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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Draft Enviro Tax Law to be Approved?
21 March 2010
The draft of the environmental tax law is being submitted to Finance Minister Korn Chatikavanji for his review. If he decides to proceed, he will submit it to the Cabinet for its final approval, media reported.
The environment tax intends to tax major polluters, mostly targeting industries that pollute the air and waterways. If passed, the revenue generated from these taxes could reach up to between Bt10 billion and Bt 20 billion per year. Representatives from the Fiscal Policy Office were clear to note that the revenue generating potential was not the objective of the bill, but rather, a need to protect the environment and people affected by pollution.
If approved, individual ministries, such as Industry, Natural Resources and Environment ministries, could later issue their own tax rate regulations. |
Drummond Cleared in Thai Criminal Libel Suit
18 March 2010
Andrew Drummond, a British freelance journalist, has been cleared of two counts of criminal libel, local media reported. The suit was brought against Drummond after he published stories surrounding two expats involved in the Thailand’s sex industry.
Scottish nationals James Lumsden and Gordon May claimed that Drummond wrote defamatory statements regarding their involvement as businessmen in the sex industry in Pattaya.
Press freedom advocates at the Foreign Correspondent’s Club of Thailand noted that the ruling was particularly progressive because the libels involved were actually criminal offenses under Thai law. He continued, “The verdict demonstrates a fundamental respect for investigative reporting in the public interest. This is a good day for journalism and the law in Thailand”. |
Thailand Efforts at Protecting Intellectual Property Recognized
15 March 2010
The United State’s is expected to recognize Thailand’s efforts at protecting intellectual property rights (IPR).
The US has expressed the probability that Thailand’s status on their intellectual property rights watch list will be upgraded this year, after Thailand has showed commitment to protecting these rights. The US watch list categories their trading partners into priority foreign countries, priority watch list, watch list and monitoring list. Thailand is currently on the” priority watch list” but is expected to be upgraded to the “watch list”.
Thailand has reportedly made advances in protecting IPR by pushing through a law to ban film copyright violations in cinemas as well as drafting an act to punish landlords or others that condone the sale of copyright goods. Further, Thailand’s “creative economy” project--an economic stimulus package designed to promote Thailand’s creative-based industries--has brought Thailand praise for looking to protect IPR in the future. |
Incentives for Establishing Regional HQs
13 March 2010
Finance Minister Korn Chatikavanij announced new tax incentives for foreign companies that establish regional operating headquarters (ROH) in Thailand. The announcement was made while Korn was in Japan meeting with investors.
The incentive package is expected to give a 15 year corporate income tax waiver to companies that establish ROH in Thailand. Currently, these regional offices enjoy a 10 percent rate, compared to the 30 percent paid by other companies. Staff from ROH will have a 10 percent personal income tax rate for eight years. Also, ROH will no longer be required to produce 50 percent of their income from overseas and will now have five years to set up three overseas branches, instead of the current three years that is permitted.
It is hoped that instituting these measures will beat out the competition from Singapore and Malaysia, making Thailand’s new incentives more attractive.
The Board of Investment has approved these new ROH incentives and the package is expected to be approved by Cabinet in the coming weeks. |
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