Lexis®India Newsletter – 1st December

Landmark Judgements

1. The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B (4) of the Evidence Act is produced. [LNIND 2016 SC 559]
2. The Uttarakhand High Court in Lalit Kumar and others Vs. State of Uttarakhand has held that Shiksha Mitras, who are imparting elementary education in the state, cannot be exempted from the mandatory qualification of Teachers Eligibility Test, which is laid down by the National Council for Teachers Education, under Section 23(1) of The Right to Children to Free and Compulsory Education Act, 2009. [LNIND 2016 UTTAR 803]
3. A Division Bench of Uttarakhand High Court in Deepak Rana versus State of Uttarakhand and others has made the observation that socialism is a basic feature of the Constitution of India. [LNIND 2016 UTTAR 830]
4. The Calcutta High Court, while hearing an appeal in Belal @ Radheshyam Mondal vs. The State of West Bengal, has ruled that mere error in mentioning the date of occurrence at the time of framing charge cannot vitiate the trial under Section 464 of CrPC and, thus, cannot be a ground to invalidate the trial. [LNIND 2016 CAL 1617]
5. The Delhi High Court while hearing a PIL in Col Devinder Sherawat vs. Deputy Commissioner Sdmc And Ors, has issued directions to authorities concerned to prevent untoward incidents in future in Delhi schools. The issue arose after the death of children on premises of their schools due unsafe environment. [LNIND 2016 DEL 4330]
6. The Bombay High Court in Harsha Vs. State of Maharashtra while dismissing the petition has held that in order to become a junior division civil judge, it is mandatory for a candidate to clear all exams leading to the degree in first attempt. However this rule is applicable to fresh law graduates only. [LNIND 2016 BOM 407]

Article of Interest:

Address to the audience by Justice Ms. R. Banumathi, Judge, Supreme Court of India during ‘REGIONAL CONFERENCE ON ENVIRONMENT-2016’ Organised by the National Green Tribunal and the Southern States Pollution Control Boards/Committee at Chennai on 22.10.2016 published in Madras Law Journal – Civil (Journal Article) – [2016] 8 MLJ 1.

Legal News

(a) The Supreme Court has ruled that no one could have a copyright over the judgments delivered by it, and that orders can be reproduced in their raw form by anyone. In the judgment delivered by Justice Ranjan Gogoi and Justice N.V. Ramana, it was thereby ruled that Eastern Book Company could not claim monopoly over reporting judgments of the Apex Court.
(b) Prisoners undergoing sentence of life imprisonment in Gauhati Central Jail have filed a petition for parole so as to enable them to exchange “demonitised” notes which are in their possession. The Petitioners before Gauhati High Court cite their rights under Articles 14 and 21 of the Constitution in support of their petition.
(c) The Bombay High Court has refused to hear petitions filed by District Central Co-operative Banks on the issue of Demonetization of bank notes citing lack of clarity due to the Supreme Court’s order passed earlier.
(d) The Supreme Court has deferred the hearing the petitions against demonetisation to December 2 after Counsel appearing for petitioners insisted that challenge was posed in wider issue of the constitutional validity of the measure and not just confined to problems faced by the people in general.

Legislation Updates

Central Acts:-

  • Hazardous Wastes (Management and Handling Rules, 1989
  • Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993
  • Construction and Demolition Waste Management Rules, 2016
  • Bio-Medical Waste Management Rules, 2016
  • Drugs Act, 1940 (XXIII of 1940)

State Acts:- 

  • Uttar Pradesh Private Security Agencies Rules, 2009
  • Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011
  • Haryana Narcotic Drugs and Psychotropic Substances Rules, 1985

Other Legislation Updates

Amendments:

  • Enforcement date Notification –  Apprenticeship Rules [Under Bare Act No. A-10: the Apprentices Act, 1961 with Rules]
  • Enforcement date Notification –  Insolvency and Bankruptcy Code [under Bare Act No. I-23: Insolvency and Bankruptcy Code, 2016]

New Rules:

  • Micro , Small and Medium Enterprises Fund Rules [Under Bare Act: M-21: Micro, Small and Medium Enterprises Development Act, 2006 with Rules]
  • Regulation of Lead Contents in Household and Decorative Paints Rules [under Bare Act: E-14: Environment (Protection) Act, 1986 with Rules]

Notifications:

  • Notification regarding Provisions of Section 458 of the Companies Act, 2013 (18 of 2013) which shall apply to the Limited Liability Partnership Act, 2008 (6 of 2009)
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