Forum on Faith: Nurturing life, at home and in the church Immaculates Roessler earns All-America honors Snow totals for western Connecticut Robert Miller: Could be the year to see a snowy owl State legislators to hold budget forum Western women race past Albertus Magnus Immaculates Roessler earns All-America honors Crosstown rivals set to clash in…
At Party Packs n Pinatas, were great believers in service and can come to the party in a variety of ways with ideas that are different from the norm wherever possible. Whilst we will always provide parents with our pinatas, party packs, jelly cameras, cakes, cupcakes and biscuits for their childrens parties, were also perfectly positioned to see to the requirements of companies looking for gifts for events and functions. Creativity is at the core of everything we do and, as a result, have clients coming back year after year. In the past, weve been of service to large corporates like Nedbank, Standard Bank, Hollard and Fedex and smaller operations like Eqestra,3TC, Compass and CIA Insurance. The bottom line is that whatever your requirement, be it private or corporate, we have the ideas and would welcome the opportunity to bring them to the table. Making you look good in the process. Do call us.
These days, companies are increasingly in the market for different ideas. On Secretarys Day, it is not uncommon for secretarial staff to be given cupcakes or gift packs as a token of appreciation. On Valentines Day, the traditional are giving way to the non-traditional. At Party Packs n Pinatas, days like these give us an opportunity to get creative. And occasions like Mothers Day, Fathers Day, Christmas Day and the Easter weekend are never far from our thoughts either. Edible goodies like cupcakes with your logo and packaged beautifully are a popular option, but there is so much more we can do. Individualised hampers, Carol Boyes cutlery sets, bottles of wine..the choice is as wide as the imagination. Be it a year-end function, golf day, conference, incentive trip, wedding, engagement party, farewell party, product launch, store opening, staff party or family day..if you feel we could bring our freshness of thinking to the party in any way, we would love to be of service to you.
Thank you Kim, definitely looking forward to working with you in the future. The packs were the highlight of our Family DayKhaya, Eqestra Fleet Management
The consultants loved the cupcakes. Thanks for the excellent service yet againElize, Standard Bank
Kim, thank you for the wonderful party packs, they were fantastic and the children loved them! Thank you for doing everything at such short noticeVictoria, 3TC Toll Concession
Once again, thank you for the lovely service. The cupcakes were divine and the balloons arrived on time!Pregashinie, Standard Bank
Thanks for the cupcakes Kim, everybody loved them. Hard to believe everything was concluded without us ever meeting!Lorraine
Dear Kim, wow, thank you so much for our gifts on Wednesday. We loved the bookmarks and the cupcakes were a treat. The rest of the branches received their cupcakes as planned this morning and these were just some of the things they had to say: Dankie vir die oulike cupcake ek wil hom nie eens eet nie hy is te mooi, Thank you for the cupcake. Happy Womans Day for Monday! and Just a thank you for the lovely giftso from all the FedEx ladies, thank you to you and your team for helping us make our ladies feel extra special todayLindiwe, FedEx
Thank you for the lovely cupcakes. They were delicious. My sister is having her wedding reception and is looking for someone to do wedding cupcakes. Ive given her your email address to get in contact with youSusan
Kim, thank you so much for the beautiful party packs. The children absolutely loved the goodies. I was quite impressedMichele
To celebrate the launch of our new website, were giving away 100 of our cute, non-disposable jelly cameras for FREE… So hurry, its first come, first served! (Strictly one per person until theyre gone).
Gift packs/favoursParty packsCupcakesCakesBiscuitsPinatasJelly camerasNewsletterOther
Subscribe and Win a Party Packs and Pinatas cupcake!
Subscribe to our mailer. Enter your details below and stand a chance of winning a bespoke cupcake delivered to you at your work. Like our Facebook page and well add some biscuits to your prize,
The battle against financial fraud and malpractices has significantly intensified over recent years. Globally, governments are establishing stricter regulatory frameworks and compliance standards to combat fraud in commercial transactions. A manifestation of such heightened awareness and regulatory action in India is evident under the provisions in relation to the Serious Fraud Investigation Office () introduced under the Companies Act, 2013 (the) and Rules thereunder. These provisions bring with them implications for companies, which need to be fully understood and preventative steps taken to avoid any suspicion of fraud and consequent arrests. In the following paragraphs, we have analysed key aspects of the newly introduced Rules and the steps that must be taken by corporates to avoid any adversity under the same.
Under the provisions of the Act, the SFIO has been established by the Central Government as a multi-disciplinary office consisting of experts from diverse fields. The SFIO has been empowered to investigate serious cases of fraud, as defined under the Act. Furthermore, under the recently notified Companies (Arrests in Connection with Investigation by Serious Fraud Investigation Office) Rules, 2017 (theSFIO RulesorRules), the SFIO has been empowered to arrest any person if believed to be guilty of fraud. The legislative intent behind these provisions and the wide-ranging powers granted to the SFIO is certainly clear. The power of investigation coupled with the power to arrest any person believed to be guilty of fraud indeed equips the SFIO with potent powers to combat the menace of corporate fraud, which is deeply entrenched into and plagues our economy.
Continue ReadingSFIO Putting Corporate Fraudsters Behind Bars
On 24 August 2017, a nine-judge bench of the Supreme Court of India (Supreme Court) declared privacy as a fundamental right protected under the Indian Constitution (Privacy Judgment). The Supreme Court while holding the right to privacy as an intrinsic part of the right to life and personal liberty, and informational privacy as a facet of the right to privacy; highlighted the need for government to examine and enforce a robust regime for data protection.
The Supreme Court suggested balance between data regulation and personal privacy as there are legitimate state concerns (like protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits)on one hand and individual interests in the protection of privacy on the other. Appreciating the complexity of all these issues, the Supreme Court (upon being informed of the constitution of an expert committee chaired by Honble Shri Justice B.N. Srikrishna, former Judge of Supreme Court), left the matter for determination by the said expert committee (Expert Committee), which was required to give due regard to what the Supreme Court had held in the Privacy Judgment.
Continue ReadingGenesis of (True) Data Protection Framework for India
Published here isPart IIof the blog piece on the Indra Sawhney Case, which examines in-depth, the case of Indra Sawhney, the use of caste as a factor in determining backwardness for the purpose of reservation, and the delicate balance between the needs of the society and the constitutional vision.
We hope you enjoy reading this as much as we have enjoyed putting this together.
II. The Mandal Commission and the case of Indra Sawhney
A. The Mandal Commission and its Recommendations
In the year 1979, the Second Backward Classes Commission (Mandal Commission) was set up which was tasked with,inter alia,determining the criteria for defining the socially and educationally backward classes. After an exhaustive survey, the Mandal Commission identified 52% of the Indian population as Socially and Economically Backward Classes (SEBCs). Subsequently, it recommended a 27% reservation for SEBCs in addition to the previously existing 22.5% reservation for SC/STs.
In the year 1990, Prime Minister V.P. Singh announced that his government would implement reservations on the basis of the recommendations of the Mandal Commission. Two office memoranda, O.M. No. 36012/13/90-Estt (SCT) dated August 13, 1990 as amended by O.M. No. 36012/13/90-Estt(SCT) dated September 25, 1990 sought to enforce these recommendations. The decision sparked widespread controversy and led to thousands of students coming out onto the streets to protest against the decision. There was a complete breakdown of law and order and some students even immolated themselves.
Continue ReadingCasteism Much? An Analysis of Indra Sawhney: Part II
Image credit: Scroll.in, September 26, 2017
This is thethirdblog piece in our series entitled Those Were the Days, which is published monthly.
This is a two-part piece which analyses theIndra Sawhney Case a case that is famous for both settling several issues and unsettling several others in the great Indian backward-class-reservation jurisprudence. Published here isPart Iof the piece, which examines the legal history of affirmative action in India.
We hope you enjoy reading this as much as we have enjoyed putting this together.
The Mandal Commission Report and the controversy that followed it, is etched in the memory of every Indian. By upholding the implementation of the Mandal Commission Report, the Apex Court judgment in the case of Indra Sawhney v. Union of India, established a central role for itself in every debate on the sensitive issue of reservations in India.
One of the avowed objectives of the Indian Constitution is the creation of an egalitarian society, including, and especially, by way of the eradication of caste and the caste system. In support of this objective, several successive governments have devised various affirmative action policies to eradicate caste and support the social mobility of backward classes. These measures typically include reserving seats in representative and educational institutions or public employment for members of certain classes that have been traditionally and historically marginalised. However, over time, these measures have become a tool for populism and to appease certain communities. Therefore, every time such a measure is introduced, it has resulted in dividing public opinion and caused widespread controversy. On some occasions, this divide has escalated into public demonstrations and even riots, for or against reservation.
When these hotly contested measures have come up for adjudication, the judiciarys role has not been easy; it has to account for social realities, while simultaneously grounding its decision within the sacred framework of the Constitution. One recurrent controversy that has arisen on multiple occasions before the Apex Court is the criteria for determining backwardness in order to qualify for reservation. There have been several cases that directly deal with this question. Of these, the most significant is the 1992 decision of by the Supreme Court inIndra Sawhney v. Union of India,(1992) Supp. (3) SCC 217(Indra Sawhney).
Continue ReadingCasteism Much? An Analysis of Indra Sawhney: Part I
Three years ago, Indias Prime Minister Mr. Narendra Modi, had expressed his desire to see India amongst the top 50 nations in terms of ease of doing business.
On October 31st, 2017 with the release of the World BanksDoing Business Report 2018(Report), this dream is now racing towards to becoming a reality. After continuous and vigorous legislative overhauling, coupled with regulatory and infrastructural reforms, India surged up 30 places to the 100thrank among 190 countries. The Report lists India as one of the 10 improvers this year. We briefly explore the key reforms which have led to this historic jump in the rankings.
The Report is based on how easy it is for companies to do business, and it also takes into account certain regulations based on 10 parameters, which are listed below. India has improved its standing i
n 6 out of these 10 indicators. These are as follows:
Continue ReadingIndia Makes it into Top 100 in Ease of Doing Business Rankings
Technological innovation is the new normal in the financial services sector. The evolution of every aspect of this industry in the past few years has been truly transformational, whether it is access to funds, demand creation/aggregation or even payment systems. The inception and growth of peer-to-peer (P2P) lending platforms in India is one such example. P2P platforms effectively function as an online marketplace for lenders and borrowers, for a commission. A need for regulatory oversight was considered by the Reserve Bank of India (RBI), given the recent rise in the number of such operators and their integration into the financial services sector.
The RBI outlined its proposal to regulate such platforms in its consultation paper issued last year. Following notification on August 24, 2017 categorising P2P lending platforms as Non-Banking Financial Companies (NBFCs), the RBI has finally issued its widely anticipated master directions on October 04, 2017 (Master Directions).
Continue ReadingOne Size Fits All? Regulating Peer-To-Peer Lending Platforms
Image credit: Scroll.in, September 26, 2017
This is thesecondpiece in our series entitled Those Were the Days, which is published monthly. We hope you enjoy reading this as much as we have enjoyed putting this together.
This post deals with Securities Exchange Board of Indias (SEBI) interpretation of the term Unpublished Price Sensitive Information (UPSI) arising from the alleged insider trading by Hindustan Lever Limited (now Hindustan Unilever Limited) (HLL) in its purchase of shares of Brooke Bond Lipton India Limited (BBLIL).
While the subject SEBI order employed provisions of the SEBI (Prohibition of Insider Trading) Regulations, 1992 (1992 Regulations), this post also analyses the relevant provisions of the subsequently notified SEBI (Prohibition of Insider Trading) Regulations, 2015 (2015 Regulations) in relation the subject case.
Case Analysis: Hindustan Lever Limited v. SEBI
The facts of the case concerned the purchase by HLL of 8 lakh shares of BBLIL from the Unit Trust of India (UTI) on March 25, 1996. This purchase was made barely two weeks prior to a public announcement for a proposed merger of HLL with BBLIL.
Continue ReadingInsider Trading: Hindustan Lever Limited v. SEBI
Most frequent fliers would have been familiar with the requirement to power off personal electronic devices (PEDs) for the duration of domestic flights. It was not until 2014, that Indian fliers were permitted to operate mobile phones and other PEDs on flight mode (in non-transmitting mode). The rationale for this restriction, as explained by the Directorate General of Civil Aviation (DGCA), is that radio transmitters in most communications devices may, and have in the past, caused harmful interference with crucial on-board flight systems. Therefore, while several Indian carriers such as Jet Airways already provide on-board Wi-Fi services, such services are limited to the provision of locally stored content to airborne PEDs, and do not enable passengers to connect to the internet cloud.
However, recent technological developments have now made it possible for passengers to use transmitting PEDs while airborne, without causing harmful interference to crucial flight operation systems or terrestrial communication networks. Together these technological solutions are labelled In-Flight Connectivity (IFC) services. Typically, IFC solutions are provided by making use of aeronautical mobile satellite services that use a satellite link to provide IFC to onboard PEDs; or by using Mobile Communications on-board Aircraft (MCA) systems, which while typically operating on terrestrial GSM communications bands, use an air-to-ground satellite link to establish connections with terrestrial networks.
Continue ReadingIn-Flight Connectivity: VNO or NO VNO?
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes.
Under the Prevention of Corruption Act, 1988 (PCA), the principal anti-bribery and anti-corruption statute in India, giving and receiving any form of pecuniary gratification may imply criminal penalties for both the bribe-giver and the public official. Furthermore, according to the conduct rules of various government departments, government servants are obliged to report receipt of gifts that go beyond prescribed monetary limits..
Giftingper seis not an illegal activity under Indian law. Under the PCA, the determining factor that separates a gift from a bribe is whether the gift was made with an expectation ofquid pro quo. Furthermore, it must be clarified that the various conduct rules do not prescribe ade minimisor a minimum monetary threshold up to which a gift is seen as unquestionable. The conduct rules (as may be applicable to different public officials) merely provision for reporting obligations on behalf of the government servant, in cases where the pecuniary value of the gift received exceeds a certain limit.
Continue ReadingDiwali Gifts: Are You Wrapping Up a Bribe?
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds.
As of June 30, 2017, Alternative Investment Funds (AIFs) had raised the cumulative figure of Rs. 48, 129 crores, against aggregate capital commitments of Rs 96,000 crores. The AIF industry is thus growing at an exponential rate, raising monies from domestic and offshore investors.
Unfortunately, however, the Indian AIF industry, lags behind its western counterparts in terms of participation by domestic pools of capital. In western countries, long term or patient capital, such as pension funds, contributes nearly 40% of the capital raised by AIFs. In the Indian context, restrictions prescribed by sector regulators have inhibited fund managers from raising capital from the domestic financial services sector.
Hence, it was no surprise that one of the key themes in the 2016 reports of the Alternative Investment Policy Advisory Committee (AIPAC), chaired by Mr Narayan Murthy, was unlocking domestic pools of capital. The committees recommendation was premised on the argument that the domestic capital pools pensions, insurance, domestic financial institutions, banks, and charitable institutions need access to appropriate investment opportunities to earn risk-adjusted returns.
Continue ReadingIts a Yes for Banks!
A thought leadership initiative to highlight significant developments in Indian corporate and commercial law that impact the corporate ecosystem and doing business in India.
SFIO Putting Corporate Fraudsters Behind Bars
Genesis of (True) Data Protection Framework for India
Casteism Much? An Analysis of Indra Sawhney: Part II
Casteism Much? An Analysis of Indra Sawhney: Part I
India Makes it into Top 100 in Ease of Doing Business Rankings
Cyril Amarchand Mangaldas was founded in May 2015 to continue the legacy of the 100-year old Amarchand Mangaldas Suresh A. Shroff Co., whose pre-eminence, experience and reputation of almost a century has been unparalleled in the Indian legal fraternity. With a long and illustrious history that began in 1917, the Firm is the largest full-service law firm in India, with over 625 lawyers, including 100 partners, and offices in Mumbai, New Delhi, Bengaluru, Hyderabad, Ahmedabad and Chennai. Several of our professionals are cited as leading practitioners by global publications like Chambers and Partners, International Financial Law Review, Asia Legal 500 and Euromoney.Visit our Website
A thought leadership initiative dealing with multidisciplinary aspects of family business and governance (intra family as well
as vis–vis corporate entities), estate and succession planning (including non-resident legal and tax considerations), philanthropy and family disputes, amongst various other aspects.Visit this Blog