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

INDIA – In Its First Session Of Parliament After Returning To Power, Govt. Intends To Transform 10 Ordinances Into Law

The new government in the first session of the 17th Lok Sabha intends to transform Ten (10) ordinances into law; official sources said Thursday (06 June 2019). The ordinances were issued by the previous government in February-March this year, as they could not be converted into legislative acts at the last session of the 16th Lok Sabha. The ordinances are: the ban of instant triple talaq, the Indian Medical Council (amendment) Ordinance, the Companies (amendment) Ordinance, the prohibition of unregulated deposit schemes, the Jammu and Kashmir Reservation (amendment) Ordinance, the Aadhaar and other regulations (amendment) Ordinance, the New Delhi International Arbitration Center Ordinance, The Homeopathy Central Council (Amendment) Ordinance, the Special Economic Zone (Amendment) and the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance. These ordinances must be converted into laws within 45 days of the start of the session; otherwise, they will lapse.

 

INDIA – PM Narendra Modi Seeks To Boost Growth Required $190 Billion Clean-Up

Measures aimed at cleaning up $190 billion of strained bank loans during Narendra Modi’s second term as Prime Minister (PM) will be essential to reviving economic growth. He’s forced to focus on the economy just days after a terrible win in the elections, also having slowest five-year development.  However, investors expect Modi to finish reforms that began during his first term when India implemented a time-limited bankruptcy process, notifying the company community by removing and selling assets off the largest defaulters. Rajnish Kumar said We need to discover a way to speed up the process, president of the Indian State Bank Ltd…”The findings so far — despite the delays — have been significant for the scheme,” he said in the latest interview, adding, periodic review of the bankruptcy law.

 

USA – Trump’s Administration Is Cutting English Courses, Soccer And Legal Aid In Facilities For Migrant Kids

The Trump administration announced on Wednesday 5 2019, citing a widening deficit, that it is reducing English courses, leisure events and legal aid for unaccompanied minors residing in national migrant facilities. These events are already coming to a stop, including soccer matches and ping-pong. According to a statement by Evelyn Stauffer, spokeswoman for the Children and Families Administration of the Department of Health and Human Services, the Refugee Resettlement Office started redirecting funds away from operations that “are not directly necessary to protect life and safety.”

 

INDIA – India’s Cashless Economy can be a model for the world

India wants to limit the use of cash, but it wants to do it correctly this time. India’s Unified Payment Interface (UPI) has taken off from nothing to 800 million monthly transactions in less than three years. In this, India was even ahead of Asian cash centres like Singapore and Hong Kong. With more than 140 Indian banks sharing the interface and the WhatsApp of Google and Facebook Inc.’s Alphabet Inc. providing instant payment facilities on it, UPI has become a keenly watched experiment. By looking at it, things are going well. Now a commission set up by the central bank under Nandan Nilekani, the technology business firm is best known for establishing the world’s biggest repository of biometric information for people, intends to expand the platform to non-resident Indian diaspora foreign-currency remittances as well as settle payments for residents when they travel abroad. “It’s like Chinese consumers can use WeChat in many jurisdictions,” Nilekani’s committee said in its report published this week.

 

INDIA – Students Request Reimbursement Of Fees From College Operating Under False Certification

The future of more than 200 learners is in jeopardy as they realized that the college they were studying in, NETT Paramedical College operated without any sanctions from India’s Pharmacy Council (PCI) and Maharashtra State Pharmacy Council (MSPC). The students are demanding that all their fees, fine and donations collected by the college be returned to them along with ensuring that all the aggrieved students get admission to a university that runs a legal and legitimate course. They also requested Rs. 30,000 per month for the students ‘ loss of two years, the suspects ‘ immediate arrest, and a Maharashtra state judicial inquiry. NETT college declined to comment on the problem and said they submitted the matter to the branch of the crime.

 

USA – Law Demanding That Individuals Of All Ages Undergoes A Boating Safety Courses Awaits Governor’s Signature

A bill that would require New York citizens of all ages to take a boat safety course before operating any motorized craft awaits the signature of the governor. The law is called Brianna’s Law, named after Brianna Lieneck, an 11-year-old girl who was murdered in a boating accident at Long Island’s Great South Bay in 2005. Since then, the girl’s mom, Gina Lieneck of Deer Park, has lobbied lawmakers to pass a boat safety course bill. The courses could be held online or in individual and could last for several hours, with expenses varying from free up to $30. A breach of the law may lead to a ticket of up to $125. Under the suggested legislation, the fine would stay. See the state’s Parks website for more information on boating safety courses.

 

INDIA – Law To Regulate MBBS Fee, State Cabinet Meets

In its session meeting, the State Cabinet consider regulating Private Health Sciences Education Institutions (Regulation of Admission, Fixing Fees and Making Reservations) Act, which will allow the state government to control fees for MBBS and BDS classes in private universities. So once the bill gets the form of legislation, the tuition paid by individual medical schools and universities is probably to drop from Rs 70 lakh to Rs 15 lakh for the five-year duration. Meanwhile no instant support for learners, the state has taken flak over “providing free hand” to private universities to pay exorbitant student fees. In this respect, it has neglected to introduce legislation. The “fleecing” of MBBS learners by personal organizations may persist in the forthcoming meeting, as it may require the state a few more months to transform the bill into legislation.

 

INDIA – The Tax Benefits For Joint House Ownership

Several advantages are accessible for jointly held properties in the Income-Tax Act. (1) Principal and interest repayment – In the event of a joint loan, each borrower may receive a cumulative advantage of up to Rs 3.5 lakh per co-borrower per Financial Year (FY). Tax deductions for interest payments made during the building period may be asserted once it has been completed, but a general limit of Rs 2 lakh per year is relevant. The deduction is only accessible if the building of the estate is completed within a span of five years from the FY in which the loan was loaned. Otherwise, the tax deduction on the annual interest payment will be reduced from Rs 2 lakh to Rs 30,000. Tax deductions can also be obtained even if the housing property purchased by joint owners is let out. Each joint owner can claim a deduction against rental revenue for the interest they pay to the housing loan. (2) Reinvestment on a housing property – Joint owners of a house may be exempted from capital gains when they sell the property and purchase a new home under section 54 of Indian tax law. Each co-owner can calculate their capital gains and invest in a new house to decrease the quantity payable under the capital gains tax. (3) Investment on designated bonds-Joint home holders can also be exempted from capital gains when they sell a house and spend the capital gains in defined bonds. The exemption is provided under Indian tax law section 54EC. Taxpayers may be granted an exemption for up to 2 housing properties for transfers made after April 1, 2019, during the financial year 2019-20. In this case, however, the total capital gains cannot exceed Rs 2 crore.

 

CANADA – Govt Of Canada Unveils Access To Legal Assistance To Assist Train Manitoba Law Students In Both Official Languages

Canadians expect to have access to justice in their selection of the official languages. That’s why the Government of Canada is working to improve the ability of Canadian institutions to provide legal education in French and English across the nation. Canada’s Minister of Justice and Attorney General unveiled on Wednesday, June 5, 2019, that the Government of Canada supports the creation of a French Common Law Certificate at the University of Manitoba. The Department of Justice Canada provides $768,372 in financing over four years (2018/19 to 2021/22) through its Fund for Access to Justice in Both Official Languages Support. With this financing, the University will also conduct operations linked to assessing and certifying students ‘ linguistic skills and undertake actions to enhance the ability of justice stakeholders in Manitoba to provide services in both official languages.

 

INDIA – Make Bi-lingual LLBs, Impact Students’ With Knowledge Of “Indian Literature, Myths’ Jurisprudence,”  ‘Dharma’ victory over ‘Adharma’; Governmental Proposed Strategy

The state has published a proposed strategy to enhance schooling in India; also embedded within its 484 papers are proposals to improve legal education in the nation by maintaining that it “reflects social-cultural environments” and “builds on people’s society and traditions, the past of legal organizations and the achievement of ‘Dharma’ over ‘Adharma ‘ written extensively in Indian literature and mythology. Also, the draft document, which includes only recommendations and is not law, provides only two primary suggestions – State organizations providing law education must suggest providing bilingual education to potential attorneys and magistrates-in English and in the language of the country in which the law program is located.  The practice of law must be based on people’s culture and traditions, the background of legal institutions and the struggle of ‘Dharma’ over ‘Adharma’ written in Indian literature and folklore.”

 

INDIA – Odisha Lawyers Opposes Recommendation Of Outsiders As Judges Of The HC, To Boycott Court On June 17

Orissa High Court (HC) lawyers have chosen to boycott Three Judges – Chief Justice and two other Collegium judges on the opening of the court on June 17, opposing the recommendation of outside lawyers’ as High Court judges. A decision was taken in this regard the meeting of the General Body of the High Court Bar Association, the association said. The association has also chosen to approach the President of India, the Prime Minister, the Minister of Union Law, the Chief Justice of India and the Governor of Odisha requesting their interventions in this matter. The lawyers will decide the next course of action at their next General Body session at 1.20 p.m. on June 17, the association notified.

 

HONG KONG – Thousands Of Lawyers In Hong Kong Hold Silent March Against China’s Proposed Extradition Bill

On Thursday, June 6, 2019, Thousands of Hong Kong lawyers went to the roads in a silent march against a contentious extradition law proposition, as the last colonial governor of the city smashed the scheme as a horrible bang. However, the pro-Beijing authority of the city is pressing through the parliament a proposal that would enable extraditions to any country it does not already have a contract with — including for the first moment continental China. Meanwhile, the proposition has triggered some of the city’s most massive demonstrations in latest years, along with opposition from relevant legal organizations, company organizations, and Western officials. The attorneys, mostly clothed in black, went to the state offices in secrecy from the Court of Final Appeal, where they collected to witness three minutes of silence. Organizers said the march was attended by about 2,500 to 3,000 individuals. Lawyer Martin Lee said: “We cannot ensure the safety of anyone who lives or works in Hong Kong or even passes through Hong Kong once the bill becomes law.” Another previous legislator, stated: “This bill is being hurried through with indecent and inexplicable speed. There is no reason whatsoever to push it through like this.”

 

INDIA – The Death Of A Doctor In Mumbai Discovers The Social Fault Lines

In a news report on Hindustantimes dated June 06, identifies the social fault lines that might have to lead to the death of a medical doctor Tadvi. The report explains the ordeal of her life and the discrimination she faced while in college. Furthermore, the report describes how Tadvi death has made thousands of young people, students, activists and political workers swamped the streets – from small villages in Maharashtra and Chhattisgarh to arterial roads in Delhi and Mumbai – against what they term as the institutional murder of Tadvi.

 

INDIA – Delhi HC Sets-Up Committee To Conduct Fresh Inspection In 35 Govt. Hospitals

The Delhi High Court (HC) captured the attention of the inspection report of over 30 public clinics highlighting several irregularities — including non-functioning ICU ventilators, supposed pilfering of costly medicines, and staff paid less than minimum salaries. Thus, the high court has now formed a committee to carry out a new inspection of the city’s 35 public hospitals. The bench also directed the panel to inspect all elements regardless of whether the Delhi government adopted the 2010 Clinical Establishments (Registration and Regulation) Act. The matter would now be heard for the Expert Committee’s functioning assessment on August 28.

 

UNITED KINGDOM – KCL Revokes The Honor Of The Sultan Of Brunei Over Gay Stoning To Death Law

King’s College London (KCL) revoked the honorary doctorate of the Sultan of Brunei after his nation rendered gay sex punishable by stoning to death. Strict fresh Islamic laws went into force in the South East Asian country in April, advocating amputation penalty for theft. The move triggered global condemnation. Sultan Hassanal Bolkiah was awarded in 2011 for his “dedication to higher education.” Following the application of the new penal code, the university started a formal evaluation of the prize to which the Sultan was invited to react, KCL said.

 

INDIA – The Court Should Take A Liberal Perspective On Delayed Appeals Of Convicts In Prison: Delhi HC Order

Courts should take a liberal stance when those in custody lodge appeals against convictions with some delay, the Delhi High Court (HC) said. The high court added that delay does not help an imprisoned individual and individuals in custody do not have the benefit of approaching a lawyer and taking legal advice on their own free will, which a free individual has. The court’s order came while setting aside the order of a session judge, which in a robbery case had rejected a man’s appeal exclusively on the ground that it was lodged after a delay of 220 days. It condoned the delay and restored an extra session judge’s appeal to the court and said the matter was listed before the trial court in July.

 

INDIA – Case Of Payal Tadvi: Bombay High Court Permits The Criminal Branch To Interrogate Trio Doctors During The Day

The Bombay high court did not disturb the judicial custody of the three doctors accused in the Payal Tadvi case but granted partial relief to the investigators by directing the trio to be taken to the criminal branch during the daytime until Sunday starting 2pm June 06 until 6pm and from June 07 between 9.30am to 6pm. The three are in judicial custody at Byculla Women’s jail and were detained for supposedly encouraging a junior colleague’s suicide by harassing and making castiest comments against her.

 

AUSTRALIA – UN Condemns Australia For 9-Years’ Detention Of Blind Tamil Refugee, Advised To Be Released And Compensated

Australia should immediately release a legally blind and mentally ill Tamil refugee who has languished in immigration detention for nearly a century, a United Nations (UN) body said. In a scathing evaluation of the detention system, the UN working group discovered Australia had violated international law by detaining the man for more than Nine years. It asserted that he should be released instantly from custody and had an “enforceable right to compensation and other reparations.” The Sri Lankan refugee, known as Kumar to safeguard his identity, was arrested at the age of 27 after arriving by ship at Christmas Island in March 2010.

 

INDIA – Allegedly Tobacco-Free Product, Herbal Hookah, Banned Or Not?  High Court In Bombay Seeks Clarification

On Monday (June 03), the Bombay high court ordered the state home department to clarify its position on herbal hookah, specifying whether or not the allegedly tobacco-free product is banned. The direction came after the architect-turned-restaurateur Ali Reza Abdi approached the HC, seeking a declaration that the law on Cigarettes and Other Tobacco Products (COTPA), 2003, do not apply to tobacco-free hookah and the authorities cannot take coercive action against him if he begins serving the “herbal” hookah in his roof-top restaurant. Following an incident, the state amended COTPA and imposed a blanket ban on operating hookah bars anywhere and also imposed a prison sentence of up to three years, making serving hookah a recognizable crime. On June 10, Justice Bench Ranjit More and Bharati Dangre posted the petition for further hearing.

 

GERMANY – Former German Nurse Niels Högel, Convicted For Murdering 85 Patients

A former nurse Niels Högel was convicted of killing 85 patients at two clinics in northern Germany and given a life sentence. Judge Sebastian Buehrmann defined the killing spree of Niels Högel as “incomprehensible.” Högel administered lethal doses of cardiac medication to individuals in his care between 1999 and 2005. Prosecutors said he attacked patients to impress peers by eventually attempting to revive them. He’s believed to be the most prolific murderer in modern history in Germany.

 

 

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