Legal News Shots- Top Interesting Shots of the Day
Legal News Shots- Top Interesting Shots of the Day

INDIA – Indian Government to Decriminalize 2/3 Of The Offences Under The Companies Act

The Government is committed to decriminalizing two-thirds of the offences of the Companies Act, as it appears to be doing away with prison terms in more than 40 of the 66 sections where compounding is permitted. Also, the Ministry of Corporate Affairs, which is pushing for change, is also seeking to lower the penalty for small companies. The move is expected to gain about eight lakhs of 11 registered Indian companies with a turnover of up to Rs 2 crore and a paid-up capital of Rs 50 lakh or less. The measures are being discussed by the Company Law Committee, headed by Corporate Affairs Secretary Injeti Srinivas, which is also searching at severe disincentives for rapists, without putting them in jail, sources said.

INDIA – Communications Minister Says Law enforcement agencies should have full rights to know the source of messages that stimulates false rumors

IT and Communications Minister Ravi Shankar Prasad said on Monday that India respects encryption, but insisted law enforcement agencies should be able to identify the source of messages circulating to fuel false rumors and violence. “We respect encryption, but where the same message is relayed repeatedly at the same time, in the same area and on the same issue to create chaos and spread false rumors, law enforcement agencies must have access … the source of nuisance must be identified to deal with the circulation of false rumors in such cases,” Prasad said at India Mobile Congress 2019. The question of traceability was such a flashpoint between the government and the WhatsApp messaging giant.

INDIA – Model law On Tenancy To Help Attract Institutional Investment In Rental Housing

The proposed model tenancy law will be instrumental in institutionalizing rental housing in the country and will have an enormous potential in this segment as more than 11 million homes are vacant in urban areas, according to the report. Property consultancy Knight Frank India and law firm Khaitan & Co released an in-depth study ‘ Institutionalizing the Rental Housing Market in India-2019 ‘ that analyzes the Draft Model Tenancy Act, 2019 announced by the Centre. The proposed model law will be instrumental in institutionalizing rental housing, which is largely unorganized in India, it said. Nevertheless, Shishir Baijal, CMD, Knight Frank India said that more discussion was required to turn the Model Tenancy Act into a substantive, inclusive and detailed piece of legislation.

USA – Trump Illegally Declared National Emergency To Finance The Border Wall, The Law Court Rules

Donald Trump broke US law when he declared a national emergency over the southern border of the country and contributed taxpayers ‘ money to his campaign promise to build a wall across the area, a federal judge ruled. A Federal District Court Judge David Briones described the President’s announcement as “unlawful” in his decision, arguing that the move violated the budget law approved by Congress. Budget law states explicitly that “no funds made available in this or any other appropriations can be used to increase” federal funding to help Mr. Trump’s campaign promises. Mr. Trump declared a national emergency across the US-Mexico border in February, causing local politicians and Democrats to respond quickly to Capitol Hill.

INDIA – India May Restrict Malaysian Imports To Punish Mahathir For UN Comments

India, Malaysia’s 10th largest trading partner, is reportedly considering banning imports from the country to punish its prime minister for remarks made at the (UN) United Nations General Assembly speech last month. On Friday (Oct 11), Reuters reported that India was considering a restriction on imports of certain products from the South East Asian nation, including palm oil. The source of India’s indignation was a comment made by Malaysian Prime Minister Mahathir Mohamad on Jammu and Kashmir – the Himalayan territory at the core of the Indian-Pakistan conflict – at the UN event on Sept 27. Mahathir said that “given the UN resolution on Jammu and Kashmir, the country has already been invaded and occupied.”

USA – Law Allowing Californians Living In U.S. Illegally To Serve On Government Boards Signs By Gov. Newsom

California lawmakers accelerated the state’s expansion of rights and protections this year for immigrants who enter the country illegally, with legislation signed by Gov. Gavin Newsom authorizing them to serve on public boards and commissions and prohibiting prosecutions for immigration violations in courthouses across the state. The efforts of Newsom and Democrats in the California Legislature to provide protection to refugees are in sharp contrast to the laws of President Trump, who continues to push for a new wall on the U.S.- Mexico border and to crack down on asylum seekers. “In spite of our diversity, our state does not succeed: our state succeeds because of it,” Newsom said in a written statement on Saturday after signing some of the bills.

INDIA – Indian Court Put On Holds $2.8 Billion Bhushan Power Sale To JSW Steel

An Indian court temporarily halted JSW Steel Ltd.’s $2.8 billion acquisition of insolvent Bhushan Power & Steel Ltd., a development that affects the South Asian nation’s effort to clean up the world’s worst bad-debt heap. The National Company Law Appellate Tribunal directed a freeze on payment by the Sajjan Jindal-led mill and objected to the acquisition of the assets of the bankrupt steel mill by the Enforcement Directorate, the Federal Anti-Money Laundering Agency. The Agency investigates claims of money laundering by former owners of Bhushan Power and Steel. “No one will come to invest,” said Justice S.J. Mukhopadhaya, who headed the bench in court while hearing JSW’s plea for exemption from future obligations under the Bhushan Power deal.

INDIA – Invitation Of Four State Lawyers To Engage In Formal Interaction By The Supreme Court

The Supreme Court has invited four State lawyers for formal consultation, whose names have been recommended by the State for their appointment as Judges of the Jammu and Kashmir High Courts. Reliable sources said to EXCELSIOR, “Chief Justice of India, Justice Ranjan Gogoi, along with two senior judges – Justice Sharad Arvind Bobde and Justice N V Ramana, will have a detailed interaction with the four nominees before making final recommendations to the Law Ministry.” In March of this year, the State High Court Collegium recommended the names of two Jammu-based lawyers, Rajnesh Oswal and Rahul Bharti, and two Srinagar-based lawyers, Javaid Iqbal Wani and Moksha Kazmi, to be named Judges of the Jammu and Kashmir High Courts.

CANADA – Court’s Bid To Stop LGBT Class Protests At Birmingham School Started

Protests were held outside the High Court on Monday (October 14, 2019) in an attempt to permanently ban LGBT rights campaigners from marches outside Birmingham primary school. Holding gag order signs, protesters gathered outside the courtroom in advance of a hearing to stop protests against equality lessons taking place at Anderton Park Primary School. The school in the Sparkhill area of the city has become the subject of a long campaign to stop LGBT rights messages being taught in the classroom. This Monday, a High Court request by the Birmingham City Council to make an exclusion zone around the school permanent began. The Council launched a court action to prevent further agitation outside the school after about 300 people gathered at the gates in May.

INDIA – India Bans Public Gatherings In The Temple City As The Court Verdict Nears

India closed public meetings in Ayodhya City as the Supreme Court began hearing final arguments on Monday to determine whether a Hindu temple should be constructed on the ruins of a mosque in a long-running dispute. The razing of the Babri Mosque of the 16th century by Hindu mobs in 1992 led to one of India’s officially secular, the deadliest bouts of communal riots in which not more than 2,000 individuals, most of them Muslims, were killed across the country. Hindu groups believe that the site is the birthplace of Lord Ram and have stepped up demands for the building of a temple under the Hindu nationalist government of Prime Minister Narendra Modi. Authorities have enforced an emergency law in Ayodhya that bans public assembly of more than four citizens, saying “hearings of the case are underway, and a verdict is likely to be forthcoming soon,” the district government has said in an order. The bar will be in effect until 10 December, the government said.

INDIA – Domestic Violence Perpetrated In The United States Can Be Prosecuted In India, Says The High Court

Bombay High Court has ruled that an act of domestic violence perpetrated in the United States can be tried in a court in India. Justice S Shinde handed down a judgment on a petition filed by a US-based IT specialist, Mohammad Zuber Farooqi, who challenged the order of Mumbai’s Mulund Metropolitan Court and Session Court, which direct him to pay for interim maintenance to his wife. The two got married and moved to the United States in 2008. Yet two years later, the petitioner divorced his wife, who lodged a domestic violence case against Mr. Farooqi in India. After this, the Mulund court ordered him to pay Rs. 30,000, and Rs. 15,000 a month to his wife and child. Mr. Farooqi then challenged the ruling of the Session Court, which upheld it. He then moved the High Court of Bombay to appeal the two orders, but he did not receive any relief.

INDIA – PIL’s Attempt To Link Social Media Accounts To Aadhaar Rejected By The Supreme Court

On Monday (October 14, 2019), the Supreme Court dismissed a PIL seeking to tie all social media accounts to Aadhaar to prevent fake troll accounts from overpowering social media platforms.  After hearing the PIL on social media accounts, the Supreme Court said that there is no need for anything to come to the Supreme Court. This is a matter before the High Court of Madras, and you can go there. The plea sought direction from the Center for appropriate steps to link social media accounts with the Aadhaar card to ‘check the threat of false and paid news.’ It was filed with the lawyer and BJP leader Ashwini Upadhyay.

DUBAI – Consumers In The UAE Can File A Complaint Against The Firm If The Products Are Not Delivered

A contract between company and consumer shall be concluded by the provisions contained therein and in a way consistent with the requirements of good faith. Under the provisions of the Consumer Protection Act, the Department of Consumer Protection is established under the Ministry of Economy, where a consumer may file a complaint with the Department. It is in compliance with Article 4(6) of the Consumer Protection Act, which states: ‘ A department shall be established in the Ministry under the name of the Department of Consumer Protection and shall have the following competencies: Based on the provisions of the Consumer Protection Act referred to above, you can file complaints with the Consumer Protection Department under the Department of Economic Development against a product.

INDIA – India Law Alliance, Harrison Clark Rickerbys Tie-up Clients Of The Indian-UK Corridor

India Law Alliance has teamed up with the UK-based law firm Harrison Clark Rickerbys to cater to their clients in the UK-India corridor. The collaboration is going to be a non-exclusive relationship. Speaking of collaborative work, Harrison Clark Rickerby’s Partner, Nicolas Groffman, said in a press release that he was, “Keen access to new clients and profiles in a market like India, which is becoming increasingly important to its clients. Adding local legal capability in a rapidly developing country is crucial for full-service firms like ours with extensive domestic and international practice.” The firms believe that the tie-up would allow them to set up multi-jurisdictional transactions. Harrison Clark Rickerbys has five hubs all over the world, and a network that covers 80 countries.

AUSTRALIA – The Bill On Religious Discrimination Will Not Override The Laws Prohibiting Gay Conversion Therapy, Porter Claims

Attorney-General Christian Porter strongly dismissed the Victorian government’s argument that the bill on religious discrimination could threaten its planned ban on gay conversion therapy. In his comments to Guardian Australia, Porter accused the Andrews Labor Government of a “clear lack of understanding” of the bill, which he claimed preserves the rights of states to pass their own laws, suggesting that the criticism was either inept or malicious. On Monday (October 14, 2019), Porter told ABC’s AM radio program that he was still planning to introduce the bill this year and indicated that the revisions would address concerns about the operation of religious elderly care services without requiring “major or significant” changes to the rest of the bill.

 

 

 

 

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