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

INDIA – The Bar Council Of India Gave Its Nod To St. Xavier’s Law School In Kolkata

The Indian Bar Council has approved the establishment of St. Xavier’s Law School in Kolkata according to the latest update. The 2019-2020 academic session, the new law school is all set to become operational. St. Xavier’s University, Kolkata, which is the country’s second Jesuit-run university, started its 2017-18 academic courses. Candidates will be admitted based on the test of admission to Xavier Law. The procedure for admission will proceed until July 12. Xavier Law School will offer five (5) years of integrated BA. LL.B.A. and B. Com. LL.B. (Hons). The first XLAT (Xavier Law Admission Test) will take place on July 14 for admission to the two classes.

 

INDIA – Police Officer And A Law Student Get Imprisoned For ‘Corruption’ For 4 Years

For those indulging in corrupt activities, the penalty imposed by a special CBI court, a Delhi Police officer and a law student on allegations of bribery could be a lesson. Keeping in mind the “development of corruption,” the court convicted both men, apart from slapping penalties, to four years of rigorous imprisonment. Rakesh Kumar (45), a Delhi Police Crime Branch assistant sub-inspector, was convicted of unlawful gratification and criminal misconduct for claiming and accepting a bribe. Another individual, Anshul (25), was supposed to have acted as an intermediary. The judge said both males were punished under the 2014 enhancement of the law. The judge held, “Record evidence demonstrates that the accused Rakesh requested and accepted illegal gratification.

 

INDIA – No Objection Certificate Compulsory For Foreigners To Adopt A Child; Supreme Court

Foreigners seeking to adopt an Indian baby must first obtain their country’s No Objection Certificate, the Supreme Court said in a significant inter-country adoption decision. A judges ‘ bench Indira Bannerjee and Ajay Rastogi observed that, in accordance with Indian law and international covenants, ‘ a foreigner or a individual of Indian origin or a citizen of India who habitually lives in India may apply to the Central Adoption Resource Authority for the adoption of a baby together with an NOC from his country’s diplomatic mission. Under Article 5 of the Hague Convention, the receiving country must determine whether the prospective parents are eligible and suitable for adoption, ensure that prospective parents are counselled, and allow the child to enter and permanently live in the country.

 

INDIA – SC Refuses To Entertain PIL Seeking A Marriage Rape Law

On Monday (July 25 2019), the Supreme Court (SC) declined to entertain on a PIL seeking guidance from the government to establish rules for registering FIRs in cases of marital rape and to frame suitable laws and bylaws to make it ground or divorce. A Bench led by SA Justice Bobde asked the petitioner Anuja Kapur to move the Delhi High Court, which had already taken the matter. Since marital rape in the Hindu Marriage Act, the Muslim Personal Law (Shariat) Application Act and the Special Marriage Act is not a ground for divorce, it cannot be used as a ground for divorce and cruelty against a spouse, the petitioner said.

 

USA – Fresh Laws Affecting Every Person From Medical Patients To Hunters, Effective From July 1

Several new regulations came into effect on Monday (July 01), affecting everyone from medical patients to hunters. A 6-cent gas tax on top of current taxes that accompany every gallon of gas sold in California will impact most individuals and their wallets, but several other regulations kicked in on July 1, which will also have wide-ranging impacts. Doctors are now required to notify patients if they are placed on probation for severe misconduct, including patient sexual misconduct, substance abuse, and improper prescription, resulting in patient damage. Hospitals now are to have a written discharge planning policy for homeless patients and to log homeless patients and the places where they are released in an attempt to prevent patient dumping. New laws for purchasing ammunition had gun owners stockpiling up. Also, it will now be illegal for anyone in California to use a social media bot with a fake identity to purchase or influence votes ahead of the 2020 election.

 

INDIA – Indian Medical Association; Punishment For Violence Against Doctors Should Be A Central Law Component

Citing recent cases of violence against doctors, on Monday (July 1, 2019), the Indian Medical Association (IMA) called on the government to declare hospitals as “safe zones” and claimed that exemplary punishment for offenders of such acts should be a component of central law. The IMA organized a mass awareness program throughout its 1,750 branches on National Doctors’ Day and highlighted the insistent need for key legislation to be enacted to prevent violence against the medical fraternity. The program was launched by Dr Santanu Sen, National President of IMA, and also marked Dr Bidhan Chandra Roy’s birth and death anniversary. Born on July 1, 1882, he died in 1962 on the same date, aged 80. The event’s highlights included ‘nukkad natak’ along with blood donation camps on the theme of “Violence in Healthcare.”

 

CANADA – The Law Is Not Fair: Vows Of Local Grocer To Open On Canada Day

The operator of a tiny private chain of grocery shops  Winnipeg claims his choice to flout provincial law and to open up on Canada Day to the company is about fairness – even survival. Despite the prospect of a court penalty for flouting Manitoba’s Retail Businesses Holiday Closing Act by opening its Foodfare shops on Good Friday, Munther Zeid claims he will not go back down and open yesterday. The government has also said that retail establishments with four or fewer employees may be exempt from the restriction, including the owner.

 

INDIA – Gujarat Bar Association Moving SC Against Center Delaying The Appointment Of Justice Kureshi As The Chief Justice Of The MP HC

The Gujarat High Court (HC) Advocates Association decided to work overtime in a novel protest against the delaying tactics of the Union Law Ministry to thwart the appointment of Madhya Pradesh (MP) HC Chief Justice Akil Kureshi. According to Article 32 of the Constitution of India, the Gujarat High Court Advocates Association decided to move the Supreme Court against the sitting of the Union Law Ministry over the SC Collegium’s suggestion to make Justice Akil Kureshi the chief justice of the Madhya Pradesh High Court. In a novel protest, the association decided to ask Gujarat’s Acting Chief Justice to extend the sitting of all courts beyond the regular working hours for five minutes instead of striking work. It was because Justice Kureshi had previously issued orders against Shah and Modi that he was refused promotion as MP HC’s chief justice, Yatin Oza claimed.

 

INDIA – Delhi High Court Notifies The AAP Government Of The Implementation Of Mental Health Care Law

On Monday (July 01), the Delhi High Court issued a notification with immediate impact to the Aam Aadmi Party (AAP) government and the police on a plea requesting implementation of the clauses of the Mental Health Care Act, 2017. In Four (4) weeks, a division bench of Chief Justice D N Patel and Justice C Hari Shankar requested answers from the AAP government and Delhi Police. The case will be next heard on September 11.

 

JAPAN – Thousands Donate To The Legal Fund Of A German Aid Ship Captain: Reports

A Thousands of people have donated money to cover the legal costs of a German woman arrested after she captained the humanitarian rescue ship docked in Italy in defiance of the country’s anti-migrant interior minister. German television celebrities appealed to the public to support Carola Rackete financially, requesting more than € 300,000 ($341,400) by early Sunday. No one was wounded, but the side of the motorboat was damaged. The 31-year-old is at risk of up to 10 years in prison if convicted. She also risks a fine of up to € 50,000 ($58,000) under legislation that cracks private rescue ships.

 

INDIA – Screening Of ‘Article 15’ Prohibited In Roorkee On The Grounds Of Law And Order

An order from the Roorkee Sub Divisional Magistrate (SDM) office forbade film screening in the city. SDM Ravindra Singh Negi said, “I was met by Hindu Sena representatives on Friday and voiced concern that the film, ‘Article 15,’ depicts a specific community in a bad light. They requested a screening ban. My opinion was that if the movie is screened in the town, it might lead to problems of law and order. The SDM issued instructions for the cancellation of their displays to RR Cinema – the only room in Roorkee screening the movie – and requested Kotwali Roorkee to implement the ban. Copies of the order have been sent to the District Magistrate, the Entertainment Tax Assistant Commissioner and the Haridwar Additional District Magistrate (Cinema Resolution Cell). The local police verified that after the order was given, the film screening was stopped.

 

INDIA – Mamta Banerjee Meme Case: SC Issues A Notification To Bengal Govt. On Delay In Release Of BJP Activist

On Monday (July 01), the Supreme Court (SC) issued a show cause notice to the state of West Bengal on a contempt plea for the delay in releasing the BJP activist who was detained for supposedly posting a meme on social media to Chief Minister Mamata Banerjee. It was claimed in the petition that there was a delay in releasing activist Priyanka Sharma, despite the order of the apex court to grant her bail. Priyanka Sharma, a leader of BJP Yuva Morcha, was detained on May 10 by the West Bengal Police in accordance to section 500 (defamation) of the Indian Penal Code and the provisions of the Information Technology Act.

 

DUBAI – Know the Law: In UAE, Nobody Has The Right To Insult You

An employer should not abuse his staff on the job as abusing any person in the UAE is a criminal offence according to your queries. This shall be in accordance with Article 374 of Federal Law No. 3 of 1987 concerning the issue of the UAE Penal Code. It states: “When slander or abuse is sent by telephone or passed face to face with the victim and in the presence of a third party, punishment by detention for a period not to exceed Six (6) months nor a fine not exceeding Dh5,000 shall apply.” Based on the aforementioned provision of law and Article 10(4) of Federal Law No. 35 of 1992 relating to the Criminal Procedure Law, criminal proceedings may be brought against the perpetrator of an offence link to insult and slander by the victim or his legal representative with the police.

 

INDIA – Unaware Of ‘No Entry For Women’ Peddanna Was Fine Rs 5000

A scheduled caste man was fined for Rs 5,000 in Andhra Prades district of Anantapur for bringing his daughter-in-law to a local temple. He was unaware of the restrictions on ‘ no entry for females.’ He tried suicide, unable to digest the insult. Police have recorded a case against members of the temple commission. They lately built Dhwajasthambham (a holy pillar) and communicated that females should not enter the temple for 41 days. Peddanna did not know about this rule, though. However, Peddanna, who made up his mind to end life, was haunted by the humiliation. He came to Gooty on Sunday and purchased pesticide. However, the villager and the matter was lodge in a local police station.

 

INDIA – 2019 Madras HC Recruitment: Apply Online For 573 Assistant, Reader, Typist And Other Jobs at https:/www.mhc.tn.gov.in

Madras High Court (HC) has invited applications to recruit Computer Operator, Typist, Assistant, Reader / Examiner and Xerox Operator posts. Interested and eligible applicants are recommended to fill the online application before July 31, 2019. Applicants should note that requests submitted through https:/www.mhc.tn.gov.in will alone be accepted. Before filling out the online applications, applicants are recommended to go through the candidates’ notification and Common Instructions.

 

USA – The Post-9/11 Law Could Allow The President To Bypass Congress To Wage War With Iran

The Secretary of State Mike Pompeo and other representatives of the Trump administration have tried to convince Congress in latest months that Iran has links with al-Qaeda and the Taliban. Three (3) days after the 9/11 attacks, members of Congress voted on a bill after attending the National Prayer Service that gave President George W. Bush the power to go to war with al-Qaeda and any associated organization without Congressional authorization. Since then, both parties’ presidents have used the 2001 and 2002 Military Force Use Authorization (AUMF) to justify military operations worldwide, including drone attacks, air strikes, and prisoner detention in Guantánamo Bay.

 

INDIA – Parents Not Equally Liable For The Child’s Expenditures; Delhi High Court

A man cannot avoid the obligation of the up-keeping of his kids on the ground that his disengaged wife earns, because there’s a lot of time and effort going into the upbringing as well, the Delhi High Court said it on Monday (July 1, 2019), while upholding a woman’s interim maintenance award. Justice Sanjeev Sachdeva said that holding both parents equally accountable for a child’s expenditures would be wrong. The remark went on a man’s plea challenging trial court orders and appeal court awarding Rs 60,000 a month to his spouse as provisional maintenance to take care of their three minor daughters, one of whom was born to him from a previous marriage.

 

INDIA – People Have Been Ill-Treated Even Today Because They Belong To Scheduled Castes and Scheduled Tribes: Bombay HC

The Bombay High Court’s Aurangabad bench lately expressed concern over increasing crimes against individuals belonging to the Scheduled Castes and Scheduled Tribes (SC and ST). The High Court (HC) said these individuals are ill-treated even today, only because they belong to the category of SC or ST. Justice Arun Dhavale’s bench observed by turning down an application lodged by a person seeking relief from pre-arrest. The court bench further noted that there are several cases in which the only claims are about throwing casteist abuses to insult or humiliate coupled with some minor assaults.

 

INDIA – Hoisting Saffron Flag In Accordance With The Atrocities Act Is No Offence: Bombay HC

Hoisting a saffron flag and shouting slogans is not an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Bombay High Court (HC) said while giving pre-arrest bail to a person booked under the law. A division bench lately granted Rahul Shashikant Mahajan anticipatory bail in a case brought against him by the Kalyan police under the provisions of the Act. The First Information Report (FIR), dated January 3, 2018, does not represent the commission of any offence under the Atrocities Act, according to Mahajan. He said the role ascribed to him in the FIR is merely to raise slogans and hoist a saffron flag. The condition that the accused booked under the Act cannot be given bail is therefore not applicable, the court added.

 

 

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