India: Can FIRs Be Lodged Online, Government Asks Law Commission

The Indian Home Ministry has asked the Law Commission whether FIRs can be filed online. “Can people be allowed to lodge a first information report (FIR) online or an e-FIR from the confines of their homes,” the home ministry asked the Law Commission. Registration of FIR is mandatory under Section 154 of the CrPC if the information discloses commission of a cognizable offense and no preliminary inquiry is permissible in such a situation, according to a November 2013 Supreme Court order.

India: Mallya To Appear Before Special Court On Monday Under New Fugitive Laws

The beleaguered business tycoon, Vijay Mallya, is set to appear before a special Court on Monday. This is part of the first action initiated against an absconding accused under the newly enacted fugitive economic offenders law. According to official sources, it is certain that Mallya may not appear in person as he is contesting an Indian extradition case in London. It is expected that his authorized legal representative may submit a reply to the court of special PMLA judge M S Azmi as part of his official response to the notice.

India: What a Petition On Citizenship Law Could Mean To Assam NRC Update

A petition pending before the Supreme Court, and expected to come up before a five-judge Bench, could potentially affect the way the National Register of Citizens (NRC) is being updated in Assam. The petition was filed in 2012 by a group of organizations in Assam. They challenged Section 6A, inserted in the Citizenship Act in 1986 and applicable only to Assam. This is relevant to the NRC update because it is being carried out in accordance with Section 6A.

India: Old Laws Are Coming Back Due To Lynchings And WhatsApp Forwards

Old laws are coming back to the Indian legal system due to lynchings and WhatsApp forwards. Almost a century ago, in 1927, the Indian Penal Code was amended to include section 295-A, a law that made it a criminal offense to deliberately and maliciously outrage religious feelings in British India. How the govt chooses to deal with cases under Section 295A, and other laws curbing free speech, speaks volumes of its own electoral calculations.

India: Punjab Sacrilege Law: A Brief History Of India’s Laws Against Hurting Religious Sentiments

Politics around religion has been driving laws against ‘hurting of sentiments’ in both India and Pakistan for over a century now. In the two centuries of its existence, modern constitutional government has been inextricably bound up with identity. In Europe, the identity is often linguistic. The Age of Revolution that transitioned the continent from feudal monarchies to modern states, was driven by language groups such as Italians, Germans, Hungarians. In India, however, it is religious identity that plays the central role in its democracy, with communal demands constantly driving politics. On August 21, Punjab cleared a bill making desecration of religious texts a crime punishable with life imprisonment.

India: You Need To Practice “Cause Lawyering,” CJI Justice Dipak Misra Tells Law Students

Chief Justice of India (CJI), Justice Dipak Misra, on Sunday adviced law students to engage in the practice of “Cause Lawyering” and develop the idea of serviceability to the law by taking up ‘pro bono’ cases at a low income to protect human rights. Cause lawyering is described as a practice of “lawyering for the good” or using the law to empower members of the weaker layers of society. Justice Misra was delivering the first Madhusudan Das Memorial Lecture at his alma mater at the Madhusudan Law College on the topic Role of Lawyers in the Dispensation of Justice Delivery System.

India: High Court Orders Delhi University To Release Results Of Students With Short Of Attendance

A High Court sitting in Delhi has ordered the Delhi University to release the results of law students who were allowed to sit for their semester exams on court orders despite the shortage of attendance. The result would be declared within three days, but this would only be applicable for those students who had approached the court. Earlier, the law faculty refused to release the results of over 500 students on the grounds of low attendance.

India: You Cannot Recover House Repair Cost, High Court Tells Flat Owners

A Bombay High Court has told owners that they cannot recover the cost of repairs to their flat from the society. Justice Ramesh Dhanuka struck down a 16-year-old order passed by the secretary, cooperating department of the state and the deputy registrar, cooperative societies directing Maitri Park housing society in Chembur to reimburse repair costs incurred by a member. The society had claimed that it was not liable to reimburse the costs of repairs to the terrace and the flat.

UAE: Building’s Owner Is Responsible For Its Maintenance

Building owners in Dubai are currently shying away from their responsibilities of maintaining their properties. It is the responsibility of the owner of the building to maintain the premises including common areas and other amenities in the property. This is in accordance with Law No. 26 of 2007, regulating the relationship between the landlords and tenants in the emirate of Dubai (the ‘Dubai Rental Law’), which states, “Landlord shall, during validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises, unless the two agree otherwise”. The law advises that if the owner of the building does not maintain the building, tenants may approach the Dubai Rental Dispute Centre in Dubai and file a complaint against the owner of the building.

Canada: Conservatives Vote To End Policy That Allows ‘Birth Tourism’ In Canada

Conservatives on Saturday voted at the party’s convention in Halifax to end a birthright citizenship policy that gives citizenship to babies born in Canada even if their parents aren’t Canadian citizens. British Columbia MP, Alice Wong, spoke in favor of the motion at the convention, saying that Canada should “fight for our own babies” to a crowd of 3,000 in Halifax. Wong asserted that “passport babies” take away resources from Canada’s system.

Canada: ‘Wild West Of The Internet’: Seven-Year Online Defamation Battle Ends With $1.1 Million Award

A seven-year court battle between a Vancouver businessman and an American CEO reached its end this month, as the Supreme Court of Canada declined to hear an appeal on the case involving one of the largest defamation awards in Canadian history. The plaintiff, Vancouver’s Altaf Nazerali, said this week that the latest development “puts a definitive end to my legal ordeal.” The $1.1 million award is one of the largest in Canadian legal history, and illustrates the court’s attitude toward libel in the “Wild West of the internet,” the plaintiff’s lawyer said.

UK: Tougher Insolvency Laws Underway, Government Declares

The UK Government has declared that Companies who dissolve their firms to avoid paying off staff or meeting pension commitments will risk being hit with fines, under new government plans. This was made known to members of the public after recent high-profile collapses devastated workers and pension schemes. The Insolvency Service could also make companies prove they can afford to pay salaries and pension payments if they are also paying dividends to investors.

US: A Cult, New Zealand Honey, Is Causing Legal Problems In The U.S.

There’s been an unexpected wave of food crime in the first half of 2018. In mid-August, $98,000 worth of ramen noodles were stolen from a tractor-trailer in Georgia. In Chile, a long drought and surging avocado demand have resulted in organized armed groups assaulting producers in broad daylight. According to State media, in order to address rising theft, the country has appointed “guac cops” as well as its first avocado-focused prosecutor. Theft of the fruit is likewise a problem in New Zealand, which has led to the installation of alarm systems in orchards.