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

INDIA – Freedom From Arrest Comes At The Cost Of Silence In Kashmir On Article 370

Detainees from Jammu and Kashmir, who have been held in various prisons within the State and other parts of India, were forced to sign a bond banning them from making comments, speaking or conducting discussions against the Centre’s attempt to revoke the provisions of Article 370 to secure their release. The detainees were asked to sign the document to ensure that it is published, to pledge that they will not make comments or make statements, or to participate in public meetings related to “recent events” in Jammu and Kashmir for one year. Recent events apply to the push of the Center to abolish the provisions of Article 370 and to the bifurcation of the State into two Union territories.

INDIA – Farmers Appealed To Jai Ram Thakur, Chief Minister, To Abolish ‘ Anti-Farmer ‘ Law

Farmers have appealed to Chief Minister Jai Ram Thakur to take the necessary steps to abolish the anti-farmer law prevailing in some parts of the state. After moving from pillar to post, the farmers of Kangra, Hamirpur, and Bangana tehsil of the Una district, under the banner of the Regional Farmers, and Mazdoor Sabha, approached the Prime Minister seeking the abolition of the centuries-old Khudrao Drakhtan Malkiyat Sarkar (KDMS). According to the information, the then Punjab Government under the British government had issued a notification on 11 January 1919, vesting the ownership rights of spontaneously grown trees on the private land of farmers with the government. This rule is still prevalent in some parts of the state that were part of Punjab before the re-organization of the country in 1966. Sukhdev Singh Jamwal, president of the sabha, said the PMO had instructed Himachal Pradesh’s Chief Secretary to take appropriate action on this issue.

INDIA – Union Minister For Road Transport And Highways Said The New Law On Motor Vehicles Will Not Change, States Can Decide On Penalty Amounts

The new Motor Vehicles Act will not be amended, but states that agree on the number of fines they need to impose, said Nitin Gadkari, Union Minister for Road Transport and Highways. The new law, which increased the number of fines for various traffic offenses, was passed by the Parliament in July of this year and notified by the Center on 1st September. Traffic offenses such as jumping red lights or speaking on cell phones while driving now cost drivers a hefty fine, up to ten times as much as they had to pay before. Many states, including the BJP-ruled ones, have criticized the hike.

USA – Mom-And-Pop Landlords May Have To Sell Buildings If Rent Law Reforms Passes

As the rent law reform pushes into its final stretch this week, mom-and-pop landlords are worried that new laws might put them out of business. Legislation covering residents in about one million rent-regulated apartments in the city expires on 15 June, and, with Democratic majorities both in the State Senate and the Assembly, advocates have called for significant reforms. A package of nine bills would strengthen rent stabilization and put an end to several policies that would trigger rent increases beyond the annual inflation required by the City Rent Guidelines Board.

INDIA – Supreme Court Said Complaint Under The Domestic Violence Act Can Not Be Sustained If The Parties Are Living Separately

Upholding the dismissal of the Punjab & Haryana High Court of a revision petition concerning domestic violence against individuals who do not live in a shared household, the Supreme Court recently stated that the complainant and the respondent are, at best, neighbors and the Domestic Violence Act is not applicable in the scenario. The Supreme Court Division of Justice Indira Banerjee and Justice M.R. Shah passed the judgment in Kamlesh Devi v. Jaipal & Ors at the hearing of a separate leave petition. In 2012, the Judicial Magistrate (First Class) dismissed the petitioner’s claim under the provisions of the Domestic Violence Protection Act, 2005. Subsequently, an appeal brought by the petitioner before the Sessions Court against the judgment was also dismissed.

INDIA – Beach Residents oF A Village Bans Migrants From Running Businesses In Goa

Residents of a beach village in South Goa formally voted to bar migrants from traditional and tourist-centric village-based businesses citing lack of business opportunities for local youth and law and order issues. The resolution passed on Sunday by the Gram Sabha of Cana Benaulim Village Panchayat, which has been the center of simmering tension between local residents and migrants for several weeks, also voted to ban the granting of licenses to migrants for businesses ranging from fishing to restaurants. The dispute between local residents and migrants, more precisely members of the traditional Nomadic Banjara family, started in December last year but took on momentum just ahead of the ongoing national, international tourism season, which began in October.

USA – California’s law on drug pricing disclosure shows dramatic spikes in wholesale prices

Approximately two years after California enacted its first-in-the-national drug pricing accountability law, state officials released data on the price hikes that drug manufacturers are trying to keep hidden from consumers. The report reveals that pharmaceutical companies who fought tooth and nail against the legislation increased the wholesale cost of their products, or the wholesale price for wholesalers without discounts or discounts, by a total of 25.8% from 2017 to the first quarter of 2019. By comparison, the annual inflation rate for the same period was 2%. Generic drugs saw the highest median increase of 37.6% over the era, while brand-name drugs costing more than $10,000 had the smallest median increase of 23.3%. The study comes at a time when Capitol Hill is zeroing in the nation’s sky-high prescription drug prices and how to reduce them before the 2020 election.

INDIA – IIM study finds out, What Are The Delays In Delivering Justice In The Lower Courts?

A recent study found that, along with a long list of cases, issues such as the absence of judges, repeated adjournments, and the refusal of the courts to simplify procedures add to the judicial delay. More than 60% of the trial time is spent on grounds other than the functioning of the court. Research by the Indian Institute of Management (IIM), Calcutta, found that it took an average of 122 weeks, or about two and a half years, for the litigant to obtain a judgment Adjournment for even passing judgment took an average of nine months, while court breaks and strikes took only five weeks. Then there were other reasons for the delay, such as the absence of lawyers from both the plaintiff and the defendant, and quite often, the court issued applications for postponement due to delays in the processing of the requested information. The lag in the appointment of judges and the lack of staff at the court were other reasons that led to delays.

INDIA – Lawyers Of Tarun Tejpal Cross-Examine The Victim In The Rape Case

Defense lawyers began cross-examination on Monday with the girl who, in 2013, accused former Tehelka editor-in-chief Tarun Tejpal of allegedly raping her. While the hearing was conducted in camera and both the prosecution and the defense lawyers were unwilling to comment on the course of the proceedings before the Court of Additional Sessions Judge Kshama Joshi, sources indicated that the cross-examination was likely to continue on 22 and 23 October. “The defendant is cross-examination by the defense team. It is likely to continue on Tuesday,” sources said. Tejpal is charged with several parts of the IPC, having sexually assaulted a junior colleague inside the Goa resort hotel lift during the November 2013 magazine case.

USA – Law Enforcement Officials Warn That Bringing Guns To The U.S./Canada Border Is Becoming A Major Issue

New York State Police Troop T issued a sign on I-190 to the Peace Bridge, warning drivers that guns are not allowed at the United States / Canada border without proper paperwork. It’s an alert that was needed after the U.S. Customs and border protection officers have seen a spike in guns approaching their checkpoints. Firearms carried to the U.S./Canadian border are becoming a significant problem. “We’ve seen a rise in border seizures the U.S. said. Customs and Border Protection Public Affairs Aaron Bowker Liaison. Most of the seizures, though, are, in fact, made from illegally owned weapons.

INDIA – Police Booths Should Be Built With The Least Possible Public Obstruction; Delhi High Court To The Centre

Police booths should be built with the least possible hindrance to the general public, and officers posted there should be provided with necessary facilities, the High Court of Delhi said. Chief Justice D N Patel and Justice C Hari Shankar directed the Centre, the Delhi Government, and the Power Distribution Corporations to jointly develop guidelines for the establishment of police booths and the provision of water and electricity at these kiosks. The directions came while disposing of the PIL by consumer rights activist Bejon K Misra seeking to frame guidelines for controlling the establishment of police booths with all necessary basic facilities.

INDIA – Delhi High Court Directed The Centre And Delhi Government To Evolve Rule For Those Who Don’t Have Ration Cards

On Saturday (October 19, 2019) The Delhi High Court  directed the Center and the Delhi Government to develop a rule for those who do not have a ration card. Chief Justice D N Patel passed an order on a petition filed by a lawyer seeking help to prevent deaths due to starvation and malnutrition. Lawyer Maneesh Pathak, in his appeal, argued that minor children in the slums, particularly those who do not have ration cards, are facing hunger and malnutrition. The petitioner said that he filed a petition after the tragic death of three minors in Mandawali, Delhi, last year due to starvation and malnutrition. He said that such deaths are on the rise in states like Jharkhand and Odisha.

UNITED KINGDOM – This Is Why Surrogate Parents Are Calling For A Change In The Law

Surrogates support a change of law that would mean that the child’s intended parents would have legal responsibility for the child immediately the child is born. Currently, couples or single parents who have a child through a surrogate must apply to the courts to become legal parents of that child after childbirth – with what is called the “parental order” – and this may take between six and nine years. But almost 95% of the surrogates will accept a change in the law, and Surrogacy UK found so that they are no longer recognized as the mother of the child at birth. Such survey results have been released as the organization calls on the Law Commission to go further with the proposed reforms to the ‘ outdated ‘ law.

INDIA – Bombay HC Set Aside Profit-Making Order Against McDonald’s Master Franchise

The Bombay High Court set aside a  profiteering order against Hardcastle Restaurants (HRPL), a master franchisee of the iconic McDonald’s fast-food. HRPL operates almost 300 McDonald’s outlets across 34 cities and 10 states in western and southern India. In November 2018, the National Anti-Profit Authority (NAA) passed an order against HRPL, alleging that it did not move on the benefits of a lower GST cut to its customers. Moreover, it directed to lower the price and deposit the profited amount of 7.49 crore to the Consumer Welfare Fund with 18% of the benefit.

INDIA – Major Setback To Congress Government, HC Started Monitoring Investigations Into The High Profile Honeytrap Case In Madhya Pradesh

In a significant setback to the Kamal Nath-led Congress Government in Madhya Pradesh, the Indore High Court has begun to track inquiries into a high-profile honeytrap case in which several top politicians and bureaucrats are said to have been abducted by a gang of five women and one man. Coming slowly on the decision of the state government to change the two heads of the Special Investigation Team within 8 days of its establishment, the court on Monday ordered the state government not to change the investigating officer of the case without seeking permission from him. In a joint operation on September 17, the State Anti-Terrorist Squad and the Crime branch of the Indore Police arrested five women and one man from Indore and Bhopal, after an Indore Municipal Corporation engineer alleged that he was being blackmailed for his objectionable image, which was discreetly filmed by the gang. The same gang also recorded a similar video of the State Government Deputy Chief Secretary and released it on social media after they were unable to extract the desired amount of money from him.

AUSTRALIA – Australia needs six reforms right now

Important policy concerns, whether the government’s propensity for abuse of personal data, public funds wasted on political campaigns, climate change, or even thousands of allegations against elderly care homes that we can’t reveal, have contributed to an unprecedented concerted movement for reform. For the first time ever, Australia’s leading media organizations have come together to fight the growing threat to every Australian right to know the knowledge that affects their lives. Among the amendments requested are the reforms to the Public Interest Disclosures Act to provide greater protection for public servants, including the extension of the public interest test that currently holds bias against external disclosure, the presumption of criminal liability against the media for the use of information, and the ability of the government to identify sources through news releases and metadata.

INDIA – Across Madhya Pradesh 25% Judicial Officer Posts Are Vacant

Madhya Pradesh is third in the country in terms of the most vacant positions of judicial officers in the district and subordinate courts. Approximately 25 per cent of the vacant positions of judicial officers in courts across Madhya Pradesh have been translated into vacancy for 497 of the 2021 sanctioned posts. There are 1427 and 673 vacancies in the district and local courts of Uttar Pradesh and Bihar. The details came to light in response to a question raised by the Ministry of Law and Justice in Rajya Sabha on 4 July during the monsoon session. When Rajendra Vaani, Registrar General of the MP High Court, was asked about vacancies in subordinate courts, he declined to comment on the matter.

INDIA – Madras HC rejects the argument that the Registry submitted incorrect information to the Full Court

The High Court of Madras dismissed the allegation that its Registry had put an “incorrect agenda” before the Full Court ( meeting of all the judges of the court) for the question of a senior civil judge who had been forced to retire because his fairness, dignity, and impartiality had been assessed to be “doubtful.” Judges R. Subbiah and C.Saravanan refused to accept the allegation brought against the Registry on behalf of the retired judge, R.Navamurthy, and he dismissed a writ petition to reinstate him. The judges approved the request of Mr. M.Santhanaraman said that the Registry had put “absolutely correct evidence” before the Full Court. In  2014 February, the Registrar (Vigilance) of the High Court released a memorandum to Mr. Navamurthy, citing various cases of motor accidents in which he had failed to issue an award during his tenure in Tiruchi. However, the petitioner refuted the allegations and, as a result, ordered a detailed departmental investigation. He has been found guilty of the charges.

AUSTRALIAN – Australian Papers Are Censoring Front Pages To Curb Media Protests

Newspapers across Australia ran heavily written front pages on Monday (Oct 21) in protest against government secrecy and the crackdown on press freedom, a rare show of unity in a fractious media landscape. National and regional mastheads including The Australian, The Sydney Morning Herald and the Australian Financial Review hit newsstands on Monday with most of their front-page news articles blacked out. Advertisements have also been rolled out across the country’s television networks, prompting viewers to consider the question, “When the government hides the reality from you, what are they covering up?” The Right to Know coalition movement was prompted by federal police raids on the national broadcaster ABC and the News Corp journalist’s home earlier this year over two reports that had proven humiliating for the government.

INDIA – The High Court Says Suicide Is Not An Accident, Is Committed By One With Determination

Suicide is committed by one with determination and full and direct knowledge of the act, the High Court noted, while at the same time setting aside the compensation granted to the family members of the driver working for the Karnataka State Road Transport Corporation (KSRTC). On 15 May 2019, the Workers ‘ Compensation Commissioner, Vijayapura, granted Rs 3.8 lakh with a 12 percent interest to the family of Basavaraj Hiremath. The management of the KSRTC appealed against the order, arguing that Hiremath died on grounds beyond his jobs and also on account of his guilt-ridden conscience.

 

 

 

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