INDIA – New Income Tax Law’s Task Force Promotes Lower Tax Rates and More Tools for Tracking Financial Transactions
The task force mandated to enact new income tax laws suggested lowering the tax rate, monitoring more financial transactions using technology to broaden the base, and maintaining some of the exemptions accessible to middle-class investors in a nation that lacks social security. With the Government choosing to review the report before making it public, particular details were not instantly available, but the wide direction is to make life easier for taxpayers by using technology and also to use it to improve the monitoring of transactions on a real-time basis. In any case, the Government has modified the law to remove the Rs 50,000 floor for reporting suspicious transactions, enabling even lower transactions, such as money deposits, to be reported to tax authorities. On Monday (August 20, 2019), the panel presented its report to Finance Minister Nirmala Sitharaman.
INDIA – Witnesses Cannot Be Prosecuted On The Grounds Of Their Evidence: Karnataka High Court
The High Court rescued three women, including a doctor and a nurse, who were to be prosecuted on the basis of the evidence they had provided in the case concerning the death of a new-born girl. A witness who has been brought before a court under section 132 of the Evidence Act is not responsible for prosecution on the grounds of any answer from him or her, the High Court said. It quashed the summons given by the Tumakuru Session Court against the three women.
INDIA – Madras HC Removes from Verdict the Controversial Paragraph on Christian Missionaries
On Tuesday (August 20, 2019), the High Court (HC) of Madras agreed to remove the controversial paragraph from one of its judgments, since it related to the accusations made by Christian missionaries of indulging in forcible religious conversions and the supposed “general feeling” among parents, especially children, that co-educational Christian institutions were highly unsafe for the future of their children. Justice S. Vaidyanathan accepted to delete the appropriate paragraph from his verdict in a case filed by a professor at Madras Christian College (MCC) accused of sexual harassment of girls during a study trip to Karnataka in January of this year.
INDIA – Law on Abortion: Union Cabinet May Soon Decide on a Bill Seeking to Increase Women’s Reproductive Rights
An amendment to the law allowing termination of pregnancy for up to 26 weeks, promising greater reproductive rights for Indian women, is expected to be presented shortly before the Union Cabinet. The existing law, which dates back to 1971, allows abortions of up to 12 weeks, which can be expanded to 20 weeks in particular cases. In a recent affidavit before the High Court of Delhi, the Ministry of Health of the Union stated that the process of amending the Medical Termination of Pregnancy Act (MTP) 1971 has begun and shall finalize it as soon as possible.
USA – California’s New Law Toughens the Laws on “The Use of Force” by The Police only When Necessary
California has adopted one of the nation’s strictest laws governing the use of force by the police, hoping to prevent the shooting of law enforcement officers. On Monday (August 21, 2019), Gov. Gavin Newsom signed Assembly Bill 392, which changes the standard for the justified use of deadly force by police officers from cases where it is “reasonable” to when “necessary.” The law redefines when the police can resort to deadly force ‘ based on the totality of circumstances ‘ and promotes the use of de-escalation and crisis intervention techniques.
INDIA – Cristiano Ronaldo’s Legal Team Acknowledged Paying $375,000 to Settle Sexual Assault Claim
Cristiano Ronaldo’s lawyers revealed for the first time in court documents that the football superstar had paid a sum to settle the allegation that he had sexually assaulted a woman in a hotel in 2009. According to the CNN report, the alleged victim said that Ronaldo had paid $375,000 in compensation and confidentiality after being charged with sexual assault. The legal team acknowledged in a petition submitted on Friday asking that the prosecution of the accuser be dismissed. However, Ronaldo has always argued that the encounter was consensual.
INDIA – Anticipatory Bail Pleas of Chidambaram in INX Media Case, Rejected: Delhi High Court
On Tuesday (August 20, 2019), the High Court of Delhi rejected both anticipatory bail requests by Ex-Union Finance Minister P Chidambaram in connection with the INX Media case. Chidambaram’s lawyers had asked a three-day stay and interim protection from arrest with both the CBI and the Enforcement Directorate (ED) in opposing to his plea that the leader of Congress was needed for custody interrogation. Following the refusal of the request for anticipatory bail, the lawyers of Chidambaram are likely to approach the Supreme Court. Meanwhile, the ED has summoned Chidambaram for questioning on August 23, in connection with the money-laundering probe in an alleged aviation scam during the rule of United Progressive Alliance.
USA – L’Oreal USA Must Permanently Pull Out 9 Infringing Haircare Products
The two-year legal dispute between Olaplex haircare start-up and L’Oreal cosmetics Titan heats up again. Following a week-long jury trial and a favorable verdict for Olaplex, which included almost $100 million in damages awards in connection with the jury’s finding that L’Oreal was, in fact, engaged in a willful infringement of patents and trade secret misappropriation, and In breach of the confidentiality agreement with Olaplex, U.S. District Judge Joseph Bataillon instructed that L’Oreal should also remove nine of its goods from shelves in the U.S. … for good, a decision that L’Oreal is ready to take. In the meantime, proceedings are also presently ongoing before the Patent Trial and Appeal Board (‘PTAB’) in which L’Oreal USA challenges a number of patent claims maintained by Liqwd Inc. for which Olaplex is the exclusive licensee, arguing that they are invalid on the grounds of allegations made in the previous patent applications filed by others.
INDIA – Bombay High Court Urges State Government to Treat All Citizens, Whether Rich or Poor, With Dignity
The State must treat all citizens, wealthy or poor, with dignity, the High Court of Bombay said on Tuesday (August 20, 2019) while withdrawing the government of Maharashtra for forcing nearly 15,000 families or 60,000 people to remain in the chemical pollution-affected Mahul region of Mumbai. Chief Justice Pradeep Nandrajog and Justice Bharati Dangre also referred to the biblical tale of Noah and his ark, stating, “Noah did not leave a single pet behind when the floods came, but took all of them to his boat.” Likewise, you must take care of the interests of all your citizens. You can manage five crore individuals in Kumbh Mela, but in this case, you can’t accommodate 60,000 people, “said the bench. This matter is to be heard in detail next week.
INDIA – Authorities Should Be Held Accountable for Maharashtra Devastating Floods: PIL filed in Bombay HC
A 55-year-old person from Kolhapur filed a lawsuit of public interest litigation (PIL) in the High Court of Bombay, seeking to hold the Maharashtra authorities responsible for several lapses that resulted in disastrous floods in his home district and Sangli. Heavy rains and floods struck several regions of western Maharashtra and the Konkan area previously this month, with Kolhapur and Sangli at their peak. The PIL is probable to be heard later this week by Chief Justice Pradeep Nandrajog and Justice Bharati Dangre. The petitioner, one Raosaheb, requested that the court direct the state government to set up an “expert committee of inquiry” to investigate the reasons for the floods.
CANADA – The Federal Court Approves Indian Day School Class-Action Settlement of Social Sharing
The Federal Court of Canada has approved the settlement of a class-action lawsuit against the Government to compensate thousands of First Nations, Métis and Inuit kids attending federally operated Indian Day Schools. Justice Michael Phelan issued his judgment on Monday, stating that the settlement was “fair and sensible and for the best interests of the class as a whole.” It offers a variety of compensations between $10,000 and $200,000 to former students depending on the abuse they have experienced while attending school. A $200 million legacy fund for wellness and healing projects will also be set up.
INDIA – Decide on Felling Two 100-Year-Old Cadell Road Trees: Bombay High Court to Tree Authority
On Monday (August 20, 2019), the Bombay High Court ordered the tree authority to decide on the felling of two 100-year-old trees on Cadell Road in Shivaji Park, Dadar. Chief Justice Pradeep Nandrajog and Justice Bharati Dangre heard a petition submitted by the National Tree Friends Society in 2000 to save two trees on the highway opposite the Catering College. The BMC then decided to cut down the trees citing their bad condition and traffic obstruction resulting in accidents. The society countered by saying that the trees were healthy, and official data showed that out of ten (10) accidents in 1998 and 1999, only one had occurred near the trees and the rest on the other side of the road. Disposing of the petition, the Judges also stated that if the NGO had any grievance on the negative choice taken by the tree authority, it would be at liberty to challenge it.
INDIA – Supreme Court Prevents Madras HC from Passing Final Orders on the Facebook Aadhaar Link Case
On Tuesday (August 20, 2019), the Supreme Court allowed the High Court of Madras (HC) to continue hearing a plea seeking to link Aadhaar numbers to social media profiles such as Facebook and Twitter but preventing it from passing final orders in the case. The top court also issued notificaitons to the central government and other social media companies, such as Twitter and Google, and requested their reply on a transfer plea filed by Facebook. At the hearing on Tuesday, Facebook-owned WhatsApp lawyer Kapil Sibal said that an order by any high court to link social media profiles to Aadhaar numbers or provide data on the origin of texts on its platforms, despite the end-to-end encryption feature, would have international ramifications and force the business to modify the product globally.
CANADA – Government of Ontario Is Abolishing University Legal Clinics
Provincial cuts and opt-outs model an imminent threat to student legal assistance clinics — writing problems for marginalized clients and risking a change in path for the entire generation of lawyers. The legal profession is now all too acquainted with Ford’s disastrous $133 million reductions to Legal Aid Ontario. These reductions have resulted in a 10% loss of financing for Ontario’s seven student legal aid services societies, provincially regulated law school clinics that provide a vital professional experience for lawyers in training. The government has ignored to classify law school clinics as “vital” facilities that would exempt them from opt-outs. But the legal profession knows better than that.
INDIA – The Court Takes Proceedings against 126 Students to MBBS under the State Quota
To ascertain the nativity of 126 students who were allocated medical seats in Tamil Nadu under the state government quota, the Madurai Bench of the High Court of Madras suo motu impleaded to them as a party to a writ petition on Monday. Justice R. Suresh Kumar impleaded to the students after four medical candidates had moved the court, claiming that at least 126 students from outside the state had been allocated seats under the state government quota, which was intended for indigenous students. The case was adjourned for a week.
AUSTRALIA – ‘Choose life’ floating around Sydney: what does the law say about political skywriting?
Today, a tiny aircraft looped through the calm and cloudless Sydney sky, spewing the engine-heated liquid paraffin out of its exhaust, producing puffy tracers. As individuals watched from rooftop bars, beach towels or their office windows all over the town, the aircraft scrawled with the words “save unborn,” “choose life” and a crucifix across the sky. The combination of fresh technologies and increasingly militant political activities may, in the future, lead to a more controlled and regulated urban atmosphere above our heads, which the geographer Jeremy Crampton described as an “enclosure” of vertical urban life.
INDIA – Case on Traffic Regulation and Road Safety: Union of India Made Party to PIL on Making Helmet Wearing Mandatory
Today, the Punjab and Haryana High Court have made the Union of India a party to ongoing public interest litigation (PIL) to make helmets compulsory. The developments were made during the hearing of the case of the suo motu or “court on its own motion” concerning traffic regulations and road safety. Taking Suo Motu’s knowledge of females riding away from the law by not wearing safety helmets, the High Court had previously notified the states of Punjab and Haryana, along with the Union Territory of Chandigarh, through home and transport secretaries. The notice came after a news report on an accident involving a female rider in Chandigarh had been brought to the High Court by law researcher Anil Saini.
INDIA – Top Court to Check at the Changed Rules for College Admission in Karnataka
The Supreme Court of India has decided to verify the validity of the Karnataka government rule, which excused unaided state private schools from admitting 25% of students of the socially and economically backward class to class one. Although this rule applies only if aided and government schools are located in the vicinity of an unaided or private school. The Supreme Court, headed by Justice N.V. Ramana, issued a notice on Monday to the State Government of Karnataka based on a petition that challenges the validity of the 2019 amendment to the Law on the Right to Education.
DUBAI – Know the Law: Can I Return To The UAE After Being Deported?
If an individual is deported from the UAE, he or she cannot return to the nation. This is in accordance with Article 28 of Federal Law No (6) of 1973 concerning immigration and residence, which states: ‘ Foreigners who have been deported may not return to the country except with special permission from the Minister of the Interior. ‘You may not be able to travel to the UAE on the basis of the aforementioned provisions of law. If a lifetime ban exists, you may authorize your power of attorney to appear on behalf of you before the authorities involved in the UAE and to verify with the officials involved the possibility of lifting the lifetime ban on you.
INDIA – Justice Denied: The Curious Case of the Inordinate Delay in the Elevation of the Judge
Notwithstanding the reasons why the Government of India has not taken a decision on the issue, what is disconcerting is the acceptance by the Supreme Court of what appears to be an obvious attempt to stonewall and thwart the recommendation of the collegium by providing the Solicitor General week after week “to take instructions” from the Government of India. Now that delay seems to have come to an end because the last order of the Supreme Court contains a phrase that reads, “Matter to be stated on such a date that the Chief Justice on the administrative side may decide on receipt of the registration report.” The phrase “such a date that the Chief Justice can solve on the administrative side” is full of possibilities.
