Legal Articles

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"Sexual Harassment at the Workplace"

Sexual harassment at the geographical point could be a scenario sweet-faced by many folks everywhere the planet. At a time once equality has transcended all boundaries of faith, status and gender, harassment remains current. it's negative effects on humanity as a full. harassment are often outlined as unwelcome sexual advances, requests for sexual favors, and different verbal or physical conduct of a sexual nature in regard to conditions of employment.

Reply from The Law Associate

Domestic law in India nation before the case of VIshaka's State of Rajasthan referring to harassment at the workplace was solely restricted to Sections 354 and 509 of the Indian legal laws. However, with the passage of your time and when international conventions and treaties, Indian nation passed the harassment of girls at workplace (Prevention, Prohibition and Redressal) Act, 2013.


"Legal Education System in India"

Legal education is a multi-purpose education which can develop the human resources & idealism needed to strengthen the legal system. A lawyer, a product of such education would be able to contribute to national development & social change in a much more constructive manner

In the present era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations. In the changed scenario, the additional roles by law professionals to play are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. Due to expanding role of law professionals our curriculum should be enriched with all interdisciplinary courses which are must to produce the competent law professionals of 4th generation.
Dictionary of education defines legal education as a skill for human knowledge which is universally relevant to the lawyer's art and which deserves special attention in educational institutions. The Law Associate says legal education aims at imparting knowledge of the country as part of necessary culture of a gentleman, nobleman and common man engaged in a learned profession.The law commission also defines legal education as a science which imparts to students knowledge of certain principles and provisions of law to enable them to enter to legal profession. In common parlance it may be termed as a science which deals with the practical aspect of the law of the land and consists of relating on statutes, moots or arguments on points of law and putting of cases

Reply from The Law Associate

• Legal education must be given its status of a professional course of study and like any other professional course its standards must be regulated.
• The content of legal education must be given its due importance.
• Legal education should be uniform in the country and should be a five-year course after 10+2.
• The standard of legal education should be laid down and the minimum norms that law schools must satisfy must be prescribed.
• Notice to all the law schools should be given by the Bar Council of India/university thereafter to ensure that within the time allowed they must satisfy the norms and if they fail to do so, the university concerned should withdraw the recognition or affiliation from such school or college and that would once for all put an end to those law schools which do not deserve to exist.
• The Legal Education Committee of the Bar Council of India, in consultation with the representatives of the Judiciary, the Bar, the Universities and the UGC should lay down proper norms for conduct of bar examinations. Norms should be fixed not only for maintaining the quality of questions that are set, but also for the marks to be awarded for the evaluation of the question papers.

Analysis of Stressed Assets in India

The Reserve Bank of India (“RBI”) vide notification dated February 12, 2018 released the Revised Framework for Resolution of Stressed Assets (“New Framework”) and devolved the old framework/ guidelines such as the Framework for Revitalizing Distressed Assets, Corporate Debt Restructuring Scheme, Flexible Structuring of Existing Long Term Project Loans, Strategic Debt Restructuring Scheme (SDR), Change in Ownership Outside SDR, Scheme for Sustainable Structuring of Stressed Assets and Joint Lenders Forum (JLF) (“Old Framework”) with instant effect. RBI has done away with a plethora of schemes and made the process more uniform, leaving it to the wisdom of the credit rating agencies to a large extent. Now all the new restructuring/ resolution cases as well as existing structures (that are initiated but not yet fully implemented) will be governed by the New Framework.

Analysis of the New Framework

The compulsory filing of applications under IBC after the stipulated time period would put all borrowers in the same basket and overlook cases of borrowers who may actually be facing financial crisis due to business / economic/ delay in payments cycle. This may impact the investment perspective. Further, it will leave no possibility for considering other revival channels available under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2003 and Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

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