Legal News Shots- Top Interesting Shots of the Day
Legal News Shots- Top Interesting Shots of the Day

INDIA – Gujarat High Court Calls For A scheme To Assess The Competencies Of Lawyers

On Tuesday (June 25 2019), the Gujarat High Court ordered the Bar Council of India (BCI) and the Bar Council of Gujarat (BCG) to develop a mechanism to ascertain lawyers’ ability to conduct cases before the court. The direction came from Acting Chief Justice AS Dave’s division bench and Justice Biren Vaishnav, which clarified that the process should be regulatory rather than penal in nature. Justice Trivedi had instructed the registry to refer the matter to the Chief Justice acting as a PIL. The PIL aims, a two-fold solution to the problem of lawyers ‘ lack of competence – one is to frame guidelines in this context, and the other is to organize lawyers ‘ periodic training on how to handle matters, and the ethics and etiquette they need to obey in the courtroom.

 

INDIA – Delhi HC Restrains Associations Of Hoteliers From Boycotting OYO

The Delhi High Court (HC) has restricted various welfare associations of hoteliers from issuing notices or boycotting and banning the OYO hospitality company. In an interim order, the tribunal said it appeared that the act of hotelier associations pushed other hoteliers and service providers to behave in violation of the agreement between them and Oravel Stays Private Limited, which works under OYO’s name. The court observed that it would be illegal for OYO to have a suitable contract with other hoteliers and service providers and for the associations to boycott the business prima facie. The suit claimed that the association was “unlawfully conspiring and colluding with other similar organizations to come together and protest and force the plaintiff to submit unwarranted, unlawful demands, thereby stopping his company and causing serious public inconvenience/unrest,” said the judge.

 

INDIA – Madhya Pradesh Could Become The First State To Enact Law Against Cow Vigilantism

Madhya Pradesh, ruled by Congress, is likely to become the country’s first state to legislate against cow vigilantism. The government is proposing to amend the anti-cow slaughter Act to make those who indulge in violence or are caught for a punishable offence for breaking the law or damaging property. Sources informed The Indian Express that the first offence could be punished for three years and subsequent offenses for five years. At its session yesterday, the cabinet is likely to clear the amendment.

 

INDIA – Gujarat High Court Civil Judge Preliminary Examination Results Published, Check At gujarathighcourt.nic.in

Gujarat High Court released the results of the preliminary examination for the recruitment of Civil Judge vacancies. All such candidates who appeared in the preliminary examination of the Civil Judge can check their results on the official website gujarathighcourt.nic.in. This recruitment drive will be conducted for a total of 124 Civil Judge vacancies. Under the selection process for the Gujarat High Court Civil Judge Posts, written examination based on two stages- Preliminary and Mains Exams. Also, before the final choice for the Gujarat High Court Civil Judge Posts, there will be a Viva-voce Test (Oral Interview). The Main Written Exam will be conducted on July 07, 2019. Candidates are advised to download their ‘e-call letters’ for Main Written Examination from July 01 2019 onwards.

 

INDIA – Law As An Enabler For Blockchain Adoption Roadmap For Businesses and Governments In India

In an effort to strengthen a business-grade blockchain adoption roadmap for companies and governments in India, the internationally acclaimed World Blockchain Summit worldwide tech event series, supported by the Maharashtra Government, brought together more than 300 senior professionals from companies and government agencies and international blockchain experts to share their experiences, at Taj Santacruz, Mumbai, on June 20, 2019, and understanding how the country can profit from a revolutionary technology. In her keynote lecture, N.S. Nappinai, Advocate & Cyber Law Expert, Nappinai & Co., Advocates, cited the legislative climate of blockchain in India. “You have to achieve a tipping point where it has grown exponentially and organically for any development. However, one of the differentiators could be law as an enabler for it to grow further.”

 

USA – How Canada’s Legal Weed Can Prevent You From Entering The U.S.

Canada legalized weed last October, but cannabis possession in the U.S. remains a federal crime. That can spell difficulty for Canadians who want to cross the border but who have convictions of marijuana possession from years before. There’s Mark’s tale. He was detained for marijuana possession in his late teens back in the winter of 1982. He pleaded guilty in court, obtained a conditional discharge, and continued with the rest of his life. That’s until last May. While crossing the border with his spouse, he was pulled over and questioned about his 37-year-old detention. He is now banned from crossing the U.S. border.

 

INDIA – Reveal Foreign Income In Tax Returns Or Face Disciplinary Action

Black Money has always been a problem for India, and for ages, the government has tried to cope with it. Recognizing the constraints under current laws, the government has implemented a thorough fresh black money law to deal specifically with money stashed away from overseas. The bill was implemented as the ‘Black Money (Undisclosed Foreign Income and Assets) and Tax Act, 2015′ (Black Money Act) in May 2015. In the Indian tax return from FY 2011-12, reporting requirements for foreign assets were initially introduced under the Income-tax Act, 1961 (IT Act). Initial non-disclosure may have attracted an endless punishment under the IT Act; however, penal effects on non-disclosure have become more stringent following the implementation of the Black Money Act. The main implications of the Black Money Act are mentioned; undisclosed overseas income and assets are taxed at a flat rate of 30%. Exemptions or deductions that may otherwise apply in such instances shall not be permitted. Dissimulation of income and assets and tax evasion concerning foreign assets will be liable for prosecution with a punishment of up to 10 years imprisonment. Although there is no taxable income, beneficial owner or beneficiary of overseas assets will be needed to file returns. Rs 10 lakhs penalty may be levied for failure to file tax returns or for filing tax returns with insufficient disclosure of foreign assets. Failure to file a tax return or disclose data on international revenue and property in return for income may result in prosecution with a penalty of up to seven years’ imprisonment. Therefore, considering the severe penal consequences for non-reporting or inaccurate reporting, it is advisable to accurately report all overseas revenue and assets in the Indian tax return, to avoid penal consequences under the Black Money Act.

 

USA – San Francisco Prohibits E-Cigarettes Due To Minor Use

San Francisco has become the first city in the United States to prohibit the sale of electronic cigarettes-they hope that the prohibition of nicotine products will stop children from using it. Under U.S. federal law, you must be at least 18 years old to buy these products, although the age limit is 21 in the state of San Francisco, California. However, Figures indicate that middle and high school learners (11-18 years of age) who have started using nicotine products have increased by 36%, one of the causes of this issue is the use of e-cigarettes and vaping products. The mayor of San Francisco, London Breed, now has ten days to create these fresh rules into legislation, but she says she’s going to do it.  The law would start in seven months, although some companies selling these products might challenge the decision.

 

INDIA – HC Reserves Order On Death-Row Convicts’ Plea In 2007 Pune Gang Rape And Murder of BPO Employee Case

On Tuesday (June 25), the Bombay High Court (HC) reserved its order on requests filed by two males, sentenced to death in the 2007 rape and murder of a BPO employee in Pune, urging them to strike down their requests for mercy and commute their death sentences.  Purushottam Borate (37) and Pradeep Kokade (30) stated in their petitions that they had suffered “unnecessary and avoidable delay of 1,509 days in executing the death sentence, solitary confinement lasting more than seven years.” Their lawyer, Yug Chaudhry, had earlier stated that the two-year delay in issuing their execution warrant was unprecedented in India after their mercy petition was dismissed. Chaudry argued that the government had not complied with the execution warrant issuing mandate. He informed the court that the trial court must set an execution date, but the state government must make the required requests and make an attempt to set a date. Advocate General Ashutosh Kumbhakoni, appearing for state government, informed the court that it should understand, while deciding on the petitions, that it was the judiciary that concluded if both of the accused were to be sentenced to death.

 

USA – U.S. Supreme Court May Act On ‘Dreamers’ Immigrants, After A Lengthy Delay

In the coming days, the U.S. Supreme Court will have the last opportunity before its Three (3) months summer break to decide whether to take up President Donald Trump’s long-stalled bid to end a program which protects hundreds of thousands of immigrants illegally brought to the nation as children from deportation. The Trump administration on November 5 requested the Conservative-majority court to reject three lower court rulings that blocked the Republican president’s 2017 plan to end the 2012 Deferred Action for Childhood Arrivals (DACA) program introduced by his Democratic predecessor Barack Obama in 2012. Currently, DACA protects about 700,000 immigrants-mostly Hispanic young adults-from deportation and offers them with job permits. These immigrants are often called “Dreamers” based on the name of previous unsuccessful legislation intended to provide them with legal status.

 

INDIA – Madras High Court Allows Nalini To Argue Her Case In Person

The country’s longest-serving female inmate and life imprisoned in the event of Rajiv Gandhi’s murder, Nalini Sriharan, will soon appear in person in the Madras high court and argue her case for leave. Nalini moved the high court stating she required six months’ leave to arrange for the wedding of her London-based daughter. Rejecting the prosecutor’s apprehension that there is a possibility of a law and order issue during her appearance, the judges on Tuesday (June 25) said: “We do not find any existing material on apprehension. We are directing the officials involved to deliver the petitioner before this court on July 5 at 2.15pm. The court bench passed the order after an additional public prosecutor submitted that Nalini was not prepared to present her submission through video conferencing, as proposed by the state government.

 

INDIA – The High Court of Madras Sustains The Demand For Income Tax of Rs 2,500-Crore On Cognizant

On Tuesday (June 26, 2019) a single judge bench of the Madras High Court upheld the tax demand for more than Rs 2,500 crore as a dividend distribution tax (DDT) raised by the income tax department on the IT provider Cognizant Technology Solutions (CTS) as a result of its share buyback. The case arises from the demand for payment of a 15% tax on the remittance of Rs 19,415 crore to its non-resident shareholders in the United States and Mauritius, against the buyback in May 2016 of 94 lakh of its equity shares. Rejecting the company’s appeal against the demand of the department as untenable at this stage, Justice K Kalyanasundaram directed the company to exhaust all other legal remedies available, including shifting the appeal power, before approaching the high court. The operations of Cognizant stay unaffected by this litigation that has been going on for over a year.

 

USA – Florida Becomes Tougher When It comes To Plastic Surgery Centers And Becomes One Of The Toughest States’

Late Tuesday (June 25), Florida Gov. Ron DeSantis signed the first significant change to the cosmetic surgery sector of the state in more than a century, providing regulators greater instruments than in many other states. The new law, which comes into force in January, gives the state the authority to suspend the activities of a clinic or revoke its registration if the facility is determined to pose an imminent threat to the public. The law was implemented weeks after an inquiry into the USA TODAY Network revealed in February that eight females had died in a plastic surgery company owned by one doctor after procedures. Dave Aronberg, State Attorney for Palm Beach County and former State Senator, said Tuesday’s law signed is “a move in the correct direction to raise laws to avoid future fatalities, but it’s disheartening that it’s taken so long.”

 

INDIA – Punjab CM Moots For Preventive Detention Of Repeat Offenders, Fast Track Courts To Reduce The Menace Of Drug Abuse

Cracking down on drug menace on Wednesday (June 26, 2019), Punjab Chief Minister (CM) Captain Amarinder Singh extended complete assistance to law enforcement agencies and called for the preventive detention of repeat offenders in drug smuggling. He also directed the setting up of fast-track courts for such cases. Singh held a video conference with senior police officers to review progress on drug eradication and discuss the future approach. Several lawmakers and senior public officials also attended the conference. The CM also directed the preparation of major drug smugglers’ detention proposals, ordered the activation of 181 Punjab Police Helpline and said a reward system is being finalized to encourage individuals to enter the fight against drugs.

 

UNITED KINGDOM – You Will Face Up To Five Years In Prison For The Worst Cases Of Animal Cruelty: Environment Secretary

People found guilty of the worst animal cruelty cases will face up to five years in jail under a suggested new law for England and Wales. An Environment Secretary Michael Gove parliamentary bill increases the six-month maximum term. For dogfighting, abuse of puppies and kittens, or gross neglect of farm animals, the harshest sentences would be. The bill complements the so-called Finn’s law, providing more protection for dogs and horses in the service. Mr Gove said: “There is no room for animal cruelty in this nation, which is why I want to make sure that those who abuse animals have the complete force of the law.”

 

INDIA – Gujarat High Court Asks Government To Provide Details About Manual Scavenging Within 24 hours

On Tuesday (June 25, 2019) the Gujarat High Court requested a response from the state government within 24 hours as to whether manual scavenging is still prevalent in the state and what measures it took to reduce the inhumane practice. The state government was supposed to file a response on Tuesday (June 19, 2019) after the court gave it notice last week but failed to do so. Rather, it was looking for a week to file the response. However, the division bench of Justice SR Brahmbhatt and Justice AP Thaker refused to grant any additional time and directed the government to file its reply by Wednesday (June 26, 2019). The direction was provided in connection with public interest litigation (PIL) filed by Manav Garima, a community-based organization that operates in Gujarat for the rights of manual scavengers. Ganguly pointed out that manual scavenging was prohibited in India, and several instructions were given by the Supreme Court to state governments to rehabilitate manual scavengers and put an end to the inhumane practice.

 

INDIA – Supreme Court To Adopt New Roster System For Hearing Petitions, Effective From July 1

On Tuesday (June 25), the Supreme Court (SC) released a new roster scheme for hearing requests lodged in the apex court. According to the new roster, Five (5) senior judges will now hear the Public Interest Litigation (PIL). The debate on this has been going on for quite some time. Former Chief Justice Dipak Misra used to hear PIL himself. However, Chief Justice Ranjan Gogoi introduced some adjustments to the roster after taking charge and chose to listen to the PIL along with the top court’s second-most senior judge. From July 1, the fresh roster scheme will come into effect. At a press conference, however, the judges had said that the CJI’s rostering of cases was such that it does not inspire trust in the scheme and suggests that it was not fair, transparent or just. It should be noted that the SC roster is not known to the public.

 

UNITED KINGDOM: The Standards Of International Law On The Prohibition Of Torture Continue To Be Ignored: Reports

UN General Assembly on December 12 1997, declared June 26 to be the International Day of the United Nations in Support of Victims of Torture. The purpose of the day was to guarantee the complete eradication of torture and the efficient working of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Despite benefiting from an absolute ban, the crime of torture is far from being efficiently eradicated. The participation and complicity of states in torture is not just a matter characteristic of dictatorships or the usual suspects of violations of human rights. The problem remains to be challenging in nations with reasonable human rights records as well – for example, the U.K. in May 2019. The government faced new criticism after being accused of secretly creating a torture policy that is (allegedly) contrary to international legal norms.

 

INDIA – Pay Rs 50,000 To The Driver For The Bravery In Releasing The Victim; High Court Directed The Accused

The High Court (HC) of Punjab and Haryana directed Arshdeep Singh and another bike rider who reportedly had stopped a bus and pulled out a schoolgirl before thrashing the driver in November last year to pay Rs 50,000 to the driver for demonstrating bravery in having the victim released. The order came as the high court quashed a compromise-based FIR recorded in the matter. Taking up the matter, at the behest of the victim’s father, Justice Hari Pal Verma claimed the FIR had been registered. He had indicated that the victim was commute in a school bus, studying in Class IX. The petitioners, supposedly teasing her for many days, stopped the bus in front of the bus by stationing their motorcycle. They drag the victim out. But the driver, Sukhpreet Singh, jumped in and objected. Although the driver saved the girl, before the petitioners threatening to throw acid on the girl and break the driver’s legs. The petitioners were instructed to pay to Sukhpreet Singh Rs 25,000 each. He set a two-month deadline for “failure considered to have been rejected from the present petition.” Justice Verma directed.

 

AUSTRALIA – Australian Media Unite To Call For Laws To Be Changed After AFP Raids

ABC, News Corp and Nine are calling for legislation to safeguard reporters and whistleblowers, stating that a free press should be ‘engraved in law ‘The managing director of ABC, David Anderson, who requested the federal court to put aside the warrant authorizing the AFP raid previously this month, was joined by News Corp Australasia’s executive chairman, Michael Miller, and Hugh Marks, chief executive of Nine. Earlier this month, the AFP raided the broadcaster over a 2017 study on Australian Special Forces’ covert activities in Afghanistan just one day after the AFP raided a News Corp political editor’s residence on articles she released in 2018 on suggestions to expand Australia’s national monitoring capacities. “Last month’s AFP raids highlighted how susceptible the liberty of the press is in Australia,” Murphy said.” These raids were not justified for reasons of national security and were designed to define the sources of leaks that made the state and the defence department embarrassed.”

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