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

Tamil Nadu becomes the first Indian State to enact a law on Contract Farming

Tamil Nadu has become the first State in India to enact a law on ‘Contract Farming’ with President Ram Nath Kovind giving consent to the Agricultural Produce & Livestock Contract Farming and Services (Promotion and Facilitation) Act. Tamil Nadu government in an official release on 29th October 2019 said that the law will protect the interests of farmers during bumper crop or when the market prices changes. They will be paid a pre-determined price that had been set at the time of signing agreements with buyers. Also, such agreements will have to be registered with the designated officials from the Department of Agricultural Marketing & Agri Business. A 6-member body, named the Tamil Nadu State Contract Farming & Services (Promotion & Facilitation) Authority, will be made to ensure proper implementation of the Act and make recommendation to the State government for promotion as well as better performance of contract farming. Growers could also get support from buyers for improving productivity by way of inputs, feed & fodder and technology. In addition, farmers involved in rearing of livestock for scale of economy in production & post-production activities will be covered under this.

‘Live Happy Separately if Not Together’: The Supreme Cout of India allows senior citizen couple to part ways

An estranged couple — both above 60 years of age — has been allowed to part ways, with the Supreme Court expressing hope that “they live a happy life separately, if not together”. A bench of Justices Sanjay K Kaul and KM Joseph proceeded to end the protracted wrangling of the couple, and told their respective lawyers to come up with mutually acceptable terms so that the curtains could be drawn on the legal fight going on for two decades. The top court was approached by the woman against an order of the Madras High Court in 2008 whereby a directive of judicial separation was issued on a request made by the husband. The husband had obtained the order of judicial separation under Section 10 of Hindu Marriage Act, which provides for separation on certain grounds such as desertion, cruelty, infidelity etc. Once a decree of judicial separation is passed, there is no obligation on a person to cohabit with the spouse till the time this decree is set aside by the court. While the application was moved in the high court in 2003, the order was passed five years later, which again was challenged by the wife in the Supreme Court. The apex court had in 2009 stayed the operation of the order on judicial separation but the matter remained in the cold storage while the couple stayed separately. The apex bench maintained that the couple will continue to live separately and the man will pay a sum of Rs 5 lakh towards full and final settlement of all the dues to the woman. The parties also agreed to withdraw all other pending cases against each other in different fora and give quietus to their disputes.

AUSTRALIA – The Australians Might Be Forced To Scan Their Faces To View Porn 

In September, the Australian Government Committee asked for ideas on how to make it more difficult for minors to access online porn. Now, another government body, the Department of Home Affairs, has submitted a response to the investigation. Its totalitarian solution: start scanning porn viewers ‘ faces and matching them with government photos to check their ages. In its one-page submission to the Committee on Social Policy and Legal Affairs, Home Affairs notes that the system “could help to verify age, for example, by preventing minors from using their parent’s [ license ] driver to circumvent age verification controls.” Only time will tell if Australia will take Home Affairs upon its recommendation to use age verification scans on pornography pages.

The Delhi High Court cautions the govt of Delhi over the misuse of Farishte scheme at govt hospitals

The Delhi High Court on Wednesday pulled up the administration of hospitals managed by the Delhi government, their staff and doctors for not giving a “damn” about their job, and observed “the attitude must go out.” The court was hearing a PIL by a school teacher from Karawal Nagar who, through advocate Prashant Manchanda, highlighted the “crumbling infrastructure and lack of medical facilities” in Delhi government hospitals, based on an inspection carried out at 35 institutions. “These are government hospitals, for which they have worked hard to get this job. Later they do not give a damn,” a bench of Justice G S Sistani and Justice Anup Jairam Bhambhani said, adding that “if they (doctors and other staff) do not fall in line, conduct an enquiry, throw them out”. “Because of this attitude, patients and their family members have to suffer. Often it is seen that the people concerned are not on their seat and the patient needs to wait,” the bench observed. It also cautioned the Delhi government over the misuse of its scheme, Farishte Dilli Ke, a new initiative aimed at felicitating citizens who take accident victims to hospitals, and said, “where you are giving facilities, you should ensure that it is not misused”. The court said if 10 people are benefiting from the scheme, there are over 40 who may misuse it. The bench observed that the scheme can be misused through touts. “The common citizen will not be able to avail the scheme. The Delhi government needs to take strict action against such misuse,” it said, adding that the Delhi government’s intention is good, but it should not be that if a person falls in bathroom, he is admitted to a hospital as a road accident victim. It said the poor easily fall prey to touts, who promise they will take care of everything as long as a person gives his consent.

USA – You Don’t Have To Break The Law In Order To Be Impeached, Trump’s Supporters Need A Better Argument

The Founders made it clear that there is no need for a criminal offense to be charged or convicted. Hamilton said that he objected to ‘ the misconduct of public men ‘ The tactics used by some Republicans to defend President Donald Trump from being charged by the House and Impeached by the Senate include confusing the public with what these terms mean. One thrust is to suggest that, in order for the President to be impeached, he must have committed a crime. Not all offenses are offenses to be prosecuted, and not all offenses to be charged are crimes. Abuse of power arises when the President exceeds the boundaries of his authority and Breaches the constitutional requirement of the President “take care to ensure that the laws are properly enforced.” In an act that calls for more scrutiny, Trump intervened in the recent Pentagon decision to try to ensure that Amazon was not awarded a highly sought-after $10 billion cloud computing contract as part of his grudge against the Amazon owner, Jeff Bezos, who also  the owner of Washington Post. By taking a vengeful action to intervene with the decision of the government contract to punish a company that he despises, the President has undoubtedly committed an impeachable offense.

WCD ministry wants law ministry on board after PIL filed in Delhi HC seeks uniform age of marriage for men, women

The Ministry of Women and Child Development told the Delhi High Court on Wednesday that the Law Ministry be also taken on board to deal with the issue of fixing a uniform age of marriage. The WCD told the court that it was holding consultations with stakeholders on making amendments in the law prohibiting child marriage. The plea for same age of marriage for men and women has been filed by BJP leader Ashwini Kumar Upadhyay, who is also a lawyer. Upadhyay has contended that limit of 18 years for a woman to get married amounts to “blatant discrimination” when men in India are permitted to wed at the age of 21. He has claimed that the difference in the minimum age of marriage for men and women was based on patriarchal stereotypes and has no scientific backing. The petition further claims that the difference in marriage age violates the principles of gender equality, gender justice and dignity of women. “The petition challenges a blatant, ongoing form of discrimination against women. That is the discriminatory minimum age limit for marriage for men and women in India. “While men in India are permitted to get married only at the age of 21 years, women are allowed to get married when they are 18. This distinction is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against global trends,” it has contended.

INDIA – Army Briefing Panel On Pak-Sponsored Violence In Kashmir During Visit Of EU Delegation

A 27-member group of European Parliamentarians visited Srinagar on Tuesday to assess the situation on the ground in Kashmir after the government granted permission for an “unofficial” visit. The EU Parliamentary Delegation, consisting of Members of Parliament from the United Kingdom, Poland, France, and other nations, met with local representatives in the Kashmir Valley in order to gain a first-hand understanding of the situation there. This is the first international delegation to be allowed to visit Kashmir after the government had abolished Article 370 in August.

INDIA – Bengaluru Family Bullied on the Internet For Not Standing For The National Anthem

A video of a family feeling the wrath of people in a movie theater for not standing up during the national anthem is going viral online. The video shows a group of people including two Kannada actors BV Aishwarya and Arun Gowda, harassing the family and calling them “Pakistani terrorists” for not being able to stand while the national anthem was playing in the Bengaluru’s movie theater. Who the hell are these goons to intimidate and threaten those who do not follow their dictates of nationalism? Greetings to those few people who were standing in front of an idiot goons.pic.twitter.com/75BmveJHez.  After the video went viral online, the social media responded to the whole situation with different opinions, leaving Twitter divided. ‘ National Anthem ‘ has been on the micro-blogging site since the incident came online.

USA – As California’s Tough Child Sex Abuse Bill Becomes Law, Michael Jackson’s Estate Could Face Serious Damages

Recently, The Blast uncovered documents filed in an appeal court that indicated that California Assembly Bill 218 could be used against late Michael Jackson and his estate. California Governor Gavin Newsom signed the bill into law just a few weeks ago. Earlier, Wade Robson accused Michael Jackson of long-standing sexual abuse in a controversial documentary Leaving Neverland. Taking effect on New Year’s Day in 2020, Assembly Bill 218 increases the time that child sexual assault victims have to file claims against their alleged perpetrators. They can now sue until their 40th birthday or within five years of discovering that they were in some way psychologically scarred by the abuse.

INDIA – Competition Commission Orders Investigation Against Make My Trip-GoIbibo, Oyo For Alleged Unfair Business Practices

The Competition Commission has ordered an investigation into online travel agencies Make My Trip-Gobibo and Hospitality Service Provider Oyo for alleged unfair business practices. Following a complaint from the (FRHAI) Federation of Hotel & Restaurant Associations of India , the regulator looked at various aspects of their operations and found that there were “prima-facie” infringements of competition law. In this case, the Competition Commission of India (CCI) examined the allegations based on two different markets. In the case of Make My Trip-Gobibo (MMT-Go), it is the ‘ Internet intermediation services market for hotel bookings in India ‘ and the ‘ OYO franchise services market for budget hotels in India. ‘ In the 26-page order, the Fair Trade Regulator stated that there was a prima facie case against MMT-Go and OYO for alleged infringement of the provisions of Section 3(4) of the Competition Act. This section relates to anti-competitive agreements.

INDIA – With About One Million Tweets Vanishing, Twitter Accused Of ‘ Censoring Kashmir ‘

Twitter was accused of bowing to the censorship demands of the Government of India, following the removal of tweets and the closure of Kashmir accounts. The (CPJ) Committee to Protect Journalists said, its study showed that the Indian Government was undermining ‘ press freedom and the free flow of information ‘ in the region by enlisting Twitter for censorship. It is also claimed that Twitter has blocked more accounts in Kashmir than in any other country combined. It comes after Kashmir entered its 85th day of lockdown, after the Indian Government had imposed a curfew, shut down telephone and internet services, shut down schools, and limited public gatherings.

AFRICA – LGBTQ+ Protections Have Improved Across Africa. But It Is A Thorny Method

Of the 54 countries in Africa, 34 maintain laws that criminalize homosexuality. That number includes the greatest nation, Nigeria – where anti-gay laws justify violence and intimidation, and where people are quick to dismiss any support for LGBTQ rights. All changed when the Act was signed, creating an atmosphere in which discrimination and abuse against queer people are not only tolerated but promoted, whether due process is followed or not. On 5 February 2014, just weeks after the passage of the SSMPA, the United Nations Special Rapporteur on Human Rights Defenders in Africa reported a “rise in cases of physical violence, assault, arbitrary detention and persecution of human rights defenders working on sexual minorities.” Nigeria offers just one example of how anti-gay legislation has been implemented on the continent. Recently, in Kenya, the High Court reaffirmed sections of the law that criminalize the constitutional nature of homosexuality.

INDIA – President Kovind Signs Warrant As Justice SA Bobde Is Appointed The Next Chief Justice Of India

President Ram Nath Kovind yesterday signed a warrant nominating the next Chief Justice of India, Justice Sharad Arvind Bobde. On November 18, Justice Bobde will take oath as the 47th CJI of India. Chief Justice of India Ranjan Gogoi recommended the name of Justice Bobde, the next senior highest judge in the Supreme Court, as his successor to the convention. Gogoi, India’s 46th Chief Justice, will retire on November 17. Gogoi served as Chief Justice of India for about 13 months. Born in Nagpur, 63-year-old Bobde comes from a family of eminent jurists. His father, Arvind Bobde, was a former advocate-general for Maharashtra. His father and his brothers were also lawyers, and his brother is practicing in the Supreme Court.

INDIA – India’s Income Taxes May Be Cut, But What Reforms Are There To Follow?

According to the latest leaked internal assessment of revenue projections for the FY’20, the Modi government is likely to fall at least Rs 2 trillion short of its fiscal budget target. This was reportedly part of a correspondence between the Ministry of Finance and the 15th Finance Commission, after which the latter demanded a revised review of its fiscal earnings, given that a prolonged economic slowdown could have an impact on the fiscal landscape. India’s gross tax-to-GDP ratio has already fallen to 10.9% in fiscal year 19, with both indirect and direct tax revenues falling by a significant margin last year. In this way, a conscious strategy to develop a robust, optimal tax structure in India, the conceptualization of a progressive tax mechanism for higher wealth and consumption classes in the medium to long term, and measures to widen the personal income tax margin by restructuring the tax base (and exemption limits) can go a long way towards ensuring fiscal buoyancy and towards fiscal consolidation.

INDIA – Delhi HC Sought A Response From The Center Over Denial Of Indian Passport To Minor Girl After Father Gets British Citizenship

The Delhi High Court sought the Center’s response to a minor girl’s plea for an Indian passport denied to her by the government as her father had obtained British citizenship. Chief Justice D N Patel and Justice C Hari Shankar issued notices to the Ministries of Home Affairs, External Affairs and Law seeking their response to a plea in law challenging the Government’s decision of 20 February to refuse to renew its Indian passport, which expired in 2017. The petition also questions section 8(2) of the Citizenship Act on the basis of which the government had held that she was no longer an Indian citizen.

INDIA – Redevelopment Row: Bombay High Court Places The Original Members Of The Society Ahead Of The Free Sale Of Flat Buyers

The housing society, which terminated its construction arrangement with the developer over time and then took over reconstruction by court orders, can not be held liable under RERA as a ‘ promoter ‘ to buyers who had booked free sale apartments, said Bombay High Court. This held that the corporation and its employees ‘ right to rehabilitate had priority over free-sale flat purchasers. Justice S C Gupte quashed the City Court’s order to pave the way for the construction of a 17-story building for renovation after they had vacated their homes in the Goregaon tower for renovation. The leaders, noted by Justice S C Gupte, have been waiting for 12 years, caught up in a legal battle over delays, conflicts, and disputes. Goregaon Pearl Cooperative Housing Corporation was in the loggerheads of the free-sale flat buyers who had booked apartments from the owner.

 

 

 

 

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here