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CASE(S) OF THE WEEK

HOTEL SENTRAL (JB) SDN BHD v. PENGARAH TANAH DAN GALIAN NEGERI JOHOR, MALAYSIA & ORS [2017] 6 CLJ 161
COURT OF APPEAL, PUTRAJAYA
MOHD ZAWAWI SALLEH JCA; ABDUL RAHMAN SEBLI JCA; PRASAD SANDOSHAM ABRAHAM JCA
[CIVIL APPEAL NO: J-01(A)-408-12-2015]
15 DECEMBER 2016

ADMINISTRATIVE LAW: Judicial review – State authority – Decision to revoke road reserve providing access to applicant's hotel – Whether detrimental to applicant – Doctrine of legitimate expectation – Whether ought to be enforced – Whether applicant relied on representation of relevant authorities that there would be road access to hotel – Whether incumbent on court to protect interest of parties whose expectations had been created by conduct of particular authorities

ADMINISTRATIVE LAW: Exercise of judicial functions – Judicial review – Whether applicant adversely affected – Whether applicant aggrieved party – Whether applicant crossed threshold of locus standi – Whether applicant entitled to judicial review

ADMINISTRATIVE LAW: Judicial review – State authority – Act of alienating reserved road to company – Whether exercise of unfettered statutory power – Whether authority acted within bounds of statute – Whether court could intervene in exercise of statutory duties

LOCAL GOVERNMENT: State authority – Road reserve – Decision to revoke road reserve providing access to applicant's hotel – Whether detrimental to applicant – Doctrine of legitimate expectation – Whether ought to be enforced – Whether applicant relied on representation of relevant authorities that there would be access to hotel – Act of alienating reserved road to company – Whether exercise of unfettered statutory power – Whether state authority acted within bounds of statute – Whether court could intervene in exercise of statutory duties

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CASE(S) HIGHLIGHT

Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment

More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.

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ARTICLE HIGHLIGHT

CAT orders Law Society to pay up to £230,000 costs in abuse of dominance case while first opt-out consumer damages class action fails

UK
Competition
Law Society punished for abusing dominant position in legal training market
The Competition Appeal Tribunal (CAT) has hit the Law Society with a costs order of up to £230,000 to pay an online training provider after finding it breached competition law in a ruling published this week, while the first CAT opt-out consumer class action was withdrawn.

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Bilkis Bano case: Convicted cop fails get relief from Supreme Court

The Supreme Court on Tuesday refused to stay the Bombay high court’s conviction of an IPS officer in the 2002 Bilkis Bano gang rape case in Gujarat. A vacation bench headed by Justice AK Sikri also declined IPS officer RS Bhagora’s request to list his appeal against the conviction verdict soon. The court refused to interfere keeping in view the gravity the offence against the convicted officer.

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Bombay High Court convicts police and doctors in Bilkis Bano gangrape case

The Bombay High Court on Thursday convicted five police officers and two doctors of tampering with evidence in the gang rape of a pregnant woman and the murder of her family during one of the worst incidents of religious unrest since independence. Bilkis Bano was gang raped and seven of her relatives were killed during religious riots that broke out in the western state of Gujarat in 2002.

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U.S. Supreme Court Curbs Patent-Holder Power to Block Resale

US
Intellectual property
Lexmark cannot use patent law to stop companies from refilling and selling its toner cartridges
The U.S. Supreme Court said companies give up their patent rights when they sell an item, in a ruling that puts new limits on businesses’ ability to prevent their products from being resold at a discount.

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Implications of the Chevron Case for Multinational Clients

AUSTRALIA
Tax
Chevron decision will have broader implications for large multinational taxpayers
In recent years, the Australian Taxation Office (ATO) has focused much energy in the transfer pricing arena, firstly due to the issue becoming part of the OECD's ongoing investigation into international tax practices and secondly due to the political and social issues arising from the perception that "big business" fails to pay its "fair share" of tax in Australia.

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Supreme Court upholds wheelchair user's claim against bus company

UK
Employment
Bus company discriminated against wheelchair user
The Supreme Court has ruled that a bus company discriminated against a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy who was not willing to move. In reaching its decision in the case of Paulley v First Group, the Court overturned the Court of Appeal's 2015 decision that there had been no discrimination. Nevertheless, the claim did not meet with unqualified success.

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