Date: September 2nd 2010

The Legal/ Newswire

Thursday, 02/09/2010

Good morning. Here's the Latest Legal News

Top Stories
Liability law Ensures protection

Dr Malaur Ramaswamy Srinivasan, former chairman of the Atomic Energy Commission (AEC), who remains a member of AEC, is quite clear that India needed nuclear liability legislation of the kind recently passed in the Lok Sabha. In an interview with B.R. Srikanth, the octogenarian nuclear scientist maintains that the proposed legislation is not a sell-out. 

India's Nuclear Liability Law leaves few satisifed
India's new Nuclear Law criticised by Business Groups
Enemy Property Bill Withdrawn

The fate of 2,186 ‘enemy properties’ remained uncertain after the Centre withdrew a bill governing such properties, in the Lok Sabha, amid stiff political resistance.

The last-minute decision to bring a fresh bill in the next session of Parliament drew accusations from BJP that the government’s intentions were suspect, hinting that it planned to repromulgate the Ordinance including amendments it was opposing.


Students Gear for the First Bar Exam

City law colleges are gearing up to facilitate their students in registering for the All India Bar Exam (AIBE), despite their objection to the examination and protest from students. The examination is mandatory for fresh law graduates before they start practising in any court in the country.

The Preparatory Materials for the Bar Exam may be viewed here.
Honor Killings: Hooda Opposes law

n a statement that reiterates his earlier stand on marriage within same gotra, Haryana CM Bhupinder Singh Hooda on Tuesday said, " Customs and practices overrule laws".

He added different societies have been following their own norms, which should not be seen as a "problem".
Responding to whether he favoured framing of any special law to deal with cases of 'honour' killing and Khap panchayats, Hooda said that existing provisions in the law, including IPC, are sufficient to deal with such cases.


Ins and Outs of the Direct taxes Code Bill

PricewaterhouseCoopers analyses the taxes code in the light of significant proposals made in the Bill tabled in Parliament on Monday.


Legalise Betting in Cricket, says Delhi Court

Amidst recent rampant allegations of match-fixing in cricket, a Delhi court has said that betting in cricket and other sports should be legalised in India. Coming down heavily on the police for failing to check illegal betting, additional sessions judge Dharmesh Sharma remarked that legalising the same will help the government track transfer of funds and use of revenue for welfare of public. 


Mirror unto Ourselves

Pratap BHanu Mehta's editorial on the Liberhan Commission report in the Indian Express.


Bombay HC to Pepsico: Apply US yardstick here

While Pepsico was defending the use of outdated raw materials in their plant, the Bombay high court on Tuesday asked if they would apply the same yardstick in the United States when it comes to complying with legal norms there.

More from SomethingAbouttheLaw.com



Featured Articles
Manoj Mitta
Who Will Save our Na'vis

Long before they gained currency as the real-life counterparts of the Na'vis portrayed by Hollywood blockbuster "Avatar", the author of the Vedanta verdict — Justice S H Kapadia  — had made clear about how he saw the Dongaria Kondhs, who are officially classified as "primitive tribal group". Kapadia, now chief justice of India, described this tribe from Orissa as a people "living on grass".

Read also the post on LAOT


Indian Express
Against the Grain

On many occasions the point is made that the Supreme Court of India is the most powerful court in the world. The ways in which its powers of judicial review and intervention have been widened in scope are a fascinating study. And this power has been based on the higher judiciary’s credibility to be an institution of last recourse in matters relating to the functioning of the executive. Credibility is an unquantifiable thing, and the Supreme Court has been careful to preserve that credibility by not doing anything that could invite rebuff. In fact, just a few weeks ago the Chief Justice of India was firm in saying that the courts were not getting into the business of running the country. 

Bibek Debroy
An Indian version of Court Packing

Avin Chhangani directs me to a newspaper column written by Justice Krishna Iyer. This is what Justice Iyer says: "Judges must have a political philosophy... Our socialist, secular, democratic republic must appoint only judges who share the political philosophy of the Constitution, since judges are under the Constitution, not above it... Our Constitution, which you are bound to uphold, is expressly socialist and secular. So you have a socialist commitment. If you disown it, you violate your oath, and must go."



From the Blogs

India Corporate Law
Direct Taxes Code Bill, 2010 versus Income Tax Act, 1961: A Comparison of Certain Aspects

Something About the Law
Why the law school rankings are flawed

Law and Other Things
Parliamentary Reform



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