Legal News Shots- Quick Shots Of The Day- World's Top Picks
Legal News Shots- Quick Shots Of The Day- World's Top Picks

INDIA – #MenToo: Cops Losses Once Live-In Status, Intersect Rape Law

With live-in relationships no longer taboo (in fact legally recognized) legal luminaries on Monday 14 May 2019, said that when a woman complains of rape if the relationship ends without a promised marriage, the police should first treat her as a civil case of breach of promise. They say it’s time for a discussion on the contradiction between the legal acceptance of live-in relationships (by the Domestic Violence Act) – and as a result of consensual relationships that are not marriages – and the approach of the police to file an FIR on charges of rape against a man charged with fraudulent consent by a woman. Justice (Retd), V M Kanade of the Bombay high court, said “The Supreme Court has recognized live-in relationships. Live-in is a concept derived from the Western world and is no longer as taboo as it was Five (5) decades ago. This shows that the law needs to deviate from the general rule governing rape cases and make an exception for some cases.”

 

INDIA – The Killer Of Priyadarshini Mattoo Is Granted Parole For 3 Weeks To Write Law Examination

Santosh Kumar Singh, who serves life term for the 1996 rape and murder of law student Priyadarshini Mattoo, was granted three-week parole by the Delhi High Court on Tuesday, May 14, 2019, to appear for the LLM (Master of Laws) exam. In 2014, Santosh Singh completed LLM’s first branch and subsequently entered the second branch. The court said Singh’s exams are scheduled to begin on May 24 and he will be released from prison on May 21 after the Delhi government did not oppose his plea.

 

USA – D.C. Judge Amit Mehta Hears The Challenge Of Trump Subpoena

U.S. District Judge Amit Mehta heard arguments Tuesday, May 13, 2019, morning in the president’s legal bid to block Mazars USA from meeting a congressional subpoena. The court case is testing whether to obtain financial records from Trump’s accounting firm from a Democratic-led House Committee.

 

INDIA – Turn the Model Code Of Conduct In India Into Law And Avoid Future EC Bias

In 1960, election officials and political party representatives came together during the assembly elections in Kerala to help frame a short set of DOs and DON’Ts for the elections. The DOs and DON’Ts were about general conduct, meetings, processions, conduct on polling day, conduct in polling booths, observers, regulation of the party in power and guidelines on election manifestos. For all subsequent national elections, they were consecrated as the ‘Model Code of Conduct for Guidance of Political Parties and Candidates’ (MCC). The Election Commission (EC) would prefer to use its discretionary powers to handle MCC violations quickly. It is clear, however, that the EC has overlooked some glaring gaps in the MCC that were exposed in the current elections. Thus, a Member of Parliament for Thiruvananthapuram and former MoS for External Affairs and HRD has stated that “The credibility of the EC is directly linked to the credibility of Indian democracy. As such, getting the rules right is the best way to start. We all agree we need an electoral code of conduct, but it’s time for an improved model.”

 

INDIA – A Liberal Competition Law Aimed At Facilitating Mergers And Acquisitions

India is seeking to introduce a more liberal competition law to facilitate Mergers and Acquisitions (M&As) and revamp the framework of the Limited Liability Partnership (LLP), a senior official in the government said. These changes will be part of the agenda of the corporate affairs ministry for the next government’s first 100 days. A formal mediation and conciliation mechanism under the Insolvency and Bankruptcy Code (IBC) and Know-your-Customer (KYC) standards for professionals like chartered accountants and corporate secretaries are also on the anvil. The official added that under a certain threshold based on self-declaration, the ministry could allow automatic approval of M&As.

 

USA – Pushed out and punished: The Story Of One Woman Shows How the Systems Fails Black Girls

Black girls do not misbehave more, experts say, but for the same behaviour as white peers, they often receive more severe penalties. This is in line with a story published on Tuesday, May 14, 2019, with the support of a Monica Rhor fellowship on “USA Today News.” The publication states that black girls are more likely to be suspended than white girls in each state, according to a National Women’s Law Center report — not because of more exceptional misconduct on their part, but because teachers and administrators have biased perceptions.

 

INDIA – Yesterday, The Supreme Court Heard Mamata’s Morphed Photo Case

On Tuesday, May 14, 2019, the Supreme Court took up a habeas corpus petition from Bengal BJP youth leader Priyanka Sharma’s family who was arrested for sharing a morphed photograph of Chief Minister Mamata Banerjee on Facebook. A judges ‘ bench Indira Banerjee and Sanjiv Khanna agreed to hear the plea for habeas corpus as a matter of urgency after senior lawyer Neeraj Kishan Kaul urged the court to take up the case on a priority basis as it involved fundamental rights to life and freedom. Priyanka was targeted by the state government for political reasons, according to the lawyer. She had just shared a morphed image on her Facebook page that was already viral on social media. The chief minister’s morphed facial photo was superimposed on Bollywood actress Priyanka Chopra’s picture.

 

INDIA – Supreme Court Clears 4 Names for High Court Chief Justices

The Collegium of the Supreme Court cleared the names of four judges for appointment as chief judges of the Delhi, Madhya Pradesh, Telangana, and Himachal Pradesh High Courts. The Collegium also recommended the appointment of lawyers Vishal Dhagat, Vishal Mishra, as judges of the high court of Madhya Pradesh.

 

CANADA – Sask. Domestic Or Sexual Violence Victims To Be Paid For Five Days Leave

Government of Saskatchewan has amended a law allowing survivors of domestic or sexual violence to leave work for five paid days of leave and five days of unpaid leave. The new rules also require employees to have worked for at least 13 weeks and allow employers to request proof of received services.

 

INDIA – Kamal Haasan’s Godse Remark Against Misuse Of Religion Mentioned In The Delhi High Court In PIL

Ashwini Kumar Upadhyay, leader of the Bharatiya Janata Party on Tuesday, May 14, 2019, mentioned the statement by actor-turned-politician Kamal Haasan about Nathuram Godse in a Delhi High Court plea for public interest litigation, PTI reported. Haasan called the first terrorist of India’s independent assassin Mahatma Gandhi and pointed out he was a Hindu. Upadhyay lodged a complaint with the poll panel against Haasan and asked him to ban him from campaigning for five days. Also, mentioned before a bench of Chief Justice Rajendra Menon’s and Justice AJ Bhambhani, he said candidates who misuse religion should be barred from elections and parties who are guilty of it should have their registration cancelled.

 

INDIA – Differently Abled Girl Filed A Complaint Against The School In Delhi High Court

A 13-year-old girl with different capabilities approached the Delhi High Court on Monday, May 13, 2019, through her father Manpreet Singh Kapoor, alleging that two years after her admission in 2011, the management ignored her unique needs and harassed her “physically and mentally,” despite requests. The issue came before Justice C Hari Shankar, issued a notice through the Education Directorate to the school concerned, the Delhi government, and the disability commissioner. In four weeks, the court sought their stand and listed the matter on July 18 for further hearing.

 

UNITED KINGDOM – Registration By UK Lawyers In Doubt Following A Letter From The Law Society

The Law Society has thrown into confusion steps taken by more than 2,700 English and Welsh lawyers to ensure that they can continue to practice in the EU after Brexit. According to one Irish-registered solicitor based in Europe, the company’s letter appears to have been prompted by concerns about the regulatory responsibilities it will now have on its rolls over the thousands of English and Welsh solicitors. It is now hoped that through negotiation the difficulty can be resolved.

 

INDIA – Delhi HC Issues Notice Of Appeal For The Establishment Of The Delhi State Commission On Human Rights

Delhi High Court (HC) bench led by Chief Justice Rajendra Menon on Tuesday 14 May 2019, issued a notice to Delhi Government on a plea seeking instructions to set up the office of the Delhi State Commission on Human Rights (DSHRC) according to section 21(1) of the 1993 Human Rights Act. Starting from the fact that the law does not bind the government and thus even after so many years, the authorities have made no effort to establish DSHRC; furthermore, there is no other competent body to investigate human rights violations related to the State or the Concurrent List.

 

INDIA – Bombay High Court Asks The Government Of Maharashtra For Steps To Address Drought

The Bombay High Court sought to know from the government of Maharashtra what measures it is proposing to address “serious” issues such as the state drought. This is due to hearing a petition from activist Sanjay Lakhe Patil, seeking to set up independent disaster management committees in each state district as records before the court shows that in the Vidarbha and Marathwada regions of the state, water levels in dams and other resources had fallen. “The issue is serious. We want some state government lawyer to tell us what action the government is proposing to take (to address the issue),” said the court. On May 20, the bench posted the petition for further hearing.

 

AUSTRALIA – Under New Australian Law, Cats May Be Prohibited From Going Outside

Cats could be banned from going outdoors to tackle the number of strays in Western Australia for certain hours under laws. This action is due to the increase in stray animal complaints. Proposed amendments to the 2011 Cat Act could see felines being forced to permanently stay indoors or given curfews that would limit them from going outdoors between sunrise and sunset.

 

INDIA – Once The Certificate Of Occupation Is Received, The Developer Has No Reason To Delay The Conveyance In Favor Of Flat Buyers, Says Bombay HC 

In a significant decision that could pave the way for many homebuyers waiting for conveyance, the Bombay High Court held that once the developer received full occupation certificate, there was no justifiable cause for it not to issue any conveyance deeds in favour of flat buyers. The order was passed by a bench of Justice Indrajit Mahanty and Justice A M Badar, as reported Tuesday, May 14, 2019.

 

INDIA – Bombay HC Says, Paper Leaks Remove Meritorious Students’ Labour Fruits

The Bombay High Court observed that mass copying incidents and paper leaks are a “curse to the system,” and they take away meritorious students ‘ labour fruits. The High Court Bench of Justice S V Gangapurwala and Justice A M Dhavale suggested measures to prevent leaks after hearing the petitions. It said the department’s highest authorities should ask paper setters just an hour before the exam to set the paper. It also suggested a ban on the use of electronic devices and the use of CCTV cameras and mobile jammers in examination centres.

 

DUBAI – Wage Requirement For Family Sponsors In The UAE

Note that the UAE Cabinet recently approved that expatriates only have to meet salary requirements to sponsor their immediate family in the UAE, and henceforth the Directorate-General for Residency and Foreign Affairs will consider the salaries of the sponsor rather than appointment. The wage requirement for men is currently Dh4,000 or Dh3,000 plus women’s housing to sponsor their immediate family and Dh10,000.

 

INDIA – Bombay HC: Housing Society Can Be Considered For Deemed Conveyance If The Builder Says No

The Bombay High Court (HC) recently held an order that could set a precedent for new housing societies across the state. The states that “A housing society can apply for deemed Conveyance if the developer fails to do so within a specified period. Note that Conveyance is the right of ownership of the building and the plot on which the building is constructed while Deemed Conveyance is the one obtained through the competent authority if the developer does not give it.

 

IRAN – Iran Takes Steps To Abolish The Citizenship Discriminatory Law

The country has taken a significant step to overthrow the policy after a lengthy effort, under which only Iranian men can pass their nationality on to spouses or children. On Sunday 12 May 2019, the country’s overwhelming parliament approved a bill that would abolish the existing law, leaving it to the Guardians Council, the powerful clerical body to officially pass all proposed legislation. Human rights groups welcomed the move as a step towards equality between women in Iran, Where enforced Islamic laws deny equal rights to women as regards divorce, child custody, and inheritance.

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