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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.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

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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US Judge Dismisses Several Counts Against Men Accused of Plot to Overthrow Laos

15 November 2010

On Friday, a federal judge in Sacramento decided to dismiss several parts of a case against 12 men that were accused of plotting to overthrow the Laos government.

Stating that prosecutors did not include sufficient information in key parts of the indictment to provide each of the men a chance to appropriately defend themselves, US District Judge Frank Damrell dismissed five counts levied against the men. The Judge also found that sufficient evidence was lacking to support a few of the charges.

One of the counts dismissed was an assertion that the 12 men had violated the federal Neutrality Act. This act states that it is illegal for anyone staying in the United States to participate in a military or naval operation against the government of another country with which the United States is at peace.

The judge also stated that the US Attorney’s Office failed to provide clear evidence that this kind of military operation was being planned, and also did not provide enough evidence specifying the role each of the 12 men played in the plot. The United States government also had to demonstrate that this military operation had already begun to file charges under this Act, which Judge Damrell stated it had not.

However, the men still face charges of conspiring to violate the Act.

The plot included plans to transport weapons and human fighters to Laos, to attack the communist regime. The defendants all have ties to California’s Hmong community, and include retired US army Lt-Col Youa True Vang and eleven other men. Several of the defendants fought in the Vietnam War for the United States.

Asset-Bubble Fears Lead Thailand to Impose Loan Limits in Real Estate

15 November 2010

On Wednesday, the Thai Condominium Association reported that the central bank is considering imposing new limits on lending for some condominium and real estate purchases in Thailand, in an attempt to avoid a price bubble from forming in the country’s real estate market.

The new measures, although not yet approved, would require commercial banks to increase the amount of risk “weighed” on loans for condos that have a value of less than ten million baht.  The central bank would reduce the loan-to-value ratio (LTV) for all residential properties falling into this price category. The LTV is the percentage of a property’s value that is provided as a loan.

Due to a large growth in demand resulting from record low borrowing costs, condo sales have greatly increased in the wake of economic growth in Thailand. This is in large part due to developers targeting the market of first-time homebuyers, and thus building more condominiums that fall below 3 million baht in price.

The Central Bank of Thailand is considering these measures to create a higher sense of caution in mortgage lending, and to require banks to have a higher reserve of monetary resources on hand for loans that attain a higher risk weighting based on this new formula.

Higher competition in Thailand led to many banks reducing the down payment amount required to buy new property, which led to an increase in mortgage loan risk, and fears of an asset bubble forming in real estate in Thailand.


Aung San Suu Kyi Released from House Arrest

15 November 2010

In a decision that has made international headlines, the Burmese military junta released Aung San Suu Kyi from house arrest on Saturday, November 13, 2010.

Suu Kyi has spent 15 of the past 21 years under house arrest due to her persistent, and outspoken, opposition to the country’s authoritarian military rule. She has become the symbol of true democracy for Burma, also known as Myanmar, and the loyalty of her supporters was evident due to the crowd of several thousand people waiting outside the gates of her compound after her release.

On Sunday, Suu Kyi announced to her supporters that change must come to Burma, and that she will need their help to do so. Suu Kyi stated that there is still no rule of law in Burma, and she will continue to put her energy and effort towards challenging the military junta in this respect.

Aung San Suu Kyi had been released on two prior occasions from house arrest, in 1995 and 2002. She was arrested again shortly after each release, after returning to tactics to raise opposition against the Burmese military regime.


 
     


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