Lexis®India Newsletter – 16 December, 2016

Landmark Judgements

1. The Supreme Court in  K.V. Prakash Babu versus State of Karnataka held that solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife cannot be regarded as mental cruelty which could attract Section 498A/306 of Indian Penal Code. [LNIND 2016 SC 565] Read more
2. The Supreme Court in MUKARRAB ETC. versus STATE OF U.P. has reiterated that ossification test cannot be the sole determining yardstick for arriving at an individual’s age. [LNIND 2016 SC 578] Read more
3. The Delhi Court in JAI BHAGWAN versus STATE OF DELHI while acquitting the accused has said that complete reliance placed on the separate dying declaration without considering the same in the context of ocular evidence with regard to the position on site was erroneous. [LNIND 2016 DEL 5183] Read more
4. A full bench of the Bombay High Court in Shri Shivram Dodanna Shetty versus Sou. Sharmila Shivram Shetty while deciding whether an appeal under Section 19(1) of the Family Courts Act, 1984 will be governed by the period of limitation prescribed under Section 19(3) of the same act or Section 28(4) of the Hindu Marriage Act, 1955 has held that a Hindu can marry 90 days after his/her marriage has been dissolved through a decree, provided no appeal is pending against the decree. [LNIND 2016 BOM 651] Read more

Article of Interest:

OH! JUDGES & OH! LAWYERS AN APPEAL FOR INTROSPECTION! ON WHY DID THE STRIKE OF THE LAWYERS END IN A FIASCO? By C.K.Rajan, Advocate, Madurai Bench of the Madras High Court published in Madras Law Journal – Civil [2016] 6 MLJ 33 Read more

Legal News

(a) The Supreme Court issued an interim order making it mandatory for all cinema theatres to play the national anthem before a movie begins during which the national flag is to be shown on the screen. The bench has issued guidelines on singing and commercial use of the National Anthem while hearing a Public Interest Litigation.
(b) A division bench of the Supreme Court has raised doubt over the correctness of an earlier judgment while deciding the issue of cross objections in an arbitral proceeding and applicability of Civil Procedure Code an arbitration appeal proceedings under Section 37 of the Arbitration and Conciliation Act, 1996. Expressing doubt, the matter has now been referred to a larger bench for reconsideration.
(c) The Supreme Court rejected an application seeking to make the singing of National Anthem mandatory in all the subordinate courts, district courts and higher courts including the Supreme Court on technical grounds.
(d) Justice Jagdish Singh Khehar will be the 44th Chief Justice of India and will be sworn in as Chief Justice of India on January 4, 2017.
(e) The Bombay High Court through its registry has directed all lower courts to accept demand drafts and cheques for the purpose of payments of bail bonds in response to the demonitization.

Legislation Updates

Central Acts:-

  • Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2016
  • Indian Income-Tax Act, 1922 (11 of 1922)

State Acts:- 

  • Uttar Pradesh Factories Rules, 1950
  • Bombay Agricultural Produce Market Act, 1939

 Amendments:-

  • Aircraft (Third Amendment) Rules, 2016
  • Aircraft (Fourth Amendment) Rules, 2016
  • Aircraft (Fifth Amendment) Rules, 2016
  • Insolvency and Bankruptcy Code, 2016
  • Debts Recovery Tribunal (Procedure) (Amendment) Rules, 2016
  • Debts Recovery Appellate Tribunal (Procedure) (Amendment) Rules, 2016
  • Debts Recovery Appellate Tribunal (Financial and Administrative Power) (Amendment) Rules, 2016
  • Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) (Amendment) Rules, 2016
  • The Security Interest (Enforcement) Amendment Rules, 2016
  • Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Amendment Regulations, 2016
  • Aircraft (Sixth Amendment) Rules, 2016
  • Registration of Electors (Amendment) Rules, 2016
  • Conduct of Elections (Amendment) Rules, 2016
  • Employees’ Pension (Sixth Amendment) Scheme, 2016
  • Employees’ Provident Funds (Fifth Amendment) Scheme, 2016
  • Employees’ Provident Funds (Sixth Amendment) Scheme, 2016
  • Central Motor Vehicles (Ninth Amendment) Rules, 2016
  • Central Motor Vehicles (Tenth Amendment) Rules, 2016
  • Central Motor Vehicles (Eleventh Amendment) Rules, 2016
  • Central Motor Vehicles (Twelfth Amendment) Rules, 2016
  • Central Motor Vehicles (Thirteenth Amendment) Rules, 2016
  • Central Motor Vehicles (Fourteenth Amendment) Rules, 2016
  • Central Motor Vehicles (Fifteenth Amendment) Rules, 2016
  • Central Motor Vehicles (Sixteenth Amendment) Rules, 2016
  • Central Motor Vehicles (Seventeenth Amendment) Rules, 2016
  • Central Motor Vehicles (Eighteenth Amendment) Rules, 2016
  • Central Motor Vehicles (Nineteenth Amendment) Rules, 2016
  • Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Amendment) Regulations, 2016
  • Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2016
  • Corrigendum to GSR 166(E ), dated 15-Feb-2016
  • Enforcement date notification – Sick Industrial Companies (Special Provisions) Repeal Act [under Bare Act S-9: Sick Industrial Companies (Special Provisions) Act, 1985 with Rules]
  • Enforcement date notification – Payment and Settlement Systems Act [under Bare Act P-46: Payment and Settlement Systems Act, 2007 with Regulations]
  • Enforcement date notification – Limited Liability Partnership Act [Under Bare Act L-6 : Limited Liability Partnership Act, 2008 with Rules and Bare Act L-8 : Limited Liability Partnership Act, 2008]
  • Enforcement date notification – Recovery of Debts Due to Banks and Financial Institutions Act, 1993 now renamed as “Recovery of Debts and Bankruptcy Act, 1993” [under Bare Act R-3: Recovery of Debts and Bankruptcy Act, 1993 with Rules]
  • Enforcement date Notification – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act [Bare Act S-6: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act with Rules]
  • Enforcement date Notification – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act [Bare Act S-6: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act with Rules]
  • Amendment notification – Securitisation Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions [under Bare Act S-6: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act with Rules]
  • Enforcement date notification – Income Tax Act [under Bare Act I-18: Income Tax Act, 1961]
  • Enforcement date notification – Customs Act [under Bare Act C-40: Customs Act, 1962]
  • Enforcement date notification – Central Excise Act [Under Bare Act C-6: Central Excise Act, 1944]
  • Enforcement date notification – Companies Act [under Bare Act C-29: Companies Act, 2013]
  • Amendment to Schedule II – Companies Act [under Bare Act C-29: Companies Act, 2013]
  • Enforcement date notification – Sick Industrial Companies (Special Provisions) Repeal Act [under Bare Act S-9: Sick Industrial Companies (Special Provisions) Act 1985 with Rules]
  • Enforcement date notification – Sick Industrial Companies (Special Provisions) Repeal Act [under Bare Act S-9: Sick Industrial Companies (Special Provisions) Act 1985 with Rules]
  • Enforcement date notification – Sick Industrial Companies (Special Provisions) Act [under Bare Act S-9: Sick Industrial Companies (Special Provisions) Act 1985 with Rules]
  • Enforcement date notification – Forign Exchange Management Act [Under Bare Act F-7: Foreign Exchange Management Act, 1999 with Rules & Regulations]

 New Regulations:-

  • Insolvency and Bankruptcy Board of India (Insolvency Professional Agencies) Regulations, 2016 [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016]
  • Insolvency and Bankruptcy Board of India (Model Bye-laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016]
  • Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016]

 

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