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

INDIA – Supreme Court- Persons Committing An Offence Under The Motor Vehicles Act May Also Be Charged Under The IPC

Persons committing crimes under the Motor Vehicles Act, such as overspeeding and reckless driving, may also be liable to the Indian Penal Code, as both the laws “operate with full force in their own separate realms,” the Supreme Court said. “With rising motorization, India is facing a rising burden of road traffic injuries and fatalities,” said A bench of Justices Indu Malhotra and Sanjiv Khanna set aside the order of the Gauhati High Court of 22 December 2008, which held that a person charged with speeding, dangerous driving and other related offenses under the MV Act could not be prosecuted under the IPC. This Court has consistently held that the 1988 MV Act is, in itself, a full code as far as motor vehicles are concerned, “said the Bank in a recent judgment.

INDIA – Feared Carcinogen In Food, India Does Not Test

Glyphosate has been in the news for all the wrong reasons in the last few months. In three separate verdicts in California, the courts have found the herbicide to be responsible for cancer. In a recent case, the jury awarded more than $2 billion to a couple who argued that pesticide contamination caused their cancer. Such cases are the first time that people have successfully established that a chemical is responsible for cancer. India has no independent framework to study the long-term effect of these pesticides on human health. Nonetheless, there is enough scientific evidence available from credible international research agencies for the government to cancel the sale of glyphosate in India before another public health crisis hits us.

INDIA – Swiss Account Details: India Receives First Tranche Of Financial Accounts Of Its Citizens

India has received the first tranche of data on the financial accounts of its citizens in Swiss banks under a new automatic information exchange system between the two countries, marking a significant milestone in the battle against black money suspected of being stashed abroad. India is one of the 75 countries with which the Swiss Federal Tax Administration (FTA) has exchanged data on financial accounts in the context of the AEOI global standards, said the FTA spokesperson to PTI. This will the first time that India has obtained details from Switzerland under the AEOI system, which allows for the exchange of information on the financial accounts that are currently active as well as the accounts that were closed during 2018. The next exchange will take place on September 2020, the spokesperson added.

USA – Legal Immigrants To Obtain Health Care Coverage Before Entering The U.S. says, Trump

Anyone wanting to legally immigrate to the U.S. must have health insurance, President Donald Trump said in a declaration that he signed on Friday. “As our health care system is facing the problems of uncompensated care, the United States Government is making the problem worse by accepting thousands of aliens who have shown no ability to pay for their health care costs,” reads the statement that is set to take effect Nov. 3. Someone applying for an entry visa should prove that they will have insurance within 30 days of entering the country or they have the money to cover ‘ reasonably stable medical costs. ‘ It does not specify the dollar amount required but notes that a consular officer will decide whether the applicant met the requirements prior to the issuance of a visa and that the Secretary of State would ‘ set standards and procedures. ‘

INDIA – Woman Inheritance Rights In India: Empowering Women To Be Central To Economic Progress

At 11 a.m. on 5 July, India witnessed a historic moment-a female finance minister, Nirmala Sitharaman, came to Parliament for the first time to present the Union budget for the fiscal year 2019-20. There is no question that women in this country are more empowered than ever before, with the freedom to choose their own professions, start their own businesses, and create and maintain their personal wealth. Section 14 of the Hindu Succession Act, 1956 specifically states that the property inherited by a Hindu woman is wholly owned by her, and therefore by Stridhan. Under Muslim law, the counterpart of Stridhan is Meher, which is once again given to a woman when getting married and is her only property. For all the long steps that the Indian society has taken towards empowering women and their rights to property and inheritance. However, there are still areas that need further work.

INDIA – BJP Government Secretly Repeals The BPCL Nationalization Act; Clearing The Way For Privatization

Ahead of the proposed move to fully privatize the state-owned fuel retailer Bharat Petroleum Corp Ltd (BPCLNSE-4.83%), the government had gently revoked the legislation that nationalized the company, removing the need to obtain approval from Parliament before selling it to private and foreign firms. 2016 Repealing and Amending Act annulled the “187 obsolete and redundant laws that lie needlessly on the Statue-Book,” including the 1976 Act nationalizing Burmah Shell. “The Act has been repealed, and there is no need for Parliament’s approval of the strategic sale of BPCL,” said the senior official. Privatization of BPCL will not only shake up the fuel retail sector, which has long been dominated by state-owned companies but will also help meet at least a third of the government’s 1.05 lakh crore disinvestment goal.

USA – Canada is Behind The U.S. In Preserving At-Risk Species: The U.M. Public Land Law Conference

When it comes to protecting wildlife species in the north of our country, Canada is light years behind the United States, lawyers, and scientists said at a conference on Friday at the University of Montana. While the United States has the Endangered Species Act to protect vulnerable animal species, Canada works under SARA — the country’s “Species at Risk Act.” In the United States, ESA encourages lawyers and scientists to work together to protect biodiversity, but in Canada, it is the Wild West, especially to help protect the declining population of cutthroat trout, said Shaun Fluker, a law professor at the University of Calgary. Fluker spoke at the 38th Annual Conference on Public Land Law at the University of Montana (U.M) in Missoula on Friday (October 4, 2019).

INDIA – India Government Said traceability on WhatsApp has been “vindicated” after the U.S., U.K., Australia write to Facebook

The Government of India has announced that its position on traceability of WhatsApp has been “vindicated” following a letter sent by key officials from three countries to Facebook CEO Mark Zuckerberg. The letter also addressed concerns about Facebook’s privacy-centric plans, including end-to-end encryption across its suite of messaging-based applications, including WhatsApp. In a letter signed by the U.S. Attorney General William Barr, British Home Secretary Priti Patel, U.S. Home Secretary Kevin McAleenan, and Australian Home Affairs Minister Peter Dutton, these officials wrote, “We are writing to demand that Facebook does not continue with its plan to implement end-to-end encryption across its messaging services without ensuring that there is no decrease in consumer security and without including a means of legal access to communications information to protect our citizens, “BuzzFeed News reported for the first time.

INDIA – Madurai-Based Law Aspirant Criticizes The System Of Education In India

Premalatha Tamilsevan, the Law Candidate, recently addressed the United Nations Human Rights Council Social Forum (UNHRC) in Geneva on 2 October. The 21-year-old Madurai-based law aspirant argued that the Indian education system is totally at odds with the concept of sustainable development goals. Tamilsevan addressed the UNHRC Forum at the screening of ‘ A Journey to Dignity: The Power of Human Rights Education, ‘ a documentary she starred in 2012. “I raised the pervasive caste inequality in Indian society at the UNHCR Social Forum. I also raised the NEET Exam Series on the International Platform,” Premalatha Tamilsevan said in a statement. “I studied human rights at my school. I emphasized the need to include human rights studies in the core curriculum,” she said.

DUBAI – Dubai’s non-oil foreign trade boosts By Growing Indian Business

Dubai’s non-oil foreign trade amounted to AED 676 billion ($184.04 billion) in the first half of 2019, a rise of 5% from AED 644 billion ($175.33 billion) last year, according to government figures. Although China remained Dubai’s largest trading partner, trade with India increasing by 20% year-on-year. Saudi Arabia remained the most significant Arab and GCC trading partner in Dubai, and the fourth largest international investor behind China, India, and the United States. “The strong growth of non-oil foreign trade is a healthy sign of how resilient and attractive the Dubai economy is, further enhancing Dubai’s position as a central regional and international trading hub,” said Sultan bin Sulayem, DP World Group chairman and chairman of Ports, Customs and Free Zone Corporation (PCFC).

INDIA – Kashmir: Pakistani Authorities Are Blocking Demonstrators At The Border Between India And Pakistan

Pakistani authorities stopped activists from a separatist group on Monday, marching to the de facto frontier between India and Pakistan inside Kashmir. Jammu and Kashmir Liberation Front (JKLF) activists started the march on Friday, but are now facing police barricades that block them from entering the so-called Control Line (LoC). Also, according to the Associated Press report, sniper fire from the Indian side killed a woman outside her home in the border village of Abbaspur on Sunday evening. Both sides have traded crossfires in the past, but this would have occurred on the same day that US Senators Chris Van Hollen and Maggie Hassan, along with Ambassador Paul Jones, the US Embassy in Islamabad, visited Muzaffarabad, the capital of Pakistan-controlled Kashmir.

INDIA – Trump To Turn Over 8 Years Of His Tax Returns To New York Prosecutors, Ordered By A Federal Judge

On Monday (October 7, 2019), a federal judge ordered President Donald Trump to turn over eight years of his tax returns to New York state prosecutors. The decision came after Trump’s accounting firm, Mazars USA, subpoenaed by the Manhattan district attorney’s office for its personal and corporate taxes back to 2011. Trump’s legal team, in effect, tried to obstruct the subpoena by claiming that a sitting president is immune from criminal investigation. U.S. District Court Judge Victor Marrero wrote in his decision that the President’s claim was “extraordinary” and “rejects the governmental structure and constitutional values of the country” before dismissing the suit. Trump’s lawyers said that they would appeal the ruling.

AFRICA – Forensic Software A Vital Weapon To Stamp Out Corruption In Africa

Level corruption is the proverbial elephant in the room in an ongoing conversation on growth in Africa’s story. If nations on the African continent want to succeed in attracting the investment needed for sustainable development, the governments and private sector concerned should take urgent action to tackle corruption. It is not to suggest that corruption is not a severe problem in someplace in the world, yet lessons from the fastest-growing economies in the world show that the battle against corruption must be prioritized if investors are to be sure that their money will be secure in a particular country. Data protection and privacy regulations are important because they protect people’s personal information, but the willingness and capacity of law enforcement agencies to implement data protection legislation is often at odds with the needs of forensic investigators. Across Africa, lack of transparency in tendering processes has contributed to corruption not only preventing much-needed investment, but also creating uneven playing fields that discourage local small businesses from rising. Anti-money laundering software, too, can benefit by separating the tenderer from the tendering process and reducing the risk of corruption.

INDIA – The Delhi High Court Held School’s Birth Certificate Will Have Priority

The Delhi High Court held that priority should be given to the birth certificate issued by the school when deciding the age of a person. “It is only in the absence of a school certificate, or a certificate of matriculation or birth certificate issued by a corporation or a municipality authority can be relied on, “said the Manmohan and Naveen Chawla division bench. The court heard a habeas corpus petition filed by Asha Rathore asking the police to present her daughter. At the previous hearing, Rathore’s counsel argued that the girl was a minor and that the age difference between her two children, according to the school certificate, was not even nine months.

JAPAN – All Blacks Are Looking For Solutions After Two Yellow Cards Against Namibia In The Rugby World Cup

If All Blacks defensive coach Scott McLeod can solve the mystery of how to safely tackle a ball carrier that puts his head in harm’s way, he’s a genius. Although the All Blacks weren’t contesting the yellow cards of Nepo Laula and Ofa Tuungafasi in the aftermath of the 71-9 victory over Namibia on Sunday night, they’d like someone to provide a suggestion on how to safely fire an opponent who dips into a charging defender late in the day. Frustrated All Blacks hooker Codie Taylor said he could sympathize with his fellow front-rowers, adding that it is hard for a defenseman to change his strategy if a ball carrier switches his body to a lesser position a split second before a collision. Taylor knows what World Rugby is trying to achieve, and the negotiated security of players is paramount.

INDIA – Rail Window Doors Not Possible At All Stations, Delhi Metro says to HC

Platform Screen Doors (PSDs) were installed on the Pink and Magenta lines of Delhi Metro because of technical necessity and their installation at all stations would increase the operating costs, the DMRC told the High Court of Delhi. The (DMRC) Delhi Metro Rail Corporation told a bench, that includs Chief Justice DN Patel and Justice C Hari Shankar, that 69 out of 250 railroad stations have PSDs. “The DMRC is currently operating a network of 343,785 km. It can be noted that out of a total of 250 stations, the answering party has constructed PSDs at 69 metro stations, and all of them are currently in operation (six yellow line stations, 38 pink line stations, and 25 magenta line stations). It also told the High Court that, worldwide, PSDs are not installed at all Metro stations and, in some cases, PSDs are installed at only a few Metro stations as per system and operating requirements.

INDIA – The Delhi High Court Ordered Government To Provide Proper Facilities To Traffic Police Personnel

The High Court of Delhi has directed the Government to take complete care of the provision of drinking water, sanitation, and regular medical examination and inspection every month by the Delhi Traffic Police staff. Chief Justice D.N. Patel and Justice C. Hari Shankar Bench have claimed that the Delhi Traffic Police staff can always petition the High Court if any of them are aggrieved by the Government’s action for not providing any facility. The High Court’s observations concluded a petition of public interest (PIL) filed by the Legal Forum on Women’s Empowerment, seeking guidance from the Center and the Delhi Government on the preparation of draft rules and regulations for the preservation of proper records of facilities to be given to the Delhi Traffic Police with regard to clean drinking water, sanitation and regular medical review.

INDIA – Bombay HC Committee To Check Grievances of Maharashtra Resident Doctors

In what can help address all the concerns of resident doctors working in civic and government-run hospitals, the High Court of Bombay recently set up a committee to look into the issues. The HC also asked the Committee to provide a detailed report with recommendations on how to improve the working conditions of thousands of resident doctors. Justices Akhil Kureshi and Shahrukh Kathawalla bench have recently formed a committee under the leadership of the Secretary of State’s Ministry of Health. The bench was seized with a petition highlighting various aspects of the internship of the resident doctors. The petition requested ‘ serious attention ‘ to the working conditions and hours of the resident doctors.

INDIA – Ban On Goa’s Beach Shacks Ends, The High Court Says There Is No Evidence Of Adverse Impact

Operators of Goa’s iconic beach shacks could finally raise a sigh of relief after the Bombay High Court bench in Goa allowed the government to follow the policy of shackling and to vacate the stay in Goa’s shacks granted by the National Green Tribunal’s principal bench back in September. Chief Justice Pradeep Nandrajog and Justice Sonak  bench found out that “there is no proof of adverse environmental impact due to shacks,” and therefore, the shack policy was unlikely to have any effect on the planning of the coastal zone management plan. “As the tourist season started in the state of Goa and in view of a large number of jobs created, we dispose of the petition to stay the activity of the NGT order in the state of Goa. We allow the state to enforce the 2019-22 shack law, “the High Court ruled.

INDIA – SC Orders The Status Quo As ‘No more trees to be axed in Aarey’

The Supreme Court, making an immediate intervention in the Aarey Colony Deforestation Case, asked the government not to cut  trees any more in the area until further information was heard. A Supreme Court Green Bench will hear the matter next on 21 October, and the Union Environment Ministry will also be made a party in the case. Nevertheless, the actual respite provided by this temporary halt seems to be negligible as the damage has already been done. The Supreme Court, consisting of the judges Arun Mishra and Ashok Bhushan, took note of this fact and noted that the felling of a full-grown tree and its replacement with a sap was not the same thing. It requested a report from the Maharashtra Government on the mandatory afforestation activities of the Maharashtra Government and the Mumbai Metro Rail Corporation (MMRC).

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