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Ensouth Our Newsletters

July - 2013
1. Messages : Managing Partnerís message
2. Videos : Buffalo Jurisprudence: the Bullshit Quotient of Litigation in India.
    : Seven Noble Truths of Litigation in Indian Courts: Synopsis of Rule 1 and 2.
3. Comment : Hostiles on Company Board
(On the indefensible move to make Independent Directors liable for the mismatch between political amorality and corporate culpability in the new Company Bill with patently unfair results.)
4. Comment : Terrorizing Auditors
(On the attempt to increase the burden on to the long-suffering auditor in the new Company Bill who now needs to continually investigate his own client for fraud. .)
5. Comment : Absconding Italian Stallions
(Understanding who will arrest you if you screw up overseas.)
6. Comment : Reformation by Rioting At Rajpath
(We ask for promulgation of illegal laws to achieve legally laudable ends. Educated urban elites need to become leaders, not case studies of anger management gone berserk)
Managing Partners Message

       It’s been a short hot summer, prematurely ended by an angry early monsoon which heralded its arrival with great violence. We can’t say the same for the Indian Economy. The summer of our economic discontent has not ended but the violence of rising prices and declining currency remains. Social, financial and political restructuring – which is what India has been trying to do for near two decades now – is for sure a long and painful process with many pitfalls.

       This time, Ensouth comes in three parts: Video, New laws and current affairs.

       Our video section goes to the heart of our legal system to disclose the reality of how we have structured our judicial processes. First in Buffalo Jurisprudence, we present a highly abridged exposition on India’s endemic school of jurisprudence. Next in Seven Noble Truths of Litigation in India-Part I, we examine the first two truths of how courts function in India.

       Moving to the section on new laws, we focus attention on the new Companies Bill. Thus, in Hostiles on Company Boards, we criticize the move to make independent directors liable for the mismatch between political amorality and the enthusiasm to discover corporate culpability. Next, in Terrorizing Auditors, we examine the manner in which Auditors are now being asked to treat their own clients as potential fraudsters as part of the job description.

       Proceeding finally to the current affairs section, we contextualize international law on the police that has jurisdiction to arrest you if you screw up abroad in Absconding Italian Stallions with reference to the case of the Italian Sailors who killed Indian fishermen last year. Finally, in Reformation by Rioting in Rajpath, we address the core of the issue of the violence against women in contemporary India, and while exorcising some devils, offer thoughts on measures we need to take to address the issues.

Ranjeev C Dubey
Managing Partner


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