INDIA -India signs UNISA; Experts Call Local Laws Supporting the Implementation of the Treaty in Business Contracts
India signed a key UN convention on international settlement agreements on Wednesday (August 07, 2019), even as experts called for local laws to support the treaty’s implementation in business contracts. India’s High Commissioner for Singapore Jawed Ashraf, representing the Government of India, signed it. 46 Countries have signed the Singapore Convention on Mediation. Singapore Minister of Home Affairs and Law K. Shanmugam valued the powerful assistance of the 70 nations represented at the signing ceremony. He outlined the involvement of the three largest economies in the world, the USA, China and India.
INDIA – Goa Govt. to Relax Law to Enable OCIs, Tourists Marry Under Goa Civil Code
Chief Minister Pramod Sawant and Law Minister Nilesh Cabral told the Goa Legislative Assembly on Tuesday (August 06, 2019) that the state government would introduce an amendment allowing Overseas Indian nationals (OCIs) cardholders and visitors who wish to register their marriage in Goa under the Common Civil Code to do so without the present one-month stay period. The problem was raised in the House by BJP legislator and St Cruz MLA Antonio Fernandes, who demanded that the stay period be lowered to 15 days instead of a month as the present law inconveniences OCI cardholders with Goan origins.
INDIA – Indian Parliament Votes To Change The Status Of Kashmir And Give New Delhi More Control Over The Contested Region
India’s Parliament voted to reorganize and reclassify the state of Jammu and Kashmir, a far-reaching and extremely controversial step that will give the government in New Delhi higher power over the disputed Muslim majority region. The bill — passed by Parliament’s lower house, the Lok Sabha, on Tuesday (August 07, 2019) — will change the administrative status of Jammu and Kashmir from a state to a union territory. State governments retain significant authority over local issues in the Indian system, but New Delhi has more say in a union territory’s affairs.
USA – The Rent Control Laws Of New York City Erase Property Rights And Worsen Housing Supply
New York has transformed private property into government-run subsidized housing without paying the bill, or in any other manner compensating holders for using their private property as a government subsidy. So no wonder a coalition of estate owners sued New York City for violating its constitutional rights. New York’s rent-stabilization laws decrease that right to irrelevance by forcing landlords to renew rent-stabilized leases as long as the tenant — or family members of the tenant — decide to live there. New York has made its affordable housing problem worse and infringed the rights of its residents in the process. If the town is serious about legally solving this issue, it should restore ownership rights and free the market so that approximately 1.8 billion square feet of unused residential development space can be used.
INDIA – Indian Coal Plants Must Comply With the Law
A significant proportion of India’s electricity comes from coal-fired power plants. Although the South Asian country has quickly installed renewable energy capacity in the latest years, coal still accounts for almost two-thirds of its power generation capability. Existing thermal generators were anticipated to conform by December 2017, and new plants were needed to conform at the commissioning stage from January 2017. However, nearly none of these polluting plants had installed the machinery required to regulate these emissions by December 2017, and the government extended the date to 2022. “Most experts believe that the deadline will still see many plants failing to meet the new standards. To prevent this scenario, the Ministry of Power must take a more stringent stance that prevents all non-compliant crops from producing unless they display a definite retirement or phase-out schedule or have made material strides in awarding tenders and starting the building process.
INDIA – Chinese Debate Status of Kashmir and Hong Kong after India Discarded Out J-K’s Special Status
India’s decision to revoke special status of Jammu and Kashmir has sparked discussion on China’s social media about whether Beijing should deal similarly with Hong Kong, engulfed in violent anti-mainland protests for several weeks. China rules Hong Kong under the “one country, two systems” norm under which city people enjoy several rights that are not available to mainland citizens; it has a high degree of autonomy except in defence and foreign affairs. Hong Kong is one of China’s unique administrative areas such as Macau; in other words, it has “special status.”
GERMANY – German court: The Compensation for Flight Delays or Cancellations Has Limitations
Germany’s highest civil court has stated that travellers cannot double compensation under EU and German law. The precise significance of EU passenger rights law has been challenged several times in German courts. Germany’s Federal Court of Justice (BGH) held on Tuesday (August 6, 2019) that domestic travel law limits the number of compensation travellers can receive for delayed or cancelled flights. Under EU law, passengers may receive up to € 600 as a lump sum payment from airlines to compensate them for being unable to board a booked flight or if their flight is cancelled or postponed by more than three hours. The decision confirms choices taken in Frankfurt by lower-level courts. German law also enables passengers to claim extra compensation for expenses incurred as a consequence of the delay or cancellation.
INDIA – SC Put an End on Jurisdictional Conflict between CCI and TRAI
The Supreme Court (SC) upheld a Bombay High Court decision of 21 September 2017 on 5 December 2018 and finally ended the conflict of jurisdiction between India’s Competition Commission (CCI) and India’s Telecom Regulatory Authority (TRAI). By invoking the doctrine of harmonious construction, the Supreme Court (SC) balanced the scales and gave the TRAI the authority to first determine the rights and responsibilities of the parties, after which – if the TRAI thinks that anti-competitive activity has happened – the jurisdiction of the CCI may be invoked.
INDIA – U.S. President Sues California over New Tax Return Law
U.S. President Donald Trump sued California on Tuesday (August 06, 2019) for a fresh law that requires presidential candidates to publish their tax returns to run in the state’s primary elections. The lawsuit, filed by Trump’s personal lawyers in Sacramento’s federal court, argues that the statute signed in law last week is unconstitutional because it sets out illegal new rules governing who can seek the presidency. The complaint also claimed that the law retaliates against Trump for his apolitical views and thus violates his right to free speech under the U.S. First Amendment. Constitution.
FRANCE – In the First Year Of ‘ Cat-Call ‘ Law, France Fined More Than 700 For Harassing Women
Since the introduction of a law a year ago to stop cat-calls, lewd remarks, and gestures, French authorities have fined more than 700 men for harassing women in public. Those who break the law face potential on-the-spot fines of up to € 750 (S$1,157) or € 1,500 if there are aggravating situations such as the victim being under 15. The law, implemented as part of tougher legislation to combat sexual violence, penalizes hostile, degrading, humiliating or intimidating sexist or sexual words or behaviour. The Ministry of Gender Equality, Marlene Schiappa, spearheaded the legislation.
INDIA – New Law against Triple Talaq Faces Ground Testing With Muslim Women Seeking A Mechanism For Speedy Trial
The women’s organization is planning to approach law minister Ravi Shankar Prasad and Ministries of Minority Affairs and Women and Child Development to demand some type of mechanism in which these women get assistance and can be connected to some practical livelihood options. Soman pointed out that it must be recognized that it was a challenging journey for those women who came out against the community to approach the courts. “There are several of them still suffering in silence, and only when those who have shown the courage to come out get justice and support to find their feet will other women come forward in their position,” Soman added.
ITALY – UN Warns Italy of Laws to Fine NGO Migrant Rescue Ships up To EUR 1 million
The UN agency for refugees expressed concern Tuesday (August 6, 2019) over a law approved by Italy’s parliament that imposes stricter penalties on NGO migrant rescue boats in the Mediterranean, demanding that humanitarian work “not be criminalized or stigmatized.” The text, adopted by Italian lawmakers in a confidence vote on Monday (August 8, 2019), gives more power to hard-right Interior Minister Matteo Salvini to block ships carrying rescued migrants from entering Italian waters. NGO boats involved in search and rescue operations can be confiscated and their captains fined as much as EUR 1 million, up from the current EUR 50,000, according to the text still to be signed by Italian President Sergio Mattarella.
INDIA – ‘A Complete Blackout’: Kashmiri-Canadians Unable To Contact Relatives Since India Cut the Internet
Several Kashmiri-Canadians say they have been unsuccessful in contacting their relatives in the region following an unforeseen political move by India. The Indian government announced on Monday (August 5, 2019) it would revoke the disputed region of special status in Kashmir, challenging much of its future. Hours before that, thousands of freshly deployed soldiers arrived in the Indian-controlled region, and Internet and telephone services were cut without warning.
INDIA – Delhi HC: Khandaani Shafakhana Is A Golden Opportunity To Lift The Stigma Above Sexual Illness
The Delhi High Court (HC) dismissed a plea challenging the title of the film Khandaani Shafakhana, saying it offers a golden opportunity to approach a broader cross-section of society on the need to impart sex education and lift the stigma associated with sexual diseases and their treatment. Justice Rajiv Sahai Endlaw, in his judgment, said the film showed the societal change brought about on the topic. The court’s observations fell on a plea filed by Vijay Abbot, a Delhi-based sexologist who claimed the film defamed him and his profession.
SPAIN – Police Patrol, The Spanish Steps Of Rome, To Impose A Sitting Ban
In the 1953 film “Roman Holiday,” Gregory Peck and Audrey Hepburn perched there without a care. But the Spanish Steps in Rome are no longer a place to sit. Enforcing an ordinance that came into effect last month, police officers patrolled the famous stone staircase on Wednesday (August 7, 2019) to tell locals and visitors “Please, no sitting” on one of the most recognizable landmarks in the Eternal City. But as of July 8, sitting, eating and drinking on them is illegal and can result in a fine of up to 400 euros ($450.) The ordinance also applies to other photogenic locations in Rome, such as the Trevi Fountain.
INDIA – Delhi HC: Khandaani Shafakhana Is A Golden Opportunity To Lift The Stigma Above Sexual Illness
The Delhi High Court (HC) dismissed a plea challenging the title of the film Khandaani Shafakhana, saying it offers a golden opportunity to approach a broader cross-section of society on the need to impart sex education and lift the stigma associated with sexual diseases and their treatment. Justice Rajiv Sahai Endlaw, in his judgment, said the film showed the societal change brought about on the topic. The court’s observations fell on a plea filed by Vijay Abbot, a Delhi-based sexologist who claimed the film defamed him and his profession.
INDIA – Titan Receives Interim Relief, Delhi HC Informs Snapdeal To Delist Counterfeit Watches
Delhi High Court granted Tata Group Company Titan ad-interim relief against e-tailers and restricted them from selling, advertising or otherwise dealing in products bearing Titan and Titan’s Fastrack marks. A Tata press release said the court order dated July 29, 2019, also directed e-commerce player Snapdeal to take down within 24 hours of the order, the URLs against which Titan had lodged complaints. Commenting on the ad-interim relief, S Ravi Kant, Chief Executive Officer, Watches and Accessories Division, Titan, said: “numerous cases of widespread trademark infringement and counterfeiting have come to light in the latest past, and we think this can only be countered by powerful legal measures.” Snapdeal said that he welcomed the order.
INDIA – Goodbye, Swaraj Sushma. The Minister Of The People Cremated With Complete State Honors
Former External minister Sushma Swaraj was cremated yesterday (August 7, 2019)Â with complete state honours at the Lodhi crematorium in New Delhi. She died at AIIMS on Tuesday (August 6, 2019) evening after suffering a heart attack. Sushma Swaraj was 67. A host of leaders and dignitaries paid homage to Sushma Swaraj, who was a strong orator and a distinguished Union minister. She was also the most accessible minister of external affairs, which modified the face of the ministry during her tenure. Her commitment to RSS-BJP ideology was evident in her last tweet that she put out moments after the Lok Sabha gave its approval to the move of the Narendra Modi government to abrogate Jammu and Kashmir’s special status under Article 370.
INDIA – Do Not Write FIR With High Sounding & Bombastic words: Delhi High Court
Delhi High Court on Wednesday asks the Delhi Police Commissioner to clarify why they use Urdu / Persian phrases while recording DD entries, FIR, Statement of Witnesses collected under Section 161 Cr. P.C. The court said easy language should be used instead of the words ‘ High Sounding ‘ and ‘ Bombastic.’ A bench headed by Chief Justice DN Patel & Justice C Hari Shankar heard a plea submitted by Vishalakshi Goel seeking directions to take measures to replace archaic and hard words & phrases of Persian and Urdu with simple words of Hindi and English for official use by Delhi Police. The Court, however, said the language should be easy and understandable to everyone. Too much flowery language, the significance of which is to be found by a dictionary, should not be used.
INDIA – Calcutta High Court Dismisses the Arrest Warrant against Mukul Roy
On Wednesday (August 7, 2019), the Calcutta High Court set aside an arrest warrant against BJP leader Mukul Roy in connection with an alleged recovery of unaccounted cash from a person. The high court directed that the initial proceedings concerning the supposed recovery of the amount will proceed before the city court. On July 29, the Additional Chief Metropolitan Magistrate, Kolkata, issued a warrant against Roy on a prayer by the Burrabazar police station, alleging non-cooperation on his part in investigating the case. While giving him the relief, the Delhi High Court told Roy to join the investigation into the case and be accessible for interrogation.
INDIA – Bombay HC Directed To Give An ICSE School Boy With Learning Disabilities 20 Marks Grace
Recently, the Bombay High Court (HC) directed an ICSE school in Mahim to grant 20 grace marks to a Class 9 student with a learning disability (LD). The student had failed on a subject and was asked to repeat a year. The HC also directed the school to update the student’s mark sheet, promote him to Class 10 and issue a leaving certificate so that he can transfer to another school. His mother appealed to the school after the student failed his English exam this year, saying he had not been granted the benefit of a 2006 HC order that directed all schools in the state to give 20 grace marks to students with LD.
