Expat exodus? Jul 19, 2008
He insists that Indian law is and always has been quite clear and that property purchase was only open to those who could prove that they were staying in the country indefinitely. He says they cannot really do anything about ignorance of the law. (BBC News -- South Asia)
Indian man tries to obtain divorce using fake wife Jul 19, 2008
Under Indian law, both husband and wife must be present in court for a divorce to be final. Another hearing will be held in three weeks. (AZCentral -- News)
S.D. attorney spars with feds over Indian crime Jul 15, 2008
The Senate is expected to vote this week on a Thune amendment that would boost Indian law enforcement efforts by $1 billion. The amendment _ which will be offered to a bill designed to combat the worldwide AIDS epidemic _ would provide money for detention facility construction, tribal police, tribal courts and crime investigation and prosecution in Indian Country. (Rapid City Journal, SD)
Jantar Mantar Jul 2, 2008
They're from the western state of Maharashtra, where they accuse state officials of deliberately misspelling the name of their tribe in order to deny it entitlements due under Indian law, which reserves places in educational institutes and legislatures, as well as government jobs for certain "scheduled" castes and tribes. The Dhangar are a "scheduled tribe" in Maharashtra, but they accuse government officials of taking advantage of a transliteration error to deny them their due. (Time.com)
* Indian gays ready for first nationwide pride marches Jun 27, 2008
A British colonial-era provision in Indian law prohibits carnal intercourse against the order of nature, and activists say this allows authorities to treat gay people like criminals. Activists say that while few people are arrested or convicted under the law, many gays and lesbians prefer not to come out. (Taipei Times, Taiwan -- World)
BYU Names New Advancement VP Jun 24, 2008
Worthen is the Hugh W. Colton Professor of Law at BYU and has particular expertise in federal Indian law. He is a former Fulbright scholar and clerked for Justice Byron R. White of the U.S. Supreme Court and Judge Malcolm R. Wilkey of the U.S. Court of Appeals for the D.C. Circuit Court. (The Daily Universe, UT)
Vodafone to challenge India tax change in court Jun 20, 2008
The company has said Indian law at the time did not require it to withhold tax on the acquisition, and has said that capital gains tax is usually paid by the seller, not the buyer. India's tax department has argued that Vodafone was liable to pay capital gains tax as most of the assets involved are based in India, and that Indian tax law requires buyers to withhold capital gains tax liabilities and pay them to the government. (International Herald Tribune -- Arts)
SOBOBA INDIAN RESERVATION, RIVERSIDE COUNTY Tension high after fatal shootout Jun 11, 2008
"Public Law 280 was passed in 1953 without the tribes' consent as a way of moving them toward assimilation into the non-Indian legal system," said Professor Carole Goldberg, an Indian law expert at UCLA.. "But the understanding of how justice should be administered may be different within tribal communities than within a county or city jurisdiction. You may then have difficulties working with the tribe.". (San Francisco Chronicle -- Crime)
Newfoundland orders Innu families to leave Jun 7, 2008
Robert Tim Coulter of the Indian Law Resource Center in Helena, Mont. called the eviction notice a grave violation of international human rights law and urged the province to put a stop to it immediately. (Globe and Mail -- National)
A behind-the-scenes look at graduation festivities Jun 2, 2008
All students specializing in Indian law have the opportunity to participate in the graduation ceremony and receive a colorful, tribal-themed Pendleton blanket donated by David Montiel from the Salt River Pima reservation. Kate Rosier, who organizes the ceremony, said the event may take anywhere from an hour and a half to three hours because students and family are encouraged to stand and give thanks and congratulations. (Web Devil, AZ)
Wealthy Indian killer sentenced May 31, 2008
In passing sentence on Friday, the court ruled that the case did not merit the death sentence under Indian law. A lawyer representing Mr Katara's family said that she was satisfied with the sentence. (BBC News -- South Asia)
MTN talks lift Reliance shares May 30, 2008
If MTN acquired a stake of 15 percent in Reliance Communications, Indian law would require it to make an open offer for a further 20 percent. "We believe the open offer is likely at a premium to Reliance's current stock price," analysts said. (Business Report, South Africa)
'Foreigners can't settle in Goa' May 29, 2008
But it wasn't to be, as they were told that the Indian law forbids retired foreigners from staying permanently in the country. "When we applied for extension of stay in India, officials at the foreigners' registration office (FRO), Panaji, told us we won't get visa extension as we had sought it for spending our retired life in Goa," Sidney said, adding, "We were told that it was in line with the instructions of the external affairs ministry.". (India Times, India)
Patient Praises Maverick Stem Cell Doctor May 27, 2008
Under Indian law, she is allowed to treat terminally ill and incurable conditions such as Parkinson's Disease, spinal injury and Alzheimers. But this has led her detractors to claim she is offering false hope to desperate people and is essentially using them as guinea pigs. (Sky News)
A tug of war May 23, 2008
Even if there are international or global treaties, conventions, covenants, agreements, protocols or such like instruments to which India is signatory, while there is an obligation for India to bring Indian laws in line with the Articles or Sections which are mandatory (and only optionally for provisions which are suggestive or directory in nature), any provision or arrangement in any overseas country will not become law in India unless the existing Indian law is amended or new law is enacted.... (Express Pharma)
Business people May 21, 2008
He also has extensive experience in natural resources matters and Alaska Native Claims Settlement Act and Indian law issues. Prior to joining Dorsey, Sanders was senior vice president and chief legal officer for Cook Inlet Region Inc.. (Anchorage Daily News)
Google hands over user information in India May 21, 2008
The case highlights a curious facet of Indian law. The creator of the forum cannot be punished, since an individual's dislike is covered under personal freedom of choice. (VNUNet.com)
SingTel, Bharti to form new unit for MTN buy - paper May 20, 2008
MTN would not be offered a stake directly in Bharti Airtel, the paper said, as that may push foreign ownership in the Indian firm beyond the limit of 74 percent permitted by Indian law. "The move to float an SPV will help Bharti Airtel to continue being listed on Indian stock exchanges, while MTN's (major shareholders) will be given a stake in the SPV," the paper said. (Reuters India)
Indian boy chooses rich dad over mum in custody battle May 17, 2008
In Indian law, custody of under fives is normally awarded to the mother ... Under Indian law, the custody of children under the age of five is given to the mother except in exceptional circumstances. (BBC News -- South Asia)
World condemns blasts May 15, 2008
Australian and Indian law enforcement agencies continue to work together in our common fight against terrorism, a statement said. Another country that has been at the receiving end of terrorists, Israel, also joined the chorus of condemnation saying that it understood the enormity of the tragedy. (India Times)
Lawyer criticizes appeals court decision in eagle case May 14, 2008
- A specialist in American Indian law says a federal court ruling in the case of a Wyoming man who shot a bald eagle for use in his tribe's Sun Dance follows a pattern of decisions that profess respect for American Indian religion while punishing individual tribal members. (122). (Rapid City Journal, SD)
UPDATE 1-State Bank of India, Australia's IAG in insurance JV May 13, 2008
SBI will hold 74 percent in the venture, with IAG holding the remaining 26 percent, the maximum allowed under Indian law. "Establishing a general insurance joint venture is a key element of SBI's strategy to pursue emerging, high-growth opportunities," Deepak Chawla, SBI's deputy managing director for corporate strategy, said in a joint statement. (Reuters India)
He'd rather be nude: how an expat found peace and business success May 4, 2008
However, a series of events in the early 1980s - his marriage collapsed and changes in Indian law saw his company go broke and his job lost - upset this idyll ... Indian law bans public nakedness, even from holy men, so the pragmatic swami comes to work in sadhu garb, usually just a robe and no underwear. (Sydney Morning Herald -- Business)
At long last, 8 from tribe fulfill their dream May 3, 2008
He was one of the first three Salt River members to finish an associate's degree at nearby SCC. He wanted to study Indian law, but family, work and other commitments got in the way. Escue refused to give up on Manuel and nine others who joined an adult online-learning program offered by Charter Oak State College. (AZCentral -- News)
Amnesty urges India execution ban May 2, 2008
Under Indian law, the death penalty can be imposed for murder, gang robbery with murder, abetting the suicide of a child or insane person, waging war against the government, and abetting mutiny by a member of the armed forces. In recent years, however, special courts have also extended the penalty to cases of terrorism under anti-terror legislation. (BBC News -- South Asia)
• Ending child labor tricky job for India Apr 18, 2008
Under Indian law, children under 14 are free to work as long as the job isn't deemed "hazardous." At least 12. 7 million do, according to government figures, and the United Nations and children's advocacy groups estimate the number is above 40 million. (FOX59, IN)
Tribes urged to control research Apr 18, 2008
UM Indian Law Clinic director Maylinn Smith said much of that work remains to be done. Most tribes that we've worked with do not have stand-alone ethics codes, Smith said. (Missoulian, MT)
India's Kasturi in talks with Fairfax Apr 16, 2008
Under Indian law, the maximum foreign holding permissible is a stake of up to 26 per cent.. The family-owned Indian company, which publishes newspapers and magazines, could be valued at 26 billion rupees to 28 billion rupees ($A701. (Sydney Morning Herald -- Business)
Tribal court rules against hog farm Apr 15, 2008
"As a matter of federal Indian law, the power of a tribe to exclude people from its reservation has been absolutely upheld at all levels of the federal courts," he said. "That's one of the inherent powers of tribes that has never been taken away, the power to exclude.". (Sioux City Journal, IO)
Candidates court Indian vote Apr 10, 2008
"That is huge," said Keith Harper, a Indian law attorney in Washington, D.C. "We've never even really had anybody in the door of the White House. They've been in the old executive office building in some back corner. And in this administration, they haven't even been around at all.". Sens. (Bismarck Tribune, ND)
Law firms fight attrition with fatter paychecks & mid-term hikes Mar 23, 2008
Once they are allowed, salaries in Indian law firms will zoom further, say experts ... According to industry experts, once foreign law firms are allowed to open offices in India-there are talks of Clifford Chance wanting to set up operations-salaries in Indian law firms will zoom further. (India Times)
Tibetan exiles break into Chinese embassy in India Mar 22, 2008
The Indian government said earlier this month it "does not permit Tibetans to engage in anti-China political activities in India" and that "any activity which causes disruption would be dealt with in accordance" with Indian law. The embassy attack came ahead of a scheduled visit by the Dalai Lama to the Indian capital later today. (The Age)
Future Group plans TV lounge for liquor, tobacco Mar 19, 2008
Indian law bars advertising of liquor and tobacco products in the media but allows it at the point of consumption. Future TV Lounge aims to take advantage of this and put up screens at dining places that will attract liquor and tobacco product makers to advertise. (India Times)
In India, balancing refugee care and relations with China Mar 19, 2008
An Indian official said the government had expressed concern to the Dalai Lama about the prospect of Tibetan refugees breaking Indian law. At Beijing's request, it has increased security outside Chinese missions. (International Herald Tribune)
Goa rape suspect due before court Mar 10, 2008
Samson D'Souza, a local 25-year-old man, was arrested on suspicion of her rape on Sunday and must - under Indian law - appear in court within 24 hours. He has not been charged with any offence but is due before a court in Mapusa on Monday. (BBC News -- UK)
John Lews, 64, an advocate for underdogs Mar 5, 2008
He donated more than $1 million to the Indian Law Resource Center. In the Lake case, Lewis worked closely with Claudia Slovinsky and at least 13 other lawyers over the years. (Atlanta Journal-Constitution -- World)
Apology pleases, surprises Indian leaders Mar 2, 2008
Both Robert Tim Coulter, founder and executive director of the Indian Law Resource Center in Helena, and state Sen. Carol Juneau, D-Browning, said they believe the apology is sincere. (Helena Independent Record, MT)
Tribes scrutinized for secret actions Mar 2, 2008
Helen Padilla, director of the American Indian Law Center in New Mexico and a member of Isleta Pueblo, said tribes have a right to establish their own rules for access to records and are not subject to the federal Freedom of Information Act or state sunshine laws ... Frank Pommersheim, a professor of Indian law at the University of North Dakota, said he does not know of a single Plains tribe with a public-records law. (AZCentral -- News)
'Dr Kidney's' arrest exposes gruesome traffic Feb 22, 2008
"I believe it is a step in the right direction. But it needs to be strengthened in some areas and also implemented honestly and transparently if it is to work." She notes that the Indian law was a moral victory, an important statement by [Indian] society, and it has given the teeth to go after those involved in this racket ... Finally, the same problems of corruption in giving permission for non-related "donations" exist as in the Indian law. (Asia Times Online)
NYSE arm picks up 5% stake in MCX Feb 16, 2008
The 5 per cent equity investment is the maximum equity interest permitted by foreign investors in derivative exchanges under Indian law. Financial Technologies India, which controls the MCX and NYSE Euronext, said they expect to complete the deal in the first half of 2008. (India Times, India -- Intl Business)
Turkey: Wrapped and delivered Feb 15, 2008
No Indian law enforces hijab for Muslim women but it is de facto in certain districts with a Muslim majority. The same kind of social pressure applies to Muslim states like Pakistan, Indonesia and Jordan. (Asia Times Online)
Indian MP gets life Feb 15, 2008
Indian law permits politicians facing criminal charges to fight elections. Only convicted criminals are barred from seeking public office. (BBC News -- South Asia)
Howrey Opens Office in India, Gives Clients Lower-Cost Option Feb 12, 2008
Of course, it's not lawyering, either, since an American firm practicing in India would violate Indian law. Instead, it's a new attempt by an American law firm to cut costs by creating an office in India that will handle document management in litigation, IP and arbitration matters pending around the world. (Law.com)
Largest Casinos Coming To California? Feb 8, 2008
GAMBLING / PROPS. 94, 95, 96, 97: 2 tribes in Southern California can each expand enough to surpass the largest casino in the nation. " Gov. Arnold Schwarzenegger saw little ambiguity in the prospects. The propositions merely reaffirmed compacts he signed with the four tribes last year, and Schwarzenegger has maintained that the agreements could bring in $500 million a year to the state. The governor said Wednesday he felt "very good" about the ballot victory. He said he thought the propositions... (San Francisco Chronicle -- Politics)
* Nepal police hunt for alleged leader in organ trafficking Feb 8, 2008
Under Indian law, kidney transplants are allowed only if the organ is donated by a blood relative or spouse, or there is a swap agreement between two needy families. All transplants must also be cleared by the government. (Taipei Times, Taiwan -- World)
Nepal police parade alleged kidney snatcher Feb 8, 2008
Under Indian law, live kidney transplants are allowed only if the organ is donated by a blood relative or spouse, or there is a swap agreement between two needy families. All transplants must also be cleared by the government. (Yahoo! Asia News)
Governor opposes casino land request Feb 7, 2008
"The governor has no voice in the matter," said Dennis Whittlesey, a Washington-based lawyer specializing in Indian law. Last year, he represented the town of Middleborough in negotiating a deal that requires the tribe to pay the town $7 million a year if a casino is built. (Boston Globe)
Fennemore attorney blends law experience with heritage Feb 7, 2008
Kerry Patterson has carved out a niche in American Indian law during her seven years as an attorney. The associate at in Phoenix has served on the Indian Law Section of the State Bar of Arizona since 2003, and is a founding member of the ... Patterson, a member of the Seneca Nation, specializes in real estate and American Indian law, doing primarily zoning, land use, leasing and development work both on and off the reservation. (Phoenix Business Journal, AZ)
'Engineers prone to militancy' Feb 4, 2008
I guess when I get profiled, I should pull out the study and tell the agents that I am a lazy Indian law student, you are safe with me, said Zainab, a law student from Newark. The paper, however, says nothing about engineers in the non-Muslim world. (India Times, India)
Police Break Up Major Kidney Transplant Ring Jan 31, 2008
Under Indian law, the sale of human organs is illegal under any circumstances, though organ donations are allowed. The Hindustan Times newspaper reported that those who were paid for their organs earned $1,250 to $2,500. (KWTX.com, TX)
Indian Police Probe Transplant Ring Jan 30, 2008
Under Indian law, the sale of human organs is illegal under any circumstances, though organ donations are allowed. Mohd Salim, a man who lost his kidney, said the scam began when a stranger approached him to offer him work. (Time.com)
Vodafone clears tax-fight hurdle Jan 29, 2008
It also argues that under Indian law, the buyer in a deal is required to withhold any capital gains tax liability and pay it. Foreign investors are concerned that a ruling against Vodafone could mean any offshore deal by a foreign company with a substantial presence in India might be subject to Indian tax. (Financial Times)
Kidney Racket Prompts Raids In India Jan 29, 2008
Under Indian law, the sale of human organs is illegal under any circumstances, though organ donations are allowed. When I woke up, I had pain in my lower abdomen and I was told that my kidney had been removed. (CBS News -- World)
Legal Outsourcing to India Is Growing, but Still Confronts Fundamental Issues Jan 23, 2008
Is it just about cost, or can Indian lawyers do some things better than their American counterparts ... But despite the hoopla, industry leaders acknowledge legal outsourcing remains very much in its infancy, with fundamental choices still being made about how to market the services of Indian lawyers ... Or can Indian lawyers actually do many things better than their American counterparts. (Law.com)
USD law school professor named AIS Institute director Jan 14, 2008
Kunesh, of Standing Rock Sioux Hunkpapa Lakota descent, teaches in the areas of Indian law, children and the law, legislation and property at the USD school of law ... Kunesh has authored articles and travels the nation lecturing about the state of Indian child welfare as well as tribal and federal Indian law. (Sioux City Journal, IO)
Corners cut on cost and safety with the Tata Nano Jan 11, 2008
The car is safe and it has been put through crash tests even which were not mandatory by indian law. Vinod, Bangalore, India. (Times Online)
* Amity University: where market forces are signing up for class Dec 24, 2007
While Indian law requires private universities to be non-profit, most are widely believed to be money-making machines. With financial disclosure laws largely unknown in India, there is little public data about the university's finances. (Taipei Times, Taiwan -- World)
Indian airlines in merger plans Dec 21, 2007
Next August will mark five years of Deccan operating, which means that under Indian law, it can then fly lucrative overseas routes. Kingfisher will also gain this privilege as part of the merger. (BBC News -- South Asia)
Dowry law making us the victims, says India's men's movement Dec 13, 2007
The protection enshrined in Indian law for harassed wives has also led to a deep-seated sense of male victimhood. The men's movement in the country has been fired up by what it claims is the "legal terrorism driven by radical groups ... which has resulted in the blatant violation of men's rights". (Guardian Unlimited)
Court tosses 'Indian child' definition Dec 12, 2007
"The Winnebago tribe tried to establish this definition, but the court won't let it fly," said Estin, who teaches Indian law. According to the Iowa Indian Child and Welfare Act, any unmarried Indian who is under the age of 18 or a child who is under 18 that an Indian tribe identifies as a child of their community. (Daily Iowan, IA)
Gremach raises $ 50 mn from overseas markets Dec 11, 2007
The company intends to use the net proceeds of the issue for foraying into oil rig business as may be permitted by Indian law and RBI regulation. "The funds raised by the FCCB will provide an impetus for organic opportunities available to the company in oil rig business globally," Agarwal added. (Hindu)
Who said that? Dec 10, 2007
"There's a gap in Indian law," said lawyer Kaviraj Singh, who specialises in debt collection for foreign clients. "We don't have any records of the borrower. We don't have any credit control system. We don't have any credit reporting system.". (Business Report, South Africa)
Don't hang 'em Dec 7, 2007
The former is a lame argument given that the death penalty has been constantly held by various UN bodies to be a human rights concern which cannot be limited to domestic jurisdiction; the latter is based on an incorrect understanding of Indian law. Under current Indian law, the decision to execute a condemned prisoner is taken by the executive, albeit through the president or governor who decide on the mercy petition ... Such decision-making does not interfere with substantive Indian... (India Times, India)
Allow foreign law firms in India? Nov 22, 2007
Ensure inclusive growth of Indian lawyers ... If foreign law firms are allowed to operate from India, it would not be feasible to monitor whether they advice clients on Indian laws or foreign laws ... Smaller law firms may prefer to merge with foreign law firms and only the major few Indian law firms would survive. (India Times)
India defends death penalty in UN Nov 17, 2007
Moreover, all requisite procedural safeguards, including the right to a fair hearing by an independent Court, the presumption of innocence, the minimum guarantees for the defense, and the right to review by a higher Court, are provided for under Indian law,'' the Indian diplomat said ... Moreover, Indian laws also have specific provisions for suspension of the death penalty in the case of pregnant women, while juvenile offenders cannot be sentenced to death under any circumstances, the Third... (NDTV.com)
