Legal News Shots- The Most Important Picks- A Must Read
Legal News Shots- The Most Important Picks- A Must Read

INDIA – Madras High Court To Centralize Recruitment Of Lower Court Employees

The Madras High Court decided to centralize the recruitment of staff for lower courts across the state by setting up a Judicial Recruitment Cell (JRC). The JRC will henceforth recruit employees for all lower courts in the High Court, and the appointment orders alone will be given by the principal district judges (PDJ) and the chief judicial magistrates (CJM) concerned. According to a notice from Registrar General (R-G) C.Kumarappan, the Government of the State, approved a proposal for the formation of the JRC to hire members of the Tamil Nadu Judicial Ministerial Service, with the exception of the posts of junior assistant, typist and steno typist under the authority of the Tamil Nadu Public Service Commission.

 

INDIA – Victims of Rape Can End Pregnancy Without Permission From The Medical Board: Madras High Court

The Madras High Court said a female could end her 20-week-old unwanted pregnancy on her own without the court or medical board’s authorization. On Wednesday (June 19, 2019), while disposing of a petition from a rape victim who contacted the court for permission to terminate her pregnancy after a government hospital refused to end it, the court produced this remark. The judge further stated that even in instances where the duration of pregnancy surpassed 20 weeks, if the woman’s life was under threat, it may be terminated (according to the Medical Termination of Pregnancy Act).

INDIA – Cabinet Approves Amendments To A Law To Enhance NIA In Probing Terror Cases

The Union Cabinet has learned to approve a proposal to amend two laws to give the National Investigation Agency (NIA) more teeth in investigating terror instances in India and overseas, sources said on Monday (June 24). In the coming days, separate bills will be implemented in Parliament to amend the National Investigation Agency (NIA) Act and the Unlawful Activities (Prevention) Act, they said. Amendment to UAPA Schedule 4 will allow the NIA to designate a person suspected of having terrorist connections as a terrorist. As of now, only organizations are identified as ‘terrorist organizations.’ The amendments will also enable the NIA probe cybercrimes and human trafficking cases, sources aware of the proposition said.

 

INDIA – Network Of Health NGOs Seeks For The Withdrawal Of Cases Against Lawyers Collective

All India Drug Action Network (AIDAN), a group of health-care activists and NGOs, condemned the FIR filed by the Central Investigation Bureau (CBI) against the Lawyers Collective’s (LC) office bearers. The FIR was lodged against LC President Anand Grover and Secretary Indira Jaising – both advocates of the Supreme Court. Earlier in June, the CBI filed cases against LC and its office bearers including Grover and Jaising for supposed breach of regulations in obtaining foreign aid and discrepancies in use, based on a complaint raised by the Ministry of Home Affairs. Calling the case of the CBI against them as ‘gross abuse of regulatory authority,’ AIDAN requested that the case be immediately withdrawn in the public interest.

 

USA – SC Claims Tough Gun Law Is Unconstitutionally Vague, Dividing Trump’s Two Nominees 

A federal law requiring longer prison sentences for using a gun during a “crime of violence” is unconstitutionally vague, a profoundly split Supreme Court (SC) ruled on Monday, June 24, 2019. The verdict split not only the judiciary in general, but the two nominees of President Donald Trump in specific: Associate Justice Neil Gorsuch joined the four liberals of the court and wrote the judgment. Associate Justice Brett Kavanaugh delivered a fiery dissent to the other conservatives of the court.

 

INDIA – A Lawyer Of Uttar Pradesh District Court Shot Dead By Assailants In Prayagraj

A district court lawyer, Sushil Kumar Patel was shot dead near the Gohri railway crossing in Prayagraj district of Uttar Pradesh. The lawyer was proclaimed dead by the doctors at the Swarup Rani Nehru hospital. Patel was on his way to Phaphamau from his village on his bicycle on the night of Sunday (June 23), when the assailants came on motorbikes, overtook him near a railway crossing and sprayed him with bullets. The assailants fled on their motorcycles. The incident happened less than Two (2) weeks after another lawyer on the premises of the Agra District Court shot dead the chairman of the Uttar Pradesh Bar Council, Darvesh Yadav.

 

INDIA – Homosexual Couples Still Yearn For Legal Rights In Spite Of Social Marriage

Indian law does not provide LGBTQIA+ (Lesbian, Gay, Bisexual, and Transgender) individuals with the same range of freedoms and obligations as it does for heterosexual married couples. Explaining this, Aditya Bondyopadhyay, a Delhi lawyer and former gay rights advocate, says” There is no such law in India. There are two marriage aspects. One is the social aspect in which, in the presence (or not) of friends and family, two consenting adults decide to go through a ritual and accept their partner as a wife. In India, publish the judgment of the Supreme Court to decriminalize Indian Penal Code Section 377, many can do that publicly”. There is, however, a legal aspect of divorce that gives two individuals privileges and obligations. These include, for instance, the inheritance of assets, wife servicing, etc. Earlier this year, the Madras High Court indicated that, according to the Hindu Marriage Act, the word “wedding” would also imply a transsexual, not just a woman born. The judges included Justice GR Swaminathan, who cited the decisions of the Supreme Court and epics, such as Ramayan and Mahabharata, and indicated that the “bride” in the Hindu Marriage Act could not have a static meaning. This term involves not only females but transwomen as well. Author Sandip Roy says, “This is a big step towards equality, but we should not see it as the court opens the door to the recognition of same-sex marriage between two gay men or two lesbian.” Activist Venkatesh Kodukula believes that things will not change overnight. “The decriminalization of Section 377 has not yet guaranteed the LGBTQIA+ (Lesbian, Gay, Bisexual, and Transgender) group equivalent privileges. There is still no legal requirement for the gay community to get legally married.

 

USA – United States Does Not Respect International Law – Iran’s UN Envoy

Iran’s U.N. ambassador said Monday (June 24) the recent U.S. penalties against Iran showed that Washington does not respect global law and called for dialogue on national safety. The U.S. decision to impose more sanctions is another indication that the U.S. “does not respect international law and order,” Ambassador Majid Takht Ravanchi told reporters at the United Nations.

 

INDIA – Govt. Appoints Senior Lawyer, Ashok Parija, General Advocate of Odisha

On Monday (June 24), the State Government appointed senior lawyer Ashok Parija as Odisha’s new Advocate General. Parija was declared Chairman of the Bar Council of India in July 2011, assigned as a senior advocate in 2003, and selected as a member of the State Bar Council in March 2008. He became a member of India’s Bar Council the same year in August. Parija is now replacing the present Advocate General Surya Prasad Mishra.

 

INDIA – District Lawyers Urges Political Parties To Back OBC Bill

District Lawyers held a protest for the passage of OBC Bill in Parliament at the Rangareddy District Court on Monday, June 24, 2019. Speaking on the occasion, lawyer Puligari Govardhan Reddy said, “All political parties should extend their assistance for Other Backward Class (OBC) bill enactment. Almost 52% of the population belongs to OBC classifications. There is no appropriate proportionate representation for them in either Lok Sabha or Rajya Sabha. As such, it should be supported by all national and state parties.

 

CANADA – Animal Protection: Shark Fin Win For Animal Law; Three Monumental Animal-Law Wins

Canadians had three monumental animal-law wins this June alone. The first win was the passing of Bill S203, the Free Willy bill that prohibited the import of whales and dolphins into Canada and prohibited their reproduction as entertainers. The second animal protection victory for humans was the passage of Bill C84, which lastly amends the parts of the Criminal Code on bestiality and animal fighting to offer animals higher protection. The third animal law victory that occurred on June 18, namely the historic passage of an amendment to the Fisheries Act that banned shark finning and is attempting to grapple with the depletion of fish in Canadian waters, the 150-year-old Fisheries Act looks like it got a much-needed facelift. The federal government stepped up and modified a current piece of fisheries legislation, Bill C68, which was further in the legislative labyrinth and permitted the shark fin piece to be copied and pasted into the bill to be enacted with some dispatch before Parliament rose for the summer break.

 

INDIA – Delhi High Court Endorses The Dismissal Of Two Police Officers In Katara Case

The Delhi High Court upheld the dismissal of two cops who allowed Vikas Yadav to leave his hospital room in AIIMS without parole on Deepavali’s night in 2011. Vikas Yadav was facing trial and serving a 25-year prison term for Nitish Katara’s murder. A Bench of Justices dismissed the appeals of the cops against the Central Administrative Tribunal (CAT) judgment, which agreed with the disciplinary action made against them. Katara was abducted from a marriage party on the night of February 16-17, 2002, before he was murdered for his supposed affair with Vikas Yadav’s sister Bharti, the daughter of Uttar Pradesh politician D.P. Yadav.

 

INDIA – Payal Tadvi Murder Trial: Court Dismisses 3 Female Doctors’ Release Requests

Special court judge P B Jadhav dismissed Hema Ahuja, Bhakti Meher and Ankita Khandelwal’s bail requests since their detention on May 29. Following the judge’s ruling, the three charged broke down and began to sobb in court. Special public prosecutor Raja Thakare, however, objected bail requests, stating that prima facie content was available in the situation to incriminate the accused. Advocate Gunratan Sadavarte, appearing for the victim’s relatives, submitted to the court notice a letter published by Tadvi’s mom to the police commissioner, alleging that the three charged had endangered her and the deceased’s parents at the court grounds. The accused were booked under the applicable provisions of the Indian Penal Code (IPC) Scheduled Castes and Tribes Act, the Anti-Ragging Act, the IT Act and section 306 (abetment to suicide).

 

UNITED KINGDOM: UK Court Of Appeal Stops Compelled Abortion For Woman With Disabilities

Doctors may not forcibly abort a disabled British woman’s child, judges of the appeal court have held. Yesterday (June 24) three judges of the Court of Appeal overturned a decision of Ms Justice Nathalie Lieven, 55, that doctors should abort the woman against her will. The new judgment follows days of protest as even some pro-abortion proponents reeled at the concept of the British state forcing a female to go through an abortion against her desires.

 

INDIA – The Supreme Court Rejects A Petition Supporting The Quota Of Maratha In Medical Schools Of Postgraduate

The Supreme Court declined to file a complaint contesting an order of the Bombay High Court dismissing a request against a quota of 16% for Marathas in admission to postgraduate medical and dental colleges. A panel of judges Sanjiv Khanna and B R Gavai said the admission process came to an end on June 17 and the request could not be ordered. “As the entry method for the academic year 2019-20 ended on 17 June 2019, we are not willing to interfere with the impugned order adopted by the High Court. Consequently, the unique permit petition is rejected,” the panel said. The petition said, “In the present case, the impugned ordinance is obviously an attempt to nullify the judgment passed by the high court and, as upheld by the Supreme Court, thereby holding the provisions of the SEBC Act, 2018, unenforceable for the current academic year, the admission process for PG Medical Courses which has already begun before the Act was implemented.” It said the contested order is therefore counter to the Supreme Court’s law and needs to be set aside.

 

INDIA – Bombay HC Issues Notice To 3 Newly Appointed Ministers In A Plea Challenging Their Appointment

On Monday (June 25), the Bombay High Court released notice to newly appointed Maharashtra ministers – Radhakrishna Vikhe Patil, Jaydutt Kshirsagar, and Avinash Mahatekar, requesting their reply to a complaint challenging their appointment. A division bench was hearing a petition from advocate Satish Talekar challenging the appointment of the three politicians as ministers in the Devendra Fadnavis government as they were not members of either state legislature house. In October this year, assembly elections are due in Maharashtra. The court told the leaders to file their response within four weeks.

 

 

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