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

INDIA – New Anti-Terrorism Law under Which Persons Can Be Labelled As Terrorists Comes into Force: Home Ministry

The new anti-terror law under which people can be proclaimed terrorists and their properties confiscated has come into effect; the Home Ministry announced on Wednesday (August 14, 2019). President Ram Nath Kovind gave its assent to the legislation on August 8 after Lok Sabha passed it on July 24 and Rajya Sabha on August 2.’In exercising the powers granted by sub section (2) of section 1 of the Unlawful Activities Prevention (Amendment) Act, 2019 (28 of 2019), The Unlawful Activities (Prevention) Amendment Act, 2019 also provides for placing a travel ban on such individuals once they are declared as terrorists. The Act gives the National Investigation Agency’s (NIA) Director-General powers to attach properties acquired from terrorist proceeds.

 

INDIA – Use and Application of DNA Technology Regulation Bill 2019: Another Aadhaar Being Produced

The 2019 DNA Technology (Use and Application) Bill was introduced and passed by the Lok Sabha in January this year but lapsed before it could be taken up by the Rajya Sabha. It was reintroduced in July 2019 and is now pending at the Lok Sabha. The Bill seeks to regulate laboratories for DNA testing and analysis by giving for their accreditation, establishing domestic and regional DNA Data Banks to store and retain DNA profiles and a DNA Regulatory Board for their governance. The Bill seeks to regulate the use and application of DNA technology for the sole purpose of establishing the identity of specific categories of persons, including victims, offenders, suspects, in trials, missing persons, and unknown deceased persons and related matters. However, the lack of information security and privacy legislation in India – despite years of discussion and misgivings about Aadhaar biometrics and the Supreme Court’s order declaring privacy a fundamental right – exacerbates fear of further allowing a monitoring state through citizens’ DNA profiling.

 

INDIA – Gujarat HC Appoints 12-Lawyers Senior Counsel

On Tuesday (August 13, 2019), the Gujarat High Court (HC) designated 12 lawyers to exercise “senior counsel” in the high court, based on their expertise and the quality of their practice over the years. Acting Chief Justice AS Dave and other judges designated the lawyers according to the provisions of the Advocates Act at a full court meeting. Those chosen for the post include the incumbent government prosecutor Mitesh Amin, Devang Nanavati, Asim Pandya, I H H Syed, G M Joshi, Satyajit Desai, Jal Soli Unwala, M B Gandhi, Maulin Raval, TP Hemani, BS Patel, and Hasmukh Parikh. Syed is the high court’s first Muslim lawyer to attain this designation.

 

INDIA – Implement Law Prohibiting The Sale Of Tobacco Produces Close to Schools: Delhi High Court to Centre, AAP Govt.

On Wednesday (August 14, 2019), the Delhi High Court directed the Center and Delhi government to ensure effective implementation of the law prohibiting the sale of cigarettes and other tobacco products within a 100-yard radius of educational institutions in the national capital. The Bench of Chief Justice D.N Patel and Justice C Hari Shankar told the city’s two governments and civic bodies and disposed of the PIL by an NGO seeking a full ban on the sale of tobacco goods and cigarettes close academic establishments. The bench also directed the authorities to organize appropriate awareness programs for all stakeholders.

 

USA – New California Law Enables Diners Bring Their Containers

A new law has been passed in California this summer that offers restaurants a procedure for refilling reusable containers for customers. The practise is becoming more common as more and more diners are striving to reduce single-use plastic with their take-out orders or leftovers. However, accepting reusable containers has always been risky. It’s hard to know where they were, how well they were cleaned, and what cross-contamination could potentially happen if they were brought into a commercial kitchen. It has always been up to a restaurant to decide whether to accept the containers of people.

 

INDIA – CCI Modifies Regulations to Speed-Up Approval Of Mergers & Acquisitions

Timelines for the Indian Competition Commission’s (CCI) approval of business combinations may be shorter. This is because the Competition Regulator has amended its regulations governing combinations between companies. The amendments also provide for “green channel” or automatic clearance of deals below a certain size and simplify summary forms. Here are the two main modifications: 1. Green Channel Route for Expedited Combinations seeks to provide such companies with a “green channel path” concessional system for combinations that are likely to have less effect on competition. 2. Simplified Summary Format deals with the competition regulator with prescribed details. Changes have reduced the information required in such summaries.

 

USA – Gov. Tom Wolf Promises to Modify Charter Policy, Claims More Accountability is Required

Gov. Tom Wolf promised on Tuesday (August 13, 2019) to amend Pennsylvania’s charter-school policy to raise accountability for schools that have long been a cause of contention. During a news conference at a school in Allentown, Wolf said he would direct the State Department of Education to alter charter regulations, including tightening ethical norms, charging fees for services supplied by the state, and enabling school districts to restrict enrollment in charters that do not provide “high quality” education. Wolf also added he would push to revise Pennsylvania’s charter law, which he called “one of the nation’s most fiscally irresponsible laws.”

 

INDIA – Indian Court Exonerates 6-Muslim of Murdering Dairy Farmer in the Case of Cow Vigilante

An Indian court on Wednesday (August 14, 2019) acquitted six people of the killing of a 55-year-old Muslim dairy farmer, citing absence of proof, raising concerns about the prosecution’s inability to make its case despite the crowd videos of beating him on the road. The 2017 attack on Pehlu Khan and his Two (2) sons in Rajasthan’s western state by an alleged mob of cow vigilantes triggered public outrage and requests for quick action. Videos shot on via mobile phones showed Khan begging for mercy as the crowd set-up against him after stopping his truck with the cows in the back. He died, but the children survived.

 

USA – Changing the law in New York opens the door Alleged Epstein, victims of the Catholic Church to sue

Scores of individuals in New York State who were sexually abused as kids sued organizations including the Roman Catholic Church on Wednesday (August 14, 2019), the first day a new law temporarily allowed them to file lawsuits over decades of crimes. By the close of business on Wednesday, according to a spokesperson for the court system, 427 such lawsuits had been filed in courts across the state. The vast majority of them were against the church and its various dioceses in the country, as claimants accused priests of sexually abusing them as kids and church officials of covering up the crimes of priests, according to state court documents. The change in law implies that individuals of any age in New York State have a year to lodge a retroactive sexual abuse lawsuit against an alleged offender. After the one-year period expires, victims will have to sue supposed abusers until the age of 55, up from a prior age limit of just 23 years old.

 

INDIA – Law Firm Apologizes To Indiabulls Housing Finance for A False Suit, Shares Jump Up To 14%

Indiabulls Housing Finance received a public apology on Tuesday (August 13, 2019) from law firm Managium Juris LLP for lodging a petition against the housing finance business with fake and sensational accusations linked to the merger with Lakshmi Vilas Bank. Indiabulls Housing Finance denied public money allegations of misappropriation of Rs 98,000 crore. The petition has been logde in the Supreme Court. Indiabulls Housing Finance shares jumped intraday 13.99% to Rs 575.95 per share on the NSE. Managium recognized the reality that they had sensationalized accusations against Indiabulls and harassed the company. At the end of the release, the law firm also hinted other individuals attempting to scuttle Indiabulls Housing merger with Lakshmi Vilas Bank for their own vested interests and reasons.

 

UNITED KINGDOM – A Century-Old Law Used To Solve the £ 300k Inheritance Fight Of Stepsisters

A judge has settled a legal battle between two stepsisters over a £ 300,000 inheritance by applying a century-old law. John and Marjorie Ann Scarle were found dead of hypothermia at their bungalow in Leigh-on-Sea, Essex, three years ago-triggering a dispute over their joint assets. In a case mentioned by lawyers as “exceptional,” Mr Scarle’s daughter, Anna Winter, and Mrs Scarle’s daughter, Deborah Cutler, came to the High Court for their inheritance. Ms Cutler relied on a 100-year-old law that creates a “presumption” that as being the eldest of the two meaning she would inherit the assets through her mother, after died of Mr Scarle, 79. Ruling in favour of Ms Cutler, who now stands to receive all of the £ 300,000 estates, Judge Philip Kramer said he couldn’t be sure which of the pair died first. Therefore, Judge Kramer held that the presumption in favour of the older adult who died first, enshrined in the Law of Property Act 1925, would apply.

 

INDIA – Defendants Denied Entry Into HC Because Of The Strike: Court Tells Chandigarh Advisor, Home Secretary, Police Director to Appear In Person

Observing that the responsibility for ensuring peace, harmony and law and order in the premises of the High Court (HC) rests with the Chandigarh Administration, a functioning Punjab and Haryana High Court on Tuesday (August 13, 2019) asked the UT Advisor, Home Secretary and Police Director General to appear in individual on Wednesday in a matter relating to litigants denied admission to HC facilities by advocates abstaining from work. Earlier in the day, a complete court meeting decided to reject the cases of those proponents who did not appear for the scheduled hearings. Some cases were subsequently dismissed. Following the indefinite strike and protest by the Bar Association over the decision of the Haryana government to set up the Haryana Administrative Tribunal (HAT) to adjudicate the service matters of its staff, the High Court took suo moto notice of the issue.

 

INDIA – Chopper Deal: Delhi High Court Gives Interim Arrest Protection to Ratul Puri

The Delhi High Court on Wednesday (August 14, 2019) provided provisional detention protection to Ratul Puri, Madhya Pradesh chief minister Kamal Nath’s brother, in a money laundering case related to the AgustaWestland Chopper scam until August 20. Justice Sunil Gaur said that the Enforcement Directorate (ED) is free to ask Puri to join the investigation. ED has vehemently opposed the appeal. ED’s counsel said no relief should be given to him as a non-bailable warrant was issued against Puri on August 9, and he was absconding in the case and not joining the investigation.

 

DUBAI – Facts to Know:  Bounced Cheque Cases Do Not End With Imprisonment or a Fine, Top Dubai Judge Clarifies

Contrary to the common belief that bounced check cases in the UAE can be closed by merely paying a fine, representatives in the Dubai judiciary informed Gulf News that it is within the rights of victims to lodge civil cases against those who issue such checks. According to the judge, the victim has three years to file the civil case under UAE law from the moment the issuer was sentenced and paid the fine. Al Daye added that if the Civil Court rules in favour of the plaintiff, a 12% interest rate will also be added to the value of the cheque beginning from the date of issue. The accused is required to pay the amount. According to the 2017 Law of Legal Order No 1 which came into force in December 2017.

 

INDIA – Plea in Delhi HC to Equalize the Legal Age of Marriage for Males and Females

A petition was moved at the Delhi High Court (HC) on Wednesday (August 14, 2019) seeking to equalize the legal age of marriage for men and women, saying that a woman’s 18-year limit amounts to “blatant discrimination.” Men in India are allowed to get married at the age of 21. The public interest litigation (PIL) initiated by BJP leader and attorney Ashwini Kumar Upadhyay asserted that the distinction in the minimum age of marriage for males and females was based on patriarchal stereotypes and had no scientific backing. Besides that, the petition also argues that the difference in marriage age violates the principles of gender equality, gender justice, and women’s dignity.

 

INDIA – Guarantee Sufficient Supply of Anti-Rabies Vaccines in Medical Facilities: Delhi HC to AAP Government

On Tuesday (August 14, 2019), Delhi High Court (HC) directed the Centre, AAP government and the three municipal corporations to ensure an adequate supply of anti-rabies vaccine in the respective hospitals in the national capital. With the direction, a court bench of Chief Justice D N Patel and Justice C Hari Shankar settled a plea by an advocate alleging that an adequate quantity of anti-rabies vaccine was not available in government hospitals.

 

CHINA – Chinese student Sues Disneyland Shanghai for ‘Double Standards’

A Chinese student sues American giant Disney alleging double standards because the company bans tourists to its Asian theme parks from getting their own food. The lawsuit against Shanghai Disneyland requires the entertainment company to task because the same strictures do not apply in their US or European parks. The legal action, which has spurred widespread support on social media, emerges as China and the US spar over trade, and as tensions increase between the two largest economies in the world. The student, surnamed Wang, claims she had violated her “rights” after being prevented from bringing in her own meal, forcing her to purchase “overpriced” food inside the park.

 

INDIA – Bombay High Court Queries the Capacity of CBFC to Certify Movies

In a query questioning the absence of uniform guidelines for film certification by the Central Board of Film Certification (CBFC), the Bombay High Court said on Wednesday (August 14, 2019) that it was evident that none of the board members had the ability to “discern” what was fit for viewing and by whom. A court bench made this observation of SC Justices Dharmadhikari and GS Patel. The Bench heard a petition from the Children’s Film Society India (CFSI) requesting instructions from the CBFC tribunal to hear its plea to issue a ‘ U ‘ certificate to its film ‘Chidiakhana.’ The high court said the court was not a certification board, and that is the case it would only examine the law.

 

EUROPE – Europe’s Quest for the Next Big Star in Soccer Is Driving Modern-Day Slave Trade

More than 15,000 kids are projected to be trafficked into Europe every year with false hopes of becoming professional footballers. In the UK alone, there are more than 2,000 minors who have been trafficked to apparently play football, although the real figure is likely to be even greater. These young kids leave behind their friends and relatives and spend huge amounts of cash on visas, passports, and airfares chasing their dreams. In fact, there is often no club waiting for the player overseas and they are either deserted upon arrival or subjected to slavery, prostitution, and drug dealing – some even end up being victims of sexual exploitation.

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