Date: December 4th 2009

The Legal Newswire

Friday, 04/11/2009

Good morning. Here's the Latest Legal News

Top Stories
SC Stays CIC Order on Judge's appointment and correspondence

The Supreme Court on Friday stayed the Central Information Commission (CIC) order asking it to divulge details relating to appointment of judges and also correspondence between the Chief Justice of India and Justice R Regupathy of Madras HC on the alleged interference of a Union minister in a court case. 

Saldahna seeks Open Enquiry into CJ Issue
Two Apex judges quit hearing Reliance Law Suits
Copyright Law Changes in India could gut 'Fair Use'

 

 Well, here we go again. Reports are coming out of India about new draconian copyright law changes that were apparently decided on between the government and the recording industry with little to no input from everyone else the new laws would impact. Among the concerns? The new law would significantly strip fair use (fair dealing in India) rights, to the extent that they are effectively useless. This seems to happen over and over again in different countries.


Supreme Court has the Jurisdiction to Appoint an arbitrator in International Arbitration

The Supreme Court of India recently had to decide on the interesting question of whether it has jurisdiction to appoint an arbitrator in case of an international arbitration governed by a foreign law. While reaching the conclusion that it does have jurisdiction to appoint an arbitrator in case of international arbitration, the court held.....


Hague Court begins Kosovo Independence Hearings

The International Court of Justice opened on Tuesday hearings on the legitimacy of Kosovo's unilateral declaration of independence from Serbia.
Serbia brought a case to The Hague for an advisory opinion on whether "the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo" is "in accordance with international law."


Negotiable Instruments

The Supreme Court has held that a convict or an accused in a cheque-bounce case can be let off if the complainant agrees to a compromise. The court said the offence could be made compoundable even after a person was convicted


RNRL Lawyer: Govt. had no right to fix D6 Gas Price

India's government had no right to fix the price of natural gas being produced by Reliance Industries Ltd. from its D6 block, off the country's east coast, the counsel for Reliance Natural Resources Ltd. said Tuesday.

"The government is required to approve the formula on the basis of which price can be fixed, and the contractor has the freedom to market gas," Ram Jethmalani said in his submission before India's Supreme Court.


Court 'friend' gives tips in tackling political vandalism

Janak Dwarkadas, senior counsel and amicus curiae (friend of court), on Thursday told the Bombay high court that all police vehicles reaching the scene of vandalism should have video cameras.

It was one among the several suggestions given to the state government to prevent incidents of political vandalism. 


What an Unstable Neighbourhood means to India

What connects India, Iran, Turkey, Brazil, China and South Africa? A very unsatisfactory answer would be that they�re emerging powers in highly volatile corners of the globe. Taking India aside, an even more nebulous answer would be that they�re countries which realize their strategic importance in respective regions.

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Manij Mitta
The Law can be an Ass

It would seem unfair, unreasonable and outright cruel if the tribal villagers of Chhattisgarh, already caught in the crossfire between the state-sponsored Salwa Judum and underground Maoists, were asked to pay for additional police forces deployed as part of the ongoing Operation Green Hunt. But if the government so wished, it would be well within its legal rights in making such a demand. 

VR Krishna Iyer
The Syndrome of Judicial Arrears

The Chief Justice of the Supreme Court has been repeatedly urging that we must have thousands more as members of the judiciary as the solution to the problem of arrears. But that will only be a remedy which could aggravate the malady. This is a mediocre recipe that could prove counter-productive.

Nupur Basu
A Daughter's long road to Justice

Sheikh Hasina had to wait for three-and-a-half decades to see justice done in her father�s case. She can now concentrate on delivering on the issues that are on the front burner.



From the Blogs

India Corporate Law
Insider Trading: Where do we draw the Line

Spicy IP
The Appeal of a Pre- Grant Rejection

Law and Other Things
Is Art. 15(4) an enforceable right ?


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