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

INDIA – India’s Bar Council Imposes A Three-Year Moratorium On The Establishment Of New Law Colleges

Taking into account the mushrooming of law colleges in the country, the Indian Bar Council imposed a three-year moratorium on the opening of new institutions barring national law universities if proposed by a state. The apex bar body said it would stress the enhancement of the standard of current institutions and that those without adequate infrastructure or faculty would be closed in the next three years. The bar body also lashed out at the University Grants Commission (UGC), saying that 90 % of law schools do not receive any grant to improve their standards. It also said it was very easy to get an LLM or Ph.D. degree, which is why there was an “acute dearth” of “good law teachers” in the country.

 

INDIA – Former Judges of Punjab and Haryana High Court to Earn Rs 14,000 per Month As New Allowance

Ex-Punjab and Haryana high court judges and their spouses will now get Rs 14,000 per month as assistance or convenience allowance. This is in addition to the existing facilities such as domestic assistance and other benefits. The Chief Justice and other judges passed an order in this regard at a recent full court meeting of the high court. The retired judges and the high court’s chief justices are already permitted to hire national help for their assistance. The high court administration makes payment for domestic assistance.

 

INDIA – To Control Floods, The Government Plans Laws To Handle 13 River Basins

In the context of recurring flood and drought problems in one or the other part of the country, the Center has planned to manage rivers by adopting a basin strategy under a law that can help all inter-state and central agencies work in a coordinated manner. The Ministry of Water Resources (Jal Shakti) has prepared draft legislation that seeks to manage all 13 Indian River basins by setting up exclusive umbrella authorities for each of them. The proposed law contains provisions for making a separate master plan for all river basins. The master plan will assist stakeholders jointly solve bigger problems of flood management, irrigation, navigation, water conservation, and allocation without entering multiplicity complexities at different levels.

 

INDIA -India is No Longer Able To Afford Criminal Provisions: Criminalization of ‘Nothing’

The traditional starting point of criminalization is the “harm principle.” John Stuart Mill explained that “the only purpose for which power can rightly be exercised against his will over the member of a civilized community is to prevent harm to others.” The Supreme Court endorsed this in its September 2018 ‘ adultery judgment. ‘On August 2017, the Supreme Court set aside the practice of Talaq-e-Biddat or Instant Triple Talaq. A triple talaq pronouncement is a void after the court’s decision. Simply put, a Muslim person can say ‘ talaq ‘ as many times as he likes. It’s not doing anything. The marriage shall remain. Being hard on crime requires making intelligent distinctions between behaviour that genuinely threatens the public and behaviour that is better handled by fines or civil law. Those who are unable to make these distinctions, far from being tough on crime, actually weaken the force of criminal law.

 

USA – National Immigration Law Center to Sue Trump administration over Policy, Making It More Difficult for Legal Immigrants to Become Citizens

On Monday’s (August 13, 2019) Trump administration announced a plan that will make it harder for legal immigrants to obtain a green card using public assistance such as food stamps or Medicaid.  Citizenship and Immigration Services Acting Director Ken Cuccinelli said in a press briefing that the administration had amended the government charge inadmissibility rule to guarantee that immigrants are “self-sufficient” instead of depending on government funds. The government charge inadmissibility principle has been a component of U.S. immigration law for more than 100 years, but Monday’s administration redefined the parameters. A new version was published in Monday’s Federal Register. The National Immigration Law Center, however, said it would sue the Trump administration over the new law on Monday.

 

INDIA – Lucknow University Law Course Curriculum Upgraded As Par National Law School

Beginning this academic session, Lucknow University law students will study a curriculum that is on par with India University’s National Law School. In adherence to the rules set by India’s Bar Council, LU’s BA-LLB (Hons) course will have 20% of other subjects. A total of 70 papers are taught through the five-year course’s ten semesters. As many as 14 papers have been updated to include languages such as English and subjects such as psychology and sociology.

 

INDIA – Trump Administration Revises the Endangered Species Act as the critics fear the extinction of animals

On Monday (August 12, 2019), the Trump administration announced a significant overhaul to the Endangered Species Act that it said it would reduce regulations. Environmentalists said the changes would push more animals and plants to extinction due to threats to climate change and human activities. The changes end blanket protections for newly deemed threatened animals and allow federal authorities to take into account the economic costs of protecting a particular species for the first time. The Endangered Species Act protects more than 1,600 species in the U.S. and its territories. At least Ten (10) attorneys general joined conservation groups to protest an early draft of the modifications, stating they would put more wildlife at greater risk of extinction.

 

INDIA – Amarendra Sharan, Former Additional Solicitor General Of India, Dies At 69

Senior advocate and former Indian additional solicitor general, Amarendra Sharan passed away on Monday morning after suffering a cardiac arrest in Rishikesh, Uttrakhand. He was 69 years old. He joined the Bar in August 1975 and began practising at the Patna High Court. When he became the Advocate-on-Record, he started his practice at the Supreme Court in 1981 and was later appointed a Senior Advocate in 2000. He was appointed Additional Solicitor General in 2004 and until 2009 continued to represent the Central Government at the Supreme Court. Expressing shock, the Supreme Court Bar Association, several attorneys, reporters and members of the civil society condoled his passing away and paid their tributes.

 

INDIA – Delhi HC Restricts The Portal From Using ‘ Vistara ‘ On Products; Says It Poses A Danger To Safety

A portal of aviation studies was restricted from the Delhi High Court (HC) offering falsified ‘ Vistara ‘ branded products, which said it posed security risks at airports as it is a distinctive Tata-SIA airline trademark in the aviation industry. The high court said the Pilot 18 Aviation Book Store, which runs the web portal www.pilot18.com, not only sold products bearing the ‘ Vistara ‘ mark but also products from multiple other airlines including Jet Airways, SpiceJet and Air India, which posed a serious security threat. Justice Prathiba M Singh directed Pilot 18 within a month to pay Rs 2 lakh as a price to Vistara Airlines operator.

 

CANADA – Court Declines The Appeal Of Compulsory Retirement From Air Canada Pilots At Age 60.

Former Air Canada pilots who claimed that the company was incorrect to force some to retire at age 60 have rejected a legal challenge by the Federal Court of Appeal. The rejection of an appeal by 18 ex-pilots comes back to a Canadian Human Rights Tribunal ruling that the airline had the right to compel some pilots to retire at an era that is considered being the industry norm. The issue of retirement age for Air Canada pilots has been raised numerous times both in court and in federal court over the past decade in an industry plagued by pilot shortages.

 

INDIA – Delhi HC Directs ISPs to Block Tamilrockers and Other Similar Websites

The Delhi High Court (HC) directed Internet service providers (ISPs) to block access to websites such as Tamilrockers, eztv, katmovies and limetorrents that are supposedly involved in the unauthorized streaming and distribution of manufacturing houses such as Warner Bros, Universal and Netflix films and television series. In his interim order, Justice Sanjeev Narula directed ISPs to block access to all of these websites’ Uniform resource locators (URLs) and IP addresses. The provisional directions fell on the plea of U.S .- based entertainment company Warner Bros who contended that these sites were hosting, streaming and making accessible to the public their original content, as well as that of others like UTV, Star, Paramount, Universal and Netflix, without any permission.

 

INDIA – 2019 Delhi Judicial Service Exam: Check Eligibility Status, Dates and Apply for 45 posts on www.delhihighcourt.nic.in

The High Court of Delhi has invited candidates to apply for the 2019 Delhi Judicial Service Exam. Candidates interested in the examination may apply for it through the Delhi High Court’s official website at delhihighcourt.nic.in. A total of 45 posts will be filled through this examination drive. The last date to apply is September 2, 2019. The applicants applying for the exam should guarantee that they meet all eligibility requirements for admission to the exam. For more about details can also be found on the official website.

 

UNITED KINGDOM – Drug Crime Moves Away From Towns As Prime Minister Is Focused On Law and Order

Recorded drug crime is increasing in many small towns and villages, even as it falls significantly in city centres, the BBC has found. The Prime Minister is launching a review of the sentencing of the most dangerous and prolific offenders and is promising the Crown Prosecution Service an extra £ 85 m over the next two years to assist cope with an increase in violent crime. The focus on law and order is fuelling early general election speculation, BBC political correspondent Jonathan Blake said.

 

INDIA – Notwithstanding the Order of Bombay HC, Animals Sacrificed On Eid-al-Adha In Many Locations In Mumbai

The Bombay High Court (HC) may have prohibited the slaughter of livestock in government locations across Mumbai, but there were several areas where the sacrifices were made in complete public perspective in Mumbai on the occasion of Eid-al-Adha. Navi Mumbai and Panvel also reported slaughtering at public places. A video, reportedly taken in Ghatkopar, soon began making rounds on social media in which streams of blood could be seen running down the streets after animals were sacrificed here in complete violation of the order of the High Court. These incidents are likely to be brought to court notice on August 16, the next hearing date in the case.

 

INDIA – Madras HC Increases the Compensation for Road Mishap Death As Insurance Company Ignores Court Notification

While improving compensation granted to family members of an accident victim from Rs 66 lakh to Rs 93 lakh, the Madras High Court (HC) also imposed a price of Rs 1-lakh on ICICI Lombard General Insurance Company Limited for not honouring court notification and not appearing before the court. In the petition, Bhagavath Kumari presented her husband A. Ashokan worked in Saveetha Engineering College, Thandalam as maintenance manager and earned Rs 60,000 per month. Based on Bhagavath Kumari’s petition and family members, the Motor Accident Claim Tribunal directed ICICI Lombard General Insurance Company Limited to pay them a Rs 66.51 lakh compensation. Family members filed an appeal challenging the Tribunal’s order. The insurance company had been served with the notice, but no one from the company appeared.

 

CANADA – Victorian Parliament to Defend Bill to Let Transgender People Change Birth Certificate without Surgery

The Victorian Parliament is preparing for a debate on the rights of transgender and non-binary people to be able to choose the sex listed on their birth certificates. Under present law in Victoria, for transgender people to have their birth certificate altered to affirm their gender, they have to undergo sex-affirming surgery, often at an excellent expense. On Tuesday (August 13, 2019), the Legislative Assembly will debate the births, deaths and marriage registration bill, which will mean that people will be able to change the sex recorded on their birth certificate to a male, female or sex descriptor of their choice. The main reason for the proposed change is that Trans-people will often have to emerge as trans to prospective employers, landlords and other situations where identification documents are required when they provide documentation.

 

INDIA – Supreme Court Discards the Plea Against The Order ‘Hakku Pratha’

The Supreme Court declined to consider a plea against the judgment of the Karnataka High Court that had quashed the order of the Special Deputy Commissioner confirming the allocation of free sites to homeless people in Bengaluru based on ‘hakku pratha’ issued in 1979. However, a bench of Justices A M Khanwilkar and Dinesh Maheshwari directed the Special Deputy Commissioner to decide the matter again within three months. It directed the officer to send the copy of its order and also sought a compliance report to the registry within the period. The matter related to the state’s valuable land, measuring one acre and 34 guntas, in Bengaluru South, which has remained stuck in litigation since 1979.

 

INDIA – Madras HC Asks Questions about the Worth of Nationalization Policy

Asking the government whether it wants to denationalize public transport corporations, the Madras High Court observed that while nationalization policy was introduced in the interest of the people, the experience in our country proved otherwise. The bench said the transport sector was also nationalized and as a result, the government took over the buses belonging to individuals and companies to run on their own by incorporating companies or corporations so that the transport facilities are made available throughout the country without being driven by the profit motive. The bench asked the state whether the government wants to denationalize public transport corporations. The bench impleaded Secretary, Transport Department, Chairman cum MD State Transport Corporation and all Divisional Managers of all Tamil Nadu State Corporations branches and issued notification posting the matter for further hearing on September 5, 2019.

 

DUBAI – Retirement Benefits: Get to Know Your Legal Rights When You Leave the UAE Job

Request your employer to pay your severance pay (free) as per Article 132 of Federal Law No. 8 of 1980 on Employment Relations in the UAE (‘ Employment Law ‘). You may also ask for all the wages due, including the salary for the annual leave days you have not taken in accordance with Article 79 of the Employment Law Furthermore, you are entitled to repatriation expenses as referred to in Article 131 of the Employment Law and the employer must provide you with the certificate of expertise as referred to in Article 125 of the Employment Law. If your employer disagrees with settling your dues and end-of-service advantages before signing the cancellation of the work permit, you may complain with the Ministry of Human Resources and Emiratisation.

 

INDIA – Birth Certificate Has Precedence over Class 10th Document: Punjab and Haryana High Court

The high court of Punjab and Haryana ruled that the date of birth of a person in the matriculation certificate cannot be given priority over one in the birth certificate published by the registrar, birth and death office. The high court enacted these directions while setting aside a Rohtak court’s decision to declare a murder accused a juvenile on the date of birth in his certificate of matriculation. However, his birth certificate showed that he was one year older than the era provided in the certificate of matriculation. Sonu was alleged to have killed the petitioner’s grandson, Kapil, a Class XII student, by wounding him with a scissor.

 

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