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

INDIA – Court Seeks Response On Plea Banning Poker From Centre, Delhi Government

The Delhi High Court on Wednesday demanded the Center and AAP Government’s response to a petition calling for poker and related card games, played online or offline, to be declared gambling and, therefore, illegal. Chief Justice DN Patel and Justice C Hari Shankar issued a notice to the Ministry of Finance and the Delhi Government asking them to state their position on the plea seeking a ban on poker and similar card games such as rummy, bridge, and teen Patti. The court, together with another related matter, listed the petition filed by a lawyer for hearing on November 28. Last week, the bench refused to make the same plea to the petitioner, Deepti Bhagat, because she was unable to explain what the poker game was like.

INDIA – The Family Is Unable To Afford Hearse, Carries The Body Of The Woman On The Shoulders For 40 Km In Odisha

Even when the government of Odisha promises to bring about a health and infrastructure revolution through the 5 T Governance Model, some incidents reveal the state’s bitter reality. In one such case, unable to afford a hearse or an ambulance, a poor family in an Odisha village was forced to carry a woman’s body 40 kilometers on their hands, to cremate her. The family brought the woman’s body from the village of Guru Guda to Temurupali in the block of Mathili in the district of Malkangiri, infested by Naxal. When Temurupalli village’s Mude Kalmari fell sick, members of the family rushed her to Mathili Community Health Center(CHC). The government doctor at CHC, however, reportedly demonstrated the inability to diagnose the infection and treat Mude.

INDIA – Unitech Loses Property In Noida Over Rs 1,203 Crore Non-Payment Of Duty

The Noida Authority said on Wednesday that it had canceled the allocation of a group of housing properties to the crisis-hit Unitech real estate on non-payment of fees for Rs 1,203 crore. The property concerned is situated in Sector 113, where the real estate company had also set up 17 towers without the authority has approved the map, in violation of the Noida Building Regulation, 2010, it said. “The allocation was canceled on 21 October following instructions from the CEO of the Noida Authority, Ritu Maheshwari, who instructed officials to regain the possession of the property within 15 days,” the authority said in a statement. The representatives of Unitech could not be reached immediately for a response.

USA – The Unanimous New York Court Of Appeals Suspended Two Judges From The Bench, With Salary

Two judges in New York must stay on the bench but will still be paid for their positions, in a unanimous vote by the New York Court of Appeals to authorize their suspensions in separate rulings handed down on Tuesday morning. Sylvia Ash, Chief Justice of the Kings County Supreme Court, Commercial Division, and Paul Senzer, the Long Island Village Judge, will remain off the court, at least for the time being. Ash had already been suspended by the Court of Appeals in a ruling earlier this month after being sued by federal prosecutors for falsely trying to cover up financial fraud by the president of the credit union of which she was a member. In a unanimous decision, the Court of Appeals agreed to continue the stay with suspension on Tuesday. Ash receives $210,900 annually as the Supreme Court of the City.

INDIA – Proposed Mediation Bar In All Courts: Sharad Bobde

In the second part of his exclusive interview with TOI, Chief Justice of India-designate Sharad Bobde talks about how alternative dispute resolution (ADRs) like mediation could help the judiciary and litigants to get rid of disputes at an early stage and also help not to add to the existing pendency of cases. According to him, India is poised to embrace meditation in a big way, even though there is still a long way to go. Bobde, who is also the Executive Chairman of the National Legal Services Authority of India (NALSA), has recommended that a mediation bar be developed in all courts with a view to promoting its use. Due to his efforts, the 17th meeting of all India’s legal services authorities, under the aegis of NALSA, was held recently in Nagpur. It was attended by who’s who of the judiciary.

INDIA – INX Media Case: Delhi HC Directs The Director Of AIIMS To Constitute A Medical Board On The Health Status Of Chidambaram

The Delhi High Court ordered the director of AIIMS to set up a medical board on Thursday (October 31, 2019) to give an opinion on the health of former finance minister P Chidambaram, who is suffering from Crohn’s disease and is currently in prison in the INX Media money laundering case in Tihar. The High Court noted that the Hyderabad-based gastroenterologist Nageshwar Reddy, who had been treating the 74-year-old Congress chief, had been included in the board to give his opinion on Chidambaram’s medical condition. In a case filed by the (ED) Enforcement Directorate, Chidambaram requested temporary bail on medical grounds alleging that his health is worsening and that he must be in a sterile environment. Justice Suresh Kait ordered the board to sit on Thursday to discuss Chidambaram’s medical condition and put the document before the court that will hear the matter today.

USA – Proposed Law Will Hit New York’s Most Dangerous Drivers With Prison Time

New York lawmakers want to take more dangerous drivers to court. State Sens. Tim Kennedy (D-Buffalo) and Brad Hoylman (D-Manhattan) proposed on Tuesday new legislation to crack down on drivers who kill or harm people. The pair said that the current state laws make it difficult for the authorities to arrest and prosecute dangerous and unsafe drivers. The proposed bill would lay down four additional offenses that the police and prosecutors may use to prosecute drivers, including misdemeanors for “death by car” and “serious physical injury by vehicle.” The law also includes a provision that could punish motorists with a category E felony if they have previous driving convictions and raise the speed limit by more than 20 mph if they kill or injure someone. Such a sentence extends up to four years in prison. The bill was the result of a recommendation by the Grand Jury established earlier this year by Manhattan District Attorney Cy Vance. The team spoke with survivors of traffic abuse, transport officials, and advocacy groups.

INDIA – Lawyer Approached Bombay High Court To Recognize Wadala’s Custodial Death

On Thursday (October 31, 2019), a lawyer approached the Bombay High Court urging him to recognize the death of a 26-year-old man allegedly in police custody. Advocate Arvind Tiwari submitted his application to the vacation bench of Justice K K Tated, urging the court to recognize the incident and direct the State Government to initiate strict action. He also requested the creation of a committee led by a former high court judge to conduct an investigation into the incident. Justice Tated ordered the High Court Registrar to take the petition to Chief Justice Pradeep Nandrajog for the necessary directions. Vijay Singh, a resident of the suburban Sion area who served as a medical representative in a pharmaceutical company, died on 27 October after being detained at the Wadala Truck Terminus Police Station for questioning in an assault case.

INDIA – Bombay High Court Declined FIR’s Plea Against The Union Minister, Saying it’s Not Urgent

The Bombay High Court has refused to take an urgent hearing of a petition seeking the registration of the FIR against Union Minister Raosaheb Danve for his alleged declaration of the pro-cow slaughter at a public meeting. The petition, filed by the animal lover Vinod Kothari, was brought before the vacation court by Raju Gupta. It sought the direction of the State and the police commissioner to lodge an FIR against Danve under the Indian Penal Code, sections relating to the fostering of enmity between groups on grounds of religion and the exploitation of religious sentiments by deliberate and malicious actions, as well as to abetting and attempting to commit offenses under the Maharashtra Animal Preservation Act, 1976. The complaint stated that he had received a video clip from Danve, BJP MP from Jalna, and Minister of State at the Ministry of Consumer Affairs on 23 October. The video was recorded before the elections to the Assembly.

CANADA – Marijuana Law That Will Increase the Legal Age To 21 Years, Passed in Quebec

Citizens in Quebec will have to wait until they are 21 to legally purchase marijuana under a new law passed by the coalition government of Avenir Québec. When the age limit is increased from 18 to 21 on 1 January 2020, it will be the highest in the country. Cannabis is permitted elsewhere in Canada at the age of 19, except in Alberta, where the legal age is 18. Lionel Carmant, provincial junior health minister, said the goal is to send a “clear message” about the government’s priorities. Several Quebec health professionals, industry groups, and Prime Minister Justin Trudeau have opposed the idea of raising the age limit. When it was first suggested last year, Trudeau cautioned that the laws on marijuana would favour organized crime, and make teens turn “to the Hells Angels to buy it.”

CANADA – Child Vaccination Law: Anti-Vaccine Group, 5 Moms Launch Legal Challenge In Ontario

An organization launching a legal challenge to the Ontario Child Vaccination Program is organizing a protest at the provincial legislature in Toronto today. The party, consisting of five mothers and Vaccine Choice Canada, is also expected to hold a news conference on its constitutional challenge. Critics argue that the Immunization of School Students Act violates a variety of charter rights, including those relating to the freedom of conscience and faith, as well as the liberty and security of the person. The law requires that children should be immunized against certain diseases unless their parents have a complaint on medical grounds or on the grounds of faith. In a September report, Dr. Eileen de Villa recommended that the Ontario government consider changing the Immunization of School Pupils Act only to allow medical exemptions from a licensed health care provider.

INDIA – Punjab And Haryana High Court Asked The States To Consider The Recommendations Of The PGI On Organ Donation

Just eight months after an expert committee of the Post Graduate Institute of Medical Education and Research (PGIMER) recommended the maintenance of the National Register of Voluntary Organ Donors, the Punjab and the Haryana High Court today asked the states of Punjab, Haryana, and Chandigarh to take this and other recommendations into consideration. Disposing of the petitions by Ranjan Lakhanpal and Munisha Gandhi, the Bench of First Justice Rajiv Sharma and Justice Harinder Singh Sidhu directed Punjab, Haryana, UT and the Union of India to implement the Transplantation of Human Organs and Tissues Act in letter and spirit, taking into account the recommendations made by the PGI. The Chief Secretaries of Punjab and Haryana, along with the UT Adviser and the Secretary of Health of the Union of India, were also advised to forward copies of the recommendations to all quarters concerned. For this reason, the Bench set a time limit of three weeks.

UNITED KINGDOM – Britain’s Black Belt In EU Law Drops No Punches In The Belt Attack

The postponement of Brexit meant it wasn’t her last day in the job but General Advocate Eleanor Sharpston, one of the top legal officials in the courts of the European Union in the United Kingdom, let loose nevertheless. The karate black-belt made a thinly veiled assault on penny-pinching Brexit proponents in a valedictory address who, she says, seem to understand the EU’s cost but not its value “Playing one’s proper part in solidarity with fellow Europeans can not be based on a penny-pinching cost-benefit analysis along the lines (family, unfortunately, from Brexiteer’s rhetoric) of ‘ what does the EU cost me a week and what exactly do I get out of it personally? ‘ ” warned Sharpston. She made comments in her opinion chiding Hungary, Poland and the Czech Republic about their refusal to apply EU rules aimed at providing a safe haven for refugees.

INDIA – Indian Kashmir Ceases To Be A State, Shops Closed And Streets Deserted

Shops and offices were closed in Indian-run Kashmir on Thursday, and the roads were deserted mainly as federal authorities officially abolished the political independence of the rest of the state and divided it into two federal territories. Prime Minister Narendra Modi’s August decision to change Kashmir’s status and strengthen India’s hold on the region, which Pakistan has also reported, has stirred up anger and resentment as a three-decade armed rebellion rages. After midnight on Wednesday, the orders of the federal government came into effect, splitting the old state of Jammu and Kashmir in two union territories – one Jammu and Kashmir, and the other the Buddhist-dominated high-altitude region of Ladakh. Both will be directly governed by New Delhi, and new lieutenant governors are scheduled to be sworn in at the headquarters of the high-security governor later on Thursday (October 31, 2019).

INDIA – HC Orders The Closure Of All Tanneries Until They Comply With Environmental Norms In Jalandhar’s Leather Complex

Punjab and Haryana High Court directed the closure of all tanneries operating in the Jalandhar Leather Complex until they comply with emission or discharge requirements for environmental pollutants. The Deputy Commissioner of Jalandhar will be personally liable for the execution of the Order, he said. Observing that prima facie, neither leather tanneries nor the outlet of the Common Effluent Treatment Plant (CETP) comply with the norms, the court stated that the situation had further contaminated the Kala Sanghian river. The Order was passed after PPCB granted to the High Court that leather tanneries and CETP did not comply with the norms and guidelines laid down in Item No. 16 of the Environmental Protection Act, 1986 and the Water Conservation and Pollution Control Act, 1974.

DUBAI – In Dubai No rent hike for three years, Draft Law Proposes

A new proposal for rental legislation proposed that rents of apartments in Dubai should be fixed for the first three years after the contract was signed. It is  proposed that the owner or his representatives may not receive a commission or any other fee from the tenant to cover any administrative or other costs while signing or renewing the contract, according to the Arabic daily Emarat Al Youm. The request, which may be submitted for approval by the Supreme Legislative Committee in Dubai, states that the owner may now, for any reason whatsoever, increase the rent during the first three years of the signing of the lease.

INDIA – Supreme Court Orders ‘ Aadhaar ‘ Techies Not To Share Unique ID

The clutch of multinational technology companies turned to the government for help after their workers declined to connect Aadhaar’s numbers to the provident accounts. At a meeting last week with the Karnataka Labor Minister in Bengaluru, HP, Chief Executive Officer of Technology, said that the company was struggling to fulfill the mandate of the Employees ‘ Provident Fund Organization (EPFO) to link a unique identification number to individual PF accounts. Scores of employees referred to the judgment of the Supreme Court that any such relation is optional, he said. Last month, the High Court of Bombay granted temporary relief from prosecution to JP Morgan Services India Pvt Ltd for not sharing the Aadhaar and bank details of its employees with EPFO. The firm had moved a division bench seeking to quash a criminal complaint brought against it by the EPFO for not furnishing the data.

 

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