Legal News Shots- The Most Important Picks- A Must Read
Legal News Shots- The Most Important Picks- A Must Read

INDIA – New Customs Guidelines To Ensure That Accused Foreigners In India Swiftly Face The Law

The customs department made a significant change to the existing guidelines to ensure that foreigners accused of smuggling do not run away and face fast prosecution in India, said an official on Wednesday, May 29, 2019. The move came as foreign nationals informed the government of the steep rise in cases of gold and foreign currency smuggling. The matter was examined, and it was decided to amend the guidelines on the launch of prosecution issued in 2015. “Furthermore, the prosecution may be launched as soon as possible in cases involving foreign nationals, even before the show cause notice is issued,” the order said.

 

INDIA – Center Fix Spelling Mistakes In Law After 7 Year

On May 22, a corrigendum was issued by both the Legislative Department of the Union Ministry of Law and Justice to correct the errors in the 2011 Constitution Act (Ninety Seventh Amendment). Braj Raj Sharma, the Legislative Department’s secretary, wrote in the corrigenda that the word members” had been mistakenly written twice in the Act as “memebrs” and “stalement” should have been “stalemate.”  The 97th amendment was issued on January 13, 2012, to include cooperative Societies referred to in Article 19(I) (c), which grants citizens the right to form associations and unions. It also included Article 43B in Part IV of the Constitution: The purpose of the amendment was to promote the commercial activities of cooperatives. The 97th amendment added Part IX B of the Constitution on cooperative societies Part IX-A.

 

USA – Independent Congressional Report: Tax Reduction Law Of Trump Has Barely Boosted Growth Or Wages And Does Not Pay For Itself

The tax cut law of Donald Trump – his signing achievement as president – has had little effect on GDP growth or wages and is not paying for itself, an independent think tank of the Congress found. Despite Mr Trump’s repeated claims that the 2017 Tax Cuts and Jobs Act would help workers by providing “rocket fuel” to the US economy, a bipartisan Congressional Research Service report revealed that the law was more beneficial to investors that launched a wave of corporate buybacks. The findings were mostly in line with predictions by lawmakers and ran counter to claims by many Republicans, who said the tax cuts would ultimately pay for themselves and ultimately result in large wage increases.

 

INDIA – SC Accepts To Examine The Law To Arrest People For Avoidance Of GST

On Wednesday, May 29, 2019, the Supreme Court (SC) agreed to examine tax authorities ‘ powers to arrest an individual for evasion of goods and services tax (GST). A vacation bench consisting of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose issued a notice to the Center seeking its reply on a batch of pleas challenging arrest under the Central Goods and Services Tax or CGST Act. The top court said that in granting anticipatory bail to individuals accused of evasion by GST, different high courts had taken different views and therefore, it needs to decide the law on the power of arrest. Before a three-judge bench, the bench listed the batch of petitions to decide the question of law on the power of arrest.

 

INDIA – The Arbitration Tribunal Rejects India’s Plea Against Nissan – Sources, Document

The Permanent Court of Arbitration in Singapore dismissed India’s argument that the tribunal had no Jurisdiction to decide on a case brought by Japanese Nissan Motor against India, according to two individuals and documentation. The Japanese automaker brought the case against India for alleged infringement of the country’s Comprehensive Economic Partnership Agreement (CEPA) with Japan. The CEPA gives Japanese companies investing in India some protection and vice versa. Nissan said in a statement that “the government continues to work to resolve this issue.” Both decide to settle, Nissan, whose share of India’s passenger car market is only about 1 %, has the option of withdrawing its arbitration case against India. ($ 1 = 69,4290 rupees of Indians).

 

UNITED KINGDOM – In Partnership With Leading Law Firms, Queen Mary Lengthens The Legal Placement Program

In collaboration with two leading law firms, Bryan Cave Leighton Paisner (BCLP) and Bindmans LLP, Queen Mary University London are set to launch an extension of its popular business placement program for LLB students. The collaboration with BCLP will provide an opportunity for up to three students to spend an academic year gaining practical experience in one of two market leaders – real estate and finance. Bindmans LLP’s partnership will focus on Human Rights, an area where the organization is a leading authority.

 

INDIA – AILET 2019 Examination: Jagatpura Boy Somaya Singh Tops, Make His City Proud

Saumya Singh, a Jagatpura resident in Jaipur, has scored the highest in the 2019 All India Law Entrance Test (AILET) to make the city proud. His father, RD Gurjar, was a professor at the University of Rajasthan. Saumya attributed his success to his parents and family members’ blessing. In AILET 2019, Saumya secured 93.25% marks, achieving India’s top performance. There are four girls in the top 10 list, reportedly. The second All India Rank was achieved by Mariam from Kerala.

 

INDIA – Lieutenant Governor Kiran Bedi Moves The Supreme Court, According To Which The Rule Of Law Is At Risk In Puducherry 

Lieutenant Governor Kiran Bedi contacted the Supreme Court insinuating administrative chaos in the territory of the Union after the government of V Narayanasamy issued orders not to send files to the L-G for authorization. On Thursday, the apex court will hear the matter. Narayanasamy issued administrative orders, blocking the L-G’s access to service-related files and financial approvals. If they defied the order, he even threatened officers with charges of contempt. In her appeal to the apex court, the L-G said, “The rule of law is at risk; officers are in a dilemma as to whether to implement the high court’s directions or otherwise. It leads to administrative chaos and hence impetus that officers are threatened with a contempt action.

 

CANADA – The Bill For Liberal Guns Passes, Firearm Owners Turn To The Ban Of Assault Rifle

A government bill abolishing contentious Conservative changes to Canada’s firearm law cleared its final hurdle in Parliament on May 28, paving the way for an even stricter gun battle as the October election approached. Bill C-71, strongly opposed by gun lobbies and firearm owners since it was tabled in the House of Commons by Minister of Public Safety Ralph Goodale on March 20 2018, sailed through its final Senate vote with Independent and Liberal Senators in excess of 55-33 Conservatives and a handful of other opponents. The bill covers non-restricted rifles and shotguns primarily, with renewed licensing requirements before the sale or transfer of long guns and mandatory record keeping for gun dealers and retailers.

 

INDIA – Delhi Court Reserves The Right To Order The Plea Of Robert Vadra To Travel Abroad For Medical Reasons

Robert Vadra submitted a medical certificate in court on Wednesday, May 24, 2019, to say he has a tumour in his large intestine and has to travel for treatment to London. Vadra’s lawyer, KTS Tulsi, argued in court that he took part in the investigation on all occasions and returned to India without any summons to him. However, on Robert Vadra’s request to travel abroad, the Delhi court has reserved its order for June 3.

 

INDIA – Marks Of Injury Found On The Body Of Dr. Payal Tadvi, Police Awaiting Post-Mortem Report To Determine Whether Murder Or Suicide

On Wednesday, May 29 2019, the police officer investigating Dr Payal Tadvi’s death case told a special court in Mumbai that the body of the deceased had a few injury marks that needed further investigation. The police said the court that marks were also found in the victim’s private parts. The lawyer of the victim argued that the marks might indicate that the accused murdered or hanged her. To confirm the theory, a post-mortem report was expected, police said. The 26-year-old junior doctor was found dead in her hostel room on May 22 at BYL Nair Hospital in Mumbai. Her body was found hanging, and inside the room was locked.

 

CANADA – Violence in Pakistan after Hindu veterinary doctor accused of blasphemy

The Hindu veterinary doctor, identified as Ramesh Kumar, was arrested Monday after a local cleric filed a police complaint accusing him of committing blasphemy under the country’s strict blasphemy laws. The Hindu veterinary doctor, identified as Ramesh Kumar, was arrested 27 July after a local cleric filed a police complaint accusing him of committing blasphemy under the country’s strict blasphemy laws. Anyone accused of insulting Islam may be sentenced to death under the blasphemy laws of Pakistan.

 

INDIA – Delhi HC Seeks A Response From The Government On The Plea For Welfare Of Lawyers

On Wednesday, May 29, 2019, the Delhi High Court requested that the Center and state governments file a response to a plea seeking steps for advocates for security and welfare measures, including medical insurance. A Chief Justice Division Bench Rajendra Menon and Justice Brijesh Sethi issued the notice and listed the matter on August 7 for hearing. They said in the wake of criminal attacks and malicious lawsuits against lawyers; it is necessary to pass a statutory protection order to advocates from such unlawful activities.

 

INDIA – Relief For Stressed Companies: Supreme Court of India Announces RBI Circular of 12 February 2018 Ultra Vires

On 2 April 2019, in the case of Dharani Sugars and Chemicals Ltd. v. Union of India & Ors., the Supreme Court of India held that the Circular issued by the Reserve Bank of India (“RBI”), entitled “Resolution of Stressed Assets-Revised Framework” of 12 February 2018 (“Circular”) was ultra vires the provisions of the Banking Regulation Act, 1949 (“BR Act”). Consequently, all lenders ‘ actions under the said Circular, including applications under Section 7 of the 2016 Insolvency and Bankruptcy Code (“IBC”), have been declared non-est. The article updated Wednesday 29 May 2019, by Dhaval Vussonji & Associates highlighted the Challenges posed to the said Circular, Findings of the Court and Comments and Observations.

 

CANADA – The Bill For Liberal Guns Passes, Firearm Owners Turn To The Ban Of Assault Rifle

A government bill abolishing contentious Conservative changes to Canada’s firearm law cleared its final hurdle in Parliament on May 28, paving the way for an even stricter gun battle as the October election approached. Bill C-71, strongly opposed by gun lobbies and firearm owners since it was tabled in the House of Commons by Minister of Public Safety Ralph Goodale on March 20 2018, sailed through its final Senate vote with Independent and Liberal Senators in excess of 55-33 Conservatives and a handful of other opponents. The bill covers non-restricted rifles and shotguns primarily, with renewed licensing requirements before the sale or transfer of long guns and mandatory record keeping for gun dealers and retailers.

 

INDIA – Delhi HC Requests Centre’s Reply On The Plea For ‘Two-Child Norm’ As A Measure For Government Offers and Population Control

On Wednesday, May 29, 2019, the Delhi High Court requested that the Center give its position on a petition seeking to establish ‘two-child norm’ as a criterion for government jobs, aids and subsidies to control the rising population of the country. A Chief Justice Bench Rajendra Menon and Justice Brijesh Sethi asked the Center to tell the court what action was taken on the petition’s issue. In his petition, BJP leader Ashwini Kumar Upadhyay also sought the implementation of the National Commission for the Review of the Working of the Constitution (NCRWC) recommendations for population control, headed by Justice Venkatchaliah.

 

INDIA – High Court of Delhi To EDMC, NMCD: Ensure That Employees Are Paid Every Month According To The Service Contract

On May 29, 2019, the Delhi High Court directed the North and East Delhi municipal corporations to ensure that their employees, including doctors and teachers, receive salaries as per their service contracts. The court bench also instructed corporations to file a monthly compliance report indicating salary payment. The order was issued on the request of NGO Social Jurist seeking instructions from the two companies to disburse the March and April salaries to their primary teachers and doctors. The court listed the case for further hearing on July 5.

 

Australia: Australia’s New Law On Encryption Forces Tech Companies To Help With Surveillance

Criticizing the vague and broad dictates of the law, some tech companies that now store data in Australia say that they may soon have one foot out of Australia’s door. The domestic tech industry in the country has been pushing for months and has failed to pass changes that increase oversight, clarify loopholes and narrow the scope of the law. The domestic tech industry in the country has been pushing for months and has failed to pass changes that increase oversight, clarify loopholes and narrow the scope of the law. Newly obtained documents from the Guardian show that Australian law enforcement and intelligence agencies are taking an expansive view of the law and what it can be used to compel businesses to do.

 

INDIA – SC: Mere Membership Of A Banned Organization Does Not Mean Involvement In An Act Of Terrorism

The Supreme Court (SC) dismissed the Maharashtra government’s challenge to the Bombay High Court order granting bail to the alleged Maoist sympathizer Konnath Muralidharan, who has been in custody since May 2015 in Pune’s Yerwada prison. “No case is made to interfere with the High Court’s impugned order,” the court Bench said in a three-line order dismissing the petition for special leave. The Maharashtra Anti Terrorism Squad arrested Muralidharan in May 2015 on the allegation that he was a member of the Communist Party of India (Maoist), an organization banned under the Unlawful Activities Prevention Act (UAPA). According to the HC, inference of membership of organization was not sufficient to presume that the accused had indulged in a terrorist act.

 

INDIA – Man Fined Rs 5000 For Moving High Court Of Madras Over Animosity

The Madras High Court rejected a written plea to take necessary action against the inspector and SI attached to the Namakkal district Pallipalayam Police Station for alleged violation of the Election Commission’s model code of conduct. Justice RMT Teekaa Raman, who dismissed Periyaswami’s petition alias Thangavelu, also imposed Rs 5,000 costs on him for repeatedly moving the court with personal animosity against the police. The police had provided protection following court orders to dispossess the land claimed by Periyaswami.

 

AUSTRALIA – Sydney News: Lockout Laws to be reviewed, 55 Charged in Cocaine operation

As part of a major review of the night-time economy of the city, Sydney’s controversial lockout laws will be put under the microscope. The NSW government will set up a cross-parliamentary committee to consult with police, health workers, and members of the entertainment and live music industry to assess the impact of the laws five years after they have been introduced. Also, following a two-year police operation targeting cocaine supply across Sydney, police were charged with 55 people. Police charged drug supplies to 28 people and drug possession to 27 more.

 

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