Legal News Shots- The Best Shots of the Day

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

INDIA – Two Children From India’s Lowest Caste Allegedly Beaten To Death For Defecation On A Public Street 

According to the police, two kids from India’s lowest caste were reportedly beaten to death after defecating in the open. Roshni Valmiki, 12 years old, and her brother Avinash, 10 years old were assaulted on Wednesday (September 25, 2019) morning while defecating on a public road in the village of Bhakhedi in the Shivpuri district of Madhya Pradesh state in central India, local police deputy superintendent Viren Singh said. After being beaten with sticks, the brothers were taken to the District Hospital, where the doctors said they were both dead, Singh said. It’s forbidden to defecate in that village, he added. The two brothers and sisters were thought to be on their way to visit their grandpa. Police detained two brothers involved in the attack. Singh said the incident is still under investigation. The authorities gave the family 60,000 rupees ($845) in economic help for funerals and other expenditures. Under Indian law, they will also be receiving 400,000 rupees ($5,600) in compensation.

INDIA – Lawyers Are Protesting Against The Amendments Made To Section 41 Of The CrPC In Nalgonda

Lawyers under the aegis of the Bar Association held a protest on Thursday at Khammam Road close the court in Miryalaguda against Section 41 of the Criminal Procedure Code (CrPC), which has a severe impact on the profession. As part of their protest, they boycotted the court on the second consecutive day. On that occasion, the president of the Miryalaguda Bar Association, Nethi Satyanarayana, asked the government to cancel Section 41 of the CrPC, which gives bail to the accused at the police station itself. The law is going to help the culprits escape from the case, he opined. He claimed that only judges had the authority to grant bail, and said that police officer had no right to grant bail to anyone under the law. But, in addition to hindering the judiciary, 41 CrPC also generates a lot of disturbances for ordinary people.

INDIA – Restrictive Bail Terms Pose An Emerging Danger To Private Freedom In India

Bail is the rule; prison is the exception “is the first lesson we learned when we started to practicing law. But a look at the news headlines these days will inform you that bail is an exception. While the State must diligently prosecute those guilty of offenses, in a democracy, unreasonable arrests and lengthy periods of custody or preventive detention are not acceptable. The Constitution’s (Article 21) treats the freedom of the person as sacrosanct. The right to liberty has nothing to do with other fundamental rights, but the laws that can deprive a person of liberty must be fair and just. Today, pleas for release from prison by invoking habeas corpus or granting bail are often not provided the priority they deserve.

CANADA – In Canada Depressed Man Euthanized

Once society recognizes killing as an appropriate reaction to pain, the nature of the “pain” that qualifies for termination continues to expand. That process is well underway in Canada, where the legislation demands that death be “reasonably foreseeable” before a doctor can legally commit a patient’s homicide on request. That doesn’t provide a lot of shelters to start with. Also, the BC medical society has argued that if a person is not eligible for euthanasia, they may be self-sufficient until they are weak enough to qualify for death.

INDIA – Indians Have Less Privacy Than Ever Before, Despite Last Year’s Aadhaar Judgment

A year after the landmark judgment of the Supreme Court of India in the case of Aadhaar, Indians are still waiting for data protection laws. Although the Supreme Court urged the Government to put forward data protection laws in both, the Aadhaar case and the Puttaswamy case (which established privacy as a fundamental right), A bill on data protection has yet to be introduced in Parliament. The Government’s inaction is even more evident when one believes that it already has a bill that has undergone the government’s consultation. The Government must act to meet the pledge of real privacy given to Indians by both the Constitution and the Supreme Court of India.

INDIA – Uttarakhand High Court Ruled Lawyers Strike And Boycott Court Work Unlawful, Could Amount To Contempt Of Court

Uttarakhand High Court (HC) held on Wednesday that strikes and boycott of court job by lawyers are illegal, as it “violates the fundamental right of a speedy trial and delays justice.” While hearing a Public Interest Litigation (PIL), Chief Justice Ramesh Ranganathan and Justice Alok Verma held that the strike or boycott of court job is a misconduct for which disciplinary action may be taken by the Council of State Bars and its Disciplinary Committee. Significantly, the Dehradun Bar Association has been on strike every Saturday since the last 35 years. Before the creation of Uttarakhand, lawyers had been demanding the Allahabad High Court for the western Uttar Pradesh bench. After Uttarakhand was established in 2000, lawyers continued to observe the strike every Saturday, but now to press for the request of the High Court in Dehradun or Haridwar.

AUSTRALIA – Revamping Abortion Law In Australia’s Most Populous State

Legislators in the most populous state in Australia voted on Thursday (September 26, 2019) to decriminalize abortion after a fractious debate that threatened to divide the New South Wales Conservative government. The legislation revamping the centuries-old law that made abortion punishable by up to 10 years in prison was passed by a vote in the state legislature. The new law allows termination for women up to 22 weeks of pregnancy. Beyond 22 weeks, two doctors must approve abortion, and they must also seek advice from the hospital advisory committee. South Australia is now the only country that has criminalized abortion.

CANADA – Leong: In Canada, racism is still an ugly truth, and Trudeau demonstrates it

It would have been inconceivable a few weeks ago to think that racism would somehow tie its way into the federal election campaign. But here we are, more than a week after it was first disclosed that Liberal leader Justin Trudeau had a penchant for carrying a black face in his younger days. While it is right to reject Trudeau’s handling of his black-faced controversy and his appeal to some larger forces to explain everything, it would be incorrect to reject racism as an issue as a whole. Hate crimes are, fortunately, an incredibly tiny proportion of all reported crimes in Canada. Seeing how multifaceted and nuanced a debate on racism would have to be, the middle of an election campaign is just about the worst moment to do so — not when every fragment of a phrase pronounced by anyone running for office is analyzed within an inch of their lives, with any obvious missteps or out-of-context statements readily weaponized.

USA – Yemen: Bomb Made In The U.S. Used For Deadly Air Strikes Against Civilians

Precision-guided ammunition in the United States was used in the Saudi and Emirate airstrikes on 28 June this year in a residence in Ta’iz, Yemen, killing six civilians – including three children, Amnesty International said today. “It is unfathomable and unwise that the U.S. continues to feed the conveyor belt of weapons flowing into the disastrous war in Yemen,” said Rasha Mohamed, Amnesty International Yemen Researcher.”Despite the plethora of evidence that the Saudi and Emirate-led coalitions have repeatedly committed serious violations of international law, including possible war crimes, the U.S. and other arms-supplying countries, such as the United Kingdom and France, remain unmoved by the pain and chaos that their arms are wreaking on the civilian population.” Amnesty International has spoken to two family members and two local residents, including two witnesses to the assault. The organization also analyzed satellite imagery and picture and video materials of the aftermath of the attack to corroborate witness reports.

INDIA – The High Court Of Calcutta Beefed Up Security After Letter Threatens Multiple Bomb Blasts

Security was tightened at the High Court of Calcutta, following a letter threatening multiple bomb blasts inside its buildings on 30 September, Registrar General Rabindranath Samanta said Thursday. The letter claimed to have been written by one Hardarshan Singh Nagpal, said that he and his son would trigger a series of bomb blasts inside the court complex, Samanta said. On Wednesday, he wrote to the Union Home Secretary about the threat letter received by the High Court Administration, along with a copy of the Letter, dated 9 September. “I’m going to ask you to take up the matter with the highest priority to avoid any inadvertent incident,” Samanta said in his communication to the home secretary.

INDIA – Preliminary Result Of Delhi High Court Judicial Service 2019 Released

The High Court of Delhi released the preliminary result for the Judicial Service Exam in 2019. All candidates who participated in the Judicial Service Exam can download the Delhi Judicial Service Prelims Result via the official website www. Candidates can check the merits of the selected candidates and the marks obtained from 200 using the prescribed link. A total of 353 candidates were nominated for the Delhi High Court Judicial Service Prelims Exam. Shortlisted candidates are now expected to appear in the Delhi Judicial Service Main Exam.

AUSTRALIA – Terminations Now Legal In New South Wales Abortion laws of Australia

The bill passed on Thursday overturns a 119-year-old law that was criticized as archaic by the opponents. The legislation spawned weeks of heated debate and deeply divided the conservative government of the state. Previously, abortions were only possible in NSW if the doctor considered that there was a “serious risk” to the health of a woman. The legislation was passed 26-14 in the upper house of the state after more than 100 possible amendments had been discussed. The upper house has already been approved. The law makes it legal for terminations to be carried out for up to 22 weeks in a woman’s pregnancy-or later if two doctors agree.

INDIA – The Bombay HC States, It Is The Responsibility Of The Electorate To Teach Netas A Lesson

Bombay’s High Court recently dismissed petitions calling into question the validity of the appointments of former opposition leader Radhakrishna Vikhe Patil and two others as ministers of the state BJP regime six months before the next assembly elections. The court noted, “It is the boundary duty of the voters to take care of such a situation and teach these leaders a lesson.” On 13 September, the High Court found no merit in the petitions which argued that Vikhe Patil and Jaydatta Kshirsagar had been disqualified by their defection. The bench of Justices S C Dharmadhikari and G S Patel, in a 152-page, reasoned judgment.

INDIA – Court To Government Of Delhi: Make A Policy To Deal With Stray Cattle, Dogs & Monkeys

The High Court of Delhi yesterday on (September 26, 2019) directed the Government of the AAP and the Municipal Corporations of the National Capital to pursue a policy of regulating Population of monkeys, stray cattle and dogs on city roads and courthouses. Chief Justice DN Patel and Justice C Hari Shankar had asked the Government of Delhi and the Civic Bodies to set up a committee, if necessary, to establish a scheme or policy. Hearing a PIL seeking directions to the Delhi Government and the civic bodies to control the population of stray cattle, dogs, and monkeys and to put them in proper shelters, the bench also directed the authorities to ensure that government hospitals and clinics receive enough anti-rabies vaccine.

INDIA – HC Mandates Presence Of Informant Or Authorized Person While Hearing Bail Application Of Accused In Cases Of Rape

The High Court of Delhi has ordered the presence, with immediate effect, of the informant or of any individual permitted by him in court at the moment of the hearing of the request for bail of an individual accused of rape. The Chief Justice of the High Court of Delhi, Justice D. N. Patel, issued the above instructions on Tuesday (September 24, 2019) in the light of the Criminal Law (Amendment) Act 2018, which amended Section 439 of the CrPC to this effect. It inserted sub-section 1A to Section 439, requiring the presence of the informant or of any person authorized by the informant at the time of the hearing of the application for bail of a person accused of a triable crime under Sections 376, 376AB, 376DA and 376DB of the IPC.

INDIA – Subtitles Can Be Added To The Film When The Producer Informs CBFC, Get Approved: HC

On Wednesday (September 26, 2019), the High Court of Bombay stated that subtitles can be added to the film after the producer has notified the Central Board of Film Certification (CBFC) and has approved it. The order was enacted by the Division of Justice Akil Kureshi and Justice S J Kathawalla on a request filed by the Indian Motion Pictures Producers Association (IMPAA) calling for a notification of 27 April 2018 mandating a distinct censorship certificate for subtitles. Advocate Ashok Saraogi, appearing for the association, told the court that the entire procedure for securing a distinct censorship certificate for subtitles was like sending a new movie for re-examination. Re-examination of the film will not only cost the producer more but is also time-consuming, he said. The CBFC has notified the court that, under Rule 33 of the Cinematography Act, if the film is modified by excision or if subtitles have been included after the film has been certified, the same shall not be shown unless the modification or subtitles included are reported to the CBFC

INDIA – Bombay HC Held Informant Entitled To Copy C-Summary Report To File A Protest Petition

The High Court of Bombay recently held that a copy of the C-summary report had to be provided to the informant wishing to file a protest petition and directed the investigating officer in the case to do so free of charge. Justice SS Shinde heard a petition filed by a 59-year-old resident of Pune seeking direction from the Magistrate to ensure that the police provide a copy of the summary report filed by them in the case that the petitioner is the informant. The petitioner’s advocate, Abad Ponda, depended on the exposition of the Supreme Court in Bhagwant Singh v. Police Commissioner and argued that the informant was entitled to receive a copy of the summary report to file a protest petition. The petition was therefore permitted and, following orders from the investigating officer in the situation, APP Dedhia notified the Court that a copy would be given to the petitioner.

INDIA – Over 26,000 Positions Are Vacant In The Police Force, State Government To The High Court Of Gujarat

The Government of the State notified the High Court of Gujarat that there were 26,147 vacancies for police personnel in the state as of 31 July, against the sanctioned strength of 1,08 lakh. The Government also explained that the recruitment process for 9,719 vacancies was launched in 2018-19, which is likely to bring the jobs down to 16,428. The highest number of vacancies—8,106 and 8,019—are in the unarmed and armed constable categories, respectively. Similarly, 465 posts are vacant for unarmed inspectors, 675 for unarmed sub-inspectors, 1,182 for unarmed assistant sub-inspectors, 2,135 for unarmed chief constables, and 435 for armed assistant sub-inspectors. Concerning these, there are 4,784 vacancies in the State Reserve Police in different classifications.

INDIA – Punjab and Haryana HC Observed India Has Reached Up To Moon, But Airport Work Still Incomplete

The Punjab and Haryana High Court noted on Wednesday (September 26, 2019) that India reached the moon via Chandrayaan, but the job of Chandigarh International Airport is still incomplete, furious at the delay in the installation of the instrument landing scheme (ILS) CAT III B. The court ordered all stakeholders to hold a meeting and resolve the matter within three weeks, and to install a system that enables flights to land securely when visibility is below 50 meters within six months. The matter is expected to come for hearing on November 1.

INDIA – Madras HC Granted Relief To Linguistic Minorities, Allow Them To Skip Tamil Test

On Monday (September 23, 2019), in the case of students belonging to linguistic minorities in Tamil Nadu, the (HC) High Court of Madras granted them exemption from writing compulsory Tamil paper in Class X board examinations until 2022. Allowing the pleas raised by the various linguistic minority schools, the full High Court of Justices S Manikumar, Abdul Quddhose, and Subramonium Prasad granted the student relief. However, the bench refused to quash a government order dated 18 September 2014 to bring all schools in the state under the Tamil Nadu Tamil Learning Act, 2006, which makes Tamil paper compulsory for the Class X board exam. As a result, from 2023, All linguistic minority students will be required to write a mandatory Tamil paper.



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