Legal News Shots- Top Interesting Shots of the Day
Legal News Shots- Top Interesting Shots of the Day

INDIA – Assaulter Cannot Be Held Guilty If death Is Due To A Lack Of Proper Medical Care: Bombay HC

The Bombay High Court held that a person who assaults another man or woman could not be held liable for causing the victim’s death if he or she dies mainly due to the absence of adequate treatment. Justice VM Deshpande has laid aside the conviction of three farmers, Hari Giri and his Tulsiram and Rameshwar brothers from the district of Washim, for non-murder culpable homicide and sentenced to five years ‘ imprisonment as one of the two villagers they had attacked died primarily due to the absence of treatment. However, the judge upheld their conviction for willingly causing harm from dangerous weapons and convicted them to three years’ imprisonment.

INDIA – Draft Law Proposes A 10-Year Prison Term And A Rs 5-Lakh Fine For Violence Against Doctors

Last Saturday, as he wrote to chief ministers asking them to frame laws for the protection of medical professionals, Union Health Minister Dr Harsh Vardhan attached to it a draft law framed by the Indian Medical Association (IMA). The draft Medical Service Persons and Medical Service Institutions Protection (Prevention of Violence and Damage or Loss of Property) Act, 2017 proposes a ten-year jail term and a Rs 5-lakh fine for violence against doctors. The IMA is presently seeking a seven-year prison term for the crime. The IMA submitted the draft law to the Ministry in 2017 – it had requested a core law for the protection of doctors and raised it again in the aftermath of the event at the NRS Medical College and Hospital in Kolkata.

 

INDIA – The Changes of India’s Next Century Must Start In The Judiciary

The elevated pendent levels in India’s judiciary have slowed development and investment in an investment-starved economy. The finance ministry’s 2017 financial survey noted out that one of the most significant stumbling blocks in reviving the country’s business process was the delayed settlement of financial and business instances, the survey said.” The next frontier on company comfort addresses pendency, errors and backlogs in the fields of appeals and justice. These impede dispute resolution and implementation of contracts, discourage expenditure, block initiatives, hamper tax payments but also stress consumers and increase legal costs. Coordinated intervention between the government and the judiciary — a kind of voluntary Cooperative Separation of Powers complementing vertical Cooperative Federalism between federal and state governments — would tackle the “Law’s pause” and increase financial development”. Several suggestions have been made by different committees over the years to address the problem comprehensively. For example, in 2005, the 11th Finance Commission suggested that fast-track judges be set up to speed up instances. More lately in 2014, the 245th Law Commission recommended that unique commissions be set up to consider more insignificant cases (such as traffic offences) and raise the pension rate of judges in lower courts. Last year, in line with the Union Public Services Commission, Law Minister Ravi Shankar Prasad proposed introducing a distributed hiring scheme for the reduced judiciary. Some of these changes have been introduced, such as fast-track judiciary (used in the event of Kathua), but others have not. More changes are desperately required, given how the increasing pendency damages the Indian economy.

 

USA – New York Is Ready To Legalize Electric Scooters And Bikes

New York, a long-standing holdout in the dockless electric scooter boom, appears ready to eventually allow scooter sharing companies like Bird and Lime to run on their roads. Lawmakers in Albany’s government capital have reached an agreement to lift the ban on throttle-based scooters and bikes, and if Governor Andrew Cuomo signs off, New Yorkers may quickly see electric cars zipping down their roads in droves. The bill would alter state legislation to legalize e-bikes and scooters but would require towns to opt-in and offer localities the chance to decide for themselves how to regulate the vehicles. Under the new laws, e-bikes and scooters would be legal across the state, but before launching, municipalities would need to allow a sharing service.

 

INDIA – Create Private Trusts To Effectively Transfer Assets

Trust formation is gaining momentum in India with many rich households opting for it, says Anju Gandhi, partner at the SNG & Partners. Anju released an article at moneycontrol.com dated June 18, 2019, that focuses on private trusts in India that are regulated by and may be established under the Indian Trust Act 1882. This knowledge is essential as India does not recognize confidence as a distinct entity (except for tax reasons). Trust is known as a legal duty attached to ownership of property resulting from a trust imposed by the settlor in the trustee for the advantage of the beneficiaries (as established by the settlor), or the beneficiaries and the settlor. The trustee is the legal proprietor of such trust property, while the recipients have a beneficial interest in the trust property.

 

INDIA – CBI Registers Criminal Case Against Law-Based NGO, Names Indira Jaising’s Husband

CBI registered a criminal case against a Delhi-based NGO, Lawyers Collective, for supposed violations of FCRA regulations, officials said. They said as an accused, the FIR names Anand Grover, a trustee and director of the organisation. Mr Grover is the husband of Indira Jaising, a noted Supreme Court lawyer. In the FIR filed under sections of the Indian Penal Code dealing with forgery, cheating and criminal conspiracy, unknown officer-bearers and functionaries of the NGO and unknown private individuals and public servants were also accused.

 

USA – U.S. Supreme Court Unanimous: No Connection To California Wage and Hour Laws For OCS Platform Worker

The U.S. in a unanimous judgment Supreme Court ruled that, under California state wage-and-hour legislation, an outer continental shelf (OCS) drilling platform employee could not claim. Parker Drilling v. Newton, No. 18-389, June 10, 2019. Newton, the complainant, was not paid for standby time while an OCS worker was denied following the Federal Fair Labor Standards Act. Newton claimed in his class action complaint that California’s wage-and-hour regulations entitled him to standby pay and lodged a lawsuit citing California law. The district court dismissed Newton’s statement that California law did not replace the FLSA as “surrogate federal legislation.”

 

INDIA – Gujarat Man Charged For Giving Triple Talaq To Wife Through WhatsApp Message

A man in the Valsad district of Gujarat was booked for supposedly giving his wife triple talaq, banned by law, through a message from WhatsApp, police said on Monday 18 June 2019. An official recognized the accused as Jailun Javed Kalia (27) and said a few days earlier he sent the divorce message to his dad Javed Kalia. “The victim, a 25-year-old girl, now living with her parents in Valsad’s Umargam city, lodged a complaint on Sunday,” Umargam police station inspector P M Parmar said. Jailun, his dad Javed and mother Nafisa have been booked under the relevant sections of the Muslim Women (Marriage Rights Protection) Ordinance, which criminalizes this type of divorce, as well as section 498a (husband or relative of a woman who is subject to cruelty) of the Indian Penal Code.

 

INDIA – Odisha HC Bar Association Intensify Protest Against The Selection Of Absent Lawyers As Judges

Odisha High Court Bar Association on Monday (June 17, 2019) boosted its agitation against the promotion of lawyers who are not High Court regular practitioners to the post of Judge. As part of the protest, lawyers have chosen to boycott Chief Justice KS Jhaveri’s courts and two senior judges, Justice Sanju Panda and Justice SK Mishra, until June 26.

 

USA – Capitol Tracker: New California Legislation Facilitates The Adoption Of Kittens

The stray kittens of California can be accepted more readily thanks to a new law signed by the governor. The law will allow individuals to adopt kittens below the age of 8 weeks in animal shelters, waiving a compulsory six-day waiting period that California has needed for stray cats since 1998. “The kittens need additional attention and care. Finding them as rapidly as possible should not be hindered by law,” said Assemblyman Bill Quirk, D-Hayward, who wrote Assembly Bill 1565.

 

INDIA – Congress Protests In Delhi Over The Lack of Water And Power

On Tuesday (July 18, 2019)  Congress ‘ Delhi congress held demonstrations in all of the National Capital’s 70 assembly constituencies over alleged water and energy shortages in the town, with its chairman, Sheila Dikshit, describing it as “life and death.” Ms Dikshit stated that in Sangam Vihar, one of the demonstration places, inhabitants of the town had been spinning under “regular energy reductions and water shortages during maximum seasons, but the state is in a deep slumber.” The AAP state argues to have ensured that inhabitants of the town obtain uninterrupted energy at the cheapest prices and enhanced water supply from 835 million to 935 million gallons a day.

 

CANADA – Canada’s Quebec Prohibits Religious Symbols In Some Public Sector Employment

Canada’s province of Quebec has enacted a contentious law prohibiting some public sector staff from carrying religious symbols during work hours, prompting an outcry from civil liberties and Muslim organizations. The long-awaited legislation, Bill 21, adopted by 73 to 35 on Sunday in the predominantly French-speaking province, impacts public workers in positions of power, including educators, magistrates and police officers, but it exempts present government staff and civil servants. If employers fail to implement the ban, they will face unspecified “disciplinary steps.”

 

INDIA – Environmental Damage Caused By The Present Generation Shall Affect Future Generations: Bombay HC

On Tuesday (July 18 2019), the Bombay High Court (HC) said the harm created by the current batch will have a severe effect on future generations and will contribute to physical deformities among individuals. The remark was produced by a division bench of Chief Justice Pradeep Nandrajog and Justice N M Jamdar while receiving a lot of requests from the town by militants, citizens and fishing folk opposing the 14,000-crore coastal road plan of the Mumbai municipal authority BMC. “The project is conducted in the wider public interest as an alternative to the ever-increasing traffic congestion and pressure on the current infrastructure,” he said in affidavits presented to the supreme tribunal in reaction to requests opposed to the innovative undertaking.

 

INDIA – Gujarat HC Informs The Owners Of Varsha Flat To Contact The Govt.

The Gujarat High Court (HC) on Monday, June 17, 2019, informed sellers and buyers of 11 Varsha Flats properties in Paldi to approach the Special Secretary Revenue Department (appeal and revision) against the district collector’s reluctance to sanction sales because the company falls under the Disturbed Areas Act. The high court disposed of the petition lodged by the owners of Varsha Flats in Jankalyan Cooperative Housing Society Ltd, which had resulted in a controversy after the authority initially allowed Hindu owners to sell the property to Muslims. Following an uproar, the decision was withdrawn. The petition said that since sellers and buyers are involved in the transactions and both sides are requesting approval from the authority, the government of the state, as a third party, should not interfere.

 

UNITED KINGDOM – Average UK Partner Law Firm Earnings Breaks £200,000

The UK law firms ‘ average annual earnings of partners exceeded £ 200,000 for the first time last year, new study has disclosed. Average partner pay hit £ 201,000 last year, up 7 percent from the previous year’s £ 187,000 figure and 35 percent from £ 149,000 in 2012. According to accountancy company Hazlewoods, the increase in partner income is partially due to the ongoing development of the UK legal industry, which was less influenced by Brexit than initially thought. It also quoted a firm hesitation to develop too many fresh partners along with an rise in automation and outsourcing of fundamental legal job for the partner pay bump.

 

INDIA – Rs 2,654 Crore Bank Fraud Case: DPIL’s Bhatnagar Siblings Are Granted Bail From Gujarat High Court

On Tuesday (June 18), the Gujarat High Court awarded Three (3) months provisional bail to siblings Amit and Sumit Bhatnagar, the promoters of Diamond Power Infrastructure (DPIL) based in Vadodara, accused of duping Rs 2,654 crore banks. Justice court Sonia Gokani issued the duo bail on the condition that they would not leave Vadodara and instructed them to deposit a Rs 2.5 crore bond each. The siblings also surrendered all of their 64 properties that stay in the High Court’s custody.

 

INDIA – Madras HC Needs SP To Figure Out If Nalini Is Willing To Hold A Video Conference

Tuesday (June 19), the Madras High Court directed the Vellore Prison Superintendent where Nalini Sriharan, convicted for life in the case of the Rajiv Gandhi assassination, is lodged to ascertain whether she is willing to present her case through video conferencing. Nalini had approached the court seeking approval for her private appearance to argue on her petition requesting six months of normal leave to arrange for her daughter’s marriage. “Thereafter, the question of allowing the petitioner to appear before this court would be considered physically.” According to Nalini, a life sentenced person is entitled to one month leave once in two years, and since she had never had such normal leave for more than 27 years, she submitted to the prison officials on February 25 requesting six months leave to arrange for the marriage of her daughter. The court bench posted the matter to June 25 for further hearing.

 

INDIA – Focus More On Accident Prevention, Madras HC Tells Government

The Madras High Court noted a CCTV footage of an incident involving a vehicle and Two (2) two-wheelers in Tambaram on June 8, in which four people suffered severe injuries. Justice N Anand Venkatesh, who took note of the incident on Monday (June 18), instructed state and police administration notice to investigate remedial measures. In this respect, the judge raised four particular queries. It is high time for all stakeholders to concentrate on accident prevention rather than confining their attention to post-accident measures, as the economic loss to society, town, state and nation, the loss of precious life and limbs, the judge said. As regards the four victims of the accident, the judge directed the police to register a case and bring them before him on July 1 to reach a compromise through mediation for the expeditious settlement of the claim for compensation.

 

UNITED KINGDOM – Why Can You Be Fined For Leaving A Cigarette On The Road, But Not For Harassing Females?

Catcalling and street harassment are not illegal in the UK, but sisters Gemma and Maya Tutton are campaigning to alter this. A Hollaback study! Moreover, Cornell University discovered that 90% of British females report street harassment before age 17. Plan UK claims that one in three women in the UK received unwanted sexual attention and that one in seven had been pursued while in their uniform. Of the more than 3,000 stories submitted to the London Catcalls campaign group, 72 % were under the age of 17, 60% were wearing a school uniform, and 100% were adult males. However, there is presently no particular law against street harassment in the UK. That’s why London’s Catcalls and Our Streets Now are joining forces to call on the UK government to criminalize street harassment.

 

 

 

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