Legal News – Weekly Newsletter for October 11-18, 2010

Legal News – Weekly Newsletter for October 11-18, 2010

Monday, October 18, 2010

Disqualified Karnataka MLAs approach high court

BANGALORE – A division bench of the Karnataka High Court will Monday afternoon hear a joint petition by 16 rebel legislators against their disqualification by Speaker K.G. Bopaiah ahead of the trust vote earlier in the day.

The petition has been admitted and posted for hearing by the bench headed by Chief Justice K.S. Khehar …. Original source : Disqualified Karnataka MLAs approach high court.

Will strive to make RTI more effective, accessible: New CIC

NEW DELHI – The empowering Right To Information Act (RTI) completes five eventful years Oct 12 (Tuesday). Newly-appointed Chief Information Commissioner Anugraha Narayan Tiwari, who has a very short tenure to work in, is keen to make the act more powerful and more accessible.

Tiwari, a 1969 batch IAS officer and former secretary, Department of … Original source on Gaea Times at : Will strive to make RTI more effective, accessible: New CIC.

Jailed Chinese Nobel laureate meets with wife

BEIJING – The wife of jailed Chinese Nobel Peace Prize winner Liu Xiaobo met her husband Sunday and reportedly told him of his award, a rights group said.

Liu Xia met her husband after being taken to Jinzhou in China’s northeast where Li Xiaobo is imprisoned, Hong Kong media reported, citing the Hong Kong-based Information … Original source on Gaea Times at : Jailed Chinese Nobel laureate meets with wife.

Contempt proceedings ordered against Kerala CPI-M leader

KOCHI – The Kerala High Court Tuesday ordered contempt proceedings against senior Communist Party of India-Marxist (CPI-M) leader M.V. Jayarajan for his outburst against judges in July.

A three-member full bench comprising Chief Justice J. Chelameswar, Justice A.K. Basheer and Justice K.M. Joseph ordered this while hearing a public interest litigation (PIL).
Jayarajan, 50, while …. Source article : Contempt proceedings ordered against Kerala CPI-M leader.

Ban bullock carts transporting kerosene: PETA

MUMBAI – Animal welfare NGO PETA has demanded a ban on the use of bullock carts to transport kerosene in the city, but the government says it needs an alternative arrangement in placey.

The People for the Ethical Treatment of Animals (PETA) made the demand at a meeting with Maharashtra’s food and civil supplies ministry.
… Read : Ban bullock carts transporting kerosene: PETA.

State government has to suffer for its inaction: Supreme Court

NEW DELHI – The Supreme Court has held that a state government will have to account for its inactions and cannot make people suffer for it, ruling in a Bihar land owner’s case that was re-opened in Patna High Court simply because an earlier verdict had not been published in government records.

“If the state …. Read the original article : State government has to suffer for its inaction: Supreme Court.

Tiananmen activists moved by Liu’s Nobel dedication

BEIJING – When Nobel Peace Prize winner Liu Xiaobo dedicated his award to the “Tiananmen martyrs”, he reminded the world of the thousands who suffered death, injury or imprisonment after the brutal military crackdown on Chinese democracy protesters in 1989.

“I was very moved by these words,” Beijing-based democracy activist Qi Zhiyong told DPA by …. Original article : Tiananmen activists moved by Liu’s Nobel dedication.

Karnataka crisis: High Court to decide rebel MLAs fate today

BANGALORE – The Karnataka High Court is expected to decide on the disqualification of 16 rebel MLAs today.

They were disqualified hours before the controversial trust vote won by the BS Yeddyurappa government in the Assembly on Monday.

A division bench comprising Chief Justice J S Kehar and Justice N Kumar will hear the two petitions filed … Read more : Karnataka crisis: High Court to decide rebel MLAs fate today.

Karnataka crisis: High Court to decide rebel MLAs fate today

BANGALORE – The Karnataka High Court is expected to decide on the disqualification of 16 rebel MLAs today.

They were disqualified hours before the controversial trust vote won by the BS Yeddyurappa government in the Assembly on Monday.

A division bench comprising Chief Justice J S Kehar and Justice N Kumar will hear the two petitions filed …. Original article on Gaea Times at : Karnataka crisis: High Court to decide rebel MLAs fate today.

Judges’ accountability bill: Complainant needs to give solid evidence

NEW DELHI – Even as the cabinet has approved a bill to put in place a mechanism to deal with complaints against erring judges, it has placed a huge onus on the complainant – provide substantive evidence to back the allegations of wrongdoing against a judge or face heavy penalties.

In order to discourage frivolous …. Source : Gaea News Network.

Disqualified Karnataka legislators’ case adjourned to Tuesday

BANGALORE – The Karnataka High Court Monday adjourned the hearing of the 16 disqualified legislators to Tuesday, as arguments from both sides’ lawyers remained inconclusive.

The 16 dissident legislators, 11 of the ruling Bharatiya Janata Party (BJP) and five Independents, filed a joint writ petition in the high court against their disqualification by assembly speaker … Read the original article on Gaea Times at : Disqualified Karnataka legislators’ case adjourned to Tuesday.

Pakistan Supreme Court rejects plea to adjourn crucial hearing

ISLAMABAD – In a decision that has considerable political bearing in Pakistan, the country’s Supreme Court Monday rejected the government’s plea to adjourn the hearing on a petition seeking review of the national reconciliation ordinance (NRO) under which President Asif Ali Zardari along with others were granted amnesty in corruption cases.

The government had submitted …. Original article : Pakistan Supreme Court rejects plea to adjourn crucial hearing.

British aid worker may have been killed by US grenade: Cameron

LONDON – A kidnapped British social worker who died during an operation to free her from kidnappers in Afghanistan may have been killed by a grenade thrown by US troops, Prime Minister David Cameron said Monday.

Cameron, speaking at a news conference in London, said a full joint investigation between the US and Britain had …. Source : Gaea News Network.

Liu Xiaobo’s prison conditions improved after Nobel, says wife

PARIS – Chinese dissident Liu Xiaobo’s prison conditions improved significantly after he was awarded the Nobel Peace Prize, his wife said in an interview published Wednesday in the French online daily Mediapart.

“Things are much better for him now,” Liu Xia said. “They treat him better, they give him better food. Liu Xiaobo even has … Read : Liu Xiaobo’s prison conditions improved after Nobel, says wife.

Plea to make Urdu Pakistan’s official language dismissed

ISLAMABAD – A petition seeking to direct the government to make Urdu the official language of Pakistan has been dismissed by the Lahore High Court.

Lahore High Court Chief Justice Khawaja Muhammad Sharif Tuesday dismissed the writ petition after the petitioner and his counsel failed to appear before the court, the News International reported …. Source : Gaea News Network.

US judge puts global halt on ‘don’t ask, don’t tell’ policy

WASHINGTON – A US federal judge has ordered a worldwide halt to enforcement of the Defence Department’s controversial “don’t ask, don’t tell” policy, putting an end to the ban on openly gay troops.

US District Judge Virginia Phillips’ permanent worldwide injunction Tuesday orders the military “immediately to suspend and discontinue any investigation, or discharge, separation, …. Read the original article : US judge puts global halt on ‘don’t ask, don’t tell’ policy.

Laws targeting immigrants get French lower house approval

PARIS – The lower house of the French parliament Tuesday approved a series of tough new measures targeting immigrants.

By a vote of 294 to 239, the National Assembly passed the bill proposed by Immigration Minister Eric Besson, who said in a recent interview that he wanted his ministry to be “a machine to produce … Read more »».

High Court reserves ruling on rebel Karnataka legislators

BANGALORE – A division bench of the Karnataka High Court Tuesday reserved its judgment on the disqualification of 11 ruling Bharatiya Janata Party (BJP) legislators and posted for further hearing the joint writ petition of five disqualified independents to Monday.

The bench, headed by Chief Justice K.S. Khehar and Justice N. Kumar reserved the ruling … Original article on : High Court reserves ruling on rebel Karnataka legislators.

Court gives lifer to prime accused in former Punjab CM Beant Singh’s assasination case

CHANDIGARH – A Division Bench of the Punjab and Haryana High Court today annulled the death penalty awarded to Jagtar Singh Hawara, prime accused in the assassination of Punjab Chief Minister Beant Singh and sentenced him to … Read more >>.

Apex court cautions high courts on use of powers

NEW DELHI – The Supreme Court has said that though high courts enjoy vast powers for administration of criminal justice (under Section 482 of Code of Criminal Procedure) but the same was not unbridled and should be exercised cautiously and sparingly.

It needs little emphasis that although the jurisdiction of the high court under … Read more »»».

Jet Airways criticised for ‘encouraging’ animal abuse

NEW DELHI – Jet Airways has been flooded with e-mails and calls after the September issue of their inflight magazine, JetWings, printed an article on bull fighting. An animal rights organisation has written to the airline, prompting the latter to apologise.

The Federation of Indian Animal Protection Organisations said in a statement Tuesday: “We were … Read more »»».

Karnataka crisis: High Court reserves verdict for Monday

BANGALORE – The Karnataka High Court on Tuesday reserved its order on whether the 16 MLAs were disqualified incorrectly by the Speaker of the Assembly for next Monday as the court has been closed for a week for Dussehra vacation.

A division bench comprising Chief Justice J S … Read : Karnataka crisis: High Court reserves verdict for Monday.

Salman Khan tax case: Court moved over Rs.40 million ‘evasion’

MUMBAI – The Bombay High Court will soon hear a petition filed by the income tax (IT) department pertaining to a 10-year-old case involving alleged tax evasion of Rs.40 million by Bollywood actor Salman Khan.

The IT department has challenged an order of the income tax appellate tribunal which had earlier ruled in the actor’s … Read the original article on Gaea Times at : Salman Khan tax case: Court moved over Rs.40 million ‘evasion’.

Indian origin governor general accepts apology

AUCKLAND – New Zealand’s Indian-origin Governor General Sir Anand Satyanand has accepted the apology from a TV channel after an on-air racial slur on him.

Satyanand Thursday met TVNZ chairman Sir John Anderson and chief executive Rick Ellis. Programme host Paul Henry passed the racist remark Oct 4.
An official said the governor general had …. Source article on Gaea Times at : Indian origin governor general accepts apology.

Pak SC rejects NAB report, calls chairman’s appointment ‘violation of court verdict’

ISLAMABAD – Hearing the Pakistan government’s review plea against the NRO verdict and implementation of the NRO judgement case, the Supreme Court called the recent appointment of the National Accountability Bureau (NAB) chairman another violation of the apex court’s verdict, … Read this article on Gaea Times at : Pak SC rejects NAB report, calls chairman’s appointment ‘violation of court verdict’.

Yeddyurappa wins second ‘Trust Vote’ in Karnataka Assembly

BANGALORE – Chief Minister BS Yeddyurappa won the second ‘Trust Vote’ in the State Assembly on Thursday after 106 MLAs voted in favour of the Bharatiya Janata Party (BJP)-led Government, but the fate of the Government would depend on the verdict of …. Source article : Yeddyurappa wins second ‘Trust Vote’ in Karnataka Assembly.

Octogenarian allowed to wed 49-year-old man

Lucca (Italy), Oct 14 (IANS/AKI) An 87-year-old woman from the central Italian city of Lucca may marry a man of 49, a court has ruled.

The court rejected an appeal lodged by the woman Ines Orsolini’s only surviving relative that the wedding be blocked because she was mentally infirm.
The court in Lucca said …. Source article : Octogenarian allowed to wed 49-year-old man.

China cancels more visits after Nobel award

OSLO – China has cancelled at least four official visits to and from Norway in apparent anger over last week’s decision to award the Nobel Peace Prize to jailed Chinese dissident Liu Xiaobo, the Norwegian Foreign Ministry said Wednesday.

Among three Chinese delegations that cancelled visits to Norway was one comprising supreme court representatives, Ragnhild …. Source : Gaea News Network.

Karnataka government set for trust vote amid boycott threat (Roundup)

BANGALORE – Karnataka is set for another trust vote Thursday, which the opposition parties have threatened to boycott while the high court Wednesday ruled that the result would be subject to its judgment in the case relating to the disqualification of 16 rebel legislators by assembly Speaker K.G. Bopaiah.

Though Chief Minister B.S. Yeddyurappa managed …. Read the original article : Karnataka government set for trust vote amid boycott threat (Roundup).

Cheap land for MPs challenged in Gujarat court

GANDHINAGAR – The Narendra Modi government’s scheme to allot plots to MPs and legislators on concessional rates was Wednesday challenged in the Gujarat High Court which asked the petitioner to file the plea in proper format.

The state government has allotted land to MPs and legislators on concessional rates in various sectors here.
…. Original article : Cheap land for MPs challenged in Gujarat court.

China bars Norwegian diplomat from meeting Nobel laureate’s wife

BEIJING – Chinese police have prevented a Norwegian diplomat from meeting Liu Xia, the wife of imprisoned Nobel Peace Prize winner Liu Xiaobo, she said Wednesday.

“Yesterday a Norwegian diplomat came to offer me support but was blocked outside the main gate,” Liu Xia said in a message posted on the microblogging website Twitter, while …. Source article on Gaea Times at : China bars Norwegian diplomat from meeting Nobel laureate’s wife.

11 high court judges transferred

NEW DELHI – In a major judicial shake-up, 11 judges from six high courts of Allahabad, Punjab and Haryana, Andhra Pradesh, Delhi, Bombay and Orissa were transferred Wednesday.

The transfers were approved by President Pratibha Patil.
Justice R.S. Mohite who was transferred from Bombay High Court to Patna High Court has resigned.
Three judges each … Read the original article on Gaea Times at : 11 high court judges transferred.

Gujarat court allows I-T officials to move apex court

GANDHINAGAR – The Gujarat High Court Wednesday allowed the income tax authorities to move the Supreme Court over pleas challenging amendment to a provision of the Income Tax Act that deals with profits of exporters.

The issue, linked to deductions related to profits retained for export business under section 80HH(c) of the act, were dragged … Original source on Gaea Times at : Gujarat court allows I-T officials to move apex court.

J K Rowling embroiled in ‘Harry Potter’ plagiarism row

WELLINGTON – A plagiarism lawsuit has been filed against ‘Harry Potter’ author JK Rowling over the fourth book in her outstanding series.

The lawsuit alleges that J K Rowling’s fourth book in her blockbuster series, ‘Harry Potter and the Goblet of Fire,’ copied substantial parts of Jacobs’ 1987 book, ‘The Adventures of Willy the Wizard,’ reports …. Original article on Gaea Times at : J K Rowling embroiled in ‘Harry Potter’ plagiarism row.

NATO gives woman top press job for first time

BRUSSELS – NATO Thursday announced that it has given a woman its top press job for the first time in its 61-year history as it announced the hiring of international journalist Oana Lungescu as spokeswoman.

NATO has made efforts over the years to open up its traditionally male-dominated upper ranks to women. The current spokesman’s …. Original article on Gaea Times at : NATO gives woman top press job for first time.

Gulberg society massacre witnesses’ plea rejected

GANDHINAGAR – The Gujarat High Court Thursday rejected a petition by witnesses of Gulberg society massacre in Ahmedabad during the 2002 Gujarat riots, seeking to summon some government officials as witnesses and cross-examine them.

Pleading that former MP Ehsan Jafri had talked with some top officials and highly-placed people to seek their help before he … Read more : Gulberg society massacre witnesses’ plea rejected.

Pak SHC disposes off petition seeking high treason trial against Musharraf

LAHORE – The Sindh High Court (SHC) has disposed off a petition seeking to initiate a high treason trial against former President Pervez Musharraf.

Headed by SHC Chief Justice Sarmad Jalal Usmani, the division bench of the court further advised petitioner Maulvi Iqbal Haider to approach the Supreme Court in this regard, the Dawn reported.

In his … Original article on : Pak SHC disposes off petition seeking high treason trial against Musharraf.

80-year-old Indian seeks release of son, 14 other bonded labourers held in Malaysia

KUALA LUMPUR – An 80-year-old man from Nagapattinam district has filed a petition in the Madras High Court seeking the release of his son and 14 others, who have been allegedly working as “bonded labourers” in Malaysia.

In his petition, P. Sathasivam of Asanakudi claimed that the 15 Indian citizens had been working as labourers in …. Read the original article : here.

No land deal final until registered, rules apex court

NEW DELHI – The Supreme Court has held that no land transaction would attain finality unless it was duly registered and no sale deed of land would get a back-dated finality by its registration subsequently.

The court said that a transaction in land would only be complete on the date of the registration of the …. Original article : No land deal final until registered, rules apex court.

Anand Jon gets a break in sex assault case

NEW YORK – A New York judge has dismissed some charges against Indian-American fashion designer Anand Jon, who is accused of rape and sexual abuse against several women including minors.

The dismissals came at the recommendation of the district attorney’s office, which will continue prosecuting Jon for the remaining alleged casting couch assaults, including forcible …. Original source : Anand Jon gets a break in sex assault case.

Lawyer pleads SC to issue red warrants against Musharraf for extradition to Pak

LAHORE – A local lawyer has moved an application before Pakistan’s Supreme Court Lahore Registry, praying that red warrants for the extradition of former dictator Pervez Musharraf through Interpol be issued so that he can be tried under 14 charges, including that of high treason.

Advocate AK Dogar moved the plea in his already pending petition … Read the original article on Gaea Times at : Lawyer pleads SC to issue red warrants against Musharraf for extradition to Pak.

Surrender of Indian passport for PIOs made mandatory

TORONTO – Persons of Indian origin (PIOs) will now have to formally renounce their citizenship and surrender their Indian passport after acquiring foreign citizenship, according to new rules circulated by the Indian high commission here.

Canadian PIOs will have to pay a fee of $168 to get their Indian passport cancelled by the country’s mission …. Source : Surrender of Indian passport for PIOs made mandatory.

Saudi Arabia to deport Chinese workers over protests

RIYADH – Work on a light rail project in Saudi Arabia resumed Friday following protests earlier in the week by at least 100 Chinese workers demanding higher wages, improved housing and better working conditions, Saudi newspapers reported.

The kingdom moved to arrest at least 16 of the workers after the protest began Tuesday.
Saudi authorities [..] Read the original article: here.

Contempt of court only arises on disobedience of order: Apex court

NEW DELHI – The Supreme Court has held that the proceedings against a person accused of contempt of court could not be initiated merely on speculation, assumptions and inference drawn from the fact and circumstances of the case, but only on “wilful disobedience” of the court’s order.

“In our considered opinion”, the apex court bench …. Read the original article : Contempt of court only arises on disobedience of order: Apex court.

UAE’s Sheikha Fatima named UN goodwill ambassador

Rome, Oct 15 (IANS/WAM) The UAE’s Sheikha Fatima bint Mubarak, chairperson of the NGO General Women Union, was Friday named extraordinary goodwill ambassador of the UN Food and Agriculture Organisation (FAO).

FAO director general Jacques Diouf said Sheikha Fatima was given the coveted title in recognition of her efforts and support for women’s causes. …. Source : Gaea News Network.

EVM’s reliability challenged in Gujarat court

AHMEDABAD – Within a week of the Gujarat civic polls, a public suit challenging the “reliability and functionality” of electronic voting machines (EVMs) was Friday filed in the Gujarat High Court here.

Advocate Girish Das filed the petition, seeking a direction to the Election Commission of India to to equip the EVM polling booths with …. Source article on Gaea Times at : EVM’s reliability challenged in Gujarat court.

New CBI regional office in Mumbai

MUMBAI – Union Minister of State Prithviraj Chavan will lay the foundation stone of the proposed Central Bureau of Investigation (CBI) office at the Bandra-Kurla Complex (BKC) in central Mumbai Saturday, an official said here Friday.

Chief Minister Ashok Chavan will preside over the function which will be held at the 1,500-square metre premises in …. Source article : New CBI regional office in Mumbai.

Bar Council to hold mandatory test for budding lawyers

NEW DELHI – The Bar Council of India (BCI) will hold, in December, its first-ever mandatory test for law graduates seeking to begin professional practice, the law ministry said Friday.

“The BCI will conduct the All India Bar Examination (AIBE) in nine languages across 27 cities in India on December 5, 2010, said the ministry [..] Read the original article: here.

Food security bill to be brought soon: Sonia Gandhi

NAGPUR – Congress president Sonia Gandhi Friday said that the central government would soon bring forth a food security bill for the benefit of the poorest sections of society.

Addressing a Congress workers’ ‘Sadbhavna Rally’ at Sewagram in Wardha district, about 85 km from here, Gandhi pointed out that the government has already legislated …. Source article : Food security bill to be brought soon: Sonia Gandhi.

Vodafone files petition against tax authorities move

NEW DELHI – Telecom service provider Vodafone Friday said it has filed a petition in the Bombay High Court against the Indian tax department’s move to classify it as an agent of the seller in the 2007 sale of Hutchinson Essar.

Vodafone had bought 67 percent stake sold by Huctchinson Whampoa, the foreign partner of …. Source : Vodafone files petition against tax authorities move.

Do more to combat hunger, say NGOs (Oct 16 is World Food Day)

NEW DELHI – On the eve of World Food Day and in the backdrop of the release of the Global Hunger Index report 2010, civil society organisations Friday said India should focus on inclusive growth with special focus on malnourished children to combat hunger.

“The Global Hunger Index report highlights the fact that children form … Read more »»».