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

INDIA – Model Tenancy Law Will Leave Lakhs Of Tenants Homeless: City Congress Chief

City Congress chief Milind Deora said on Friday (July 5, 2019) that the model tenancy law recommended by the Center would leave lakhs of tenants’ homeless, particularly in Mumbai. During the presentation of the budget, Finance Minister Nirmala Sitharaman announced a draft law. It will be finalized shortly, Sitharaman said, adding that the present tenancy regulations are “archaic” as they do not deal fairly with the lessor and lessee relationship. Deora called the law “anti-people” and that this is the third attempt to introduce it.

 

INDIA – The Commissioner of the Court Cannot Give An Opinion, Karnataka Claims

Just because a reduced court has appointed a ‘court committee’ in breach of regulations, it is not essential to file a writ petition in the High Court challenging it. However, the HC also reiterated the rule that a court commissioner could not express an opinion.KM Pathrose, a litigant,  argued in the HC that “no Court Commissioner should be appointed as continuously held by this Court until after the recording of proof has been completed; However, the Court Commissioner was appointed even if there are no exceptional circumstances to the normal rule; the Court Commissioner could not be appointed to collect evidence in an injustice suit; the Court Commissioner could not say who is or is not in possession of the property”. The High Court decided after the arguments that “the Court Commissioner will not be appointed ordinarily until after the proof has been recorded.”

 

INDIA – Punjab and Haryana HC Are Directing the Private Veterinary Institute To Provisionally Admit Internship Student

The High Court (HC) of Punjab and Haryana has directed a private veterinary college, the International Institute of Veterinary and Research, Rohtak, which is an affiliated private college of the University of Veterinary and Animal Sciences, Lala Lajpat Rai, Hisar, to temporarily admit students for an internship without insisting on charges. The division bench headed by Justice Daya Chaudhary passed these instructions while hearing Naveen and some other students ‘ request against the college’s decision to pay exorbitant fees for a six-month internship program. The bench also directed both the university and private college within two weeks to file their response on the issue.

 

INDIA – Senior Lawyer Approaches The Judge Of The District Over Commercial Cases

A senior city lawyer approached the district judge Dr A C Joshi’s court on the problems faced by litigants and commercial lawyers after the state government dissolved the courts and the business cases were moved to principal senior civil judge and senior civil judge. Advocate Prakash R Thakkar presented to the court an administrative request to either move his two cases back to the commercial court or refer them to the high court of Gujarat for their view. Thakkar’s cases were lodged in the commercial by his clients under the Arbitration Act. However, according to the legislation, arbitration disputes can only be heard and decided by the district court.

 

USA – Financial Officer, Jeffrey Epstein On Allegations Of Sex In Court

According to law enforcement authorities, wealthy financial and registered sex offender Jeffrey Epstein is due in court following an arrest in New York on new charges of sex trafficking involving accusations dating back to the early 2000s. Epstein, a rich hedge fund manager who once counted former President Bill Clinton, Prince Andrew of Great Britain, and President Donald Trump as friends, was taken into federal custody on Saturday (July 6 2019) and is expected to appear in federal court in Manhattan on Monday (July 8 2019), three law enforcement officials told The Associated Press. One of the authorities said Epstein was charged with paying for messages to underage girls and molesting them at his Florida and New York homes.

 

INDIA – Income Tax Gives A Fresh PAN To A Person Who Files Tax Returns With Only Aadhaar: CBDT Chairman

The taxman will ‘suo motu’ allot a fresh PAN to an individual who files tax returns only with Aadhaar as part of a new agreement to connect the two databases; the CBDT chief said after the budget suggested that only the biometric identification is sufficient for tax purposes. The permanent account number (PAN) is “certainly not dead” and the recent budget announcement of the two databases’ interchangeability is an “additional facility” to ensure their linkage, which is now mandatory under the law, said the Chairman of the Central Board of Direct Taxes (CBDT), Pramod Chandra Mody. The apex court declared the flagship Aadhaar scheme of the Center constitutionally valid in September last year and held that the biometric ID would stay compulsory for filing income tax (I-T) returns and PAN allocation.

 

INDIA – SC Sustains The Authority Of The Army Court

The Supreme Court (SC) upheld an appeal from the home ministry, arguing that General Assam Rifles Court, an army wing, was empowered under the Prevention of Corruption Act to attempt Assam Rifles. L. Nageswara Rao and M.R. Shah Justice Bench. Shah laid aside the concurrent results of a single judge and a Gauhati High Court Division Bench, which said that only a specially appointed court of sessions, set up under the PC Act, could attempt to corrupt military staff. The high court passed the verdict on Ranjit Kumar Saha’s appeal and another Assam Rifles soldier challenging a General Assam Rifles Court (GARC) trial against them.

 

USA – Holidays May Become School Days Under The New Law Of Pennsylvania

Pennsylvania will permit school districts to transform school cancellations into school days by providing lesson plans to students at home. The bill signed by Gov. Tom Wolf on Tuesday writes a three-year pilot program into legislation to allow all school districts to participate in the flexible instruction day program. Under the law, students do not attend college physically. Rather, they have to get and complete classes at home so that a flexible training day counts towards the 180 days of training presently needed annually. The law caps the flexible instructional days of a school at five a year.

 

INDIA – SC Our Only Hope: Family Of A Partially Paralyzed Assam Man Named A Foreigner

The Supreme Court (SC) stays the only ray of hope for the Azizul Hoque family, a partially paralyzed person from the Nagaon district of Assam who has been languishing since 2017 in a detention camp for declared foreigners. In 2018, Hoque even made it to the draft national citizens ‘ register, but it was part of the latest exclusion list. “The Supreme Court will give us justice,” said the brother of Hoque, Nazirul Islam, who is doing strange jobs for a living. The family stays in the Nagaon district town of Singiapathar in the Center of Assam. On Wednesday (July 03, 2019), the Supreme Court released notices to the state government and the Center after accepting Hoque’s petition.

 

INDIA – Today, Delhi HC To Hear Plea Demanding For Uniform Civil Code

On Monday (July 8 2019), the Delhi High Court (HC) will hear a plea requesting a Uniform Civil Code (UCC) formulation. The court released a notification to the home ministry and law commission on May 31, but as of now, no reply has been submitted by either. For July 8, a division bench of the Chief Justice Rajendra Menon and Justice Brijesh Sethi listed the case to be heard. Bharatiya Janata Party (BJP) leader and advocate Ashwini Kumar Upadhyay lodged a government interest litigation (PIL). In his request, Upadhyay sought direction to the government to create up a judicial commission or high-level specialist committee to draft the UCC in the spirit of Article 44 of the Constitution within three months, while considering the best practices of all religions and sects, advanced countries ‘ civil legislation and global conventions. He also sought guidance in publishing the draft for at least 60 days on a government website to enable comprehensive public discussion and feedback.

 

USA – Workplace Discrimination Based On Hairstyle Now Prohibited, A New California State Law

Workplace discrimination based on the hairstyle is now banned under a new California state law that Gov. Gavin Newsom has just signed. Newsom signed the bill earlier this week to provide legal protection against discrimination based on their natural hair for individuals in workplaces and K-12 government schools. The new law enters into force January 01 and bans grooming policies prohibiting certain styles, including Afros, braids, twists, cornrows and dreadlocks. In December, the new law came into focus when a referee compelled a black wrestler from a high school in New Jersey to cut his dreadlocks or forfeit his game.

 

INDIA – For The First Time, Delhi High Court Chief Justice’s Courtroom Goes Paperless

The offer by Delhi high court (HC) to go paperless received a boost with the initiative being taken by his new chief justice. Court number one of the courts has become an e-court for the first time, with Chief Justice D N Patel’s bench running paperless. Commercial courts and a few single-bench high court courtrooms have been produced partly or entirely digital, but never the one presided over by the chief justice. Sources said one of Chief Justice Patel’s first measures, after taking office last month, was to go paperless, eliminating large amounts of case documents.

 

INDIA – Gandhi Nagar Anil Bajpai’s former Aam Aadmi Party MLA Moved the Delhi HC Accusing Speaker Of The Delhi Assembly

Gandhi Nagar Anil Bajpai’s former Aam Aadmi Party (AAP) MLA, who defeated the BJP just before the Lok Sabha elections, approached the Delhi High Court on Saturday, accusing Delhi Assembly Speaker Ram Niwas Goel of favouring the governing party. Bajpai requested the ‘ recusal ‘ of Goel to hear the petition for anti-defection conducted by AAP against him. On June 20, AAP moved an anti-defection request to join the BJP days before the Lok Sabha elections against Bajpai and Bijwasan MLA Devinder Sehrawat – both AAP rebels. The petition, which has not yet been accepted as it has yet to be clarified for hearing by the Delhi High Court, claimed that by joining demonstrations organized by AAP, Goel had brought “complete disregard for the virtue, morality and integrity of being a speaker.” However, Goel declined to comment on the accusations raised against him.

 

INDIA – Non-use Of Condoms Without The Consent Of Your Partner Is Act Of Sexual Assault: Canadian Court

 

An Ontario court held that a person who had unprotected sex after agreeing to wear a condom committed sexual assault because his conduct invalidated the consent of his sexual partner. The complainant-woman and the man met through an online dating app. The lady agreed on two circumstances to have sex with him. First of all, a condom was a must and second, “no means no.” The man declined the accusations that it was she who began the sexual act without insisting on using the contraceptive. The Court decided to accept the version of events of the complainant from the totality of situations.

 

INDIA – Lateral Engineering Admissions: No Basic Right To Prestige, Bombay HC Rules

Calling the requests before it “a requirement for urban-centric elitism,” the Bombay High Court (HC) said that learners seeking admission to high schools do not have a fundamental right to prestige. On Friday (July 5 2019), the Bench of Justice S C Dharmadhikari and Justice Gautam Patel rejected two requests lodged by 15 engineering schools challenging the December 31 2018 notification by which the All India Council for Training Education (AICTE) lowered the proportion of lateral entry-level engineering diplomas in second-year engineering courses from 20% to 10%. A degree in engineering needs a student typically to take a competitive centralized exam after Class XII. Successful applicants are then registered in a four-year degree.

 

INDIA – High court in Bombay: No Right To Education For The Child When The Father Has Funds To File PILs

The high court in Bombay has told a man that he is not entitled under the Right to Education Act to admit his son to any college because he has enough cash to prosecute several litigations in the public interest. Sapan Shrivastava from Dombivli claims to be a right to data activist who also lodged PILs against the rail and municipal corporations. He also submitted PILs for RBI, SEBI, IRDA, FDA, hotels, and developers. In a 2017 FIR filed by a southern Mumba chemist for extortion, Shrivastava is on bail and personifies a public servant.

 

JAPAN – The Federal Food Agency Defends The Transport Of Live Slaughter Horses And Human Consumption In Japan

The federal government is attempting to quash a lawsuit launched by advocates of animal welfare who want to stop exporting Canadian horses to Japan and South Korea for slaughter and human consumption. The Canadian Food Inspection Agency (CFIA) defends its equine transport and enforcement policies against allegations that it fails to fulfil legal obligations to guarantee humane and secure shipping. The CFIA also said in its June 17 court filing that amended rules set to kick the case “moot” in the coming year.

 

INDIA – Work on the sewage network Of Madipakkam to start in 2020, Madras HC Informed

On Friday (July 5 2019), the Chennai Metropolitan Water Supply and Sewerage Board informed the High Court (HC) in Madras that it would start building for the Madipakkam underground sewerage system in July 2020 and finish the job by June 2023. The board submitted to lawyer Ayyamperumal, a Madipakkam resident, approached the high court stating that the system had remained a non-starter, pledged eight years earlier. Metrowater R Jeyaratchagan’s Superintendent Engineer (Planning and Design) produced the submission through a counter affidavit. He presented that the board had phased in the planning and execution of the water supply system and the subterranean sewerage system for the 42 newly added fields of the Chennai Corporation. The petition was sent on July 8 by a division bench of Justice S Manikumar and Justice Subramonium Prasad.

 

INDIA – The Commissioner of the Court Cannot Give An Opinion, Karnataka Claims

Just because a reduced court has appointed a ‘court committee’ in breach of regulations, it is not essential to file a writ petition in the High Court challenging it. However, the HC also reiterated the rule that a court commissioner could not express an opinion.KM Pathrose, a litigant,  argued in the HC that “no Court Commissioner should be appointed as continuously held by this Court until after the recording of proof has been completed; However, the Court Commissioner was appointed even if there are no exceptional circumstances to the normal rule; the Court Commissioner could not be appointed to collect evidence in an injustice suit; the Court Commissioner could not say who is or is not in possession of the property”. The High Court decided after the arguments that “the Court Commissioner will not be appointed ordinarily until after the proof has been recorded.”

 

UNITED KINDOM – Hope Barden: Death In The Role Of Sex Prompts Law To Alter The Plea

Hope Barden, 21, was discovered to be asphyxiated for a pub landlord over 250 miles away after performing a degrading sex act on the internet. A coroner held that she had been killed unlawfully, and the mom of Hope said she was “left to die.” Lily, sister of Hope, has called for new laws to avoid further fatalities. Hope was discovered dead in Burton-upon-Trent after she filmed herself for a “bold” internet voyeur “for sexual gratification reasons,” Coroner Andrew Haigh of Staffordshire said. The magnitude of his encouragement to her to carry out this act and his inability to accurately report when she lost consciousness make it clear that the male was so subjectively reckless as to amount to homicide, “Mr Haigh ruled in last week’s Hope inquiry.

 

INDIA – Kathua Gangrape And Murder Case: Punjab And Haryana HC Admit The Plea Of The Primary Convict Sanji Ram

On Friday (July 05), the primary convict in the Kathua gangrape and murder case appealed against his conviction to the High Court of Punjab and Haryana, which accepted the petition on the same day. “Admitted. Fine recovery will stay suspended during the appeal pending,” said a division bench comprising Justices Rajiv Sharma and Harinder Singh Sindhu. The court listed July 18 for hearing all of the six convicts ‘ appeals in the case, the reports revealed.

 

DUBAI – Know The Law: Noisy Neighbours can be ejected from the rented Dubai flat

We imagine you’re staying in a rented or owned apartment in Dubai. As a tenant or owner, you are entitled to live quietly in your flat. A building’s corridors are designated as common fields. This is in accordance with Article 7(1) (a) of Law No. 27 of 2007 on Joint Property Ownership in Dubai (Joint Property Law of Dubai). Based on these law regulations, you may approach your apartment landlord or building management and complain about the children of your neighbors and their relatives.

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