Legal News Shots- The Best Shots of the Day
Legal News Shots- The Best Shots of the Day

INDIA – India Outlaws Muslim Practice Of Immediate Divorce “Triple Talaq”

The Indian parliament has approved a bill to end the Muslim practice of instant “triple talaq” or divorce two years after the Supreme Court said it violated Muslim women’s constitutional rights. The upper house of parliament, Rajya Sabha, enacted the Muslim Women (Marriage Rights Protection) bill on Tuesday (July 30, 2019) with a 99-84 authorization, making the practice punishable with up to three years in prison. The passage of the bill was a win for India’s nationalist Hindu Prime Minister Narendra Modi, who said the bill “corrects a historical wrong done to Muslim females” even as the opposition protested, stating it could be used to harass Muslim males.

 

INDIA – As Per UGC Norms, Rajasthan Assembly Enacts Bills For The Appointment Of University Vice-Chancellors

On Tuesday (July 30, 2019), the Rajasthan Assembly enacted the University Law (Amendment) Bill, 2019 and the Rajasthan Technical Universities Law (Amendment) Bill, 2019 by ballot. Both bills attempted to include provisions for the appointment of skilled and engaged persons as vice-chancellors of any university in accordance with UGC norms and also included measures to remove the vice-chancellor from the post. The bills were suggested by Minister of Higher Education Bhanwar Singh Bhati and Minister of Technical Education Subhash Garg. Moreover, there is no provision in the laws of universities for the removal of a vice-chancellor, if any unprecedented condition warrants it, before the end of his tenure.

 

 

INDIA – Government To Call On European Union To Align Its Data Law With GDPR

India will approach the European Union seeking ‘adequacy’ status with the General Data Protection Regulation (GDPR) once the nation finalizes and passes its own Personal Data Protection Bill, two individuals familiar with the issue said. The reciprocal recognition of data protection equivalence is anticipated to decrease the compliance burden and provide a leg-up for the outsourcing and technology sector to attract clients from Europe. “Adequacy means we recognize each other’s privacy protections. This will help all industries,” a senior official in the government said. The EU Commission and Japan signed a comparable equivalency agreement to allow secure information transfers based on a high level of private information security.

 

USA – New law In California Would Require Trump To Publish Tax Returns

Democratic Governor of California signed a law on Tuesday (July 30, 2019) requiring presidential candidates to publish their tax returns to appear on the state’s primary ballot, a move aimed squarely at Republican President Donald Trump. But even if the law faces a probable legal challenge, Trump could avoid the demands by selecting not to compete in California’s primary. With no credible Republican challenger at this point, he probably won’t need delegates from California to win the Republican nomination.

 

INDIA – Anti-Mob Lynching Bill Implemented In The Rajasthan Assembly

On Tuesday (July 30, 2019), the Rajasthan government launched a Bill in the assembly, proposing up to life imprisonment in lynching cases and naming senior police officers as “coordinators” to avoid such mob assaults. Lynching Bill’s 2019 Rajasthan Protection brings those who conspire or assist in the act in the same category as those who were committing mob lynching. If the Bill becomes law, those convicted of lynching will face “rigorous life imprisonment” and a fine of between Rs. 1 lakh and Rs. 5 lakh in case of death of the victim. The punishment in cases where the victim is hurt will vary – up to 10 years in prison and a fine in cases of serious injury between Rs. 25,000 to Rs. 3 lakh.

 

INDIA – Why Should The Court Suppose The Authority Of The Speaker To Disqualify MLAs Under The Anti-Defection Law: SC

The Supreme Court on Tuesday (July 30, 2019) asked why courts should venture on the issue of disqualifying MLAs for defection when the Constitution has conferred this power on the speaker of the Assembly. “When the Tenth Schedule of the Constitution gives the speaker the authority to disqualify, then why should the court suppose that authority?” said the judges ‘ bench S A Bobde, R Subhash Reddy, and B R Gavai. The bench made this remark while hearing an appeal lodged by DMK leader R Sakkarapani challenging the April 2018 Madras High Court judgment rejecting his plea seeking disqualification from 11 AIADMK MLAs, including Deputy Chief Minister O Panneerselvam.

 

USA – More NSA Call Data Problems Surface As The Law Approaches Expiration

Even after the National Security Agency (NSA) announced last year that it had purged documents about Americans because some were gathered inappropriately, the agency deliberately continued to maintain some of the information, according to a newly declassified study. The part of the Freedom Act statute that allows the National Security Agency to access American calling records quickly is just one of several oversight-related authorities set to expire on Dec. 15. The government wants lawmakers to extend the others, including the ability of the FBI to obtain court orders for business records deemed relevant to a national security investigation under section 215 of the Patriot Act. The House Judiciary Committee has begun drafting prospective legislation to cope with the deadline and is planning hearings this fall, a senior Democratic assistant said.

 

INDIA – NSEL Case: Bombay High Court Summons PC, 2 IAS Officers In Rs 10,000 Crore Damage Suit

In connection with Rs 10,000 crore damage suits filed by 63 moons technologies, formerly known as Financial Technologies Ltd (FTIL), and their role in engineering the NSEL payment default crisis, the Bombay High Court has summoned former Union finance minister P Chidambaram and top serving bureaucrats, KP Krishnan and Ramesh Abhishek. The Bombay High Court asked the three to remain in court on October 15. “You are required to file an appearance in person and a written statement for your defence with this Hon’ble Court and to serve a copy of the complainant’s written statement within 12 weeks of serving this summons on you,” said the Bombay High Court order of July 24. There’s no money trail traced to NSEL, 63 moons, and its founder Jignesh Shah by various investigative organizations, according to the lawsuits.

 

CANADA – Federal Lawyers Did Not Break The Rules In Hassan Diab’s Extradition Case: Review Findings

An external review of Ottawa academic Hassan Diab’s extradition concluded that federal lawyers on the case did their jobs ethically and within the law. Murray Segal, a former deputy attorney general in Ontario, wrote that Canada’s extradition law is mainly misunderstood and the scheme could function better — but no one who worked on Diab’s extradition broke the laws. The 126-page paper, submitted to the federal government in May, was made public Friday (July 26, 2019) It examines whether government lawyers in the Department of Justice (DOJ) and its “International Assistance Group” (IAG) behaved correctly in construction and presenting the case for Diab to be sent to France on charges linked to a 1980 synagogue bombing.

 

INDIA – Supreme Court To Take A Decision On The EWS Reservation Bench Pleas

On Tuesday (July 30, 2019), the Supreme Court (SC) said it would decide whether a two-judge bench will hear the complaints challenging the validity of the constitutional amendment granting 10% reservation in employment and admissions under the economically weaker segment (EWS) category or refer them to a bigger constitutional bench. The arguments in the matter stayed inconclusive, and the court will proceed the hearing on Wednesday. Earlier, the SC refused to put the quota under the EWS category on hold. “Reservation is an exception to the notion of equality and is designed to attain equal opportunities,” a court bench led by Justice S A Bobde informed the parties appearing in the matter.

 

INDIA – Assam Govt. To Free “Foreigners” Detained For More Than 3 Years After Supreme Court Order

Following a Supreme Court order, the Assam government has chosen to release “declared foreigners” languishing in its detention centers for over three years. It has sent notifications in this respect to all six such centres across the state. But to be set free, the detainees would have to produce two assurances of Rs. 1 lakh each, besides a verifiable address. Sources in the Assam government said they would also be needed to provide biometric data such as fingerprint and iris scans, in addition to photos, and report every week to a police station in their locality. The method will begin this week, sources said. Opportunities, a bench led by Justice S A Bobde informed the parties appearing in the matter.

 

DUBAI – Know The Law: Nobody Has The Right To Insult You In The UAE

You can lodge a criminal complaint against the individual who used abusive language against you and other employees. Employers should not abuse their staff in the workplace as abusing any person in the UAE is a criminal offence. This complies with Article 374 of Federal Law No. 3 of 1987 in the issuance of the UAE Penal Code. It states that “Punishment by detention for a period not exceeding six months or a fine not exceeding Dh5,000 shall  be applied if slander or abuse is transferred by telephone or face to face with a victim and in the presence of a third party.”

 

INDIA – Unnao Rape Survivor Remains ‘Critical But Stable’; SIT Is Formed By UP Police To Investigate Accident

The Unnao rape survivor stayed “critical but stable” on Tuesday (July 30, 2019) as she underwent therapy at Lucknow’s King George’s Medical University (KGMU), a day after the car she, her lawyer, and her aunts were travelling when encountering an accident while on their route to Raebareli. The Uttar Pradesh (UP) Police formed a Special Investigation Team (SIT) to test the road accident. “We set up an SIT headed by Additional Police Superintendent Raebareli Shahi Shekhar to probe the Raebareli mishap on Sunday,” IG (Law and Order) Praveen Kumar told reporters. Circle policemen Gopinath Soni, Lakshmikant Gautam, and RP Shahi will also be team members, he said. The team will go into all elements and monitor the incident until the CBI takes over the probe, the agent said.

 

INDIA – Locked In E-cigarette Litigation, Vapes Ban, Health Minister Seeks Law Minister’s View

A month after India’s top drug advisory body recommended moves to help government ban products such as e-cigarettes and vapes, the Ministry of Health has sought the opinion of the Law Ministry on whether it can go ahead with them, the Indian Express has learned. This is because, according to senior officials aware of the development, the Ministry of Health is locked in litigation against the ban. The Drugs Technical Advisory Board (DTAB) endorsed a suggestion in June to regulate Electronic Nicotine Delivery Systems (ENDS) as ‘ drugs ‘ and ban their sale in the nation.

 

UNITED KINGDOM – UK HC Rules For Govt. On The Case Of The Investigatory Powers Act

In a case about government surveillance, the High Court ruled on Monday (July 29, 2019) against Liberty, a UK Civil Rights Group, for the government. The court assessed all of the appropriate acts in question and eventually sided with the government. The court discovered that Parliament had regarded and expressed comparable concerns about violence by choosing to tackle those in the Investigative Powers Act through multiple interlocking safeguards. The court eventually refused to discover any incompatibility between the Investigative Powers Act and the Human Rights Act. The court specifically cited the Commission of Investigatory Powers as a body responsible for the prevention of abuse.

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