Follow The Law

THE LAW AND ECONOMIC FUGITIVES - With Sidharth Luthra, Senior Advocate & Former ASG, Raghav Bahl, & Niharika Karanjawala This episode of Follow the Law examines India’s Fugitive Economic Offenders Act and how the law deals with individuals accused of major financial crimes who leave the country to avoid prosecution. Chapters:00:00 Why This Law Matters for Ordinary Citizens 02:21 Actual Loss vs Notional Loss; To Attract the Provisions02:55 Types of Offences Covered Under the Act 03:28 Process to Declare a Fugitive Economic Offender 05:46 Process for Attachment and Confiscation of Assets 08:07 Overseas Property and Assets Also Covered?08:46 Third-Party Claims and Joint Family Property attachment09:49 Challenging Confiscation 11:16 Interaction With Extradition Law  13:06 When an Accused Genuinely Cannot Return to India14:21 Safeguards Against Misuse15:02 Closing Thoughts Disclaimer The content of this programme is intended for information,entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do notreflect the views of the creators of Follow the Law or ITMN TV.

NAVIGATING THE RIGHT TO PROTEST: With Former Judge of the Supreme Court of India, Justice Deepak Gupta, , Raghav Bahl & Niharika Karanjawala00:00 – Constitutional Basis: The Right to Protest and how is it limited?01:36 – Section 144 Orders: Legal Consequences & Can mere presence be unlawful?02:08 – Unlawful Assembly: When Does a Protest Become an Unlawful Assembly?03:28 – Balancing Competing Rights: Protesters vs. Other Citizens05:36 – Landmark Judgments: On the Right to Protest07:13 – Doctrine of Proportionality: Limits on State Action08:44 – Internet Shutdowns During Protests: Legal justification10:44 – Online Protests: Are they a Cross-Border Legal Risk?12:15 – Distancing from Violence: Is there Legal Protection for Peaceful Protesters?13:44 – Legal Remedies for Injured Protesters14:35 – The Way Forward: What changes may make things better?DisclaimerThe content of this programme is intended for information,entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seekprofessional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do notreflect the views of the creators of Follow the Law or ITMN TV.

SENDING MONEY ABROAD: AN OVERVIEW – With Nakul Dewan, Raghav Bahl,& Niharika Karanjawala Chapters:00:00 What is the legality of Indians transferring money abroad?00:50 Is there any prohibition on use of that money sent abroad?01:18 Can Indians buy foreign stocks or crypto currency with the foreign remittance?01:57 What about colourable practices and what constitutes ‘round tripping?’03:21 How are overseas investments taxed and how about Double Avoidance Tax Treaties?04:05 Can poorly structed foreign investments open one up to legal problems?04:53 Can even innocuous transactions or a legal trust in a tax heavens make authorities suspicious?05:42 In matrimonial disputes can foreign assets be counted towards alimony or settlement?06:29 In case of Tax scrutiny how important is to retain evidence of all transactions and for how long?07:27 What would be your advice to a first time overseas remittance investor? 08:10 What are the improvements that you would suggest to make the system better? DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

When the Taxman Knocks: Your Rights & Duties. The last thing anybody wants is the income tax department knocking on their door. In the event one finds themselves in such and unfortunate situation we’ll be discussing what the rights and duties are of a person subjected to such asearch. Explored by a roundtable of three lawyers : Ajay Vohra, Raghav Bahl & Niharika Karanjawala Chapters 00:00 In case of an income Tax raid are officers required to show any specific documents before entering a premises for search? 01:00 What are the rights of an individual or business when a raid is conducted on their premises? 02:09 Can the person being raided insist on the presence of their lawyer during the raid? 02:48 Are the officers allowed to seize phones, laptops, or personal diaries? What’s the scope of such seizures? And how can an individual get such items back if seized? 04:22 How much gold is one permitted to keep at home and are there any exemptions on the seizure of gold - such as ancestral or heirlooms? 06:20 Can they search women’s bedrooms or lockers if only male officers are present? 07:07 What are the duties of the person being raided? Can they refuse to answer questions or hand over documents? And What is the legal consequence of non-cooperation or not providing information during a raid? 08:10 After the raid is completed is the person given a panchnama or seizure memo? 09:14 What options does one have if they believe a raid was illegal or excessively coercive? 10:22 Does an individual have any recourse if their property is damaged during a raid? 11:47 Have courts in India laid down any specific guidelines to prevent arbitrary or harassing raids? 12:26 What improvements would you like see in the law or procedure going forward to make the process more fair and balanced for both, the department and the parties? Disclaimer The content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legaladvice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

TRADEMARK WARS - EXPLORING THE BATTLE FOR IDENTITY. Three lawyers discuss this important issue – Chander M. Lall, Senior Advocate, Raghav Bahl and Niharika Karanjawala.Chapters:00:00 Should businesses always register a Trademark and what does one gain by it?02:01 What are the remedies available in case of infringement?03:20 How important is pronunciation and phonetics in Trademark?04:11 What is ‘first to use’ and ‘first to file’ under IPR law and what applies?05:27 If one is using an identity prior to a registered Trademark is any remedy available?07:45 What is the concept of honest concurrent us?08:57 How does the triple identity test apply to Trademark disputes?10:19 Can one get a Trademark for unconventional Trademarks like sound or colour?10:59 What are the main reasons for Trademark disputes and how can litigation be avoided?12:05 How does ‘Domain squatting’ interplay with IPR law?13:50 Can Trademarks be differentiated in a different class of products or services?15:07 Does the law need tweaking to take on new technology and cross border disputes?DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.# ChanderLall #RaghavBahl #NiharikaKaranjawala #FollowTheLaw #Trademark

Understanding Arbitration & Dispute Resolution- A roundtable with the eminent former Chief Justice of Jammu & Kashmir High Court, Badar Durrez Ahmed and two lawyers, Raghav Bahl and Niharika Karanjawala discuss:00:00 What is Arbitration and how does it differ from Mediation or Litigation?04:08 Why is Arbitration considered a preferred route especially in cross border contracts?05:36 What does the typical process of Arbitration entail?10:34 Before inserting an arbitration clause in a contract, what are some key aspects one must keep in mind?12:21 Can a poorly drafted arbitration clause cause more problems than it solves?14:26 What kinds of disputes arise in commercial arbitration and does the law distinguish between what subjects can be arbitrated. 16:45 From a risk management perspective how can the possibility of future disputes be reduced?18:38 Some people may have this notion that arbitration is only for large companies or matters – what is your view?20:32 Is Indian likely to become a global arbitration hub and what are the challenges you see? 22:43 What about appeals in arbitration?27:13 What are some of the changes you would like to see to make arbitration a more preferred route for dispute resolution?DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.# RaghavBahl #NiharikaKaranjawala #BadarDurrezAhmed #FollowTheLaw #Arbitration, #DisputeResolution

On Follow the Law this week, three lawyers, the eminent Aman Lekhi, Senior Advocate & Former ASG, Raghav Bahl and Niharika Karanjawala, discuss Cyber Crime and Online Frauds : Your Rights and Action Steps :00:00 What is online impersonation with the intent to blackmail or defraud and how should one deal with it?09:32 How important is it to preserve evidence and what is considered evidence?12:48 What about the recovery of money taken by fraudsters - could people get their money back before the trial?14:38 In case of multiple people defrauded by a scamster and the money recovered is less than the total fraud, how will it be distributed?19:13 Sometimes the money is recovered from the small operator while the mastermind is behind the scenes and may get away - how can this be remedied?24:07 What are the options under the law for a victim of Deep Fakes?28:01 How should a victim of a video that is illicit and gone online deal with it under the law?35:04 With technology moving fast, what measures are suggested to keep criminals in check?Disclaimer The content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.# RaghavBahl #NiharikaKaranjawala #AmanLekhi #FollowTheLaw #CyberCrime #Onlinefraud

On Follow the Law this week, three lawyers, the eminent Chander Uday Singh, Senior Advocate, Raghav Bahl and Niharika Karanjawala, discuss Wills and succession under the law.  Chapters:00:00 What makes a Will legally valid?04:09 What happens if a person dies without a Will or the Will is invalid?06:09 What are the common mistakes when making a Will and is it better to take legal advice?09:00 What are the benefits for a person to make a Will and is it advisable for a young person to make one?11:57 If one has just one child does one need to make a will?13:11 Is registration mandatory or is desirable?14:34 Is property transfer easier with a Will or does one still require a probate?18:08 Are Wills with complex clauses or a life interest more likely to be disputed?19:22 What makes a Will likely to be challenged and would communicating it to beneficiaries help reduce the chances?21:47 Is a “Non-Contest Clause” in a Will valid?24:52 What is the distinction between a nominee and a legal heir?26:58 What is a living Will and what are the benefits of a living Will?30:44 Could transfers during the lifetime reduce disputes over succession?DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

Protection for Women : An overview of laws and procedures - Explored by three lawyers, the eminent Geeta Luthra, Senior Advocate, Raghav Bahl & Niharika Karanjawala.00:00  Are current laws to protect women strict enough or do we need more stringent laws?03:30  Is there proper implementation of these laws at ground level?04:48  How important is the role of education in society for the protection of women?07:19  Do we currently have a graded system to look at these offences?09:25  What are the legal obligations of the Police towards a women complainant?14:45  Rape under the promise of marriage explained. 20:20  Should such laws be gender neutral?23:48  What is the recourse under law for a women being blackmailed?26:00  Have the laws sufficiently deterred and reformed people?31:04  What more needs to be done to improve the system? DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV. 

EMPLOYMENT CONTRACTS AND EMPLOYEE RIGHTS : A LEGAL OVERVIEW - with the eminent Sanjoy Ghose, Senior Advocate, Raghav Bahl & Niharika KaranjawalaChapters 00:00 What are the key legal and contractual aspects a prospective employee should look for?04:52 What are the duties owed by an employer to an employee?06:17 What are the options of an employee if he or she wants to leave during the bond period? 07:53 Do Indian laws provide any protection from discrimination in employment?09:04 What measures have been laid down to prevent sexual harassment at the workplace?11:05 Work life balance and the right to disconnect – what does the law say on that?12:18 Does the law distinguish between employees who work remotely from those who work on site?13:44 Under what circumstances can employment be terminated and what are the options if one feels that it is wrongful termination?17:06 Non-compete and Non-disclosure clauses - what have courts said about them?19:10 What are the key changes he would like to see moving forward?DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

Motor Vehicles Accidents - Your Rights & Duties Under the Law: with the eminent Vivek Sood, Senior Advocate, Raghav Bahl and Niharika KaranjawalaTopics covered in this episode with timecode, but first please read:Important NoticeThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.00:00 What are one’s obligation under the law in case of a minor road accident?03:06 Does the law mandate that one must inform the Police in case of any serious vehicular accident?04:19 In case of an amicable settlement how can one ensure that there is no retraction?06:27 Quite often people apologize out of courtesy, can that later be used as an admission of guilt?08:14 When dealing with the Police after an accident how should one proceed to record facts?10:22 Under what circumstances do vehicles get seized by the Police and when does one get them back?12:13 In order to claim insurance does one have to file a Police report of the accident?13:33 What steps can one take to protect oneself from false allegations?15:00 In a Hit & Run case what are the options of the victim or the family of the victim if the Police refuses to register an FIR?16:04 What about getting compensation in case of a Hit & Run case?17:09 In case of a multi vehicular accident how is the liability of insurance decided?19:04 How substantive is CCTV footage as evidence in an accident case?20:11 Is it permissible for a driver of a vehicle involved in an accident to leave the scene of the accident out of fear of a mob?21:28 What are the amendments that have taken place in laws recently regarding Hit & Run cases?22:11 Does the law protect individual who help the victims of an accident? 23:03 Is there an obligation on a witness to help out the injured under law?24:40 If the vehicle is owned by someone who is not driving the car during an accident, is there any liability for the owner as well?25:53 In case of a minor taking a vehicle and causing an accident, can the parents. Be held liable?26:55 What changes are needed to make the roads safer? DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

EVOLVING INSOLVENCY LAWS AND SAFEGUARDING INVESTOR RIGHTS  -Three lawyers explore this important area of law - Balbir Singh, Senior Advocate & Former ASG, Raghav Bahl and Niharika Karanjawala, on Follow the Law.Topics covered in this episode with timecode, but first please read:Important NoticeThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.00:00 What is the insolvency & bankruptcy code of India and how does it affect the public?02:06 What are some of the key stages and processes that would be followed when a company defaults on its debt?03:37 When liquidation takes place how do the funds get divided and which stakeholders get preference?06:46 How does the code protect investors and creditors in case of bankruptcy?09:12 What is the protection for promoters who have gone insolvent for reasons beyond their control, like a shift in the market?12:15 Does the Code benefit investors and start-ups?13:57 What are the significant judgements that have impacted the development of the insolvency laws?16:19 What about policy driven insolvency, when new policies make business unviable, does the insolvency code cover instances like those?18:18 In comparison to global insolvency laws what could India draw as a learning from them?20:16 What are the improvements that you would like to see to make things better? Disclaimer The content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

YOUR RIGHT TO REMAIN SILENT IF ACCUSED OF A CRIME - With Mukul Rohatgi, Raghav Bahl & Niharika Karanjawala.Topics covered in this episode with timecode, but first please read:Important NoticeThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.In this episode :00:00  What exactly does the right against self-incrimination mean and can one refuse to answer questions about a crime that one is accused of committing?01:59  Can this right be waived or abrogated in any way – especially by laws such as PMLA?07:25 Quite often investigation agencies make a claim that the accused is not co-operating with them. How have the courts balanced rights in such cases?08:25  Can a statement made in a media interview or a recorded telephone conversation be used against the accused?10:03  Can an individual be compelled to take a Polygraph or lie detector test, Narco analysis?11:16  How relevant is technology in criminal investigations and getting convictions?12:51  How important are DNA and voice samples in as evidence in a case?14:02  How have the courts distinguished between testimonial and physical evidence? 14:31  Can one be compelled to provide passwords to the investigation agencies for  electronics like mobile phones, computers etc.?16:33  With technology advancing fast and investigations relying more and more on technology does the right against self-incrimination also need to be reexamined to keep it relevant with the times?17:48  Some may argue that if one has done nothing wrong then why be concerned about answering questions – is that valid?  19:26  Are there any cases where you feel the right against self Incrimination has been a central issue in the case?20:05  What are the changes that you feel are needed in relation to the right against self-incrimination? DisclaimerThe content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV.

Topics covered in this episode with timecode, but first please read:Important Notice The content of this programme is intended for information, entertainment and general awareness purposes only; no legal advice is being given to the viewer. If you have a legal query, concern or problem please seek professional legal advice. No information received from the program should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues.The views expressed herein are an individual’s own and do not reflect the views of the creators of Follow the Law or ITMN TV. In this episode :YOUR RIGHTS WHEN DEALING WITH THE POLICE AS AN ACCUSED. With Saurabh Kirpal, Raghav Bahl & Niharika Karanjawala.00:00 What are the rights of someone accused of an offence but not arrested? Also, can the Police summon in writing or is verbal communication enough?01:41 Can women and children be summoned to the Police station for investigation?02:22 Is one entitled to a copy of the complaint and know the allegations for which one is being summoned?03:02 Does one have the right to have a lawyer present if one is summoned?03:57 To what extent are statements made to the Police admissible and can one be compelled to answer questions that may incriminate oneself?05:39 When does the Police need a warrant to make an arrest?06:52 Are there any special provisions for arrest of people considered vulnerable?  09:25 What are the safeguards that the courts have put in place to prevent overreach by the Police to arrest?10:31 Are the grounds of arrest required to be communicated to the arrested individual?11:23 Post arrest, how long can the Police detain a person before presenting him or her before a magistrate?12:14 How can a person get legal aid if they can’t afford it?13:27 Is the Police obliged to provide medical care while a person is in Police custody?14:16 What safeguards have been laid down by courts to prevent custodial torture?15:51 How is a person to know whether it is a bailable or non-bailable offence that they have been arrested under?16:30 What are the changes or reform that he, as a senior advocate, would like to see in the system?

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