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

INDIA – The Bill To Scrap 58 ancient Laws Implemented In Lok Sabha

The government yesterday (July 25, 2019) launched a bill to reform 58 old laws in Lok Sabha, which, Law Minister Ravi Shankar Prasad said, are a cause of inconvenience and difficulty for individuals. Mr Prasad said the government of Narendra Modi has already abolished 1,458 ancient and archaic acts, and the move to abolish 58 more laws is a component of the same practice. Opposition members accused the government of “rushing through” bills without providing due time to lawmakers to deliberate on their content. He also dismissed the opposition’s claim that members had not been provided sufficient time to study the proposal, with Prasad stating that a two-day notice had been provided and adding that there is already an agreement that this is a good practice.

 

INDIA – Animals Slaughtering Can’t Take Place At Any Crossroad: Delhi HC

Slaughtering animals “cannot be permitted at any crossroads,” the Delhi High Court (HC)  said yesterday (July 25, 2019), seeking to understand from East Delhi’s municipal corporation what laws or regulations permitted such activity and where. When the corporation lawyer said there was a policy in place to regulate such activity, the court bench said: “It was not a matter of policy. You have to inform us under which law and regulations it is allowed and where. Otherwise, close the stores.” It directed the corporation to inform the court on the next day, August 8, what was the law, rule, and policy that regulated the slaughtering of animals, including poultry birds.

 

INDIA – Infosys Co-Founder’s Son-In-Law Among 3 Ministers Of Indian Origin In Boris Johnson’s Cabinet

Boris Johnson officially became Britain’s new prime minister on Wednesday and promised to leave the European Union on October 31 under a “new deal” with the 28-member economic bloc. Fellow Brexiteer Rishi Sunak, Infosys co-founder Narayana Murthy’s son-in-law, and housing minister Alok Sharma are also in line for frontline jobs. Their peer of Indian origin, Lord Jitesh Gadhia, also hailed Johnson’s Cabinet as the most varied cabinet in British history.

 

USA – New Outlaw: New York Bans Declawing; Cats Can Keep Their Claws

New York is the first state in the country to outlaw the practice of declawing cats, an operation that is considered inhumane and unnecessary by the advocates of animal rights. Declawing a cat was outlawed in most European nations, along with some Canadian provinces and U.S. cities including Denver, San Francisco and Los Angeles. Assemblywoman Linda Rosenthal advocated for five years for the anti-declawing bill before Gov. Andrew Cuomo signed it into law on Monday. The law is efficient immediately, with violators facing up to $1,000 fine.

 

INDIA – No Coercive Action Against Collective Lawyers Until Further Order: Bombay High Court

On Thursday (July 25, 2019), the Bombay High Court restricted the Central Bureau of Investigation (CBI) from taking any coercive action against NGO – Lawyers Collective (LC) by lawyers Anand Grover and Indira Jaising. A bench of judges Ranjit More and Bharati Dangre granted interim protection to LC and others until August 19, the next hearing date. Senior Advocate Aspi Chinoy, their lawyer, rejected all accusations of FCRA breach and claimed that the MHA’s complaint and the FIR were “abuse of power” on the face of it. He attempted to quash the FIR filed by the CBI, alleging a breach of the Foreign Contribution Regulation Act (FCRA).

 

INDIA – Government Presents Bill To Amend Company Law In Lok Sabha

One of the provisions proposed in amendments to the company law is to allow companies to transfer their unspent CSR funds to a separate account and to give more teeth to the central government to deal with violators and reduce the burden on special courts. The Companies (Amendment) Bill, 2019 — tabled in Lok Sabha (LS) on Thursday (July 25, 2019) — also aims to allow the National Financial Reporting Authority (NFRA) to conduct its duties through divisions and executive bodies. Also, the bill seeks to empower the Registrar of Companies (RoC) to initiate action to remove the name of a company if the latter does not carry out company operations under the Act.

 

UNITED KINGDOM – Forced penetration: If A Female Is Forcing A Guy To Have Sex, Is That Rape?

If a guy has penetrative sex with a female without her permission, that’s rape. But what if a female makes a guy have sex with her without his permission? That’s not rape under England and Wales legislation, but the author (Katie Silver) of a new phenomenon study says perhaps it should be. Dr Siobhan Weare of Lancaster University Law School’s recent research released this week, based on one-to-one interviews with 30 males between May 2018 and July 2019, explores in more detail the context in which forced penetration happens, its implications, and the reaction of the criminal justice system.

 

INDIA – Chief Justice of India Ranjan Gogoi Displeasure At The No-Show By Senior Advocates

India’s Chief Justice Ranjan Gogoi voiced his disappointment at senior advocates’ no-show on Thursday (July 25, 2019) even after being invited explicitly by the Supreme Court. “When they want the matter to be listed urgently, midnight or 2 am, they’re always here, but they can’t come when we call them,” lamented Justice Gogoi. Senior lawyer Rajeev Dhavan, appearing in the matter of Karnataka’s political crisis, said: “Now my lord is embarrassing us.” “Yes, we are …,” the chief retorted, expressing his anguish. The judge was unhappy with the absence of senior lawyer Mukul Rohatgi in court again on Thursday even though the bench had adjourned the matter a day ago, specifying that it will wait for Rohatgi and senior lawyer AM Singhvi to pass final order.

 

INDIA – Lok Sabha Passes The Anti-Terrorism Bill In The Context Of Opposition Issues Over Misuse

Just a week after the National Investigation Agency (NIA) bill was adopted by both House of Parliament, the Lok Sabha enacted the Unlawful Activities (Prevention) Amendment Bill 2019 on Tuesday (July 23, 2019), in a move that provides a large boost to India’s internal security machinery. With the Bill being put to the vote in the Lower House, 287 members voted in favour of the Bill while Eight (8) members dissented, Congress members of Parliament (MPs) walking out of the Lok Sabha, demanding that the Unlawful Activities (Prevention) Amendment Act Bill be sent to a Standing Committee for evaluation. The Bill amends the 1967 Unlawful Activities (Prevention) Act, offering special procedures for dealing with terrorist activities, as well as people and organizations promoting terrorism in India.

 

AUSTRALIA – Law Allows The Australian Government To Ban Extremists For Up To 2 Years

On Thursday (July 25, 2019) Australian Parliament enacted laws that allow the government to deter suspicious extremists from coming back home for up to Two (2) years despite worries that it might be unconstitutional. The Senate enacted the laws with the centre-left Labor Party supporting the conservative government’s bill even though it feared home affairs minister Peter Dutton would have too much discretion to decide who was banned. The law will come into effect in about two weeks. Dutton said repatriations would be chosen on a case-by-case basis, especially where young children are engaged.

 

INDIA – Coming Soon In The UK Court: A Royal Battle Between The Ruler Of Dubai And The Princess Of Jordan With An Indian Twist

Princess Haya of Jordan and her disengaged husband Sheik Mohammed, Dubai’s ruler, have shifted applications for custody of their two kids before a UK court in an unprecedented turn of events. After weeks of speculations and leaks, a two-day hearing has been set in London High Court’s family division. Although the court hearing scheduled for July 30-31 only concerns the welfare of two kids, UK-based activists believe it would be the first opportunity for Princess Haya to record the alleged detention of Princess Latifa, the daughter of Sheik Mohammed. Lawyers who helped Princess Latifa to flee later stated that the Indian government helped the UAE capture the princess and hand her over to the ruler in Dubai. The Indian government had denied any such developments.

 

INDIA – Farmhouses Cannot Be Used As Banquet Halls: Delhi HC

On Monday, the Delhi High Court (HC) said farmhouses in the national capital would not function as banquet halls hosting weddings, conferences and other functions. The verdict came as the high court heard a plea from Manaktala Farms, through its owner, challenging an order from the Delhi Pollution Control Committee (DPCC). The plea asserted that there was no illegality in operating a banquet hall since the petitioner received the required permissions from South Delhi Municipal Corporation (SDMC). However, the court said the petitioner did not point out any provision in MPD-2021, which allows farmhouses to be used for business purposes.

 

USA – 10 Travel Warnings Have Been Issued By Other Countries About Visiting The U.S.

The U.S. State Department issues travel advisories about other countries’ security, health, regulations, and customs. Other nations are doing the same for the U.S. Here’s what Ten (10) countries want their citizens to know about U.S. travel. 1. The office recommends German tourists to have travel health insurance and a credit card in case of needed medical attention, and medical care is often more costly in the U.S. 2. Changing clothes on the beach, even for children, is frowned on or even punishable, the Federal Ministry of Europe of Austria writes. 3. Spain’s foreign ministry reminds travellers that officials can fine or arrest anyone seen drinking alcohol in parks, roads, or other public areas. 4. Canada warns travellers about home break-ins at U.S. holiday homes. 5. Australia’s government claims “you’re almost twice as probable to be killed in a U.S. motor vehicle accident as you are in Australia.” 6. Many nations, including New Zealand, caution U.S. travellers about terrorism. 7.”Terrorists are likely to attempt to carry out assaults in the United States,” the United Kingdom recommends on its overseas travel advice website.8 In 2016, the Bahamas issued a travel advisory saying that young men, in particular, should “exercise extreme caution” when interacting with the police. 9. Ireland advises people travelling in the U.S. to maintain their travel documents on them at all times because of the latest legislation “intended to define and decrease the number of illegal immigrants.” 10. France proposes that tourists “take a reserved approach towards individuals of the opposite sex” to prevent accusations of sexual harassment.

 

INDIA – ‘An Inquisitive Mind Needed For Lawyers To Learn Cross-Exam Skills’

Junior lawyers should understand that cross-examination abilities can be obtained with an inquisitive mind and knowing the nitty-gritty of court proceedings. Therefore, it is essential to work under the guidance of good lawyers on how to deal with different situations, said Senior Counsel Subodh Dharmadhikari on Wednesday (July 24, 2019). Dharmadhikari spoke on various topics when lawyer Bhanudas Kulkarni interviewed him as part of a program organized by the Study Circle High Court Bar Association.

 

INDIA – PIL To Limit Cash Transactions At Rs 10,000 In Delhi HC

A PIL was moved to the Delhi High Court (HC) on Thursday (July 25, 2019), seeking instructions from the Center and AAP government to cap cash transactions at Rs 10,000, stating such a move would help reduce illegal operations such as terrorism, corruption, and the use of black money. The petition, by BJP leader and lawyer Ashwini Kumar Upadhyay, asserted that “cash transactions in large denomination currency are used in illegal operations such as terrorism, Naxalism, separatism, radicalism, smuggling, money laundering, abduction, extortion and corruption.” Upadhyay contended that a cash transaction cap would force black money holders to declare their movable and immovable assets unaudited. The plea said the government could use the revenue generated to improve society and provide people with good infrastructure and facilities.

 

FRANCE – Discrimination In Medically Aided Procreation Must Stop: Advocates

Advocacy groups welcomed the recommended modifications to bioethics legislation presented to the French Council of Ministers on Wednesday. If adopted, the law would allow all women access to medically aided techniques of procreation, despite their sexual orientation or relationship state. But, the question of how to register the child’s line of descent remains a controversial issue.

 

INDIA – Delhi High Court Provides Relief To Firms In The Anti-Profiteering Probe

A company is needed to offer information only about the ‘complained commodity’ to the Director-General of Anti-Profiteering (DGAP) and not about every commodity it produces, the Delhi High Court said. A complained product refers to a product against which a complaint is alleged not to pass GST rate reduction or Input Tax Credit (ITC) benefit. Any consumer can make the complaint, or even a tax officer can file a complaint suo motu. The National Anti-Profiteering Authority (NAA) instructed a profiteering inquiry against the said commodity.

 

INDIA – Gujarat HC Allows A Surat Teen Who Is Pregnant For 24-Weeks To Abort Fetus

In the victim’s best interests, the High Court (HC) in Gujarat has permitted a 14-year-old to terminate her 24-week pregnancy. The court, which also relied on the opinion of a panel of doctors, directed the state to ensure that the victim was also given pre- and post-termination care. However, the court also ordered Surat Civil Hospital doctors to bring required tissue samples from the foetus for DNA identification and to hand them over to the investigating officer concerned.

 

INDIA – IATA Can Encash Bank Warranties Provided by Cox & Kings: Bombay High Court

The Bombay High Court permitted the International Air Transport Association (IATA) to encash bank guarantees supplied by tour operator Cox & Kings. The court vacated its interim stay on Wednesday (July 24, 2019) on bank guarantee invocation after the tour operator withdrew its commercial arbitration petition challenging the action of IATA. The tour operator had moved Bombay High Court previously this month and secured an interim relief against the invocation of bank guarantees.

 

INDIA – How Secure Is WhatsApp? Your Messages Can Be Tracked, IIT Professor Tell High Court

Against the stand of social media businesses, an IIT-Madras professor on Wednesday (July 24, 2019) told the Madras High Court (HC) that it was technically feasible to trace the initial sender of texts shared on platforms such as Facebook and Whatsapp. Professor V Kamakoti made the submissions before a bench of Justice S Manikumar and Justice Subramonium Prasad hearing a PIL requesting guidance from the police to connect Aadhaar number to users’ social media accounts for easy identification of the accused in cybercrime cases. Kamakoti said that it was technically feasible to add an identification tag to messages. The bench then directed the professor and his team to present their opinions as a report by July 31 to allow social media companies to submit their response and adjourned the matter to that date.

 

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