Legal News Shots- The Most Important Picks- A Must Read

Legal News Shots- The Most Important Picks- A Must Read
Legal News Shots- The Most Important Picks- A Must Read

INDIA – Arvind Kejriwal Assured Dalit Children will be Doctors, Engineers

Seeking to increase its Dalit outreach, Delhi Chief Minister Arvind Kejriwal promised on Sunday that the state government will provide necessary financial assistance to students who are unable to afford a coach to pursue a medical and engineering career. Arvind Kejriwal spoke at a program organized on the occasion of Valmiki Jayanti in the national capital. He also highlighted the various schemes put in place by the AAP government in Delhi to support the Dalit community. Several activities were organized across Delhi by the Aam Aadmi Party government on the occasion of Valmiki Jayanti on Sunday (October 13, 2019).

INDIA – Drama At Bombay HC As A Woman Approaches Justice Directly

About 3:30 p.m., in possibly the first such scene at Bombay High Court’s Nagpur bench, a 70-year-old lady in a faded disheveled sari, holding a ragged cloth bag in one hand and a handwritten request in the other, walked in.  Apparently ignorant of, or not caring about, the practice of only lawyers communicating with the court, she addressed the bench directly. Meerabai Purandkar, from the district of Buldhana, slightly bent over due to old age, raised a weak hand, and handed over an application to the judges without a word. The learned justices have gone through the application. The letter spoke of Meerabai’s 15-year-old legal struggle with her ex-husband over non-payment of maintenance and decades of physical abuse. Her petition expressed her annoyance at the way the conflict was going on in Buldhana and her deteriorating financial condition.The judges immediately made her feel comfortable talking in Marathi and tried to understand the matter, even though she was unable to give precise answers to some of the questions. The court then directed the Registrar to take note of the Meerabai case and file update.

INDIA – First Private Train In India Violates The Law On Rail Tariffs

The country’s first private train violated the Railways Act, 1989, as the central government is the competent authority to decide on the tariff and not the IRCTC, says, top railway officials. The much-publicized train service on the Lucknow-Delhi-Lucknow corridor on October 4 charges a fare higher than the existing Shatabdi Express and other trains on the same route. While the first corporation-run train received excellent reviews from the passengers who positively compared their amenities and on-board service to global standards, the tariff fixed is apparently in violation of the Railways, says, senior railway officials. According to the senior railway official, the Railways Act explicitly stipulated rates for the carriage of passengers and goods that the central government would decide on.

USA – California Became The First US State To Outlaw Animal Fur Products

California is the first US state to ban the manufacture and sale of animal fur. Residents will no longer be able to sell or produce clothes, accessories or handbags from fur as of 2023. The step has been praised by animal rights groups, which have been pressing for a ban for some time. Governor Gavin Newsom signed a bill banning most of the animals from circus shows, including cats, dogs, and horses. It does not apply to rodeos. The prohibition does not extend to leather cowhides and the full skin of deer, sheep, and goats, according to the San Francisco Chronicle. Nor does it refer to stuffed animals. Those found that are violating the law could face a fine of $500 (£ 395) or, in repeated cases, $1,000.

INDIA – The Supreme Court To Lax On The Errors Of Judicial Officers

The Supreme Court has warned high courts against disciplinary action against judicial officers solely on the ground that they have given wrong legal orders. “To err is human,” the Bench of Justices Deepak Gupta and Aniruddha Bose cited Alexander Pope to the High Courts in a recent judgment. In its decision, the Bench held that high courts, which have administrative control over the subordinate judiciary, should only resort to disciplinary action against judicial officers if there were “strong allegations of misconduct, extraneous pressures, the pleasure of any kind, etc.” Nevertheless, Justice Gupta, speaking for the Bench, explained that there must be zero tolerance for judicial corruption.

INDIA – Home Minister Said Encouraging Transparency In Order To Reduce The Need To File RTI Pleas

Amit Shah said on Saturday (October 12, 2019 ) that a large number of RTI applications do not represent the success of the government, adding that the Center is working on setting up a governance system to allow people with information to think that they do not need to file for information. Although acknowledging that the Law on the Right to Information on a 14-year journey was a key to building public trust that was lacking in the governance system, Shah argued that the Law should be used to encourage accountability and not be used for personal reasons. He cited the governance tracker dashboard launched by PM Narendra Modi as the beginning of a new era of open governance. He spoke at the 14th annual convention of the Central Information Commission in New Delhi.

USA – New York Became The First State Requiring Tampon Ingredients To Be Disclosed

New York will become the first state to mandate the disclosure of ingredients in tampons and other menstrual items. The law was signed on Friday (October 11, 2019 ) by Democratic Gov. Andrew Cuomo, who said that menstrual products may contain toxic or allergy-causing chemicals unknown to customers. The law shall come into effect within 180 days. Manufacturers of menstrual products, including pads and tampons, will then be given 18 months to develop new packaging or labels Assembly Member Linda Rosenthal notes that customers are actually not told about modifications in materials, including how much cotton is used relative to synthetic materials.

INDIA – TRSTC Bus Driver Who Attempted Self-Immolation Dies In hospital At Telangana

A bus driver who reportedly attempted self-immolation during a strike by employees of Telangana State Road Transport Corporation (TSRTC) died in a hospital in Hyderabad on Sunday (October 15, 2019). Reddy, who was among the 48,000 TSRTC employees on strike against the Telangana government, reportedly tried to put an end to his own life after he poured kerosene and set himself on fire at his residence in Khammam. Khammam Commissioner of Police has confirmed the incident, “The Srinivas family has alleged that he has taken this step because he has been distressed by the state government’s actions towards RTC employees. A case will be recorded in the incident,” he said.

INDIA – Radha Soami’s Chief Argument At Delhi High Court That He Does Not Owe Money To Singh’s Brothers In Daiichi-Ranbaxy Case 

Radha Soami Satsang Beas (RSSB) head Gurinder Singh Dhillon and his family members approached the High Court of Delhi on Friday (October 11, 2019), saying they don’t owe any money to RHC Holdings Pvt Ltd, promoted by Malvinder and Shivinder Singh. The Dhillons filed an application under the direction of the court to deposit the amount due to RHC Holdings Pvt Ltd in connection with the execution of Rs 3,500-crore arbitral award by Japanese pharmacist Major Daiichi Sankyo against former promoters of Ranbaxy Laboratories Malvinder and Shivinder Singh. Dhillons told the court that RHC Holding had made false claims that it owed money to the company. Justice J R Midha sought the reply of RHC Holding, Singh Brothers, and Daiichi to Dhillons ‘ plea.

USA – Advocates Are Pushing Back On Law Enforcement Concerns Over A New Bail And Discovery Laws

In the case of the Daily News, for instance, prosecutors were slow to give evidence in criminal cases where the charges were either dropped, or the accused was acquitted. On Jan. 1, laws requiring prosecutors to quickly turn over a wider range of evidence will come into effect. Reform of the bail system aimed at reducing the number of people languishing in prison before the trial begins on the same day. As the News has previously reported, police brass and senior lawyers were concerned about the new rules, citing the protection of victims and witnesses, and challenges in providing evidence within 15 days of detention. But the advocates of the new standards are unwavering in their commitment to the changes.

INDIA – No GST On Goods Sold In Duty-Free Shops At Mumbai Airport: Bombay High Court

In a significant relief, the High Court of Bombay ruled that goods and services tax (GST) could not be imposed on products sold in duty-free shops at Mumbai airport. The two judge’s bench noted that if duty-free shops were to be subject to local taxation, the tax burden would increase, and the price of goods free from taxes and duties would rise. The decision would have broader implications, as it could set a precedent for the removal of local duty on products sold by duty-free shops across the country. The judges further argued that they see value in the petitioner’s claim that the luggage of the arriving passenger is excluded from the Integrated Tax.

CANADA – Court Says Ontario Broke The Law When The Cap-And-Trade Scheme Was Repealed

The Ontario court says the government of Premier Doug Ford broke the law when it scrapped the provincial cap-and-trade system, but even the groups that launched the case admit that the findings will not bring the program back. Two of the three judges on the divisional court bench said that the government breached provincial law when it refused to inform the public on a law that ended Ontario’s cap-and-trade system last year. The environmental groups who brought the case were requesting a formal declaration against the government, but the judges denied the petition and dismissed the case.

INDIA – Madras High Court Directed the Southern Railway Construct Subway In Six Months

Taking into account the plight of the people in Aranthangi, Pudukottai district, the Madurai Bench of Madras High Court ordered the Southern Railway to build a level-crossing subway. After the transformation of the route from Pattukottai to Karaikudi into a broad gauge, the existing road was closed. Local people are now unable to reach the street as the ground level was raised after the conversion from the miter gauge. The petitioner Vairamuthu from Aranthagi sought permission from the Southern Railway to build a subway for the benefit of the public.

AFRICA – Uganda has Announced ‘ Kill the Gays,’ Law Enforcing The Death Penalty On Homosexuals

Uganda announced plans to impose a death penalty on homosexuals the bill, colloquially known as “Kill the Gays” in Uganda, was nullified on technical grounds five years ago, but the government announced on Thursday that it plans to revive it within weeks. The government said the law would curb the growth of “unnatural sex” in the East African country. Mr. Lokodo said that the bill, backed by the President of the country, Yoweri Museveni, will be reintroduced in Parliament in the coming weeks. The Minister was confident that the bill would pass with the requisite two-thirds of the members present, he said, as the government had called on the legislature to reintroduce it. Uganda’s constitutional court reversed the statute – formerly known as the “Kill the Gays” bill because it contains the death penalty – on a technical basis in 2014.

 INDIA – ‘ Cleaning Only When The Major Leaders Visit ‘: Madras HC Slams The TN-Government Ahead Of Modi-Xi Meeting

The High Court of Madras blasted the Tamil Nadu government for undertaking cleaning works only when ‘ major leaders ‘ visit the state.  The court appears to have applied to the visit of Chinese Prime Minister Xi Jinping to Mamallapuram for his informal meeting with Prime Minister Modi between 11 and 12 October. Weeks ahead of the tour, the state government undertook major cleaning and beautification work along East Coast Road (ECR) and Old Mahabalipuram Road (OMR). The court heard a petition filed by R Ravi, the father of Subhasri, a 23-year-old Chennai techie that lost her life when a banner dropped on her last month. He introduced a special law with the maximum penalty to prevent the illegal installation or display of electronic banners and flex boards.

INDIA – Introduce Laws To Curb Illegal Water Extraction: Madras HC To State

Confirming that the groundwater in Tamil Nadu is depleting at an alarming rate due to unregulated and illegal mining for commercial use, the High Court of Madras has asked the state government to think of appropriate legislation to curb illegality. The Division of Justice S Manikumar (now Chief Justice of Kerala HC) and Justice Subramonium Prasad appealed to the state because the court could not order the government to bring forward legislation. The court passed the directions to the PIL moved by V Sheela seeking direction from the authorities to take the necessary action against illegal extraction of groundwater from private vacant land in Chennai’s Kattupakkam.

DUBAI – Current UAE Policy To Boost The Competitiveness Of Global Gold Markets

The gold and jewelry trade in the UAE has received a significant boost from the cabinet approving a plan to create a more unified forum for trading and monitoring gold imports and exports in line with international standards. Under the new initiative, the UAE will have a single sound delivery system instead of the Dubai Good Delivery System, a global benchmark of performance and technological consistency in the processing of gold and silver. Welcome to the Cabinet move, Tawhid Abdullah, Chairman of the Dubai Gold & Jewelry Group, said it would have far-reaching positive consequences for the gold trade. He said that the trading and clearing platform will serve as a stock exchange and help increase the transparency and competitiveness of the industry.

INDIA – The Supreme Court Shall Create The Third Constitution Bench For Various Cases Pending

With a variety of constitutional interpretation cases pending before the Supreme Court, the Supreme Court has set up a five-judgment bench, which will start hearings on several issues from Tuesday. A series of cases, beginning with a batch of petitions on the interpretation of Section 24 of the Right to Fair Compensation and Accountability in Land Acquisition, Rehabilitation and Resettlement Act 2013, will be heard by the five-judge bench led by J Arun Mishra. This issue will affect thousands of landowners and development projects across the country. The petitions, with the name of the case filed by the Indore Construction Authority, were recorded in 2016.

INDIA – Gujarat High Court Moved TAT For One Mark

A candidate from Patan seeking to become a teacher, Sharadkumar Sadu, battled with the Gujarat State Examination Board at the Gujarat High Court for only one mark in the Teacher Aptitude Test (TAT), which is now required to qualify for government and grant-in-aid secondary school education. The High Court directed the board to add a mark to Sadhu’s score of 142 in the TAT. In the proceedings, the court also slammed the board and its expert panel, which had wrongly sought to counter Sadhu’s argument that there was a printing error in the answer key of the English language paper. Sadhu took the TAT earlier this year. When he saw the answer key, he found that there was an inconsistency in answering Question No 149 in Paper Set No. 5, which he was given.

AUSTRALIA – Kids Will Be Innocent Victims When Pragmatism Takes Precedence Over The Reform Of Family Law

West Australian Attorney General John Quigley used the Royal Prerogative of Mercy to release Jody Gore, who was jailed for murdering her abusive ex-partner. This must not, however, be the only hope for future victims of domestic abuse. It will be, however, if the federal government does not act now to eliminate family law anomalies that deny judges the means to prevent them. The analysis is in line with the findings of the Australian Law Reform Commission in the report; Family Law for the Future — The Family Law Framework Survey (ALRC Report 135, March 2019). The report was issued by Mr. Porter in March 2019. It was tabled in April, as required by the parliamentary rules. Nevertheless, despite my repeated inquiries, Parliament will not say when or if it accepts the recommendations of the ALRC.


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