Legal News Shots- Best National And International Picks of The Day
Legal News Shots- Best National And International Picks of The Day

INDIA- Hardline Indian group allied with Narendra Modi demands a ban on Burkha

PM Modi was approached by the hard line Hindu group stating that the burqa has nothing to do with Islam, rather the women in India who wear it are merely following the tradition of the Arab world. The group mentioned Sri Lanka’s prohibition of the veil worn by some Muslim women in the garb of which militant bomb attacks had taken place there that killed more than 250 people and so Sri Lanka has banned the burkha to help security forces to identify people under an emergency law put in place post-Easter Sunday. The same should be followed by India for the identical purposes said the group.

 

INDIA-  Not even one out of 3,500 lawyers passes the District Judge exam in Tamil Nadu- All Flunked!

The preliminary examination for appointment as district judges in Tamil Nadu was taken by 3,563 candidates that included lawyers, pleaders, assistant public prosecutors and serving judicial officers and all flunked the exam. Most of them had at least 7 years at the bar. Red-faced advocates lashed out on Facebook blaming the poor showing of vague, twisted, unclear questions and negative marking. V Vasanthakumar, who has 13 years at the Bar also took the exam and couldn’t make it also said, “They expected us to solve the entire case by just providing a single word answer from the four answers provided, which is practically impossible”.

INDIA- Supreme Court seeks Election Commission reply on voter prosecution 

The Supreme Court has sought the Election Commission’s response on a plea which sought striking down of a provision in election rules that envisages prosecution of an elector if a complaint alleging malfunctioning of EVMs and VVPATs cannot be proven.  The plea said 49MA of the Conduct of Elections Rules was unconstitutional as it criminalized reporting of malfunctioning of EVM or VVPATs. The plea contended that the onus of proving an allegation cannot be on a voter when machines used for voting showed ‘arbitrary deviant behaviour’.

 

INDIA- Notice issued by the Delhi High Court on a writ petition against writing-off NPAs & waiving-off loans by banks

The Delhi High Court on Monday has issued a notice to the government in a petition which has been filed by an advocate, Reena N. Singh against the waiving of non-performing assets (NPAs) of the banks and has also requested a restraint on the loan waiver schemes announced by the political parties in their election manifesto. Singh has alleged that such waivers increases fiscal deficit and spoils the country’s economy. She had earlier filed the petition in the Supreme Court which was dismissed as withdrawn. “That the present petition is against the misuse of public money due to forced Non Performing Assets (Bank NPA’s) by government in the form of Loan waivers including Farm/Agriculture loan and writing off of Bank NPA’s and offering of Loan Waiving and offering of monetary schemes by political parties for attracting voters for their political motives.

 

INDIA- CJI Case- Restricting the media from publishing allegation against the CJI refused by the Delhi High Court

The Delhi High Court Monday refused to entertain a plea seeking to restrain the media from publishing allegations of sexual harassment against Chief Justice of India Ranjan Gogoi by a former Supreme Court employee. A bench headed by Chief Justice Rajendra Menon and Justice Anup Jairam Bhambhani disposed of the plea filed by an NGO saying that the top court is seized of the matter and various orders have been passed, including directing initiation of the certain inquiry. Once the top court is seized of the matter interference in the matter by this court is not called for, the bench said. “We have considered the contentions advanced and we are of the considered view that when the issue is pending consideration before the Supreme Court in the suo motu writ petition…and the Supreme Court has already expressed itself…, judicial propriety and discipline require that this Court should not interfere in the matter at all, when the matter is sub-judice before the Supreme Court.

 

INDIA- Merger of 63 Moons with NSEL set aside by the Supreme Court of India

The Supreme Court on Tuesday ruled against the government decision to merge 63 Moons with crisis ridden and loss making National Spot Exchange Limited (NSEL). The apex court allowed an appeal against a Bombay High Court order that upheld the merger decision. “We have allowed the appeal,” said a bench of Justice Rohinton Fali Nariman and Justice Vineet Saran in their judgment setting aside the High Court order. Justice Nariman said that the bench has set down certain norms that includes the objective criteria and public interest for taking recourse to such a merger. The 63 Moons had moved the Supreme Court challenging the High Court’s verdict giving nod to the government decision to merge it with its loss making subsidiary NSEL.

 

 

INDIA- The Madras High Court tells the TNPSC to fill up vacancies through the reserve list

The Madurai Bench of the Madras High Court directed the Tamil Nadu Public Service Commission (TNPSC) to publish a reserve list for recruitment as mandatory under Rule 15-A of the Tamil Nadu State and Subordinate Service Rules, and to fill up vacancies through reserve list before issuing fresh notifications. Justice R Mahadevan passed the order on a Public Interest Litigation (PIL) petition filed by one Paramanandam, who had qualified in an examination in 2014 for the post of Assistants and Personal Clerk but could not get posting, seeking direction to appoint him in the vacancies that arose due to either non-joining or ‘leaving after joining’ of selected candidates based on merit list. Taking note of the submissions and RTI reports produced by Paramanandam, the judge noted that there are a lot of vacancies to be filled up for the said post, owing to joining-and-leaving or non-joining of candidates who had been selected.

 

INDIA- A marriage refusal does not entitle a Man to stab a Women says Madras High Court

Expressing concern over the rising incidents of spurned lovers brutally attacking women, the Madras High Court on Monday observed that refusal to marry does not give men the right to stab women while denying bail to an accused. “These incidents continue to happen because man thinks that a woman is a chattel and she has to concede to whatever a man demands. This attitude has to be changed and no man has any right to compel any girl to fall in love with him or to marry him,” the judge said. Justice Venkatesh directed prison authorities to provide psychiatric counseling to the accused to bring him to “normalcy. The judge passed the order on a bail application moved by Kavin who has been arrested for stabbing his girlfriend who refused to marry him.

 

USA- Asylum rules to toughen- Officials directed by President Trump

U.S. President Donald Trump directed officials to toughen rules for asylum seekers on Monday, including by introducing a fee for their applications and barring those who entered the country illegally from working until their claims are approved. The moves are the latest effort by the Trump administration to stem a growing number of migrants crossing the U.S. southern border, many of whom then seek asylum in the United States. Many of the changes would be dramatic shifts in how asylum seekers are treated, but would also require time-intensive regulatory procedures before they go into effect, which will likely take months.

 

USA- Terror suspect claimed ISIS sympathies and planned to bomb Los Angeles freeways and the Santa Monica Pier, says the FBI

Authorities have arrested a Los Angeles man described as a U.S. military veteran on terror-related charges that include threats against a local landmark and freeways. The suspect was identified as Mark Steven Domingo, 26, of Reseda, California, according to a press release issued Monday by the U.S. Department of Justice. It said Domingo “was arrested Friday night after he received what he thought was a live bomb, but in fact was an inert explosive device that was delivered by an undercover law enforcement officer as part of an investigation by the FBI’s Joint Terrorism Task Force.”

 

UK- Rape victims among those to be asked to handphones to police

Victims of crimes, including that alleging rape, are to be asked to hand their phones over to police – or risk prosecutions not going ahead. Consent forms asking for permission to access information including emails, messages and photographs have been rolled out in England and Wales. It comes after a number of rape and serious sexual assault cases collapsed when crucial evidence emerged. Victim Support said the move could stop victims coming forward. But police and prosecutors say the forms can plug a gap in the law which says complainants and witnesses cannot be forced to disclose relevant content from phones, laptops, tablets or smart watches. Director of Public Prosecutions Max Hill said such digital information would only be looked at where it forms a “reasonable” line of inquiry, with material going before a court only if it meets stringent rules.

 

UK- After Brexit, Sex discrimination likely to worsen in British Immigration law

The British government’s plans for migration control after Brexit may, if implemented, exacerbate existing sex discrimination in immigration law. My own recent research shows that men are significantly more likely than women to benefit from key migration opportunities – including the ability to work in the UK as skilled labour migrants. Not only do the immigration rules that distribute these opportunities disadvantage women, they may also unlawfully discriminate against them. It is these rules that the government plans to extend and build upon after Brexit.

 

AUSTRALIA- An Australian study finds, Older, male lawyers most prone to face a formal complaint

Older, male lawyers working outside of major urban areas are the most likely to face a formal complaint, despite women comprising half of the legal workforce, a landmark study has found. In the first comprehensive study of risk factors for complaints against legal practitioners, researchers examined 20,090 lawyers aged between 26 and 65 years registered to practice law in Victoria in the decade to June 2015. They also obtained all disciplinary complaints lodged with the Legal Services Board and Commissioner (LSBC) in the same period, finding 15,887 complaints made against 4,180 lawyers.  Over two-thirds of complaints – 69% – involved men, the study found. Nearly half the complaints involved lawyers with trust account authority. Clients or members of the public lodged 91% of complaints and 7% were lodged by lawyers’ peers. The LSBC itself was the source of 2% of complaints. The study also found three complaint issues featured heavily: the cost of legal services (36%), competence and diligence (22%), and ethical matters (21%). More than half of all complaint issues related to three areas of law: family law (24%), property (19%), and wills and estates (13%)

 

 

UAE- Warning issued for job seekers on a 6-months visa to UAE

 

Violators will face a fine of Dh100 for the first day, followed by a fine of Dh25 for every day of delay. The Federal Authority For Identity and Citizenship has called on all immigrants entering the country with a ‘job seekers’ visa to pay attention to the visa’s validity. The authority also called on people to regularize their status in accordance with the provisions of the law of entry and residence of expats in the state, and refrain from violating the law.
The authority confirmed that the temporary six-month residence visa doesn’t require a sponsor and is not subject to exemption or extension. All those who have obtained the temporary visa should transfer his or her residency under a sponsor or leave the country before the visa expires in order to avoid penalties, which include fines and may result in imprisonment and deportation from the state.

 

 

UAE- Employing a visitor in UAE can cost you a heavy fine of Dh50,000

It should be noted that it is illegal to work in the UAE without a valid work permit issued by the Ministry of Human Resources & Emiratisation and the UAE residence visa. The foreigner who obtains a visit visa may not work anywhere in the country with or without pay or on his own. If the visa is issued to work for an individual or an establishment, the holder may not work for another individual or establishment without the written consent of that individual or establishment and the approval of the Directorate of Nationality and Immigration.

 

 

FRANCE- Death of 30 hammerhead sharks invites legal action against Europe’s largest aquarium 

Europe’s biggest aquarium faces legal action over the deaths of 30 hammerhead sharks, as the charges condemn them of mistreatment of the sharks resulting in fiiling of a Lawsuit by Sea Shepherd France that accuses the aquarium of “serious mistreatment” of the sharks and “breaches of environmental law”. Hammerheads are an endangered species, notably because of the practice of ‘shark-finning’ in which their fins are removed. Unable to swim properly, they sink to the sea bottom and die. Fishing of hammerheads is regulated under the CITES international treaty. Twenty of the sharks were transported to the aquarium after being captured off Australia in 2011. Last year Nausicaá bought another 10 baby sharks. Many of the sharks, weakened by the fungal infection, reportedly attacked and killed each other.  Their deaths are hugely embarrassing for the aquarium, which has been known for protecting fish and marine animals and championing environmental causes for three decades.

 

IRAN- Lawyer who fights for women rights rewarded punishment of 148 lashes for voicing in Iran

More than 120,000 people have signed the viral petition to free human rights lawyer, Nasrin Sotoudeh, 55, who represented protesters against the Islamic Republic’s mandatory headscarves for women, many of whom filmed themselves taking off the scarves and posing on social media. As a result, Mrs. Sotoudeh was arrested in June and charged with spying, spreading propaganda and insulting Iran’s supreme leader.  Her husband, Reza Khandan revealed that she had been condemned to “38 years in prison and 148 lashes”. This is not the first time Mrs Sotoudeh has suffered under Iran’s Islamic republic, she was imprisoned in Iran from 2010 to 2013, after defending protesters who had been arrested during the 2009 demonstrations against the contested re-election of ex-president Mahmoud Ahmadinejad.  The state put Mrs. Sotoudeh behind bars in this case for “acting against national security” and “propaganda against the regime”. The global petition is demanding Mrs. Sotoudeh’s unconditional release.

 

IRAQ- Undocumented children rise to 45,000 in Iraq- Denied basic rights

There are about 45,000 internally displaced children in Iraq who lack civil documentation, as per the Norwegian Refugee Council (NRC) report. This figure only involves children in displacement camps who do not have birth certificates; given that there are an estimated 870,000 displaced children around the country, the total number of undocumented children is thought to be far higher. These children have either lost their Iraqi government-issued identification or only have birth certificates issued by the Islamic State of Iraq and the Levant (ISIL or ISIS) because they were born in areas controlled by the group. In few other cases, the documents might have been confiscated by the Iraqi security force due to perceived affiliation with ISIL, while many parents had their documentation taken by ISIL. Without Iraqi documentation, thousands of children are unable to access healthcare, education, and freedom of movement within their own country. As they grow up, this lack of documentation puts them at risk of not having their marriages recognized and not being able to find work and housing.

 

 

 

 

 

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