Page 22 - Law

Maha clears amendment to enable eviction from to-be-redeveloped buildings

The Maharashtra cabinet on Tuesday approved a proposal to amend law so that a house owner who opposes the redevelopment of a building against the wishes of a majority of residents can be evicted. The Maharashtra Apartment Ownership Act, 1970, will be amended accordingly, and it is expected to expedite the process of redevelopment of buildings registered under the Act, an official release said. As per an amendment of July 7, 2018, a building can be redeveloped if at least 51 percent of apartment/flat owners give their consent. But the Act did not provide for any clear course of action against the members who stall redevelopment by refusing to move out despite the majority decision. The weekly cabinet meeting here was chaired by Chief Minister Eknath Shinde. The cabinet also asked officials to conduct 'pancha-namas' or spot inspection reports of the soybean crop affected by the yellow mosaic disease speedily.

Bihar announces 10% reservation for EWS in judicial services, law colleges

The Nitish Kumar government in Bihar on Tuesday announced 10 per cent reservation for economically weaker sections (EWS) in the judicial services, and the state-run law colleges and universities. The decision was taken at a cabinet meeting chaired by the chief minister. "The cabinet approved amendments in the guidelines of the State Judicial Services, 1951, allowing 10 per cent reservation for EWS category in judicial services and also in state-run law institutes and universities," said Additional Chief Secretary (Cabinet Secretariat) S Siddhartha. A notification with the details will soon be issued by the department concerned, he said. The state cabinet also gave its approval for the construction of 100 veterinary hospitals in the state, Siddhartha said. "A total of 100 first-class veterinary hospitals will be constructed in different districts of the state. Besides, there will be training centers at all these hospitals. For this, Rs 225 crore will be spent in 17 districts," he .

Law panel recommends rolling out registration of e-FIRs in phased manner

The Law Commission has recommended rolling out registration of e-FIRs in a phased manner beginning with offences bearing up to three years jail term. In a report submitted to the government earlier this week and made public on Friday, the law panel proposed setting up a centralised national portal to facilitate registration of e-FIRs. It said e-FIRs will tackle long persisting issue of delay in the registration of FIRs and allow citizens to report crimes in real time. In his letter to Law Minister Arjun Ram Meghwal, Law Commission Chairman Justice Ritu Raj Awasthi said, "Due to the march of technology, means of communication have progressed in leaps and bounds. In such a landscape, clinging on to an archaic system of registering FIRs does not augur well for criminal reforms.

Judge rejects bid to free FTX founder Sam Bankman-Fried during his trial

A judge on Thursday closed the door on FTX founder Sam Bankman-Fried's hopes to be free during his trial, although he extended the hours that the cryptocurrency peddler can meet with his lawyers in a federal courthouse. At a hearing, Judge Lewis A. Kaplan rejected a request by Bankman-Fried's lawyers to free their client so he could better prepare his defence against charges that he defrauded cryptocurrency investors. Bankman-Fried, 31, faces the start of his trial Tuesday in Manhattan. He has pleaded not guilty. His lawyer, Mark Cohen, told Kaplan that he cannot meaningfully confer with his client as long as Bankman-Fried is jailed at the Metropolitan Detention Centre in Brooklyn. And he insisted that there was no risk that Bankman-Fried would flee, prompting Kaplan to interrupt him. The closer we get to trial, the more I'm wondering about that, Kaplan said. "Your client, if there is conviction, could be looking at a very long sentence. If things begin to look bleak maybe he fee

SC rejects PIL alleging exorbitant air fare for destinations in Gulf

The Supreme Court has refused to entertain a plea alleging exorbitant air fares from destinations like Dubai to Kochi and Thiruvananthapuram in Kerala. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra asked the Kerala Pravasi Association', which filed the PIL, to move the Kerala High Court with its grievances. The PIL also challenged one of the rules of the Indian Aviation Act which permits airlines to set ticket prices, and alleged it violated the citizens' right to travel and resulted in exploitation of Indian travellers. Having regard to the nature of the cause of action in the present case, we are of the considered view that it would be appropriate for the petitioners to take recourse to the remedy under Article 226 of the Constitution of India. Granting liberty to the petitioners to do so, the Writ Petition is disposed of, the bench said in its order on Wednesday. The association alleged the air fare to and from Gulf destinations to .

No timeline for finalising simultaneous polls report: Law Commission chair

Work is still continuing on the issue of simultaneous polls and no timeline has been given for finalising a report on it, Law Commission Chairman Justice Ritu Raj Awasthi said on Wednesday. He also said the reports on the Protection of Children from Sexual Offences (POCSO) Act and online FIRs have been finalised and sent to the law ministry. "Still some work is going on on simultaneous elections. We have not finalised the report. There is no timeline for finalising it," Justice (retired) Awasthi, who was the chief justice of the Karnataka High Court, told reporters here. According to the procedure, all reports of the law panel are submitted to the Union law ministry, which then forwards those to the ministries concerned. The issue of simultaneous polls is pending with the law panel for years. The previous Law Commission had suggested three options to hold simultaneous Lok Sabha and Assembly polls, but said several points remained to be addressed. In a public appeal issued along w

No recourse for user facing action by social media platform: Bombay HC

The Bombay High Court on Wednesday said it was troubled by the fact that the recently amended IT Rules to curb online fake news against the government offer no recourse to a person whose social media post has been removed or account suspended after being flagged by the proposed Fact Checking Unit (FCU). A division bench of Justices Gautam Patel and Neela Gokhale questioned where such a person would go when their post is unilaterally closed with no recourse available. It may or may not have a chilling effect but still needs to be considered, Justice Patel said. The bench was hearing arguments on a bunch of petitions challenging the amended Information Technology (IT) Rules. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines have filed petitions in the HC against the Rules, terming them arbitrary and unconstitutional and claiming that they would have a chilling effect on the fundamental rights of citizens. Solicitor General Tushar Mehta

SC raises issue of pendency of 70 Collegium recommendations with Centre

With 70 collegium recommendations still stuck with the government, the Supreme Court on Tuesday expressed its dismay over the "delay" in the appointment of judges and asked the attorney general to use his office to resolve the issue. After a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia raised the matter, Attorney General R Venkataramani sought a week's time to come back with instructions on the pending recommendations for judges' appointment to the high court. "Today, I am quiet because the attorney general has sought a very short time, next time I will not be quiet. Use your good office to see these issues are resolved," Justice Kaul told Venkataramani during the hearing. The bench said, "There were 80 recommendations pending until last week when 10 names were cleared. Now, the figure is 70, of which 26 recommendations are of transfer of judges, seven are reiterations, nine are pending without being returned to the collegium and one case is of appointment of the Chief

Proposed criminal laws seek to provide justice rather than punishment: Shah

Union Home Minister Amit Shah on Sunday said the three proposed criminal laws are people-centric, have the flavour of Indian soil and their main purpose is to protect the constitutional, human and personal rights of citizens. Addressing the International Lawyers' Conference organised by the Bar Council of India here, Shah also said the approach of the three bills is also to provide justice rather than mete out punishment. He appealed to all lawyers in the country to provide their suggestions to the Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) so that the country can have the best laws that benefit all. The three bills, which were introduced in the Lok Sabha on August 11, will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively. "India's criminal justice system was imprinted with colonial law. All three new bills do not have colonial impr

1984 riots case: Court acquits Sajjan Kumar, 2 others of rioting, murder

Special CBI judge Geetanjali Goel on Wednesday acquitted Sajjan Kumar, Brahamanand Gupta and Ved Prakash

Himachal CM Sukhu introduces bill seeking to repeal 13 obsolete laws

Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on Wednesday introduced a bill seeking to repeal 13 laws that have outlived their utility. The enactments which have "lost their significance or have become obsolete and redundant" or whose retention as "separate, independent and distinct act" is unnecessary are proposed to be repealed, Sukhu said. The new legislation is called the Himachal Pradesh Repealing Bill-2023. The acts proposed to be repealed include the Presidency Small Cause Courts Act, 1882; Agriculturists Loans Act, 1884; Provincial Small Cause Courts Act, 1887; Mandi Minor Forest Produce Exploitation and Export Act, 1997 and 1941. The Chamba Minor Forest Produce Exploitation and Export Act, 2003 and Punjab Tobacco Vend Fees (Repealing) Act, 1953 are also proposed to be repealed. The Himachal Pradesh Private Forest Act, 1954; the Punjab Labor Welfare Fund Act, 1965; Punjab Professions, Trades, Callings and Employment Taxation (Himachal Pradesh Repealing) Act, 1968

Florida's immigrants grapple with a disrupted reality under new law

For many in Florida's vast immigrant community, daily life in recent months has become one governed entirely by fear. Some try to drive as little as possible and make fewer trips to the supermarket. Others no longer take their children to the park and worry about allowing them to attend school. Others still are hiding out avoiding travel to other states, not getting regular medical check-ups, or closing their businesses and leaving town. And many are just on high alert all because of a new immigration law Republican Gov. Ron DeSantis signed in May. One of the strictest in the nation, the law criminalised transporting immigrants lacking permanent legal status into the state, invalidated any US government identification they might have and blocked local governments from providing them with ID cards. Florida hospitals that receive Medicaid are now mandated to ask patients about immigration status and businesses employing 25 or more people must verify their workers' legal status. Ot

SC calls for NALSA report on plea to implement women integrated help system

The Supreme Court on Friday called for a report from the National Legal Services Authority (NALSA) on a plea seeking a direction to implement the NALSA women integrated help system, which provides a hassle-free access to justice to women victims of violence, in all states and Union territories. The plea said the project is operating on a pilot scale in Jammu and Kashmir and Chhattisgarh for the last three years. The petition said it is a technology integrated system of the 181 women helpline, the NALSA legal aid helpline 15100 and all other government schemes that are meant to provide women and girl victims of violence a hassle-free access to the criminal justice system, and empower and protect them from violence. The plea came up for hearing before a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia. Senior advocate Colin Gonsalves, appearing for petitioners The National Federation of Societies for Fast Justice and Aman Satya Kachroo Trust, said the results have been ...

Court adjourns Naidu's bail plea to September 19 in corporation case

A local Court in Vijayawada on Friday adjourned the hearing of two bail petitions filed by TDP chief N Chandrababu Naidu to September 19. Naidu, who has been remanded in judicial custody for 14 days for the alleged misappropriation of funds from the Skill Development Corporation, leading to a loss of over Rs 300 crore to the state government, had filed an interim bail petition as well as one seeking regular bail. "The court heard the matters in detail and directed the matter to be posted to Tuesday, September 19 to enable us (CID lawyers) to file a counter affidavit," Special Public Prosecutor Y N Vivekananda, representing the CID, told PTI. He said the CID team of lawyers have opposed both the bail petitions on the grounds of maintainability and made submissions on the merits of the matter. Considering that Naidu's legal team not filing a counter affidavit to CID custody seeking petition and also the High Court being seized of these matters, Vivekananda said they have requested th

Nagaland sets up select committee to examine state's Municipal Bill 2023

The Nagaland Assembly on Thursday constituted a seven-member Select Committee headed by Deputy Chief Minister T R Zeliang to examine the Nagaland Municipal Bill, 2023. The Assembly had on Tuesday decided to refer the Bill to the Select Committee after the members deliberated on the Urban Local Bodies (ULBs) election which has not been held in the northeastern state for almost two decades. The announcement about the formation of the Select Committee was made by Speaker Sharingain Longkumer before declaring the session sine die. The detailed order on the working of the Committee will be notified by the Assembly Secretariat, but normally any such panel set up to refer to a government bill needs to submit its report within three months, Longkumer told PTI. The Bill was tabled in the House on September 12 by Chief Minister Neiphiu Rio following a deliberation of the members on matters of urgent public interest on Urban Local Bodies Elections. During its March session, the Assembly had

SC's real-time data now available on National Judicial Data Grid: CJI

The CJI said the step was taken to bring in transparency and accountability and the platform will aid in tracking of pendency of cases

X Corp, formerly Twitter, deposits 50% of fine amount in High Court

X Corp (formerly Twitter) on Wednesday informed the High Court of Karnataka that it has deposited Rs 25 lakh following a division bench order on August 10. The company had challenged the single judge order of June 30 to deposit Rs 50 lakh by August 14. The division bench in its earlier hearing of the appeal on August 10 directed the company to deposit half the amount to allow the appeal and for the X Corp to show its bonafides. The division bench comprising Chief Justice Prasanna B Varale and Justice MGS Kamal after hearing the appeal by the micro-blogging site against the order of Justice Krishna S Dixit had passed its order on August 10. The single judge bench had dismissed X Corp's petition challenging the take-down orders on Tweets, URLs and hashtags issued by the Ministry of Electronics and Information Technology (MeiTY). The single judge bench had also imposed a cost on the company in its judgement on June 30. The single judge had held that the company did not comply with th

Govt clears eCourts Project phase-III, with financial outlay of Rs 7,210 cr

The Union Cabinet on Wednesday approved the third phase of eCourts Project as a central sector scheme with a financial outlay of Rs 7,210 crore to be implemented over four years. Briefing media after a Cabinet meeting chaired by Prime Minister Narendra Modi, Information and Broadcasting Minister Anurag Thakur said the eCourts Mission Mode Project is the prime mover for improving access to justice using technology in line with the PM's vision of "Sabka Sath, Sabka Vikas and Sabka Vishwas". As part of the National eGovernance Plan, the eCourts Project is under implementation since 2007 for ICT enablement of the Indian Judiciary. The Phase II of the project has concluded in 2023. Phase III of the e-Courts Project, beginning 2023, in India is rooted in the philosophy of "access and inclusion", the minister said. The third phase is aimed at ushering in a regime of maximum ease of justice by moving towards digital, online and paperless courts through digitisation of the entire court reco

Prepare manual on media briefings by police about criminal cases: SC to MHA

The Supreme Court on Wednesday directed the Ministry of Home Affairs to prepare a comprehensive manual on media briefings by police personnel about criminal cases. Observing that biased reporting gives rise to public suspicion that the person has committed an offence, a bench headed by Chief Justice D Y Chandrachud said media reports can also violate the privacy of a victim. The top court also directed DGPs of all states to submit suggestions in a month to MHA on preparing manual for media briefings by police in criminal cases. "All DGPs, in a month, should communicate to Ministry of Home Affairs, their suggestions for guidelines...NHRC's suggestions may also be taken," the bench said. The top court was hearing a plea regarding modalities followed by police in conducting media briefings where probe is in progress.

India's law on farmers' rights can be a model for the world: Droupadi Murmu

President Droupadi Murmu on Tuesday said India's law on protection of plant varieties and farmers' rights can be emulated for the entire world as it gains importance amid the challenges of climate change. Addressing the first ever global symposium on farmers' rights here, the President said India has taken a lead in introducing the Protection of Plant Varieties and Farmers Rights Act (PPVFR), which is aligned to the International Treaty on Plant Genetic Resources for food and agriculture to protect farmers. India provides a range of rights to farmers that include use, reuse, save, share and sell the unbranded seeds of a registered variety. Besides, farmers can register their own varieties which get protection, she said. "Such an act can serve as an excellent model worthy of emulation for the entire world," the President noted. She further said this gains importance amid challenges posed by climate change and also to fulfill the Sustainable Development Goals of the United Nations.