SC asks states to consider acid attack survivors under Disabilities Act

LINL15-DEc

Landmark Judgements31.  A Constitution Bench of the Supreme Court has held that in respect of cases, where the sentence is imposed by the Criminal Court under any law which falls within the proviso to Article 73(1)(a) of the Constitution, then the Appropriate Government would be the Central Government for exercising its power of remission, suspension as well as commutation as provided under Section 432 and 433 of the Criminal Procedure Code. In all other cases, if the sentence order is passed by the Court within the territorial jurisdiction of the concerned State, then, the concerned State Government would be the Appropriate Government. Also, where the law came to be enacted by the Union in exercise of its powers under Articles 248, 249, 250, 251 and 252 of the Constitution, though the legislative power of the States would remain, yet, the combined effect of these Articles read along with Article 73(1) (a) of the Constitution will give primacy to the Union Government in the event of any laws passed by the Centre prescribing the Executive Power to vest with it to the exclusion of the Executive Power of the State then such power will remain with the Centre. Union of India versus V. Sriharan @ Murugan & Ors  [LNIND 2015 SC 677]

2.  The Supreme Court has held that where a complaint has been filed under the Consumer Protection Act and the opposite party has not filed its version to the casewithin 30 days, the District Forum can, at the most, grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that. New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd [LNIND 2015 SC 683]
3. The Supreme Court has directed all the States and Union Territories to consider the plight of acid attack victims and take appropriate steps with regard to inclusion of their names under the disability list. Parivartan Kendra Vs. Union of India and others [LNIND 2015 SC 684]
4. The Supreme Court has referred to a Constitution Bench the issue relating to applicability of Section 11AB of the Central Excise Act on the differential duty amount paid under supplementary invoices due to price increase by virtue of price variation clause in the sale contract. M/s. Steel Authority of India Ltd Vs. Commissioner of Central Excise, Raipur [LNIND 2015 SC 686] 
Legal News3
(a)  The Delhi High Court has passed an interim order directing that all cases involving Intellectual Property disputes will not be transferred to the district court on account of enhancement of pecuniary jurisdiction of the Delhi High Court. The argument put forward by the Asian Patent Association was that Intellectual Property is an intangible asset whose value is not recorded in suits. The Court has fixed 19 December as the next date of hearing
(b)  The Central Information Commission has ruled that in a counselling and conciliation proceeding, confidentiality needs to be protected as per the law and in public interest. When there is a counselling between a person and a counsellor there emerges a fiduciary relationship.   Information regarding negotiation, mediation, conciliation and counselling fall under the exempted clause of information of other spouse and since the same is given in a fiduciary capacity, the same need not be disclosed as there is no public interest involved in such disclosure
(c) The Madras High Court granted an interim stay to Greenpeace foundation against the cancellation of its registration by the Registrar of Societies. The Court observed that the Registrar of Societies had not followed the principles of natural justice while passing the order of cancellation of its license.
(d) The Bombay High Court acquitted actor Salman Khan of all the charges in the hit-and-run case on the basis that the prosecution had failed to establish the charges against the actor.
Legislation Updates3
Central Notifications/Rules/Regulations:
 
Latest Notifications on Money Laundering, FEMA, Insurance and Food safety are now available online. Few of the important notifications which are now online are as follows:
  1. The Food Safety and Standards (Contaminants, Toxins, and Residues) (Amendment) Regulations, 2015
  2. The Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) Regulations, 2015
  3. The, Foreign Exchange  Management (Transfer or Issue of Security by a Person Resident Outside India) (Eleventh Amendment) Regulations,2015
  4. The, Companies (Management and Administration) Third Amendment Rules, 2015
 
State Notifications/Rules/Regulations
  1. Delhi Value Added Tax Amendment Act, 2015
  2. Delhi HC orders included

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