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Civil Law

Can a Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?

Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or … Read the rest

Civil Law

Updated FCA webpage on ‘Cryptoasset AML/CTF regime: feedback on good and poor-quality applications’

On 6 October 2023, the FCA updated its webpage ‘Cryptoasset AML/CTF regime: feedback on good and poor quality applications’ by generally updating the page and adding registration statistics. The FCA has been the anti-money laundering and counter-terrorist financing supervisor of UK cryptoasset businesses since 10 January 2020. In the last 12 months it has determined 79 applications. Five of these applications have been registered. The remainder have either been rejected, withdrawn, or refused.

LexBlog… Read the rest

Civil Law

Brazil’s Sustainable Taxonomy Action Plan enters public consultation

Brazil’s draft Sustainable Taxonomy Action Plan (the Action Plan), prepared by the Ministry of Finance, is currently under public consultation and receiving contributions and comments for its improvement. The deadline for taking part in the public consultation is October 20, 2023.

The development of a sustainable taxonomy seeks to address Brazil’s main environmental and social challenges, taking into account its commitments, objectives and priority plans. Consisting of a classification system that defines, on a scientific basis, activities, assets and/or categories … Read the rest

Civil Law

U.S.- Immigration agency updates guidelines for officials’ treatment of Red Notices (part 2 of 3)

On September 29, 2023, the U.S. Immigration and Customs Enforcement (ICE) issued new agency-wide guidelines regarding how its employees will address cases in which Red Notices and Diffusions.

The complete guidelines are found here, and the most relevant provisions (in my estimation) are listed in our last blog post.

In part one of this series, we referenced the fact that some of the new provisions would likely be more impactful in a practical sense than others. The provisions that are … Read the rest

Civil Law

ESAs report on the landscape of ICT third-party providers in the EU

On 27 September 2023, the European Supervisory Authorities (ESAs) co-published a report on the landscape of information and communication technology (ICT) of third-party providers (TTP) in the EU.

The report sets out the results of a high-level analysis, carried out by the ESAs together with Member State competent authorities with the objective of getting a preliminary overview of the provision of ICT services to EU financial entities by ICT TTPs. The analysis was performed … Read the rest

Civil Law

Can Florida Courts Confirm Appraisal Awards and Appoint Umpires?

The property insurance policy calls for a court to appoint umpires. Parties typically file a petition to appoint an umpire and then a request to confirm the appraisal award after the appraisal panel renders a decision. A reader of this blog asked me to comment on the following ruling from a recent Florida appellate case:¹

State Farm Florida Insurance Company (‘State Farm’) appeals the final judgments entered in four related cases that confirmed appraisal awards set by a

… Read the rest

Civil Law

Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining Another

A pair of malic acid decisions recently issued by Judge Coleman in the Northern District Court of Illinois reaffirmed that the statements “natural flavors with other natural flavors” and “no artificial flavors” receive different treatment under state false advertising laws, at least in that district.

In Boss v. Kraft Heinz Co., the plaintiffs alleged that Kraft Heinz’s MiO water-flavoring products contained synthetic malic acid, rendering false and misleading the claim “natural flavors with other natural flavors” on the products’ … Read the rest

Civil Law

Cognizant’s High Court approved scheme of arrangement was held to be a colorable device by Chennai ITAT

The ITAT recently dismissed an appeal and slammed Cognizant India Private Limited (“Cognizant India”) for what it perceived as using a colorable device to evade taxes during its INR 190 billion share buyback exercise.

Cognizant (Mauritius) Limited (“Cognizant Mauritius”) and Cognizant Technology Solutions Corporations USA (“Cognizant USA”) held around 76% and 22% stake in Cognizant India respectively. The remaining 2% minor shareholding was also held by USA based entities.

In the year 2016, Cognizant … Read the rest