Lawmatters.in

Is India’s commercial legal market on the verge of opening up?  (Timesonline UK)

With support from several sides for a more liberal regime in the legal services market and with abundant opportunities for transactional work, are India’s Bar Association members finally seeing the brighter side of things? Or will the country’s legal market continue to incur a high opportunity cost? There is hope that a long-awaited judgement of the Mumbai High Court will result in the opening up of the market.

Interpreting the SET Satellite ruling – AZB & Partners (Livemint)

An excellent article for all you tax buffs on the likely impact of the Morgan Stanley and SET Satellite judgments on principles of transfer pricing.

Law on adverse possession antiquated says the Supreme Court (The Hindu)

The Supreme Court has expressed its disappointment over the antiquated law of adverse possession whereby an owner of property can be ousted of his title simply because of inaction on his part within a stipulated time. Calling the right to property a “human right”, the court disallowed a squatter from gaining title to the land despite the existing law of adverse possession.

No alimony if wife sufficiently well-off (DNA)

The Delhi High Court has ruled that a woman earning an amount of money that is sufficient to maintain her living standards is not entitled to maintenance from her estranged husband.

SC hands over Ghaziabad GPF scam case to the CBI (Tribuneindia)

In a shocking case involving allegations of judicial corruption, the SC has acted swiftly by calling for a CBI probe into the delivery of Rs.15 lakhs at a judges doorstep.

Vacant seats not to be carried forward says SC (Indianexpress)

The Supreme Court has clarified its position on the issue of “carrying forward” of unfilled OBC quota seats (in central education institutions) to the subsequent year by ruling that the seats must go to candidates from the General Category in the present year itself.

Non-bailable warrant issued against Raj Thackeray (DNA)

In a Jamshedpur court of 1st class judicial magistrate A K Tiwari, a warrant has been issued against Raj Thackeray directing him to appear before the court on November 17 on account of allegations of his having made derogatory remarks against Bihari’s. A copy of the arrest warrant has been issued to the Mumbai Police Commissioner for its execution.

BMW 2: Bhasin in judicial custody (Headlinesindia)

With his bail plea rejected by the Delhi High Court, Utsav Bhasin – who allegedly rammed his BMW into a motorcyclist thereby killing one person – will remain in judicial custody and is to be produced before court on October 10.

Proposal to make current law for determining a child’s scheduled caste status “gender neutral” (DNA)

Currently, in order to determine the status of a child as scheduled caste, only the father’s community status is relevant, with the mother’s status having no bearing. A proposal by the Ministry of Social Justice and Empowerment seeks to make the mother’s status an equally relevant factor during such determination.

Leprosy patients cannot contest a civic election or hold municipal office in Orissa:  (BBC)

The Orissa high Court had earlier upheld the disqualification of two elected councillors to a civic body as per the Orissa Municipal Act of 1950. The Supreme Court, to the shock of many, has upheld the ruling finding no invalidity or illegality.

MF Hussain: “Dignity of contemporary art” upheld (BBC)

Artist and painter MF Hussain has found vindication through a Supreme Court verdict that upholds a lower court ruling that dropped charges in three legal proceedings against him. The painter, who has faced criticism for his depiction of newd goddesses in paintings and other artistic work, was cleared of obscenity charges.

Hari Puttar gets the nod (Economic Times)

Warner Brother’s allegation that the film-makers of “Hari Puttar” sought to confuse movie-goers and take unfair advantage of the Harry Potter brand was not accepted by the Delhi High Court.

Scrabulously fabulous – Going strong with Wordscraper and Lexulous in light of the Delhi HC judgement (The Inquirer)

The Delhi High Court has disallowed the use of the word Scrabulous or any Scrabble like name but has held Scrabble to be “incapable of copyright protection”. The internet version of Scrabble (which is extremely popular on Facebook) now goes under the name Wordscraper.

Legal innovation (times online)

 How arbitration law has enabled Sharia courts to deliver valid rulings in Britain.

National Law School in Delhi (Timesofindia) 

With a government grant of Rs. 110 crore for a law school, a judicial academy and a national centre for mediation on a 13 acre plot of land, NLS Delhi looks all set to make a flourishing start.

Smokers beware (Expressindia)

With the Supreme Court refusing to stay the government notification of a ban on public smoking beginning October 2^nd, cigarette manufacturers and active smokers won’t be able to light-up as and when it pleases them.

Condom ads obscene? (Outlook)

The Supreme Court has stayed a Madras High Court order which prohibited the marketing of condoms with explicit visuals on wrappers or in advertisements and which also directed condom manufacturers to seek prior permission from the Advertising Standards Council of India (ASCI).

Hindu seeks open-air cremation in Britain: judgement awaited (Guardian)

In 2006, Rajpal Mehat was cremated on a wooden pyre in a secluded location in Northumberland: the Newcastle city council deemed this as an illegal act. Come 2008 and another Hindu has challenged the council’s decision to disallow an open-air cremation for him. A high court verdict is awaited on the matter.