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

INDIA – Legal Luminaries Demands Laws To Appoint Judges

On Wednesday 03 July, in the aftermath of a judge from the Allahabad High Court who called the Supreme Collegium a system full of favouritism and opacity, legal luminaries sought a law to regulate the appointment of judges. Justice Rang Nath Pandey’s letter to Prime Minister Narendra Modi from Allahabad High Court’s Lucknow Bench talks volumes about the college scheme, which he deemed to be biased and blatantly undermines the merit of appointing judges. Justice Pandey favours the move of the Center to establish a National Judicial Service Commission (NJAC), which he calls “transparency hopes.” However, the Supreme Court struck down the NJAC Act. Senior advocate Ranjit Kumar said: “I agree with the views of Justice Pandey on NJAC; in reality, I support his views. The college system requires transparency.” He also added that the apex court wrongly called NJAC as an affront to the independence of the judiciary. In his letter, Justice Pandey encouraged the Prime Minister to create a scheme that favours ordinary people and enables them to move up the ladder to become India’s chief justice, with hard work and determination. Justice Pandey also pointed out the internal disputes that arose in the public domain of the apex court.

 

INDIA – The Supreme Court Issued A Notification On A Plea Over Cows’ Law To The Central Government

The Supreme Court released a notice to the central government on a plea challenging the validity of some of the clauses amended in the Prevention of Cruelty to Animals Act that deprives an individual of possession of cattle during the trial awaiting. The earlier provision stipulated that an animal’s custody can only be taken after the owner if sentenced. A Bench of Justices Division S.A. Bobde and B.R. Gavai requested the central government within four weeks to lodge a response to the plea.

 

INDIA – The Center: No Proposal To Scrap The Sedition Law, The Country Needed it to “Effectively Combat Anti-National, Secessionist and Terrorist Elements”

On Wednesday (July 03), the Center explained that there was no suggestion to cancel the sedition law, claiming that the nation required it “to fight efficiently against anti-national, secessionist and terrorist elements.” In a written response to Rajya Sabha, Minister of State for Home Affairs Nityanand Rai said: “There is no suggestion to cancel the sedition offence clause under the IPC. There is a need to maintain the provision to combat efficiently anti-national, secessionist and terrorist elements.” Parliamentary Banda Prakash had asked the question in the upper house by Telangana Rashtra Samiti (TRS). Lord Thomas Babington Macaulay originally drafted the law on sedition and in 1870 became part of the Indian Penal Code (IPC).

 

USA – American Judge Blocks The Law On Abortion In Ohio, Clinics To Remain Open

A federal U.S. judge temporarily blocked an Ohio law on Wednesday (July 3, 2019) that would prohibit abortions after detecting a fetal heartbeat, enabling clinics to continue providing the procedure as a legal face-off continues. U.S. District Judge Michael Barrett’s ruling halts implementation of the so-called “heartbeat law” that opponents argued would efficiently prohibit the operation because a fetal heartbeat can be identified in pregnancy as soon as six weeks before many females realize that they are pregnant. Ohio Right to Life, the oldest and biggest anti-abortion rights group in the state, disappointed but not surprising the judge’s judgment. Freda Levenson, legal director of the Ohio ACLU, said in an emailed declaration that the decision “has maintained the clear statute: females in Ohio and nationwide have the constitutional right to make this profoundly private choice about their bodies without government intervention.”

 

INDIA – Delhi High Court Requests RBI Response Claiming PayPal Unlawfully Operating In India

On Wednesday (July 3, 2019) the Delhi High Court asked the Reserve Bank of India (RBI) and Enforcement Directorate (ED) to react to a Public Interest Litigation (PIL) claiming that PayPal was “illegally” operating in India without RBI authorization. Notices were given to RBI, ED and Paypal Payments Pvt by a bench of Chief Justice DN Patel and Justice C Hari Shankar. Ltd. and before the next hearing date on September 18 requested their stand on the PIL. In his plea, Abhijit Mishra, a financial economist, stated that “Paypal operates as a scheme of payments and settlements in clear breach of the Payments and Settlements Systems Act.” Mishra also requested instructions to RBI and ED to take action against PayPal for the alleged violations, including the imposition of fines and penalties.

 

INDIA – Is Kerala Above The Rule Of Law, Asks Supreme Court When Hearing The Feud Case Of Jacobite-Orthodox Church

“Is Kerala above the rule of law,” the furious Supreme Court questioned on Tuesday (July 2, 2019) as it blasted the Kerala administration and threatened to put its chief secretary behind bars for failing to implement its 2017 decision on a conflict between two groups on the right to administer and pray in churches. A panel comprising judges Arun Mishra and M R Shah, who were hearing an issue relating to the execution of their order to give power to the Orthodox group of 1,100 parishes and their churches under the Malankara Church, advised that the chief secretary of Kerala would be summoned for “making a mockery of the judicial system.” The bench also warned that if the state does not implement the orders adopted by the apex court, it could put Kerala’s chief secretary behind bars, a lawyer appearing for the petitioner said.

 

UNITED KINGDOM – The UK Is Expanding Its Contemporary Law On Slavery, But Is It Going To Work?

It is announced with little fanfare as a reform to the flagship strategy of the outgoing UK Prime Minister Theresa May. However, news that every department of the UK government will have to report what they do to avoid modern slavery in their supply chains has enormous consequences in a nation where so much public work is outsourced to private firms. Under the Modern Slavery Act, companies with a £ 36 million turnover are required to post statements on what they are doing in their supply chains to avoid modern slavery. May disclosed her plans to apply this to the public sector at the G20 summit in Argentina in December. It is a significant development because the government spends more than £ 200 billion a year on procurement, and millions of pounds are spent on high-risk services such as cleaning, catering, safety, waste collection, and logistics. UK taxpayers can only be confident with a powerful regulatory system that their money is not spent on products and services contaminated by modern slavery.

 

INDIA – Minister for Union Law Ravi Shankar Prasad Attacks The Opposition On Electronic Voting Machines

Minister of Union Law Ravi Shankar Prasad said on Wednesday (July 3, 2019) that opposition parties have double standards with respect to electronic voting machines (EVMs) even as their leaders have become prime ministers and chief ministers through the same ballot system. “If (Prime Minister) Narendra Modi is elected by the individuals of this nation, then EVMs are faulty. What is this logic? This hypocrisy impinges on the country’s politics,” Prasad said in his response to Rajya Sabha’s debate on electoral reforms. Prasad produced the “one country, one poll” proposal a renewed pitch. He added with an open mind that the Opposition should ponder over it.

 

DUBAI – Travel Agents Engaging In Fraudulent Activity By Duping UAE Tourists Into Paying Visa Fees Despite Temporary Fee Waiver

Travel agents in some South Asian nations are duping UAE tourists into paying visa charges for children aged 18 or under despite the government’s announced temporary fee waiver. The UAE has announced that children aged 18 or under who are travelling with their parents may not have to pay the tourist visa fee from July 15 to September 15. Although the waiver will come into effect on July 15, some agents abroad are telling customers that the news is “fake” and they will still have to pay the children’s visa costs. Travel agents often quote costs as Dh350 for a single entry 30-day tourist visa and Dh900 for a 90-day visa per individual. Tourists to the UAE who wish to use the visa fee waiver for children under the age of 18 may also apply for it through the ICAI mobile phone application or its website (www.ica.gov.ae).

 

INDIA – Madras High Court Rules All Land Acquired By Tamil Nadu Government For ‘Public Use’ Since Sept 2013 As Illegal

On Wednesday (July 3, 2019), the Madras High Court proclaimed all property parcels obtained by the government of Tamil Nadu for public purposes under three distinct legislation to be illegal. However, for the purpose for which they were obtained, the Court exempted properties already put to use. Section 105A of the Land Acquisition Act 2013 as proclaimed unconstitutional, illegal and inoperative by a court division bench of Justices S Manikumar and Subramonium Prasad. As a result, the Tamil Nadu Highways Act, the Tamil Nadu Land Acquisition also becomes unlawful for the Industrial Purposes Act and the Harijan Welfare Act, inoperative and illegal. But, the petitioners succeeded because of the procedure of Article 254(1) rendered the impugned Tamil Nadu laws repugnant, and null and void, as on the date on which the new Act was made.

 

INDIA – Defending India’s Gender-Specific Rape Law: Do Not Change The Know Definition Of Rape, Center Tells High Court

The affidavit submitted in response to the petition claiming that the current law is specific to gender. Defending India’s gender-specific rape law under which the offender can only be a ‘male,’ the Center informed the Delhi High Court that “the current definition of rape should be left untouched under Section 375 (rape). The Ministry of Home Affairs (MHA) indicated in an affidavit submitted before the High Court: “These sections were implemented to safeguard and monitor the increasing rate of sexual offences against females in the nation. “The affidavit of the MHA came in reaction to a petition in the public interest claiming that the current rape law was specific to gender and only protects women. Previously, the High Court had asked the Center to explain its position on the issue, especially in perspective of the Indian Law Commission’s recommendation to make rape laws “gender neutral.”

 

AUSTRALIA – Government Intends To Amend The Marriage Act As Part Of New Legislation To Safeguard Religious Freedom

As part of its religious discrimination act, the Morrison government is trying to amend the Marriage Act, the first time the act has been modified since the same-sex marriage was legalized following the postal study in 2017. On the first day of the 46th Parliament, a list of proposed legislation to be implemented in the winter/spring sitting period was released by the Department of Prime Minister and Cabinet. According to the paper, the legislation would amend a number of current laws, including “marriage law, charity law and anti-discrimination legislation.”

 

INDIA – DNA Test To Determine The Fate Of Son Of Indian Communist Party’s Rape Case

Binoy Kodiyeri, son of the Indian Communist Party (Marxist) Secretary of State Balakrishnan Kodiyeri, received an anticipatory bail from the Dindoshi sessions court on Wednesday (July 3, 2019). However, the court has issued the go-ahead for police to perform a DNA test of  Binoy Kodiyeri’s to get the facts out in the case. A resident of Mumbai accused Binoy Kodiyeri of cheating her into a sexual relationship with a fake promise of marriage. She stated that she had an eight-year-old son from the affair that began when she worked in a bar hotel in Dubai in 2009. The DNA test will be the first and final proof to determine the fate of the case. Victim’s attorneys stated that this is just what they wanted as a DNA test will be conclusive.

 

INDIA – Government Has Decided To Ban E-Cigarettes By Marking Them As Drugs

Reportedly, the government will prohibit e-cigarettes in the nation by labelling them as “drugs.” E-cigarettes, or electronic cigarettes, are smoking-like equipment. E-cigarettes, however, vaporize a liquid that may or may not contain nicotine, rather than burning nicotine like traditional cigarettes. ‘E-cigarettes, or electronic cigarettes, are smoking-like equipment.  Sales of e-cigarettes are presently unregulated in India, and the government has considered banning the devices. However, the government cannot prohibit cigarettes under the present law regulating tobacco products, but only regulate their sale. The government allegedly set up a panel to examine how e-cigarettes should be banned. According to a study from the Livemint business website, the panel found that e-cigarettes could be categorized as “drugs” as they are used for nicotine de-addiction among other purposes.

 

AFRICA – African Court To Launch Its Law Report First Volume On July 04

The African Court Law Report’s First Volume (AfCLR) will be introduced at its Seat in Arusha, Tanzania, on Thursday, July 4, 2019. This volume includes all judgments, including distinct and dissenting views, advisory opinions, rulings, decisions, procedural orders and orders issued by the Court between 2006 and 2016 for interim measures. Each of the cases in the Report involves a short overview of the case along with essential phrases and associated section numbers indicating the precise paragraph in the decision where the Court debated the problems that had been highlighted. A topic index shows the different topics covered by the instances. He added that in publishing the Report, the Court has significantly eased the challenges of access to its case law.

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