Legal News Shots- Best National And International Picks of The Day
Legal News Shots- Best National And International Picks of The Day

INDIA – SC / ST Quota For Promotions: Karnataka Law Endorsed By Supreme Court

The Supreme Court emphasized that the quota for Scheduled Castes and Scheduled Tribes is “not at odds with the meritocracy principle” and “real fulfilment of effective and substantive equality by taking into account the structural conditions under which people are born.” Underlining that quota in a landmark ruling on Friday 10 May 2019, for Scheduled Castes and Scheduled Tribes, the Supreme Court upheld the constitutional validity of a 2018 Karnataka law granting consequential seniority to government servants promoted based on reservation.

 

INDIA – Members of the Civil Society call for ‘All VVPAT Slips’ count for ‘Fullest Transparency.’

Civil society members have issued a statement calling for all VVPAT slips to be counted for the 2019 Lok Sabha elections. The members argued that all ballots should be counted “to eliminate the doubts raised about machine manipulation and malfunction.” Furthermore, the members also suggested that in the future, to “strengthen transparency and voter confidence,” “the VVPAT slip should be generated and received by the voter who will themselves drop the slip in the ballot box” as “the final vote casting act.”

 

POLAND – The Polish Nationalists Of The Holocaust Protest Against The Claims of the U.S.

The U.S. marched to thousands of Polish nationalists. Embassy in Warsaw Saturday, May 11, 2019, protesting that the U.S. is putting pressure on Poland to compensate Jews who lost property to their families during the Holocaust. The protest took place amid a dramatic rise in anti-Semitic hate speech in Poland’s public life, and in recent times it seemed to be one of the most massive anti-Jewish street demonstrations. It also comes as far-right groups gain popularity, pushing the conservative government to move on to the right.

 

INDIA – IMA Is Calling For Publicity In Anti-Assault Law

On Saturday, May 12, 2019, the Indian Medical Association (IMA) urged Dispur to launch an awareness drive on the 2011 Assam Medicare Service Persons & Institutions Prevention of Violence and Property Damage Act. After the death of a woman working in the tea estate on May 6, the appeal follows an assault on a senior Dikom tea estate doctor, Dibrugarh, and aims to prevent a repeat. In a letter to the Chief Minister, IMA National President requested intense action against the perpetrators and steps to implement the act to avoid an assault on doctors and their Assam establishments. Members of Assam’s association also staged a state-wide protest against the incident as 17 people have been arrested for the assault on P.C. medical officer. Thakur, pharmacist and garden employee Bankim Phukan.

 

INDIA – Government Authorities Are Unable To Approach The Court As They Please: SC Pulls Up Bihar Govt. Over Delay

Reports state that a clear signal must be sent to the government authorities that they cannot approach the Court as and when they please, because of their officers’ gross incompetence and without taking any action against the officers concerned. Government working lethargy is not a pretext to condone the delay, the Supreme Court said while imposing Rs. 20,000 on the government of Bihar for its extraordinary delay in filing a petition for special leave. No detail of this 728 days delay was given as if the State Government had an inherent right to seek forgiveness of delay. The law of limitation does not seem to apply to the state government according to its conduct.

 

USA – Bill Proposed Eliminating The Requirement For Concealment Of Carriage Permits In PA

A state legislator is proposing a bill that will change the requirements for carrying licenses in Pennsylvania conceal. If passed, the ‘ Constitutional Carry ‘ law, introduced by state representative Aaron Bernstine, will allow gun owners who have already completed a criminal background check to hide and carry without permission. Currently, open carrying a gun in Pennsylvania state is legal as long as you had a background check at the time of purchase. Presently, open carrying a firearm in Pennsylvania state is permitted as long as you had a background check at the time of purchase.

 

INDIA – No Right To Assistance From Lawyers In Internal Proceedings: SC

The Supreme Court (SC) ruled in a critical judgment that the right to be represented by a lawyer does not extend to internal proceedings. The SC ruling on Wednesday, May 8, 2019, came to a case concerning an individual facing a bank’s in-house proceedings to declare him a wilful defaulter; an offence involving severe civil and criminal consequences, which includes denial of the fundamental right to conduct legal business. A bank’s in-house proceedings to declare a person willing to default involves presenting evidence and its appreciation, summoning borrowers and promoters, and recording submissions before an order is issued.

 

INDIA – Mumbai Lawyer Shrikant Doijode Died; Bar Mourns The Loss Of A Trusted Professional

On Saturday, May 12, 2019, a hall packed with lawyers and some high court judges from Bombay offered a final adieu to city lawyer Shrikant Doijode who passed on May 9 after a brief brave cancer struggle. Doijode, whose law firm Doijode Associates had a litany of big names among industrialists as clients, was humble and trustworthy, immensely skilled and just as courteous in his litigation craft. As a reputed fellow solicitor said, the large turnout for a prayer meeting with his wife Sangita at KC Law College testified to high respect, the bar, the bench and litigants had for the “thorough professional.”

USA – PA Supreme Court: A Single-Family House Zoned, Cannot Be A Leasing Business

On April 26, the Supreme Court of Pennsylvania decided without disagreement that short-term rentals in zoned areas for “single housekeeping units” are not consistent with the legal precedent and government policy of Pennsylvania. The ruling was expected to affect the state’s popular online rentals of single-family homes through firms like Home Away and Air BnB.

 

INDIA – Finally, The Akola Court Disposes Of The Civil Lawsuit Filed 67 Years Ago

Three months after TOI published a report on one of India’s oldest court cases pending for more than 67 years, it was finally disposed of by the Akola court on April 8. For 66 years, three months and 12 days since its filing in 1952, the case moved from trial to appeal to high courts and returned with directives to Taluka (TILR) and Land Registry District Inspector (DILR) to measure the land according to the original records of November 2, 1934. “The civil court found that the plaintiff purchased the plot without physically locating it. The plaintiff is therefore not entitled to possession relief,” ruled Mohini Nanaware, fifth joint civil judge.

 

INDIA – Delhi High Court Notifies The Government Of The Refusal To Admit To Government Schools On A Mass Scale

On Friday, May 10, 2019, the Delhi High Court issued a notice to the government of Delhi regarding a petition highlighting the mass denial of admission to students in Delhi government schools. The petition filed by lawyer Ashok Agarwal also challenged the validity of four circulars — dated September 19, which had set the upper age limit, August 27, 2018, which had denied admission to students who had failed twice, February 27, 2019 and March 29, 2013, who had requested proof of residence during the admission process — of the Education Directorate (DoE). While posting the matter for hearing on July 8, the division bench sought a response from the Delhi government on the circulars’ validity.

 

INDIA – Delhi High Court reverses the AAR ruling and says that Hindi vocabulary books are exempt from GST

In its decision on a petition submitted by Sonka Publication, a two-judge Bench of Justice S Muralidhar and Justice Rekha Palli said that Hindi vocabulary books Sulekh Sarita (Parts I to V) fall under the category of printed books and are, therefore “fully exempt from GST”. Sonka had previously approached the Advance Rulings Authority (AAR), which ruled that printed workbooks were exercise books, attracting 12% of GST. This order was set aside by the court ruling.

 

USA – Georgia’s State Law On Abortion Encourages Hollywood Boycott Call

New abortion law in Georgia’s U.S. state has fuelled calls from actors and production companies for a Hollywood boycott. In March, actors signed an open letter pledging not to work should pass the law-which prohibits most abortions as early as six weeks into pregnancy. Georgia is the latest state to enact laws that restrict abortion.

 

INDIA – Do not appoint members of the GST Appellate Tribunal without prior notice: Delhi HC

The Delhi High Court (HC) ordered the Central Government not to proceed with the appointment of members to the Appellate Tribunal for Goods and Services Tax until the next date without prior intimation. The order was passed by the Bench of Justices S Muralidhar and IS Mehta in petitions concerning the establishment of the New Delhi National Tax Appellate Bench of Goods and Services (GSTAT).On July 26, the case would be heard next.

 

INDIA – Maintain women’s safety initiatives, Bombay HC tells the railways

The High Court (HC) in Bombay has called on the central and western railways to ensure women’s safety initiatives are on track. The direction comes as a result of hearing suo-moto public interest litigation (PIL), which was taken up in 2011 by the high court following a media report about a woman being molested on a suburban train. A mobile application called eye-watch women was launched by the railway. The advocate said railway staff were sensitized on issues of gender. The state had appointed a committee to examine the safety issues facing women.

 

DUBAI – Dh5,000 Fine, In UAE Prisons For Begging

Authorities maintain a firm stance against begging and urge residents not to fall for scams that take advantage of the kind nature of people, especially during the Ramadan month. Federal Law No. 9 of 2018 provides that those found guilty of begging will be penalized with a fine of Dh5,000 and a three-month prison term. The law also states that those running organized, mafia-like beggar criminal groups will face a fine of no less than Dh100,000 and not less than six months in prison.

 

INDIA – Integrity Is Necessary If You Want To Join The Police: Madras High Court

The High Court of Madras has reiterated that a disciplined force is the police force. It depicted the impeccable integrity of a person who wants to become a member of the force. As per national daily reports, the judges mentioned that there was complete inhibition of the involvement of the criminal case both at the time of the application and at the time of the verification. They added that this court is not prone to show any indulgence and the cases in which the candidate involved in a criminal case deserves to be accurately dismissed.

 

INDIA – HC addressing ‘ gangrape victim ‘ concerns

The Punjab and Haryana High Court has done on the administrative side what it found itself unable to do on the judicial side. It has assured the Bathinda “gangrape victim” that the concerns raised by her on the legal team would be addressed on the administrative side.

 

USA – Judge Infringes Kentucky Law Limiting Abortions After 15 weeks

A Kentucky judge has passed a law prohibiting an abortion method commonly used in the second trimester, saying that the measure would create a “sustainable obstacle” to the right of a woman to choose. Joseph McKinley Jr, a U.S. district judge, ruled on Friday 10 May 2019, that the law of the state violated the constitutional right of a woman to privacy. The law judge would require women seeking a second-quarter abortion at and after 15 weeks to “endure a medically unnecessary and invasive procedure that may increase the duration of a standard D&E abortion, otherwise one day.”

 

CANADA – Environmentalists Are Threatening Legal Action If B.C. Habitat of Spotted Owls Not Protected

Conservationists call on Ottawa to do more to protect the spotted owl and threaten legal action against the federal government if it does not take more steps to save one of Canada’s most endangered animals. Environmental advocate group Ecojustice says estimated six-spotted owls are left in Canada’s wild — all in B.C. — And the animals are in danger of being wiped out completely. “Time is running out,” said Ecojustice lawyer Kegan Pepper-Smith in a release.

 

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