Supreme Court Opinions |
THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi
The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.
SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse
The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.
The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.
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Thailand
Legal News Updates:
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NEWS : |
Film Fest Casualty under New Film Act
31 October 2009
The World Film Festival of Bangkok (WFF) was unable to screen a Thai film after it was banned under a Thai film law, according to media sources.
This Area Is Under Quarantine, a film directed by Thunska Pansittivorakul that reportedly featured gay sex and controversial politics, was deemed necessary for a review by a sub-committee under the Ministry of Culture.
Under the Film Act, festival organizers are required to submit synopsis of the films that are intended to be screened. The synopsis is then referred to the sub-committee who then decides if the films need to be submitted to the main rating committee.
According to media sources, the sub-committee said that the documents that film festival organizers were supposed to submit in order for the film to be rated were inadequate. Under the law, the film cannot be reconsidered in order to be rated, and as a consequence, could not be screened at the festival. |
TOT rejects Draft Law Article
29 October 2009
A new draft law that would establish a single broadcasting and telecom regulation body is a threat to the revenue of existing telecom agencies, a TOT spokesperson claimed.
Article 78 of the draft law on the National Broadcasting and Telecommunications Commission (NBTC) requires both the TOT and CAT Telecom state agencies to confer half of their concession revenue to the NBTC, to go into state coffers.
TOT and CAT have expressed concern over Article 78.
It was further reported that the Finance Ministry has contacted the state telecom agencies to inform them that they may be further required to transfer all of their concession revenues, not just half.
Concession revenues from TOT totaled Bt15.9 billion in the first 9 months of this year. |
Canadian Court to Decide on Extradition
28 October 2009
A court in Canada will most likely decide next week whether to extradite Rakesh Saxena, a suspect accused of bank embezzlement, to Thailand stated Sirisak Tiyaphan, director-general of the International Affairs Department at the Attorney General’s Office yesterday.
Saxena has reportedly embezzled 88 million USD (3 billion baht) from Bangkok Bank of Commerce reports a newspaper source.
Furthermore, the statute of limitations in his case will end next year.
See the Extradition Act, B.E. 2551 (A.D. 2008)
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DSI Suggests Amendments to Land Act
18 October 2009
A spokesman for the Department of Special Investigation (DSI) has suggested that amendments be made to the Land Act to prevent foreign ownership of land through Thai nominees and protect Thai sovereignty interests.
The recommendation comes amidst rumors of foreigners using Thai nominees to obtain prime land in tourist areas and industrial estates.
Although Thai land law allows foreigners to own 49 percent of shares in a limited company to own land, in actuality many companies are controlled and managed by foreigners said Pol Lt Col Prawuth.
The DSI recommends that the government lease land to foreigners directly, without foreigners having to obtain the land through indirect means. In this way, the government will have access to the exact number of foreign land leases.
Thai law allows entities to lease land for a maximum of 30 years. However, Siriporn Sajjanont, a university lecturer and researcher for the Thailand Research fund, reported that foreign investors in Rayong province, particularly from Scandinavian countries, have contracts that allow them to lease land for up to 90 years in some cases. |
Preparation of Draft Retail Bill
15 October 2009
The Commerce Ministry aims to submit the final version of the retail bill for Cabinet approval after public hearings are held next month, and the proposed law should be implemented by next year.
The retail bill is intended to provide a fair mechanism to control the expansion of retail giants and protect smaller retailers.
In order to create a clearer understanding between businesses and consumers and allow relevant sectors to voice their concerns and recommendations, the Internal Trade Department has arranged for public hearings across the country. Public hearings have already taken place in two provinces and another seven hearings have been scheduled for the next month.
Once the hearings have been completed, the Commerce Ministry will incorporate the findings into the final draft version to be submitted for Cabinet approval and Parliamentary endorsement. |
Organic Law Enforced Next Year
15 October 2009
An organic law involving industrial projects and environment impacts will be enforced by next May at the earliest. The law will support Article 67 of the Constitution if there is no opposition.
The government is also seeking to ease contention in the private sector by amending Article 51 of the National Environmental Quality Act. The amendment will allow for the formation of an independent environmental body for all industrial projects with major repercussions on the environment as mandated by the constitution, and is expected to come into effect within 90 days.
Currently, a court injunction has halted 76 industrial projects. Moreover, eight government units have been charged with negligence in performing their duties. |
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