Legal News Shots- The Best Shots of the Day
Legal News Shots- The Best Shots of the Day

INDIA – RBI Says International Companies Can Process Payment Overseas, But Data Must Be Stored In India Within 24 Hours

Foreign payment companies such as Mastercard and Visa can process transactions made in India outside the nation, but the associated data should be returned for local storage within 24 hours, the Reserve Bank of India (RBI) said on Wednesday (June 27). The announcement was made in April last year to clarify the directive of the central bank mandating overseas companies to store their payment information “only in India” for “unfettered supervisory access.” The past RBI directive was silent about whether or not data could be processed overseas or should only be performed locally. The RBI regulations resulted in aggressive lobbying from the U.S. government and American businesses that said the directive would increase infrastructure expenses and harm investment plans for firms. Other than RBI’s Payment Companies Directive, India has also drafted an overarching data storage law that calls for all private data that are determined to be critical for local processing.

 

INDIA – Disability Of One Doctor May Lead To A Modification In The Curriculum In India

The disability of Satendra Singh motivated him to fight for others facing comparable discrimination. Priti Salian reports online on Tuesday 25 June 2019 that the curriculum reform plans of the physician could assist both patients and doctors with disabilities. Vagish Kumar, a reader responded to the article stating; 1. I concur with the author that there is discrimination against individuals with disabilities in India, particularly in connection with employment and medical education. 2. Even if your curriculum vitae is filled with academic brilliance, but you’ve been hearing impaired, you might find some insensitive questions in job interviews like “you can’t even answer straightforward questions. That is to say, employers concentrate more on the candidate’s hearing disability rather than the candidate’s capacity and academic record. 3. To date, colleges and universities in India do not have dedicated facilities where disabled employees can share and resolve their issues, experiences and incidences of discrimination. This implies that due to the discriminatory MCI laws, a segment of disabled individuals who aspired to become a medical professional have to give up their dreams. 4. The Indian government should enact strict legislation to safeguard individuals with disabilities from discrimination, abuse and exclusion in jobs and education.

 

USA – Migrant Crisis: Trump Claims Migrant Fatalities Would Not Occur If Democrats Agree To ‘Correct Legislation’

On Wednesday (June 26), President Donald Trump appeared to blame the present immigration legislation – and the Democrats’ reluctance to alter them – for the drowning death of a dad and his young daughter as they attempted to cross the Rio Grande River to enter the United States. Trump proposed that if Congress fixed the legislation, as he requested, such events would not occur. Trump said Democrats refused to close “loopholes” and limit asylum policies, a message he repeated via Twitter after he was on Air Force One.

 

INDIA – WhatsApp Case Shows That India Needs Robust Laws On Data Protection: Expert

As the Indian government steps up the pressure on Internet and social media giants to store consumer information locally – particularly payment-related information – the path ahead is not simple for over a billion people as Internet giants have long been lobbying against the country’s information privacy legislation, tells the person who brought the Facebook-owned WhatsApp to trial. Reacting to an ET study that WhatsApp has set up information storage facilities in India for its soon-to-be-launched payment service, advocate Virag Gupta said on Thursday (June 27 2019) that the reality would only come out on Wednesday (July 17, 2019) when the Supreme Court takes up the next hearing in the NGO’s request against WhatsApp. “In addition, Internet giants should comply with Indian legislation, including the appointment of grievance officers in India and the location of information,” added Gupta, who represents the Accountability and Systemic Change Center (CASC), who said that WhatsApp did not comply with the Reserve Bank of India (RBI) circular on information localization standards. WhatsApp informed the Supreme Court at the last session on May 3 that the firm is carrying out a trial run of its payment service and will comply entirely with the information localization RBI standards. Reserve Bank of India’s (RBI) data localization standards, the path ahead has become hard for worldwide electronic payment suppliers seeking more time to meet the rules. The RBI guidelines state that all electronic payment companies such as Google Play, WhatsApp and others have to store their business information locally.

 

INDIA – HC Bar Panel To Continue The Boycott Of Three Senior Judges’ Courts

For the next seven days, the Orissa High Court Bar Association decided on Wednesday (June 26, 2019) that it would continue to boycott the Chief Justice courts and the two other senior magistrates over the problem of the recommendation of names of attorneys who are not standard high court practitioners to be appointed as magistrates. India’s Chief Justice Ranjan Gogoi instructed the association to lift the boycott on Saturday (June 22, 2019). The CJI had addressed this to the association delegation that met with him for a memorandum on that day. On Wednesday (June 26, 2019) the association was to decide on the recommendation of the CJI on the instruction of the CJI. His general meeting of the body was therefore held at 1.20pm. However, there could be no choice. The association has demanded that the recommendation to withdrawn the name of a lawyer who is not a regular high court practitioner for appointment as a court judge.

 

USA – Background Checks For Ammunition: Would A Fresh State Gun Law Have Avoided The Carnage Of The Bay Area This Week?

A California legislation that comes into force next week seeks to solve what proponents describe as a glaring gap in gun control: while background checks can prevent individuals with criminal records from purchasing guns, there is no such scheme in place to prevent them from loading up on bullets. Anyone looking to purchase ammunition in California will be subject to a background check starting on Monday. Voters approved the first-in-the-nation requirement as part of Proposition 63 of 2016, the slate of gun control measures that also prohibited the possession of high-capacity magazines. Anyone looking to purchase ammunition in California will be subject to a background check starting on Monday. Voters approved the first-in-the-nation requirement as part of Proposition 63 of 2016, the slate of gun control measures that also prohibited the possession of high-capacity magazines.

 

INDIA – Passing-Off Suit Regarding A Registered Design Used As a Trademark Can Be Maintained; Delhi High Court

Recently, the Delhi High Court gave a prima facie view that a passing-off suit regarding a registered design used as a trademark can be maintained. The view is part of an order issued by a Bench of Justices Division S Muralidhar and Asha Menon in a series of appeals by footwear manufacturer Crocs Inc USA (appellant) against an order adopted by a single judge Bench. The Bench of the Single Judge rejected the Shape Trademark Suits (STSs) of the appellant in regard of its rights in the ‘Crocs Design Footwear’ as a trademark/trade dress on the ground that they were not maintainable. Unfortunately, the Court discovered prima facie merit in the appellant’s claim that the Single Judge “unwittingly reiterated the minority opinion in Mohan Lal, which the FJB in Carlsberg did not, by any means implicitly, affirm.” Therefore, the Court awarded the appellant provisional relief and permitted the appellant to institute other STSs against parties other than the participants for seeking relief from restraint or passing off its registered design used as a trademark/trade dress, to stand up, to present the products through its packaging, etc. “In other words, if a problem occurs in that respect, the sustainability of such STSs would be decided independently of the learned Single Judge’s impugned judgment which is being challenged in the current appeals,” ordered by the Court.

 

INDIA – Agencies May Move The Court To Annul The Approval Status Of Rajiv Saxena Citing Non-Divulgation

Miffed by Rajiv Saxena’s “incomplete” disclosures, organizations researching the supposed VVIP helicopter scandal are considering moving the court to withdraw its “approver” status in the case. Investigators suspect that the accused-turned-approver intentionally withholds essential data that could shed light on the role of more people who supposedly paid kickbacks in favour of British helicopter manufacturer AgustaWestland to swing the air force contract. The inquiry into the allegations of Rajiv Saxena also revealed that he was “misleading” about a Mauritius bank account, individuals knowing about the probe said.

 

CANADA – One Of Canada’s Most Varied Towns Will Promote A Legal Battle Against Quebec’s Religious Symbols Legislation

The Brampton City will support a legal challenge against a contentious Quebec law that limits what civil servants can wear in the workplace. The law, known as Bill 21 until it was adopted previously this month, makes it illegal to wear religious symbols to work for a variety of staff, including government school educators, police officers, magistrates, jail guards, Crown prosecutors — and even wildlife officers. The City Council voted 11-0 in favour of Wednesday’s motion. Councillors also voted in favour of a second motion to see the town advertise firefighting and emergency service work possibilities in Quebec.

 

INDIA – 50% SC Ceiling Violated As Bombay HC Upholds Maharashtra’s Maratha Reservation Policy

In a judgement calling into question the post-Mandal judicial firewall against quotas exceeding a 50% ceiling, on Thursday (June 27) the Bombay High Court upheld Maharashtra’s Maratha reservation policy, which raises the state’s total quantum of quota to 70%. The court bench upheld the constitutional validity of the Maratha reservation, a matter of extended state discord and political debate. With this, the Maharashtra reservation stands at 70%, including 10% for economically weaker sections. The order could alter the face of the country’s reservation regime – unless reviewed by the Supreme Court (SC) – by removing the upper ceiling set by the Indra Sawhney judgment.

 

INDIA – Gujarat HC Issues A Show-Cause Notice To Gujarat Forensic Sciences University, Govt. Over Admission Procedure

On Wednesday June 26, 2019, the Gujarat High Court (HC) requested a response from the Gujarat Forensic Sciences University (GFSU), the state government, and the Admission Committee for Professional Courses (ACPC) by July 8, in connection with a disdain petition lodged by a former varsity student, Sandip Munjyasara. The petitioner had challenged court against the varsity for not approaching the ACPC for centralized admissions to run it in the professional courses. However, as per Munjyasara, in April 2019, the varsity again began its admission process for professional courses without approaching ACPC.

 

CANADA – One Of Canada’s Most Varied Towns Will Promote A Legal Battle Against Quebec’s Religious Symbols Legislation

The Brampton City will support a legal challenge against a contentious Quebec law that limits what civil servants can wear in the workplace. The law, known as Bill 21 until it was adopted previously this month, makes it illegal to wear religious symbols to work for a variety of staff, including government school educators, police officers, magistrates, jail guards, Crown prosecutors and even wildlife officers. The City Council voted 11-0 in favour of Wednesday’s motion. Councillors also voted in favour of a second motion to see the town advertise firefighting and emergency service work possibilities in Quebec.

 

INDIA – Madras High Court Upholds The penal Rent Of Rs 2.23 Lakh On A Retirement Policeman

The Madras High Court (HC) declined to interfere with police commissioner Madurai’s order to impose Rs 2.23 lakh penal rent on a policeman for his overstay even during transfer and after retirement in police quarters. Dismissing a petition from T.V.Devarajan, Justice S.M.Subramaniam said, “In the perspective of the facts and conditions, this tribunal does not hesitate to conclude that the petitioner has not established any reasonable grounds for considering the relief requested in the petition.” The judge said it was an admitted fact that in Madurai district, the petitioner was occupying the quarters. He was also transferred to the district of Ramnad on September 8, 2006. On April 14, 2008, he was withdrawn from service. He was subsequently re-established only on June 24, 2010. It was notified to the court that the court’s while working in the Ramnad district, the petitioner received the house rent allowance. One hand, he occupied the Madurai city quarters and, on the other side, he got the Ramnad district house rental allowance. Such a petitioner’s action was undoubtedly misconduct and illegally added the judge.

 

INDIA – Echo Of Elephant Drona’s Death: HC Demands Details On Medical Facilities, Veterinary Doctors At Elephant Camps

Yesterday (June 28, 2019), the Karnataka High Court (HC) asked the State to file an affidavit regarding the number of elephant camps run by the State and the facilities provided at these camps. The Bench Division issued this direction after hearing the Public Interest Litigation (PIL) lodged by N.P. Amruthesh, a city-based advocate. The Court requested that the affidavit be submitted within Four (4) weeks. The Court also asked the advocate of the government to provide information on the availability of veterinary physicians in the elephant camps. Citing the death of Dhrona, a male elephant in the Mathigodu elephant camp under the Nagarahole Tiger Reserve, the petitioner claimed that veterinarians posted in multiple camps were discovered living in neighbouring towns and were therefore unable to provide timely care to elephants. The petitioner also alleged that due to mismanagement by officials and staff, elephants in the camps were deprived of adequate food and medical facilities. The matter was adjourned until July 5.

 

UNITED KINGDOM: Child Hackers Who Break The Law Assisted In High-Flying It Employment To Transform Them Away From Cybercrime

Children who can become harmful hackers and internet criminals are being targeted by a fresh program to divert them into legal jobs. Following a comparable model to the controversial UK counter-extremism program, adolescents drawn into illegal internet activity will be evaluated by a panel to determine what level of action is required. Chief Constable Peter Goodman, the lead for cybercrime by the National Police Chiefs Council, said the “Cyber Choices” initiative would focus on people between the ages of 13 and 22. Mr Goodman said hundreds of prospective targets had already been recognized, either through referrals from worried parents or educators or after purchasing malware or behaving suspiciously. The first panel of Cyber Choices was set up in London and will be followed by panels in every region of England and Wales.

 

INDIA – Judicial Independence: Judges Are Not Responsible For Their Actions!

A senior lawyer said the new law “destroys” the independence of the judiciary because it violates the principle of separation of powers by putting it under parliamentary control. Just last week, India’s Chief Justice Ranjan Gogoi wrote to Prime Minister Narendra Modi to initiate impeachment proceedings against Allahabad High Court Justice Narayan Shukla for his supposed participation in an admission scam for medical schools. A three-member in-house panel of judges discovered him guilty, but magistrates are judges who are immune from prosecution in court because of their judicial actions. Moreover, so we are compelled to conclude that judicial autonomy involves the right not to be held responsible to the state for the acts of omission and commission of magistrates. A few rotten apples can contaminate the whole basket. So, no authority on earth can force a judge out of office after they’re rendered permanent. That is the judiciary’s independence for you.

 

INDIA – Nizam’s Money Has 120 Claimants, A UK Court Judgment In A Few Weeks’ Time

A court in the U.K. is anticipated to pass a decision in the Nizam cash case in the next few weeks, but it may not bring down the curtain on the seven-decade-old legal fight. The party is losing the legal battle. The party losing the legal battle may prefer an appeal in the U.K. Supreme Court making it a long drawn battle between the governments of India and Pakistan and the legal heirs of Mir Osman Ali Khan, the last ruler of the princely state of Hyderabad. The Rs 307 crore locked in U.K.’s National Westminster Bank may go to about 120 members of the Nizam family if the case is decided in their favour. The money can go to Pakistan if it wins the fight. Besides Osman Ali Khan’s grandson Mukarram Jah and Muffakham Jah, the money has been claimed by as many as 120 representatives of the Nizam family. Nizam’s other grandson Najaf Ali Khan is leading the battle on behalf of the different legal heirs.

 

DUBAI – KNOW THE LAW:  Dh500,000 Fine For Selling Without A License On Social Media In UAE

UAE inhabitants risk a fine of up to Dh500,000 for selling products on social media without a license, including mums running internet catering, tailoring and beauty companies from home, lawyers have advised. Selling clothes, handbags, shoes, accessories and home-made meals on Facebook and Instagram Lives as well as on WhatsApp organizations has become too prevalent now. In 2018, the UAE Ministry of Economy teamed up with the Telecommunications Regulatory Authority to shut down unauthorized e-commerce websites and social media pages. Residents in the UAE are needed to have a trade license to carry out any online business operations.

LEAVE A REPLY

Please enter your comment!
Please enter your name here