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

INDIA – Investigation is the prerogative of the police, and the courts should not interfere: Supreme Court

An investigation into crimes is the “prerogative” of police and the courts should not interfere at every stage of the investigation, as this would affect the normal course of the investigation, the Supreme Court said on Thursday. The apex court, while denying advance bail to senior Congressman and former Union Minister P Chidambaram in the INX Media money laundering case, stated that it must be left to the discretion of the investigative agency to decide the course of the investigation and, except in rare cases, the judiciary should be kept out of it. The bench said Solicitor general Tushar Mehta had rightly argued that if  accused were to be confronted with material collected by the ED with considerable effort, it would “lead to devastating consequences and defeat the very purpose of investigating crimes, in particular, white-collar crimes.”

INDIA – India: Christians Advise Against The Law To Increase Punishment For ‘ Forced ‘ Religious Conversions

A state in India has enacted a raw law broadening the definition of illegal conversion and establishing stricter penalties for those accused of forced conversion. Critics fear that the update of the so-called religious freedom law will be used by Hindus to further intimidate Christians. The Freedom of Religion Act 2019 was unanimously endorsed by the legislature in the northern Indian state of Himachal Pradesh on 30 August. According to The Hindu, the State Legislature is led by the Hindu nationalist Bharatiya Janata Party. The bill increases the maximum penalties for violating the law of forced religious conversion from three years in prison to seven.It replaces the 2006 State Freedom of Religion Act, which prohibited religious conversion as a consequence of force or inducement.

INDIA – Eve Of Teachers Day: Delhi High Court Expresses Concern About Educators Not Getting Amended Wages

On the eve of Teachers Day, the High Court of Delhi expressed concern at the city teachers not getting their due as per the 7th Central Pay Commission guidelines. Justice Suresh Kait reminded the Delhi Government that it is the responsibility of its Education Directorate (DoE) to guarantee that the salaries of teachers working in different schools, including the Sanskriti School, are paid in accordance with CPC norms. The court also requested the director of education to appear before him and to clarify why the government did not step in when the Sanskriti School was unable to pay the amended wages to the teachers.

USA – Law On Burial Of Fetal Remains, Hoping To Revive In Texas

Arguments over a Texas law requiring health clinics to bury or cremate fetal remains from abortions and miscarriages are put forward by the Federal Court of Appeals in New Orleans. The law was blocked last year by a Texas judge.U.S.—District Judge David Ezra held that many clinics would be unable to satisfy the demands of the law, creating unconstitutional barriers for females seeking an abortion. It also discovered that it breached constitutional equal protection demands by exempting in vitro fertilization clinics and some laboratories.

INDIA – I Like To Live A Quiet Life; The Kashmiri Law Student In The Supreme Court On His Return From Valley

The law student who was permitted to visit Kashmir to inspect his parents on the instructions of the Supreme Court said that he wished to lead a ‘ quiet and uneventful life’ when he handed an affidavit to the judges in a sealed envelope detailing his visit. Mohammed, a law graduate in Jamia Millia, Delhi, submitted a plea seeking details about his family in Kashmir. In its order of 28 August, the Supreme Court allowed  Communist leader Sitaram Yechury and  law student Aleem Syed Mohammed to travel to the Valley, which had been under a security lockdown since 5 August, when Article 370 had been scrapped in the state under police protection and asked them to submit a report on their return.

INDIA – Delhi HC Tells The Police To Make Sure Lighting In The Subway

The Delhi High Court has directed authorities to guarantee appropriate lighting in the subways and police patrolling in the national capital on foot-over-bridges so that are not misused by miscreants. Chief Justice D N Patel and Justice C Hari Shankar have said that the public uses these subways and foot-over-bridges widely and that these places should be kept clean and open for them. “Therefore, the respondents shall take care of the subways and foot-over-bridges in Delhi, in such a way to ensure that the general public can use the subways and foot-over-bridges freely and without any fear of such miscreants,” said the bench, while disposing a petition from the NGO.

USA – HSUS Is Helping Rescue 30 Dogs And Other Animals From Kansas Property

Right now, our Animal Rescue Team is on the ground in Kansas, helping the Kingman County Sheriff’s Office to rescue roughly 30 dogs, two cats, one horse and two burros from an alleged cruelty situation. The sheriff’s office requested our help after concerns arose about the welfare of the animals on this property. In Kansas, we are now helping law enforcement officials assess the condition of the animals and see that they are transported to a safe, undisclosed location for additional care and attention as needed. These animals ‘ days of pain are actually behind them, and in the weeks ahead they will receive a lot of TLC.

INDIA – Closing Of Abattoirs Not Unconstitutional For Paryushan: Bombay HC

On Wednesday (September 4, 2019), the High Court of Bombay refused to grant relief against the closure of slaughterhouses and meat stores during the paryushan parv, a period of fasting and meditation observed by Jains. “Bearing in mind the sentiments of a section of society, the ban on short-term slaughter and sale, the same cannot be unlawful,” said Chief Justice Pradeep Nandrajog and Justice Bharti Dangre. The court heard petitions from Mehul Mepani and the Bombay Mutton Dealers Association, challenging September 2015 Circulars of BMC and Mira Bhayandar Municipal Corporation to stay closed every year during the paryushan parv, which ranges from 4 to 10 days. The circulars were based on a 2004 resolution by the government.

USA – California Is The First State In The Country To Ban The Trapping Of Fur

California has just become the first state in the nation to ban the trapping of fur. The Wildlife Protection Act of 2019, signed by Gov. Gavin Newsom on Wednesday, will ban the trapping of indigenous animals, including gray fox, coyote, beaver, badger and mink, and the sale of their pelts, which often end up in overseas markets. The new legislation will formally put an end to the industry that the lawmakers argued was too tiny and expensive to regulate. In 2017, according to the bill, only 133 trapping permits were purchased in California. Pursuant to the new law, fur dealer and fur agent permits will no longer be awarded.

INDIA – Petitioner Fined ₹5 Lakh, For Extortion By Bombay HC For Filing ‘ Frivolous ‘ PIL

On Thursday (September 5, 2019), the Bombay High Court imposed a price of Rs 5 lakh on a petitioner who had filed a PIL against the Council of Indian School Certificate Examinations (CISCE) and ordered that a case of extortion be recorded against him. Chief Justice Pradeep Nandrajog and Justice Bharati Dangre said that the claim had no substance and that the PIL had been dismissed. The court also observed that Shrivastava, who claimed he was an activist, was a regular litigant. Imposing a price on him, it aimed the Registrar to guarantee that he had deposited Rs 5 lakh in four weeks, to be paid to the CISCE.

INDIA – Madras High Court: Plea Seeks To Hike In Relief During The Ban On Fishing

Pointing out that the compensation granted to the families of fishermen during the fishing ban period amounts to only Rs 8 per day, the High Court of Madras noted that this sum was nothing but a pittance given the inflationary trend. A Division of Justices M Sathyanarayanan and N Seshasayee produced an observation while hearing a PIL passed by Fishermen Care, a group of fishermen’s rights, seeking guidance from the government to grant at least Rs 500 a day during a ban period of 61 days. During the hearing, the unique public pleader submitted that he would have received instructions from the state on the observations of the court and sought time to file an extra affidavit.

AUSTRALIA – Two-Cat Policy, Following Country’s Plan To Cull Million Of Feral Felines By 2020

The town in Australia has announced plans to limit cat ownership to two per household as part of the new rigid by-law. From early 2020 on, cats are prohibited from being outdoors between 8 p.m. And 7 a.m. representatives in Mount Barker, a southern Australian town about 20 miles from Adelaide, said Wednesday (September 6, 2019). Cats discovered that breaking the curfew will either be reunited with their owners, or impounded and re-hosted if the individual cannot be found. Owners will also be needed to register their pets in order to help return lost animals. Ann Ferguson, mayor of Mount Barker, informed The Guardian that she was a “cat lover” and that the legislation was drawn up after an outcry among locals.

INDIA – Tamil Nadu Government Is Mulling Creation Of A Separate Board For Class IV Recruitment

Following a request by the High Court of Madras to the Tamil Nadu Government to review the rules and to prescribe minimum and maximum educational qualifications for Group IV services, the Government of the State is mulling the creation of a separate board or institution to recruit manpower for that category. Official sources stated that the issue was raised during a high-level meeting of secretaries, chaired recently by the Chief Secretary, which addressed the guidelines of the High Court of Madurai Bench for the preparation of guidelines for the conduct of a written examination and interview for the positions of the last grade servant. It is learned that each district could be regarded as a recruitment and posting unit.

INDIA – Karnataka High Court Issues Victim Compensation Guidelines

Observing that trial courts are delivering justice more oriented towards the rights of accused persons and that the same is not true of the letter and spirit of the law providing compensation to victims of crime, the High Court of Karnataka has issued guidelines to the courts of justice and the public prosecutors of the State to ensure appropriate assessment and payment of compensation to victims. The High Court argued that the trial courts should order the payment of compensation proportionate to the gravity of the offense, taking into account the nature of the injury, the quantity spent on therapy or rehabilitation of victims, as well as the issuing of instructions for the payment of provisional compensation and rehabilitation of victims of crime. The Division Bench, comprising Justice Ravi Malimath and Justice H.P. Sandesh, issued a statement on a plea relating to a 20-year-old case in which the Magistrate Court imposed a fine of only $1,000 while convicting two individuals for causing serious injury to a person using a weapon.

NETHERLANDS – Minister Promises To Take Action On The Transport Of Animals During Heat Waves

Farm Minister Carola Schouten is imposing a ban on live animal transport when temperatures are at least 35 Celsius, she said to Members of Parliament on Thursday. Voluntary contracts, the Minister said, are too readily ignored and the time is correct to lay down a cap in law. While factory owners and slaughterhouses have taken measures to safeguard livestock from heat, public inspectors have observed a number of severe events during elevated temperatures, the Minister said. In one event, 90% of the chickens in the shipping crates were killed on their journey.

INDIA – Gujarat HC Has Notified The Government Of The Demolition Of Stalls Close The Statue Of Unity

On Wednesday (September 3, 2019), the Gujarat High Court notified the State Government and Sardar Sarovar Narmada Nigam Ltd (SSNNL) of a petition lodged by tribals residing close the 182-meter high Unity Statue (SU) complaining about the demolition of their stalls near the newly developed site. Fifty-eight individuals filed a petition in the High Court challenging the legality of the action taken by the State officials when they destroyed the 90-odd constructions on the highway to the SoU last weekend in the Narmada district. The High Court sought a response from the State officials by 10 September.

INDIA – Weavers To Send Bulk ITC Refund Applications

With the central government enabling the refund of outstanding input tax credit (ITC), powerloom weavers have chosen to send bulk requests to the Union Finance Ministry for early release of ITC credit. Powerloom organizations in the town, including Federation of Gujarat Weavers ‘ Association (FOGWA), have been coordinating with the Southern Gujarat Chamber of Commerce and Industry (SGCCI) to collect requests from powerloom weavers for the refund of accumulated credit under ITC to the tune of Rs1,300 crore. Gujarati added, “There are a few cases where powerloom weavers received the refund of accumulated credit for the period from July 1, 2017, to July 31, 2018.”

SCOTLAND – Scotland Could Be A ‘ Hub ‘ For Puppy Farming Advises Edinburgh Vet In The Midst Of Calls For New Laws

Scotland could be a ‘ hub ‘ for puppy farming, and the Edinburgh vet warned in the context of calls for new legislation. Last year, “Lucy’s Law” was passed through Westminster, which would see a crackdown on the trade in puppy farms, and Wales has also confirmed that it will enact the law. The law, which will come into force in April 2020, will prohibit the sale of puppies and dogs by third-party vendors, such as pet shops and internet retailers.The ban would assist put an end to middlemen who could set up a “respectable” front for the trade-in animals that have been kept in appalling circumstances.

INDIA – SC Enables The Daughter Of Mehbooba Mufti Iltija To Travel To Srinagar To Meet Her

The Supreme Court permitted Iltija, daughter of Mehbooba Mufti to travel to Srinagar to meet the former Jammu and Kashmir leader who has been in custody for more than a month. At the Supreme Court hearing on Thursday, the Attorney General told the court that the other members of Mufti’s family had already visited the Chief of the PDP twice, and that Iltija could also have gone to the District Magistrate to seek permission to meet her mother. AG KK Venugopal also informed the Supreme Court that Mehbooba Mufti’s mom and sister had visited her twice. To this, Solicitor General Tushar Mehta added that these requests have a different objective.

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