{"id":3002,"date":"2022-08-30T18:12:00","date_gmt":"2022-08-30T18:12:00","guid":{"rendered":"https:\/\/zeus.firm.in\/zeus-newsletter-august-2022\/"},"modified":"2023-04-24T13:38:53","modified_gmt":"2023-04-24T13:38:53","slug":"zeus-newsletter-august-2022","status":"publish","type":"post","link":"https:\/\/zeus.firm.in\/zeus-newsletter-august-2022\/","title":{"rendered":"ZEUS Newsletter August 2022"},"content":{"rendered":"
Highlights:<\/strong><\/span><\/p>\n Corporate Brief<\/strong><\/span><\/p>\n \u00a0<\/strong>RERA Brief<\/strong><\/span><\/p>\n Litigation Brief<\/strong><\/span>\u00a0<\/strong><\/p>\n \u00a0<\/em>Corporate Brief<\/em><\/strong><\/span><\/p>\n Circular dated 04.07.2022 issued by SEBI in regard to <\/strong>introduction of web-based Investor Grievance Redressal Mechanism<\/strong>.<\/strong>\u00a0<\/strong><\/span><\/p>\n Gazette Notification No. S.O. 3210(E) dated 15.07.2022 issued by Ministry of Finance declaring \u2018zero coupon zero principal instruments\u2019 as securities.<\/strong><\/span>\u00a0<\/strong><\/p>\n Circular dated 18.07.2022 issued by SEBI in regard to levying of Goods and Services Tax (GST) on the fees payable to SEBI.<\/strong><\/span>\u00a0<\/strong><\/p>\n Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2022.<\/strong><\/span>\u00a0<\/strong><\/p>\n Notification dated 14.07.2022 on the Special Economic Zones (Third Amendment) Rules, 2022.<\/strong><\/span>\u00a0<\/strong><\/p>\n Reserve Bank of India Notification No. FEMA.3(R)(3)\/2022-RB dated 28.07.2022 on Foreign Exchange Management (Borrowing and Lending) (Amendment) Regulations, 2022.<\/strong><\/span>\u00a0<\/strong><\/p>\n Circular No. RBI\/2022-23\/87 dated 07.07.2022 issued by RBI in regard to relaxations on Investment by Foreign Portfolio Investors (FPI) in Debt.<\/strong><\/span>\u00a0<\/strong><\/p>\n \u00a0<\/em>Real Estate Brief<\/em><\/span><\/strong><\/p>\n Public Order issued by Maharashtra Real Estate Regulatory Authority (Mah-RERA) to amend the proforma of Allotment Letter to be submitted during project registration.<\/strong><\/span>\u00a0<\/strong><\/p>\n Directions issued by Maharashtra Real Estate Regulatory Authority (Mah-RERA) <\/strong>regarding registration of Real Estate Projects and Real Estate Agents, Project Extensions and Corrections<\/strong>.<\/strong><\/span>\u00a0<\/strong><\/p>\n Guidelines issued by Maharashtra Real Estate Regulatory Authority (Mah-RERA) to the Promoters to provide Regular Updates on Registered Projects.<\/strong><\/span><\/p>\n Guidelines issued by Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) in regard to advertisements relating to promotion, marketing, and sale in Real Estate Projects.<\/strong><\/span><\/p>\n UP-RERA vide Notice No. 8258 dated 21.07.2022 laid down guidelines to the promoters in regard to advertisements relating to promotion, marketing, and sale in Real Estate Projects. Please refer to https:\/\/www.up-rera.in\/pdf\/Letter031.pdf<\/a> for the update.<\/p>\n Order issued by Maharashtra Real Estate Regulatory Authority regarding declaration about separate bank accounts for real estate projects. <\/strong><\/span><\/p>\n Mah-RERA vide its order dated 27.07.2022 directed every promoter to submit a declaration about separate bank account for real estate project on the letter head of promoter in the prescribed form at the time of registeration of real estate project.<\/p>\n Litigation Brief <\/em><\/strong><\/span><\/p>\n CASE ANALYSIS: MARICO LIMITED VS. DABUR INDIA LIMITED [PRONOUNCED BY THE HON\u2019BLE HIGH COURT OF CALCUTTA ON 19.07.2022 IN CS NO. 264 OF 2021]<\/strong><\/span><\/p>\n The captioned suit was filed by Marico Limited before the Hon\u2019ble High Court of Calcutta to initiate an action for disparagement and infringement pertaining to advertisements published and widely circulated by Dabur India Limited in both print and electronic media.<\/p>\n Facts:<\/strong><\/span>\u00a0<\/em><\/strong><\/p>\n Issue: \u00a0\u00a0\u00a0<\/strong><\/span><\/p>\n The question for consideration before the Hon\u2019ble Court was whether the impugned advertisements disparage the product manufactured by Marico, as per the principles of law of disparagement settled in Reckitt & Colman of India Limited vs. M.P. Ramachandran<\/em> [1]<\/sup><\/a>.<\/p>\n Court\u2019s observations and findings:<\/em><\/strong>\u00a0<\/em><\/strong><\/p>\n Civil Appeal before the Hon\u2019ble Supreme Court against a final judgment and order dated21.09.2021 passed by the Hon\u2019ble Telangana High Court.<\/strong><\/span><\/p>\n IN THE MATTER OF<\/strong>– My Palace Mutually Aided Co-Operative Society vs. B. Mahesh & Ors.<\/strong><\/p>\n Decided by the Hon\u2019ble Supreme Court on August 23, 2022<\/p>\n Main Issue-<\/strong><\/span><\/p>\n Facts-<\/strong><\/span><\/p>\n Observations of the Hon\u2019ble Supreme Court- <\/strong><\/p>\n Issue 1<\/strong><\/span><\/p>\n Issue 2<\/strong><\/span><\/p>\n An Arbitral Award can be partially\/partly set aside, under section 34 of the Arbitration and Conciliation Act, 1996, and the same would not tantamount to being modification of the award. <\/strong><\/span><\/p>\n IN THE MATTER OF: <\/strong>National Highways Authority of India and Ors. vs. \u00a0The \u00a0Additional Commissioner, Nagpur and Arbitrator under the National Highways Act, 1956 and Ors.<\/p>\n (pronounced by the Hon\u2019ble High Court of Bombay on 20.08.2022 in Arb. Appeal No. 3 of 2022)<\/p>\n Facts:<\/em><\/strong><\/span><\/p>\n\n
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