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Saturday, September 15, 2012 1:02:28 AM
August 31, 2011 BGL PR states:
The Company still believes that the decision of the 5th Collegiate Court of Jalisco confuses the jurisdiction of Federal courts over issues regarding mining titles (validity, termination, compliance, terms, etc.) with the jurisdiction of State courts on commercial disputes as the one initiated by the Company, which relates to enforcement of an option agreement over shares of a company with underlying mining concessions. The dispute does not relate to the validity or terms of the mining concessions, but on the terms and enforcement of an option agreement. Therefore, being the dispute related to alleged breach of a commercial contract and not to the validity or terms of a mining concession, the State Courts have jurisdiction to rule on the dispute. In fact, the jurisdiction of State courts to hear the Company’s case was never objected by the defendants (they in principle objected the competence of Mexican courts vs US courts, but when ruled against, never objected the jurisdiction of State courts vs Federal courts in Mexico); nor was it objected when prohibitions on transfer of the relevant mining concessions were imposed to the National Mining Registry. The issue of jurisdiction of Federal courts in this case was brought ex-officio by the 5th Collegiate Court of Jalisco and not per petition of any of the parties to the case.
http://banderagold.com/news/news_article.asp?archived=1&id=99
Now, we need to question why there are no further case updates on the BGL site after 08/2011. The reason is simple. The Mexican Federal Court basically told BGL to get lost and that there is no way it can have concession titles.
The <public update> of CM is due shortly so there is no need to argue. This means the Registry will reflect the truth.
AIMHO too,
BB2
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