in life too, but on an average 2.22 million girls marry early every year in India , and 23 per cent girls between 15-19 years of age experience physical or sexual violence .

    "Often the issues faced are immensely complex in nature and cut across all layers of society", said Mrs. Den Dulk. "To make change happen a mind-shift is required. The #FairStart campaign aims at engaging the larger public in a debate and for everyone to see they have a role to play to make sure every child can have a fair chance in life".
    The 'Fair Start' films were produced with the participation of a group of children who brought their own daily reality to the film set.

    "We have made this film with a lot of love and we hope you like it. Help us get a fair start, life. We deserve a #FairStart"

    "The #FairStart campaign was quite a remarkable and prestigious project to work on for me, as well as the entire team. at avant garde Films. The most memorable thing was working with such wonderful kids from 'Bigger Than Life' NGO. They played cast and crew really well. For me, and I am sure for everyone who was a part of this project, it would be the most memorable experience and will be close to our hearts forever" – Abhishek de, avant-garde films.

    Crew:
    Sahil: Camera man - Sahil is a 14 year old enthusiastic boy who is interested in sports and music. He is an avid cricket fan and wants to pursue cricket as his profession. He has a mother and a sister who love him. His father passed away 3 years back. He helps his uncle in laundry work. Sahil goes to an English medium school.

    Suraj: Art Director - Suraj is 10 years old. He has 3 sisters and 2 brothers. His mother works very hard selling corn. He helps his mother at her work. His father is an alcoholic and fights at home. Suraj wants to become a scientist when he grows up.
    Shawn: Camera Man / Director - Shawn is 15 years old. He has 6 siblings. Since his father has left home and mother keeps unwell he has taken up the responsibility to work and earn money for his home. So he goes everyday to clean gutters. He does not go to school but wants to. He is good at football. He is very helpful and caring by nature.
    Belinda: Costume - Belinda is 13 years old. She goes to a municipal school. She is Shawn's sister. She works at home after school hours. She is a very shy girl but aspires to become an office accountant when she grows up.

    ADVOCACY [-]
    What does it mean to be an advocate? In its broadest sense, advocacy means "any public action to support and recommend a cause, policy or practice." That covers a lot of public actions, from displaying?a bumper sticker to sounding off with a bullhorn. But whether the action is slapping something on the back of a car or speaking in front of millions, every act of advocacy involves making some kind of public statement, one that says, "I support this." Advocacy is a communicative act. Advocacy is also a persuasive act. "I support this" is usually followed by another statement (sometimes only implied): "...and you should, too." Advocacy not only means endorsing a cause or idea, but recommending, promoting, defending, or arguing for it. - John Capecci and Timothy Cage, Living Proof: Telling Your Story to Make a Difference
     

    Let Panama papers noise not drown out legal overseas transactions: ASSOCHAM

    Thesynergyonline Legal News Bureau



    '',
    FEAR OF LAW
    "I have gained this by philosophy … I do without being ordered what some are constrained to do by their fear of the law." - Aristotle
    CONFINES OF LEGALSYSTEM
    "Do things that make you happy within the confines of the legal system." - Ellen DeGeneres, Seriously... I'm Kidding
    LAW IS HARD
    "The Law is hard, but it is the Law." ? Cassandra Clare, City of Glass
    LEGAL RIGHT TO EXECUTE
    "And although I broke a lot of laws as a teenager, I straightened out immediately upon turning eighteen, when I realized the state had a legal right to execute me." - George Carlin, Brain Droppings
    NUMEROUS LAWS
    The more corrupt the state, the more numerous the laws." - Tacitus, The Annals of Imperial Rome
    JUSTICE
    "Justice? -- You get justice in the next world. In this one you have the law." - William Gaddis, A Frolic of His Own
    LAWYER
    "The minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer." - Will Rogers
    LAW IS A CHARIOT WHEEL
    "No great idea in its beginning can ever be within the law. How can it be within the law? The law is stationary. The law is fixed. The law is a chariot wheel which binds us all regardless of conditions or place or time. " - Emma Goldman, Anarchism and Other Essays
    LAW APPLIED TO EXTREME
    "Law applied to its extreme is the greatest injustice" - Marcus Tullius Cicero, On Duties
    BAD BILLS
    "It is much more important to kill bad bills than to pass good ones." ? Calvin Coolidge
    SOURCE OF CRIME
    "The source of every crime, is some defect of the understanding; or some error in reasoning; or some sudden force of the passions. Defect in the understanding is ignorance; in reasoning, erroneous opinion." - Thomas Hobbes, Leviathan
    LAWS ARE ENFOREABLE
    "When mores are sufficient, laws are unnecessary; when mores are insufficient, laws are unenforceable." - Émile Durkheim
    RULE OF LAW
    "When the Rule of Law disappears, we are ruled by the whims of men." ? Tiffany Madison
    LAW IS ODD THING
    ""But the law is an odd thing. For instance, one country in Europe has a law that requires all its bakers to sell bread at the exact same price. A certain island has a law that forbids anyone from removing its fruit. And a town not too far from where you live has a law that bars me from coming within five miles of its borders." - Lemony Snicket, The Bad Beginning
     
    NEW DELHI, APRIL 11 : In the backdrop of screaming headlines on the 'Panama Papers' and some prominent Indian entities and individuals figuring among them, as much as $1.32 billion (about Rs 9,000 crore) was remitted out of India in a perfectly legal way under the RBI's Liberalised Remittance Scheme (LRS), apex industry body ASSOCHAM stated today.

    Of $1.32 billion remitted by individual residents in the fiscal 2014-15, the maximum remittance took place under the 'Gift' head ($403 million), followed by 'Studies abroad' ($277.1 million) and 'Maintenance of close relatives' ($174 million). Investment in equity/debt amounted to $195.5 million, according to the RBI data accessed by the ASSOCHAM Economic Research Bureau.

    "Instead of seeing all the remittances abroad with a needle of suspicion in the context of the so-called Panama Papers, we must realise a fair amount of liberal foreign exchange regime is in operation and which is how it should be," ASSOCHAM Secretary General Mr D S Rawat said.

    He said, "Let us not pre-judge the outcome of the investigations being done by a multi-agency government team. It would certainly find out what is permissible and what is not."

    As per the Master Circular of the RBI, investment under the LRS is permitted in several activities including acquisition of shares or debt instruments, immovable property outside India, up to $2,50,000 per year, without prior approval of the central bank. Moreover, remittances under the scheme can be consolidated in respect of family members subject to individual family members complying with its terms and conditions.

    Besides, resident individuals can set up Joint Ventures (JV)/Wholly Owned Subsidiaries (WOS) outside India for bonafide business activities within the overall limit of $2,50,000.

    Under the RBI scheme authorised dealers may freely allow remittances by resident individuals up to $2,50,000 per financial year (April-March) for any permitted current or capital account transactions or a combination of both.

    Since some reports suggested how money was remitted abroad for acquisition of expensive paintings etc, it must be noted that the LRS eminently allows such a proposition. According to the RBI Master Circular, "Remittances under the Scheme can be used for purchasing objects of art."

    A resident individual can invest in units of mutual funds, venture capital funds, unrated debt securities, promissory notes etc. under this scheme. Further, the resident can invest in such securities out of the bank account opened abroad under the Scheme.


     

 

 

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