Supreme Court Opinions |
GROUNDS FOR DIVORCE
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 : |
Three More Foreign Businesses Registered under FBA
26 March 2010
Last month, three foreign firms were approved under the Foreign Business Act to operate consultancy businesses in Thailand. Under the FBA, foreign firms are restricted from operating consultancies unless they apply for and receive permission from the Business Development Department.
The three firms--Germany’s DB International, Taiwan’s Moh and Associates and Australia’s D2 Consult Ingenieure--have been approved to work on the construction of the mass transit Purple Line that will link Bang Sue and Bang Yai.
Last month alone, 24 foreign companies were approved for business under the FBA. Most of these firms were Japanese, with a combined investment worth Bt842 million.
Foreign business registration in Thailand has risen significantly since this time last year, with a 37 percent increase over the same period. |
300 Rai of Korat Land Can be returned to Government
26 March 2010
Three-hundred rai of the controversial 313 Rai of land located in Korat (Nakhon Ratchasima) could be returned to the Royal Forest Department as soon as the end of this month, local media reported. Land in Korat’s Khao Tian and Khao Yai Thieng Natural Reserves was under investigation by a committee after accusations of forest encroachment and violations of Thailand land law.
The 313 Rai plot was allocated to landless farmers after a Cabinet resolution in 1975. Thirteen rai of this land, according to the investigation committee, has a verifiable landlord. The rest of the land, 300 rai, has changed ownership, making it difficult to trace; it is this land that is slotted for reclamation.
The committee is also responsible for investigating the ownership of houses near the vacation home of Privy Councillor Surayud Chulanont. Although the homes have already been destroyed, without knowing who owned the homes, the Forest Department intends to reclaim the land for reforestation as well.
Villagers that are living on the land under question will be permitted to continue to do so.
The report by the investigation committee is to be reviewed by the end of the month and a final decision on how to proceed will be made. |
Draft Law for NBTC Passed
25 March 2010
A draft law that will govern the establishment of the National Broadcasting and Telecommunications Commission (NBTC) was passed by the House of Representatives yesterday.
Some members of the commission that was formed to draft the bill is still unsure whether 2.1Ghz spectrum licenses for the development of 3G wireless broadband services should be granted before the NBTC is legally formed. Other commissioners claim that the these licenses should be granted as soon as possible. A licensing plan is expected to be decided within the next three months.
The current draft governing the NBTC provides for 11 commissioners with expertise ranging from radio broadcasting to consumer protection. Candidates for the position of commissioners would be nominated by qualified organizations (22 persons) as well as by state agencies and ministries (22 persons). The Senate would then make the appointments of 11 people from this list of 44.
The Labor Unions of TOT and CAT Telecom are unhappy with section 78 of the draft and filed a petition last month to oppose it. This clause requires TOT and CAT to transfer part of its concessions revenue to the NBTC. |
URGENT: Property Tax Incentives Extended
24 March 2010
Property tax break incentives have been extended by another two months beginning 28 March, the Cabinet announced yesterday.
The mortgage registration and house transfer fees will remain at 0.01 percent before returning to 2 percent, and the special business tax will remain at 0.11 percent and return to 3 percent.
Prime Minister Abhisit Vejjajiva said the decision was made as a result of the backlog of registrations and the concern that around 10, 000 homebuyers would miss out on the incentive.
Thai Real Estate Association president Kittipol Pramoj expects a 10 percent increase in sales revenue this year, as a result of the tax breaks.
Tax breaks for property firms, however, will not be extended because these firms have already fared well under the incentives. |
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