In a first, Supreme Court allows service of summons by WhatsApp, email, fax

Agencies
July 10, 2020

In a first, the Supreme Court on Friday allowed the service of summons and notices, a necessity in almost all legal proceedings, through instant messenger like WhatsApp as well as by e-mail and fax.

A bench headed by Chief Justice SA Bobde observed that it has been brought to the notice of the court that it is not feasible to visit post offices for service of notices, summons, and pleadings. The bench also comprising Justices AS Bopanna and R Subhash Reddy observed that notice and summons should be sent through e-mail on the same day along with instant message through WhatsApp and other phone messenger services.

The bench clarified that all methods should be deployed for a valid service on the party. "Two blue ticks would convey that the receiver has seen the notice," noted the bench.

The bench declined the request of the Attorney General for specifically naming WhatsApp as a mode of effectuating service. The top court noted that it would not be practical to specify only WhatsApp. The apex court also permitted RBI to extend the validity of cheques in the backdrop of lockdown to contain the coronavirus outbreak.

Senior advocate V Giri representing RBI informed the bench that he had circulated the note regarding validity of a cheque as directions issued on the previous hearing.

The bench noted that it will be in discretion of the RBI to issue orders which are suitable to alter the validity of the period of a cheque.

During an earlier hearing on the matter on July 7, the Attorney General contended before the top court that the Centre had some reservations in connection with the utilization of mobile applications like WhatsApp and other apps for service of summons. The Centre's top law officer informed the apex court that these apps claimed to be encrypted, and they were not trustworthy.

The RBI counsel had contended before the top court that it was considering clarifying the validity of a cheque which has been reduced to 3 months from 6 months.

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Agencies
June 22,2020

New delhi, Jun 22: As consumer sentiment runs high amid growing chorus for boycotting Chinese goods in the country, the fluid market situation offers new opportunities for various smartphone makers, especially the non-Chinese ones like Samsung, Apple, Nokia, Asus and others, to realign their strategies and regain the lost market share in the face of fierce Chinese competition.

The challenge here would be not to look "opportunistic" and leverage the current explosive situation on just riding on the anti-Chinese sentiment but to offer real challenges in the form of top-end devices with solid internals at affordable price points, feel industry experts.

"The current market conditions in India are fluid and open up new opportunities for smartphone original equipment manufacturers (OEMs) to focus and leverage," Prabhu Ram, Head-Industry Intelligence Group, CyberMedia Research (CMR), told IANS.

In the first quarter (January-March) this year, Samsung's shipments were driven by its upgraded A and M series (A51, A20s, A30s, and M30s).

According to Counterpoint Research, Samsung managed to hold third position in Q1 2020 due to launches across several price tiers, especially in the affordable premium segment (S10 Lite, Note 10 Lite).

The South Korean smartphone maker last week announced a Rs 4,000 price drop on its popular Galaxy Note10 Lite smartphone that will now cost Rs 37,999 (6GB variant).

Earlier this month, Samsung launched two new smartphones, Galaxy M11 and Galaxy M01, with powerful batteries under Rs 15,000 in India.

Galaxy M11 comes in two variants. The 3GB+32GB will be priced at Rs 10,999 while the higher 4GB+64GB variant will be available for Rs 12,999.

Samsung has also launched an affordable Galaxy A21s smartphone with quad-camera system and 5,000mAh battery at a starting price of Rs 16,499.

Also read: Boycott China? OnePlus 8 Pro sold out within minutes of going on sale

On the other hand, Apple grew a strong 78 per cent YoY driven by strong shipments of iPhone 11 and multiple discounts on platforms like Flipkart and Amazon in Q1, according to Counterpoint.

Apple has also brought its cheapest yet powerful new iPhone SE that costs Rs 38,900 (64GB) in India with a special offer from HDFC Bank. The new iPhone SE is powered by the Apple-designed A13 Bionic, the fastest chip in a smartphone and features the best single-camera system ever in an iPhone.

According to Tarun Pathak, Associate Director, Counterpoint Research, consumer sentiments are running high and a section of users will look for alternatives, benefitting global and Indian brands.

"However, we do not think non-Chinese brands will run aggressive campaigns based on the situation as it might look like being opportunistic," Pathak told media.

It may actually let brands of Chinese origin try to run aggressive campaigns on their presence and scale.

"Some of these Chinese brands have been active in scaling up local value addition, creating jobs and investing in research and development," Pathak noted.

On Saturday, market leader Xiaomi said that it is "more Indian" than any other smartphone brand.

The company's India head Manu Kumar Jain said that the company's mobile phone R&D centre and product team is in India, it employs 50,000 people in the country, the entire leadership team is Indian and that the company pays its taxes in India.

Earlier, Realme India CEO Madhav Sheth who is also very active on social media said that Realme is an Indian startup.

In his latest episode of Ask Madhav' series on YouTube, Sheth said: "I can proudly say Realme is an Indian startup, which is now a global MNC (multinational corporation)".

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Agencies
July 6,2020

The Covid-19 pandemic has made an unprecedented impact on the Indian businesses, particularly small and medium enterprises (SMEs) and startups. According to a joint survey by FICCI and Indian Angel Network (IAN), the pandemic has hit the businesses of around 70% startups.

With uncertainty in the business environment and an unexpected shift in priorities of the government as well as corporates, many startups are struggling to survive, it says.

In a nationwide survey on the 'Impact of Covid-19 on Indian Startups' involving 250 startups, 70% participants said their businesses had been impacted by Covid-19 and around 12% had shut operations.

The survey shows only 22% startups have cash reserves to meet the fixed cost expenses over the next 3-6 months, and 68% are reducing operational and administrative expenses.

Around 30% of the companies said they would retrench employees if the lockdown was extended too long. The 43% startups have already started 20-40% salary cuts over April-June.

Over 33% startups said investors had put the investment decision on hold and 10% said the deals had been scrapped. Only 8% startups had received funds as per the deals signed before Covid-19 outbreak, the survey revealed.

The reduced funding has forced startups to put a hold on business development and manufacturing activities, which has resulted in loss of projected orders.

The survey highlights the need of an urgent relief package for startups, including possible purchase orders from the government, tax relief and swifter tax refunds, and immediate fiscal support measures, including grants, soft loans and payroll grants.

Besides 250 startups, 61 incubators and investors also participated in the survey.

While 96% of investors accepted that their investments in startups had been impacted by Covid-19, 92% said their investments in startups would continue to be low over the next six months.

Around 59% investors said they would prefer to work with the existing portfolio firms in the coming months. Only 41% said they would consider new deals.

"A comparison of priority investment sectors before and during Covid-19 shows 35% investors are now looking at investments in healthcare startups, followed by EdTech, AI/Deep Tech, FinTech and Agri," said the survey.

Around 44% incubators surveyed said their day-to-day operations had been considerably hit by Covid-19. Most incubators are now supporting their portfolio firms by providing them virtual platforms to interact with mentors, investors and industries.

Dilip Chenoy, FICCI Secretary General, said, "The startup sector is stressed for survival at the moment. The investment sentiment is also subdued and is expected to remain so in the coming months. Lack of working capital and cash flows may lead to major layoffs over the next 3-6 months."

Indian startups needed an enabling ecosystem and flow of funds to continue operations, the survey said.

Padmaja Ruparel, President, Indian Angel Network & Co-Chair of FICCI Startup Committee, said, "In these uncertain times, as investors, we must play an important role to provide the Indian startups funding, mentoring and hand-holding support to stay afloat and come out at the other end of this crisis."

To that end, IAN recently announced a debt fund to help IAN portfolio companies raise working capital and ensure business continuity by partnering with debt providers.

This must be replicated on a wider scale, so a larger number of startups are provided the capital support to make it during these tough times, Ruparel said.

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Agencies
June 22,2020

Chennai, Jun 22: Commuting the death sentence to life imprisonment for five convicts, the Madras High Court on Monday set free Chinnasamy, the main convict, who had also been sentenced to death in the Udumalpet Shankar honour killing case.

A Division Bench comprising Justice M. Sathyanarayanan and Justice M. Nirmal Kumar also dismissed the appeal by the state police against the acquittal of three persons by a lower court.

The Bench ordered the five convicts sentenced for life to undergo a jail term of not less than 25 years.

In 2016, V. Shankar, who had married C. Kausalya, was killed by a gang in Udumalpet in Tamil Nadu. The gang also injured Kausalya in the attack.

It was alleged the parents of Kausalya -- Chinnasamy, Annalakshmi -- were against the marriage.

P. Pandidurai, the uncle of Kausalya at the behest of Chinnasamy and Annalakshmi had hired a gang to kill Shankar.

The gang killed Shankar in broad daylight in a public place and Kausalya too got injured in the attack as she tried to save her husband.

The Principal District and Sessions Court in Tiruppur had convicted and sentenced to death six accused persons -- Chinnasamy, P. Jagadeesan, P. Selvakumar, M. Manikandan, M. Mathan alias Michael and P. Kalaithamilvaanan.

The court also sentenced two other accused, K. Dhanraj for life and Manikandan to a five year jail term, while acquitting Annalakshmi, Pandidurai and Prasanna.

The convicts had filed an appeal against their sentence in the Madras High Court while the police filed an appeal against the acquittal of three persons.

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