Page 6 - Law

Govt proposes to amend Geographical Indications law, seeks comments

The government is planning to amend the Geographical Indications (GI) of goods' law and has sought comments from public and concerned stakeholders for the same. Stakeholders can submit their comments and suggestions by October 10. "The Department for Promotion of Industry and Internal Trade (DPIIT) is in the process of amending the Geographical Indications of Goods (Registration and Protection) Act, 1999," according to a public notice of the commerce and industry ministry. A GI is primarily an agricultural, natural or manufactured product (handicrafts and industrial goods) originating from a definite geographical territory. Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin. There is a proper process of registration of GI products which includes filing of application, preliminary scrutiny and examination, show cause notice, publication in the geographical indications journal, opposition to ...

Govt considering three bills to implement 'One Nation, One Election' plan

The government is likely to bring three bills, including two to amend the Constitution, to put in place its plan to hold simultaneous elections. One of the proposed Constitution amendment bills, that deals with aligning the local bodies elections to that of the Lok Sabha and the Assemblies, will require an endorsement from at least 50 per cent of the states. Moving ahead with its 'one nation, one election' plan, the government earlier this month accepted the recommendations of the high-level committee for holding simultaneous polls for the Lok Sabha, state assemblies and local bodies in a phased manner after a countrywide consensus-building exercise. The proposed first constitutional amendment bill would deal with making provisions for holding Lok Sabha and state legislative assembly elections together. Citing recommendations of the high-level committee, sources said the proposed bill would seek to amend Article 82A by adding sub-clause (1) relating to the 'appointed date'. It will

Govt notifies Advocates Amendment Act, to come into force on Sep 30

The Law Ministry on Friday notified a law which seeks to punish touts functioning in courts. The notification said the central government appoints September 30 as the date on which the provisions of the Advocates (Amendment) Act, 2023 will come into force. Passed by Parliament in the fag end of 2023, the law provides for preparation and publication of lists of touts. Tout means a person who procures, in consideration of any remuneration from any legal practitioner, business from him or her. But at the same time, no one's name will be included in any such list until he has been given an opportunity to prove innocence. All the aspects which are dealt with in the Legal Practitioners Act, 1879 are already covered under the Advocates Act, 1961 except the matter relating to 'touts'. All sections of the Legal Practitioners Act, 1879, except three sections have been repealed through the Advocates Act, 1961. The Law Commission in its report 'Obsolete Laws: Warranting Immediate Repeal' had

CJI advises young law graduates to be great minded, compassionate humans

Chief Justice of India DY Chandrachud on Sunday said true leaders recognise their strengths and weaknesses, and use their strengths to build others up while seeking help to cover their blind spots. Speaking at the 32nd Annual Convocation Ceremony of National Law School of India University (NLSIU) here, he stressed on the importance of individuality and decision making with patience. "The process of decision-making is filled with uncertainty but this is hardly anything to be afraid of because it is precisely in these moments of uncertainty that your character is forged. Whatever your path is in the coming years, your own decisions are likely to have positive consequences and I urge you to embark on this journey with patience and humility as your companions," he said. Highlighting the virtue in being patient, Justice Chandrachud said studies have shown that we have become a generation of short-term gratification. "The exigencies of a rapidly changing world, climate change, new modes

Bombay HC strikes down amended IT Rules, terms them as unconstitutional

The Bombay High Court on Friday held as unconstitutional and struck down the amended Information Technology (IT) Rules which sought to identify fake and false content on social media against the government. The matter was assigned to Justice A S Chandurkar as 'tie-breaker judge', after a division bench in January delivered a split verdict on the petitions challenging the amended IT rules. Justice Chandurkar on Friday held that the rules violated constitutional provisions. "I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India," the judge said. The expression "fake, false and misleading" in the Rules was "vague and hence wrong" in the absence of any definition, he added. With this ruling, the high court allowed the petitions filed by stand-up comedian Kunal Kamra and others challenging the new rules, including the

Editors Guild welcomes HC verdict quashing amended IT Rules on fake news

The Editors Guild of India on Friday welcomed the Bombay High Court verdict striking down as unconstitutional the Information Technology Amendment Rules of 2023 on the formation of fact-check units by the government. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules sought to empower the Central government to form a Fact-Check Unit to identify "fake and misleading" information on social media platforms about its business. The Guild had moved the Bombay High Court in June last year, challenging the constitutional validity of certain provisions of the IT Amendment Rules of 2023. It had raised its concerns in its statement in April last year, stating that amendments to the IT Rules will have deep adverse implications for press freedom in the country. The Bombay High Court, while observing that the amended rules infringed the right to equality and freedom of speech, also said the rules being vague and broad could cause a "chilling effect

Centre amends regulations related to amalgamations under companies law

The government has amended certain rules governing mergers under the companies law and amalgamations involving a foreign holding company and its wholly-owned Indian subsidiary will now require prior RBI approval. Amendments have been made to the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 by the corporate affairs ministry. The changes are with respect to "transferor foreign company incorporated outside India being a holding company and the transferee Indian company being a wholly-owned subsidiary company incorporated in India" entering into a merger. In such cases, the ministry on Monday said both the companies shall obtain the prior approval of the Reserve Bank of India (RBI) and the transferee Indian company should also comply with the provisions of Section 233 under the Companies Act. Broadly, Section 233 pertains to mergers and amalgamations of certain companies. Sandeep Jhunjhunwala, Partner at Nangia Andersen LLP, said the trend of reverse flipping ha

SC directs Bengal's protesting doctors to resume work by 5pm on Tuesday

The apex court also flagged the at least a 14-hour delay by Kolkata Police in registering an FIR in the rape and murder of the doctor

SC grants bail to ex-promoter of Bhushan Steel in money laundering case

A Bench of Justices Sanjiv Khanna and PV Sanjay Kumar granted bail to Singal observing that he was in jail for 16 months and the trial against him was not proceeding

Gave enough chances to repay Rs 10K crore dues: Supreme Court to Sahara

The court said it has received information that the capital markets regulator currently has Rs 15,000-odd crore in the SEBI-Sahara Fund

Supreme Court moved by prolonged legal battle of woman against divorce

The trials and tribulations of a woman fighting a protracted legal battle against a family court granting the decree of divorce to her estranged husband multiple times has moved the Supreme Court to the extent that it said the judicial system was "grossly injudicious" to her. The woman, who got married in 1991, gave birth to a son a year later and was deserted by her husband. He filed for divorce in a family court in Karnataka which not once but thrice granted the decree of divorce in favour of her husband disregarding the fact that he was not paying anything either to her or their minor child for maintenance. The family court was asked multiple times by the high court, which the woman approached against the grant of divorce, to decide afresh the petition of her husband. Each time the man managed to get the divorce decree. The high court, in the third instance, approved the family court's decision granting divorce to the husband on payment of permanent alimony of Rs 20 lakh. The ..

1984 anti-Sikh riots case: Court orders framing of charges against Tytler

A Delhi court Friday ordered framing of charges for murder and other offences against Congress leader Jagdish Tytler in a case related to alleged murder of three people in the north Delhi's Pul Bangash area during the 1984 anti-Sikh riots. Special CBI judge Rakesh Siyal said there was sufficient evidence against him to put him on trial. "Sufficient ground is there to proceed against the accused person," the judge said. A witness had earlier submitted in the charge sheet that Tytler came out of a white Ambassador car in front of the Gurdwara Pul Bangash on November 1, 1984 and instigated a mob by saying "Kill the Sikhs, they have killed our mother," following which three people were killed. The court ordered framing of charges for several offences, including unlawful assembly, rioting, promoting enmity between different groups, house trespass and theft. The court has listed the matter for September 13 for formally framing the charges.

Samir Modi case: Police asks Apollo to explain 2 discharge summary dates

According to the FIR, viewed by Business Standard, the surgery years have allegedly been mentioned as 2019 and 2024 in the two different discharge summaries

Court to decide on August 28 if Rau's IAS Study Circle can access premises

A Delhi court will decide next week whether to allow Rau's IAS Study Circle to access the premises of its Old Rajender Nagar building, where three UPSC aspirants died in July after rainwater flooded its basement. Chief Judicial Magistrate Nishant Garg on Wednesday posted the matter for August 28 after hearing the arguments of the advocates appearing in the case. In an application, Rau's IAS Study Circle CEO Abhishek Gupta sought the relief, claiming that it was required to ensure the smooth running of classes. "Arguments on the application have been heard including arguments on behalf of Ld. counsel for the victim. Put up on August 28, 2024 for orders," the judge said. During the arguments, senior advocate Rebecca John, appearing for Gupta, submitted that access to the building was required so that the students could continue their studies. She claimed that the Central Bureau of Investigation (CBI) cannot prohibit access to the building. "They (CBI) can prosecute me (Gupta), but

Padma awardee doctors write to PM Modi seeking law for healthcare workers

Expressing anguish over the Kolkata rape-murder incident, over 70 Padma awardee doctors have written to Prime Minister Narendra Modi demanding quick enactment of a special law to deal with violence against healthcare personnel and implementation of improved safety protocols in medical facilities. They suggested that the Centre bring an ordinance immediately to ensure the "harshest possible punishment" to those who indulge in violence against healthcare workers, whether verbal or physical. There have been widespread protests by healthcare personnel and others following the alleged rape and murder of a woman trainee doctor at the state-run R G Kar Medical College and Hospital and claims of a botched-up investigation and cover-up. The Indian Medical Association (IMA) and other doctors' bodies are pressing for a central law to ensure the safety of medics. Among those who have written the letter are former Director General of ICMR Dr Balram Bhargav, former AIIMS Delhi Director Dr Rande

First meeting of Parl joint committee on Waqf Bill to be held on Aug 22

The first meeting of the Parliament's joint committee on the Waqf (Amendment) Bill will be held next week. The committee, chaired by BJP member Jagdambika Pal, will meet representatives of the ministries of minority affairs, and law and justice on August 22, a notice from the Lok Sabha secretariat said. The representatives from the minority affairs ministry are also expected to brief the committee on the "amendments proposed on the Bill", the secretariat said. The Bill is the first major initiative from the BJP-led NDA government aimed at reforming the registration process for Waqf properties through a centralised portal. It proposes several reforms, including establishing a Central Waqf Council alongside state Waqf Boards with representation to Muslim women and non-Muslim representatives. A contentious provision of the Bill is the proposal to designate the district collector as the primary authority in determining whether a property is classified as Waqf or government land. The

US sues TikTok, parent company ByteDance over children privacy violations

In March, a source told Reuters the FTC could resolve a probe into TikTok over allegedly faulty privacy and data security practices by either filing suit or reaching a settlement

Broadcasting Services (Regulation) Bill 'threat to freedom of speech': Cong

The Congress on Friday alleged that the Broadcasting Services (Regulation) Bill was a direct threat to freedom of speech and the independent media and claimed that it would pave the way for "excessive surveillance" online. The Congress' media and publicity department head Pawan Khera urged people to raise their voice against what he termed as "government's tyranny". While several people on social media have also been voicing their concern about certain reported provisions in the proposed law, the government has said the bill was still in the drafting stage and the stakeholders' consultation was underway. "The Broadcasting Services (Regulation) Bill is a direct threat to our freedom of speech and independent media," Khera alleged. "Here's why we all must raise our voice against the government's tyranny: Increased government control over content creators, from social media influencers to independent news outlets, threatens the independence of the press and restricts free speech," the

Can states tax mining activities retrospectively? SC reserves verdict

Meanwhile, Advocate General of Odisha Pritambar Acharya appeared in a dilemma when the court asked him whether the judgment should apply retrospectively or not

President Joe Biden calls for Supreme Court term limits, ethics rules

President Joe Biden has unveiled a long-awaited proposal for changes at the US Supreme Court, calling on Congress to establish term limits and an enforceable ethics code for the court's nine justices. He's also pressing lawmakers to ratify a constitutional amendment limiting presidential immunity. The White House on Monday detailed the contours of Biden's court proposal, one that appears to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day. Still, Democrats hope it'll help focus voters as they consider their choices in a tight election. The likely Democratic nominee, Vice President Kamala Harris, who has sought to frame her race against Republican ex-President Donald Trump as "a choice between freedom and chaos," said the court's fairness had been called into question following recent decisions. The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority