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

INDIA – Article 370 and 35A Scrapped- India Revokes Special Status for Disputed Jammu & Kashmir In The Midst Of A Crackdown

India’s government on Monday (August 05 2019) revoked Kashmir’s unique status in an effort to fully integrate its only Muslim-majority region with the rest of the nation, the most far-reaching move on the disputed Himalayan land in nearly seven decades. Interior Minister Amit Shah told parliament that the federal government would cancel Article 370, a constitutional provision that gives unique status to the disputed Kashmir and enables the Indian state of Jammu and Kashmir to make its legislation. The move would also imply the revocation of a property purchase bar by individuals from outside the state. Such plans have in the past triggered warnings of a backlash in Kashmir claimed by both India and Pakistan.

 

INDIA – Digital Tax: India Wants To Fix Loopholes In The Law To Tax Global Tech Giants’ Local Incomes Before It’s Too Late

To date, foreign-owned Internet companies, including Google, Facebook, and Twitter, have not paid any tax on the income they generate in India, mainly from advertising as a revenue stream. This was so primarily because there was no law to bring them to the tax net. That’s going to change soon. The Indian government is finalizing a structure that will make non-resident internet companies pay direct taxes on local revenues beyond a threshold. The Indian government is following the notion of ‘Significant Economic Presence,’ introduced in last year’s budget, which specified the limit. The government is looking to set the threshold at Rs 20 crore revenue and 500,000 users according to an Economic Times report.

 

INDIA – Preaching Retired Judges Seldom Look Back On Their Conduct During the Course of Judgeship

All judges who have enlightened jurisprudence with landmark judgments must retire. Post-retirement, most of them do not carry the halo of their famous judgments. They prefer the quietness of retired lives without trying to bask in the reflected glory of their judgments. They know that four will point back to them for each finger they point at judges or the judiciary. Despite their brilliance and fame gained through eloquent judgments, they are not popular with social activists or activist lawyers. They have rarely been invited to give presentations because they cannot preach. But there are exceptions to this.

 

USA – Pennsylvania Foster Children Can Attend College Free Of Charge

A new law in Pennsylvania, which enables foster children to attend college tuition-free. The Fostering Independence through Education Act, signed by Gov. Tom Wolf on June 28, waives tuition for youth in foster care at the age of 16 or older, including those “aged out” of the system or adopted. All colleges and universities in Pennsylvania, including government, private, community colleges, and state-related schools, will start accepting waivers for the fall 2020 semester. The waivers, which also include college application fees, can be used for up to five years or until a student reaches the age of 26. The cost of tuition at the 14 state-owned universities is about $7,700 per year.

 

INDIA – India’s Geologists Champion Law to Safeguard Fossil Treasures

India’s scientists lobby lawmakers to protect the country’s myriad geological sites and fossils from looting and development.  Among the geological gems in the country are a large, scientifically significant dinosaur nest and a formal marker for a geological age. The INSA – Indian National Science Academy in New Delhi and the Society of Earth Scientists in Lucknow shall present a draft bill to politicians on August 6. If enacted in law, the bill will create a national agency that has the power to designate and restrict access to geological and paleontological sites. India presently has no domestic law to preserve these resources, says Delhi-based geologist Satish Tripathi, a member of the Earth Scientists Society and an advisor on the bill.

 

DUBAI – Know the Law: Salaries Cannot Be Reduced Without the Nod of Both Parties, UAE Ministry

If the employer wishes to reduce the salary, a new employment contract signed by both parties should be entered into and presented to the Ministry of Human Resources and Emiratisation (the ‘ Ministry ‘) for approval. Article 60 of Federal Law No. 8 of 1980 regulating employment relations in the UAE (the ‘Employment Law ‘) states that ‘ no amount of money may be deducted from the remuneration of an employee in respect of private claims, except in the following cases: (a) Recovery of advances or amounts of money paid to an employee in excess of his or her entitlements, provided that the amount deducted in this case does not exceed 10% of his or her periodic remuneration; (b) Contributions which the law requires the employee to pay from his or her remuneration, e.g. for social security, insurance schemes; (c) Contributions to an employee’s savings fund or repayment of repayable advances; (d) Contributions to any welfare scheme or to any other privileges or services provided by the employer and approved by the Ministry; (e) fines imposed on the employee for any offense committed; (f) any debt payable in execution of a court judgment.

 

INDIA – Changes In The Law On Automobiles Could Open Floodgates For Grafting: Experts

Drivers and riders will become “ATMs for traffic police officers and officials of the transport department,” traffic and safety experts warned the government while suggesting that preparatory steps be taken before high penalties for violations kicks in. Modifications in the motor vehicle law have been enacted by Rajya Sabha and are all set to pass through Lok Sabha on Monday (August 5, 2019) where BJP has a majority. One of the main focus of the modifications is to considerably increase the penalties for traffic offences, including imprisonment and suspension of driving license. Unless fixed using administrative or legislative measures, this new bill will open the floodgates to confusion, bribery and public intimidation.

 

INDIA – PDP Chief Mufti Should Be Proclaimed A Terrorist And Sent To Prison: Shiv Sena

Shiv Sena claimed on Monday (August 05, 2019) that under the Unlawful Activities (Prevention) Amendment Bill, 2019, PDP chief Mehbooba Mufti should be declared a terrorist and sent to jail for communicating in “terrorism language.” “Mehbooba Mufti warned about Article 35A. Kashmir people should stay ready for sacrifice, she said, echoing the language of separatists”. The home minister should not tolerate that, for it is the language of terrorism,” the party declared in its mouthpiece ‘Saamana’.

 

SAUDI ARABIA – Saudi Arabia Changes Its Guardianship Laws, But Activists Who Fought Against Them Remain In Prison.

The Saudi Arabia’s Council of Ministers approved a royal decree within the week issued by Crown Prince Mohammed bin Salman that would loosen some of the constraints imposed on females through the Kingdom’s network of so-called “guardianship laws,” a move critics argue is too little, too late. The decree marks the most significant modifications to Saudi Arabia’s wilayah, or guardianship, system — a network of women’s movement and behaviour laws that needed them to seek approval or accompany a near male relative in matters of job, recreation, finance, law, and health. According to the Wall Street Journal, the new laws are expected to come into force at the end of August, adding that widespread change may be slow to implement given that many aspects of the guardianship system are upheld by both custom and law. Human rights activists carefully commended the modifications while calling for the release of activists like al-Hathloul.

 

INDIA – Kashmir Article 370: Punjab Prohibits Any Type of Celebration or Protest

After the Center revoked Article 370 on Monday (August 05, 2019), which awarded unique status to Jammu and Kashmir, the government in neighbouring Punjab forbids any kind of celebrations or protests that could vitiate the atmosphere. Chief Minister Amarinder Singh has directed the Punjab Police to be prepared to thwart any attempts by Pakistan to create state disturbance. He ordered increased security for the 8,000-odd Kashmiri students in Punjab and also directed police superintendents and deputy commissioners to meet and speak to them personally.

 

INDIA – Cisco India’s President Says Digital Investment Is Irreversible

Free, open, high-quality Internet access for everyone in India — this is the shared vision of two technology biggies, Cisco and Google. Specifically, their ambitious joint venture has already started its first implementation phase; by September next month, 200 places in Bengaluru will be allowed for Wi-Fi, followed by another 300 in the second stage. “Partnerships will be critical to unleashing the digitization potential,” says Sameer Garde, President, Cisco India & Saarc. The firm also announced at last week’s Cisco India Summit the growth of its Networking Academy program to train one million students in India by 2025. “Talent is another major focus area for us,” he made aware in an interview.

 

UNITED KINGDOM – Man Who Stabbed Police Dog In Stoke-On-Trent Imprisoned Under New Law

A man who stabbed a police dog on the head in a “free” assault while high on drugs has become the first individual to be imprisoned under Finn’s law. Daniel O’Sullivan, 29, confessed attacking Audi as his handler attempted to create an arrest in Stoke-on-Trent. Judge Paul Glenn said the July 1 attack was “plainly premeditated” and imprisoned O’Sullivan for 21 months. O’Sullivan, from the Litherland region, also confessed five counts of assaulting police officers and two counts of having offensive guns. Before the act was enacted, attacks on police dogs were regarded as criminal damage.

 

INDIA – Nigeria Will Allow Detained Shi’ite Muslim Leader To Seek Medical Care In India

Nigerian judge ruled on Monday (August 5, 2019) that the arrested leader of a banned Nigerian Shi’ite Muslim group might seek medical treatment overseas after a series of protests calling for his release turned violent last month. Nigeria banned the Islamic Movement in Nigeria (IMN) in July after a week of protests in which the group said that at least 20 of its participants were murdered in police crackdowns. The police gave no death toll. The group’s leader, Ibrahim Zakzaky, has been held since 2015 when government forces killed around 350 people in a storming of its compound and nearby mosque. He was not released despite a court order to that effect, and the IMN said his detention was illegal.

 

INDIA – Preaching Retired Judges Seldom Look Back On Their Conduct During the Course of Judgeship

All judges who have enlightened jurisprudence with landmark judgments must retire. Post-retirement, most of them do not carry the halo of their famous judgments. They prefer the quietness of retired lives without trying to bask in the reflected glory of their judgments. They know that four will point back to them for each finger they point at judges or the judiciary. Despite their brilliance and fame gained through eloquent judgments, they are not popular with social activists or activist lawyers. They have rarely been invited to give presentations because they cannot preach. But there are exceptions to this.

 

AUSTRALIA – Assisted Dying: Australian Patient With Terminal Cancer First Use The New Law

An Australian female with terminal cancer has become the first person to end her life under fresh assisted dying laws, a charity claims. After a 26-day approval cycle, she was approved to use the controversial law – which only exists in Victoria but is considered in other states. Her family said she could have “the powerful death she wanted.” Ms Robertson was diagnosed with breast cancer in 2010 and subsequently spread to her bones, lungs, brain, and liver.

 

INDIA – Prevent the Slaughter of Goats at Homes during the Forthcoming Eid Festivities: Bombay High Court 

During the forthcoming Eid festivities, the Bombay high court told BMC to take steps to prevent the slaughter of sheep and goats in flats and homes. A division bench of Justices Satyaranjan Dharmadhikari and Sandeep Shinde suggested that vigil could be set up at the entry points of the city to check for illegal animal slaughter. The high court was hearing petitions lodged by Jiv Maitri Trust and Viniyog Parivar, challenging the policy of the civic body to grant the festival temporary no-objection certificates for the killing of sheep and goats.

 

INDIA – Job Vacancy: Bombay High Court Invites Applications for 204 Vacancies in Clerk Posts, Peons, To Apply Online Visit https://bombayhighcourt.nic.in/

High Court of Bombay has invited applications to recruit 128 applicants for the post of clerk, 76 applicants for the post of peon. Applicants can apply for these jobs through online registration at the official website- http://www.bombayhighcourt.nic.in. Online registration for the Peon, Group D (Nagpur Branch) and Clerk, Group C Nagpur branch began from August 03, 2019 and will proceed until August 17, 2019.

 

FRANCE – France Drafts Laws Extending IVF To Lesbians, Single Women

Single women and lesbians in France would no longer have to go abroad to get pregnant with a doctor’s assistance under a proposed law that would give them access to medically assisted reproduction at home for the first time. A bioethics law drafted by the government of French President Emmanuel Macron involves language to expand who is eligible for processes such as artificial insemination and in vitro fertilization or IVF. While the French government says it responds to changes in society, its proposal will surely create discussion when it goes up in parliament next month. At present, French law limits aided reproduction to infertile heterosexual couples only.

 

INDIA – Bombay High Court Requests The Maharashtra Government To Submit Details On The Police Force, Vacancies

On Monday (August 05, 2019), the Bombay high court released a notice to the Maharashtra government requesting information of the present strength and vacancies in the state police. A Chief Justice Bench Pradeep Nandrajog and Justice NM Jamdar released the notification while hearing a suo moto (tribunal recognizing the problem on its own) Public Interest Litigation (PIL) following a prior direction from the Supreme Court. In March, while hearing a PIL on police reforms, the Supreme Court directed its registry to send documents of vacancies in the police department in each state to the high court concerned.

 

INDIA – Pay Interest On Delay In Paying GST Refunds: Gujarat High Court

The Gujarat High Court ordered the authorities to pay interest on delay in paying GST refunds. The authorities were told to pay the interest at a rate of 9% per year. Saraf Natural Stone, a partner company, filed a GST refund claim. There was, however, a substantial delay by the authorities in granting a refund. Following this, the firm wrote to the high court and requested interest from the authorities in the delay. The firm said the authorities did not provide any reason for the delay and it was never in receipt of any deficiency notice that could have resulted in such a delay. However, the authorities — the Revenue Department, the Central Board of Indirect Taxes and Customs (CBIC) and the GST Network — submitted that there was no express provision for entitlement of concern to the firm and therefore there was no merit in this petition.

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