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

INDIA – India Underlines The Urgent Need To Institutionalize The Role Of Women In Conflict Prevention  

India has highlighted the urgent need to institutionalize women’s role in conflict prevention and post-conflict reconstruction regretting their exclusion from negotiations during peace processes given their noted contributions to peacebuilding. The First Secretary in India’s Permanent Mission to the UN, Paulomi Tripathi, noted that most of the peace agreements concluded in the last three decades have not women signatories and that the vast majority of peace agreements fail to refer women and address their concerns, such as gender-based violence. “Despite recognition of women’s contributions to prevention, conflict resolution, and post-conflict recovery, they are often excluded from negotiations during peace processes,” Tripathi said Monday at the Ambassadorial Meeting of the Peacebuilding Commission on ‘ Strengthening Linkages between Women, Peace and Security & Peacebuilding and Sustaining Peace. ‘

INDIA – An Investigation Into Allegations starts As Infosys Hires Law Firm

Infosys has retained a law firm to independently investigate claims that Salil Parekh has not been CEO of several large contracts the company has signed with customers, including Verizon, Intel, and ABN AMRO. The claims were made by a group of suspected employees of the company who, in a letter dated 20 September and another dated 3 October, called themselves ‘ Ethical Workers. ‘ The group complained to both the Infosys Board and the American Markets Regulator, Office of the Whistleblower of the Securities Exchange Commission, according to the letters of Forbes India. The audit committee of Infosys retained the law firm of Shardul Amarchand Mangaldas & Co. on 21 October to conduct an independent investigation, said Nandan Nilekani, in a statement to the stock exchanges on 22 October.

INDIA – In India Cyber-Crime Cases Almost Doubled In 2017; NCRB

According to figures published by the National Crime Records Bureau (NCRB), cybercrimes in India almost doubled in 2017. The data comes from the history of India, which aspires to become a trillion-dollar digital economy. Ironically, cybercrimes accounted for less than a quarter (0.43%) or 21,796 incidents of a total of 50,07,044 identifiable crimes in 2017. India reported 9,622, 11,592 and 12,317 cybercrime cases in 2014, 2015 and 2016, respectively. The information for 2017 came after a two-year lag, and the Center blames the States for the delay in presenting compilation statistics. With the NIC-CERT-National Informatics Center-Computer Emergency Response Team-established to counter cybercrimes and the home ministry proposing the creation of the Indian Cyber Crime Coordination Center (I4C), the government hopes to improve India’s cybersecurity network.

USA – New State Law Can Avoid Costly Unexpected ER Bills In Life Or Death Situations

Insurance companies must ensure that patients do not face higher out-of-pocket costs when seeking emergency care under new state law. Democratic Gov. Andrew Cuomo just signed the bill. He said it’s ridiculous to expect someone with a life or death situation to check if the hospital is part of their hospital insurance network. The law also requires that hospital charges for emergency services are subject to an independent dispute resolution system. Cuomo said in his announcement on October 17 that the bill came into effect immediately.

INDIA – NGO Levies New Fraud Allegations Against Indiabulls In Court Filing

The Citizen Whistle Blower Forum (CWBF) has raised new allegations of fraud against the Indiabulls Group, this time in its alleged dealings with Yes Bank’s Rana Kapoor, in a new set of documents filed with the High Court of Delhi. The new documents were part of the NGO’s response to the perjury request filed by Indiabulls Housing Finance Ltd (IHFL). CWBF is a Delhi-based organization that includes retired Delhi High Court Justice A.P. Shah and former finance secretary E.A.S. Sarma, among others. In September 2019, the PIL filed a request for an investigation into IHFL and accused Sameer Gehlaut-run of financial irregularities and round-trip funds through a series of complex transactions involving some of India’s most prominent corporate houses.

INDIA – A Law-Abiding Helmet-Wearing Dog From Delhi Has Won The Heart Of Twitter

Amid a hullabaloo over Amended Motor Vehicles Act, with people going insane lengths to stop challans, this law-abiding, helmet-wearing dog has attracted people’s interest. An adorable picture of a dog sitting on a scooter behind its owner, wearing a helmet in Delhi, has gone viral. The photo has been making social media rounds for quite some time now. It first appeared on the Internet in September — soon after the implementation of the Amended Motor Vehicles Act — which increased penalties for driving errors across the nation.

UNITED KINGDOM – What Does The Change Law For Abortion Mean For Northern Ireland’s Women?

As the clock passed midnight and Monday became Tuesday, abortion was decriminalized in compliance with Westminster legislation, which announced that the law would change if Northern Ireland’s autonomous government was restored by 21 October. Abortion Act 1967, which governs terminations in England, Scotland and Wales, has never been enforced in Northern Ireland, meaning that abortion law has been more restrictive than in the rest of the United Kingdom. Abortion was allowed only if the life of a woman was at risk or if there was a danger of permanent and serious damage to her physical or mental health. The UK Government will now take responsibility for introducing new regulations to make abortions more affordable by next April.

INDIA – Harish Salve On Why the Supreme Court Is Unlikely to Void Article 370 Move

Harish Salve, India’s leading constitutional lawyer, said it was unlikely that the Supreme Court would find the Modi Government’s handling of Article 370 or the separation and breakup of Jammu and Kashmir unconstitutional. In a 60-minute exclusive and comprehensive interview with Karan Thapar for The Wire, Salve discussed all the arguments for believing that the de-operationalization of Article 370 is unconstitutional, as well as the cases for maintaining that Article 3 was wrongly used by the central government to remove J&K from the status of union territory and to divide it. Salve argued that the process of decommissioning Article 370 – i.e., the use of Article 370 to amend Article 367, which is then used to change Article 370 – is precisely the same as that used in the 1960s when Jammu and Kashmir’s Sadre Riyasat and Wazir e Azam became governors and chief ministers.

EUROPE – BEUC Report Says, Food Controls In Europe Are Weakening

The report on ‘ Keeping food in check ‘ released by the European Consumer Organization (BEUC) states that the number of food controls and the resources allocated to them are declining across Europe. To order to verify that companies comply with Eu laws on food safety and labeling, the European Consumer Organization (BEUC) has called on governments to increase monitoring capacity and on the EU Commission to ensure that reporting by Member States is accurate, easy to access and comparable across countries. All Member States are required by law to report on their inspection activities on an annual basis. BEUC analyzed data on official food controls from 12 countries

INDIA – Pakistan Asks The Indian Army Not To Breach The Ceasefire, Starts Shooting In Poonch Civilian Areas

Days after the Indian Army carried out artillery strikes on terrorist launch pads in PoK to destroy terrorist facilities, the Pakistan Army asked the Indian Army through a well-established communication channel that no ceasefire violations should be committed as journalists visited the LoC. Nevertheless, the Pakistani Army resorted to a ceasefire breach, leaving schoolchildren trapped on the Line of Control (LoC) because of the shooting. This was even after the Indian Army chose to comply with the request made by the Pakistani Army. Significant protests have taken place in Muzaffarabad in PoK against the government of Pakistan, with people clashing with security personnel and raising slogans for freedom. This happened on the day the Pakistani Army took diplomats and journalists to the Loc in Pok.

INDIA – Orissa HC Adjourns The Trial Of Contempt Of Lawyers ‘ Strikes To 4 November

The Orissa High Court adjourned on Monday to 4th November the hearing of a petition for contempt filed last week in connection with regular strikes by lawyers in the city. All 68 bar associations, which were informed in connection with the case, appeared before the full court and unanimously demanded at least four weeks to file their answers. The bench, headed by Chief Justice K S Jhaveri, provided just two weeks and scheduled the next hearing on 4 November. Concerned regarding repeated strikes by lawyers in Odisha, the court had initiated a petition of contempt based on a report by its own registry.

AFRICA – SCA Blasts Home Affairs, Offers Asylum Seekers Green Light To Get Married

If you are an asylum seeker whose application for asylum under Section 21 of the Refugee Act has not been finalized, you are still allowed to enter into a marriage. It was confirmed by the Supreme Court of Appeal (SCA) in a judgment handed down in October. The case was brought by asylum seeker Emmanuel Ochogwu, whose request for refugee status has been pending before the refugee review board for more than six years. He is a Christian preacher who has survived the religious persecution of Boko Haram in Nigeria. During the protracted delay in finalizing his request, Ochogwu established a relationship with Zizipho Nkumanda. The two were married under customary law. In 2016, they approached the Department of Home Affairs to register their customary marriage under the Act on the recognition of customary marriages and to establish a civil marriage under the Marriage Act. The parties are asked to prove the existence of traditional marriage and to provide Ochogwu with an asylum permit for confirmation. Home Affairs suggested that a recently published circular from the Deputy Director of Civic Services prohibited marriages for asylum seekers whose requests for asylum have not been finalized. Dismayed, the couple asked the High Court of Eastern Cape for relief.

INDIA – Mehul Choksi Said Declaring Me An Offender Is To Deny Natural Justice

Vijay Aggarwal,  Absconding Counsel to Diamant Mehul Choksi, filed two new applications before the CBI court. One of the claims was filed by Vijay Aggarwal and Ashu Aggarwal, lawyers, on behalf of Choksi, requesting a copy of the petition to declare him a convicted offender. The submission of a copy was sought on the ground that the declaration made by the offender without hearing Mehul Choksi would infringe his right to natural justice. Mehul Choksi has already filed a request for the cancelation of non-bailable outstanding warrants. Vijay Aggarwal insists that unless the request for cancelation of the NBW is considered and disposed-off, Mehul Choksi can not be deemed a convicted offender.  The Court issued a notice to CBI and adjourned the request until 23 October 2019.

INDIA – Supreme Court Looks For A Way to Better And Quicker Legal Aid To Cut Delays

The Supreme Court has launched proceedings to determine why those who have been given free legal aid do not receive proper assistance and to devise ways of alleviating this situation across the country. The bench headed by Justice Uday U Lalit has sought answers from all state governments and high courts to come up with a standardized system to minimize these delays and to ensure the poor are not deprived of their precious rights due to the laxity of legal aid lawyers. “We believe that it is important to the High Courts / State Governments and Union Territories to issue notices so that their views can also be considered before formalizing and finalizing any modalities,” said the bench, which also includes Indu Malhotra and Krishna Murari. It was in May 2017 that the Supreme Court accepted the pervasive problem of unreasonable delays in cases where the victim had received free-of-cost legal services under the legal services authority.

INDIA – Chidambaram Will Get Bailed In The CBI Part Of The INX Media Case

On Tuesday (October 22, 2019), the Supreme Court granted bail to former Union Finance Minister P Chidambaram in the case registered by the CBI in the case of INX Media. The Three-Judge Bench, headed by Justice R. Banumathi, refused to buy the argument put forward by Solicitor General Tushar Mehta that, across the board, those convicted of economic offenses, should be regarded as a “flight risk” and denied bail. Justice Banumathi junked the argument of Mr. Mehta that fighting the threat of economic criminals is a “national phenomenon.” Such straight-jacket formulae-that all economic criminals are flight threats and would abscond abroad-could not be developed in order to deny bail to a man who was otherwise eligible for his liberty, Justice Banumathi, the author of the judgment, reasoned.

INDIA – Temporary High Court Relief For Primary School Teachers In Delhi

Relief for thousands of newly recruited primary teachers, Delhi High Court, on Monday cleared their appointments of three municipal corporations to various schools. However, the Board clarified that the appointment was temporary, as it would be subject to a final appeal by the court on petitions filed by the Delhi Government and the Delhi Subordinate Services Selection Board (DSSSB) in this regard. The court’s order came after the lawyer Ashok Aggarwal, who appeared on behalf of the selected applicants, argued that the entire process of filling massively understaffed corporate schools had come to a standstill due to a stay order by the Central Administrative Tribunal (CAT) on the DSSB test.

INDIA – Supreme Court To Hear Plea For The Elevation Of Bombay HC Judge Kureshi

On Friday (October 18, 2019), the Supreme Court agreed to hear the petition of Gujarat High Court’s bar body seeking guidance from the Center for the enforcement of the decision of the High Court Collegium on the elevation of Bombay High Court Judge Akil Kureshi as Chief Justice of the High Court of Tripura. The College initially recommended the appointment of Justice Kureshi as Chief Justice (CJ) of Madhya Pradesh and later, after taking note of the Centre’s communications, transferred him to Tripura HC as CJ. The petition, filed by the (GHCAA) Gujarat High Court Advocates Association, claimed that the recommendations of the College had not been complied with by the Centre. Chief Justice Ranjan Gogoi and Judges S A Bobde and S A Nazeer told senior advocate Arvind Datara, appearing for the GHCAA, that even subsequent decisions have yet to be complied with by the central government. “We’re going to take this up on Friday,” said the bench.

INDIA – Madras HC Told Senior Citizens To Contact Local Revenue Officers To Get Back Property

The High Court of Madras advised senior citizens to contact the local Revenue Divisional Officer (RDO) in the event that they do not return the property entrusted to their siblings or relatives. Section 23 of the Conservation and Welfare of Parents and Senior Citizens Act, which governs such an eventuality, provides for the cancelation of the Settlement Deed and for the declaration of invalidity of the Gift Deed and has been empowered to do so by the Revenue Divisional Officer. When the settler / donor’s siblings failed to maintain their trust and failed to take care of the donor by holding them at an advanced age, Justice RMT Teekaa Raman said. The judge dismissed a second appeal from a 93-year-old woman who wanted the court to annul the orders of the lower court in Villupuram, which had been handed down in 1995.

INDIA – Big Win For Environmentalists As Karnataka HC Stopped The Mysuru-Kodagu Rail Line

In a big win for environmentalists in Kodagu and conservationists from all over Karnataka, the Karnataka High Court on Tuesday (October 23, 2019) ordered the Indian Railways to obtain environmental clearances prior to the commissioning of two rail projects in Kodagu. The HC gave these directions on Monday as it heard the public interest lawsuit filed by Colonel Muthanna, President of the Coorg Wildlife Society and others. Disposing the case, the High Court held that the Railways could not proceed because the forest and wildlife clearances had not been obtained. In addition, the Indian Railways were asked to inform the petitioner of their application for clearance. In February, the South Western Railways approved the construction of an 87 km rail line between Belagola in Mysuru and Kushalnagar, the largest town in Kodagu, to the dismay of environmentalists and many locals.

INDIA – Karnataka HC Tells HAL Workers To Call Off The Strike, Demanding A Pay Revision

The Karnataka High Court has passed an interim order prohibiting Hindustan Aeronautics Ltd (HAL) workers from continuing their ongoing strike demanding a pay revision. Since 14 October, more than 19,600 workers of the aerospace public sector undertaking have been on indefinite strike seeking a pay increase effective on 1 January 2017, among other concerns. The Hindustan Aeronautics Employees Association (HAEA) has requested 15 percent and 35 percent benefits close to what the executives have been earning instead of the 10 percent and 18 percent slabs provided by the management. Reacting to the interim order, HAL said in a statement, “It is now compulsory for the HAEA to immediately call off the strike and resume work, without which it would amount to contempt of the court.”

 

 

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