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

INDIA – Why Is A Top Medical Body Calling for Law-Banning Sex Testing To Be Repealed And Is This A Good Idea?

Twenty-four years after the law banning prenatal sex determination was enacted, Indian Medical Association (IMA), the country’s largest body of doctors, sought to repeal it. While challenging the effectiveness of the Act, IMA president and TMC MP Shantanu Sen described it as a “black law” that “miserably failed to achieve its goals in the 24 years of its dubious existence” and was a tool that led to endless “harassment” of obstetricians and radiologists.

 

INDIA – Two Lawyers Removed From Office By TN Bar For Serious Misconduct And Allegations Against a Judge

Reportedly, two lawyers and blood brothers R Chinthathirai Arockiam Selvi and Esthov Antony Ashok are liable for serious misconduct. That warrants a severe punishment in the eyes of the Bar and have therefore been removed from their roles by the Bar Council of Tamil Nadu and Puducherry and have consequently dismissed from the practice of law in any court or tribunal or quasi-judicial tribunal in the territory.

 

INDIA – Delhi High Court Revokes 5 Orders Against ED Confiscation Of Assets

Five orders were set aside by the Delhi high court that prevented the Enforcement Directorate from attaching the assets of those suspected of infringing the Prevention of Money Laundering Act (PMLA) in response to a central probe agency plea. The appeal tribunal of PMLA passed the orders after four banks – State Bank of India, Axis Bank, IDBI and Punjab National Bank – complained that the ED had attached properties to which the banks had links, compromising their ability to sell the assets and recover loans granted to the suspected criminals. The HC judgment specified that if banks ‘ claims were found to be bona fide or genuine and predate the period when the crime came to light, they would have the right to recover their money from the assets seized by the probing agency.

 

INDIA – Delhi High Court Waives The Period of Cooling Off for Divorce As A Woman Will Soon Remarry

The Delhi High Court has come to the aid of a woman who is about to remarry by waiving her alienated husband’s cooling off period of six (6) months for divorce as there seems to be no likelihood of reconciliation. The high court granted the woman’s request to waive the six-month statutory period under Section 13B (2) of the Hindu Marriage Act, 1955. There was a settlement to dissolve the marriage by mutual consent, and it was agreed that the man would pay the woman Rs 3.5 lakh.

 

INDIA – Delhi High Court Asks The Traffic Police About Curbing the Use of Pressure Horns

Delhi High Court asked Traffic Police what steps it is taking to stop the use of pressure horns. So why not remove them from the vehicle but only issue challans despite having the power to do so? A bench headed by Chief Justice Rajendra Menon and Justice A J Bhambhani said that “we are not satisfied with it” because it was only issuing challans and not ensuring that the illegal devices were removed from the vehicles. The court ordered the Delhi Police HQ’s ACP (Traffic) to show “how and how” to implement the directions given in the 2007 judgment and to list the case for further hearing on July 24. The ACP (Traffic) also presents an updated status report on the action taken per the law against persons using such devices.

 

INDIA – Caste-Based Recruitment For The Body Guards Of The President is a ‘sensitive issue,’ Center Tells HC

On Wednesday, May 8, 2019, the Delhi High Court (HC) Bench of Justices Vipin Sanghi and Rekha Palli made keen observations against the Center’s defence of caste-based recruitment to the Body Guards (PBG) of President. Only men from three castes – Jat Sikhs, Jats and Rajputs – can apply for recruitment as PBGs and enlistment are denied to men belonging to other castes. The Centre described this as a “sensitive issue” and told the bench that the high court had dismissed a similar challenge to the recruitment earlier. The hearing in the case will be listed again on December 06 2019.

 

INDIA – Bombay HC Justice Bhushan Gavai Recommended To Be Elevated As SC Judge

It was recommended that Bombay High Court Justice Bhushan Gavai and Himachal Pradesh Chief Justice Surya Kant be appointed Supreme Court Judges. The SC Collegium comprising India’s Chief Justice Ranjan Gogoi and Justices Sharad Bobde, N V Ramana, Arun Mishra, and Rohinton Nariman, in their recommendation dated Wednesday, May 8, 2019, would fill 50% of the existing SC vacancies. The SC has 31 Judges sanctioned and currently operates with 27 Judges, leaving four clear jobs.

 

INDIA – Bombay High Court Restores Natural Justice In The Process Of Tax Appeals

The Central Board of Direct Taxes released its Central Action Plan 2018-19 in July 2018, announcing a plan to encourage the Income Tax Commissioner (Appeals) to accelerate the disposal of appeals. After that, a prominent tax bar body, the ‘ Chamber of Tax Consultants, ‘ appealed to the Bombay High Court against the CBDT plan. Last fortnight, the High Court quashed the portion of the action plan that would severely prejudice a taxpayer’s constitutional rights.

 

INDIA – The Supreme Court Seeks A Response From Senior Lawyer On Receipt Of Foreign Funds As an ASG

On Wednesday 08 May 2019, the Supreme Court sought a response from the Center to a PIL seeking an SIT probe on alleged receipt of foreign funds by senior advocate Indira Jaising during the UPA regime from 2009 to 2014 when she held the “sensitive post of additional solicitor general.” Responding to developments in court, in a release signed by Jaising, NGO Lawyers ‘ Collective said the petition was intended to victimize her for taking up the case of a dismissed SC woman employee who has levelled allegations of sexual harassment against the CJI.

 

INDIA – ‘Lawyers Long-Waiting In Court ‘ Is Forced Labor’

A PIL filed by a practitioner complained to the high court in Gujarat that lawyers have to wait long hours in court because of improper case management and this compulsion is nothing but “forced labor.” The petitioner has sought to properly implement case management so that lawyers do not have to wait for long hours in court. He argued that the government had mandated such a system. The matter will be heard after the summer vacation, as the court has stated.

 

INDIA – Gujarat HC Asks Surat Municipal Corporation: What’s happening about airport buildings?

On Wednesday, May 08 2019, the Gujarat High Court sought a response from Surat Municipal Corporation (SMC) on the steps taken by Surat Municipal Corporation to resolve the issue of high-rise buildings adjacent to the airport that pose a threat to safe landing and flight take-off. The division bench of Acting Chief Justice AS Dave and JusticeBiren Vaishnav also directed the municipal corporation to provide details of the course of action it had taken according to the August 2018 high-rise demolition notices service. Now, both AAI and SMC have been instructed by the court to file their response to the matter by June 14.

 

INDIA – Untenable By ‘Rape Survivor’ Punjab and Haryana HC PIL

On Wednesday, May 8, 2019, the high court of Punjab and Haryana dismissed the petition filed by Bathinda’s “rape survivor.” The petitioner alleged that, under the influence of a serving and a retired Punjab and Haryana Haryana high court, the accused was acquitted by the trial court judge in Muktsar court. A division bench made up of Chief Justice Krishna Murari, and Justice Arun Palli dismissed it while observing that it could be maintained.

 

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