Lexis®India Newsletter – 1st February 2017

Landmark Judgements

1. The Madras High Court has held that prima facie the bye-laws of Church of Sought India cannot be said to be in derogation of the Constitution of Church of South India and thus for the coming election process both the amended Constitution and the bye-laws as framed would apply. [(2017) 1 MLJ 385] Read more
2. The Supreme Court has held that all the office bearers of BCCI and of its affiliated State Associations who fail to meet the norms recommended by the Committee and accepted by this Court shall forthwith demit and cease to hold office. [(2017) 1 MLJ 300 (SC)] Read more
3. The Madras High Court has held that the learned Additional Public Prosecutor appearing for the Respondent/Police has not satisfied the Court about the mandatory compliance of Rule 7(1) of the SC and ST (Prevention of Atrocities) Rules and has also not explained as to how the trial is legal, when there is no evidence in this case to show that PW-7/DSP had been authorized in writing to investigate the case under the said Rules. Therefore, the entire investigation would stand vitiated. [(2016) 4 MLJ (Crl) 220] Read more
4. The Rajasthan High Court has held that it was a voluntary act with full awareness apparent from the fact that even thereafter Appellant continued to accept the monetary benefits, provident fund, gratuity etc. on subsequent dates. [2017-I-LLJ-236 (Raj)] Read more

 

Legal News

(a) The Supreme Court was informed by the Centre that it is withdrawing its 2016 Notification allowing Jallikattu in Tamil Nadu in view of the fresh legislation passed by the State Assembly on the issue.
(b) The Supreme Court has held that physically handicapped OBC Candidates can’t claim 10 attempts in Civil Service Examination.
(c) The Supreme Court has directed all the State Home Secretaries to file a response to it about the vacancies in State police forces within four weeks.
(d) Animal rights organizations headed by Animal Welfare Board of India moved the Supreme Court challenging the new law passed by the Tamil Nadu Assembly to allow bull-taming sport “jallikattu” and a bench headed by Justice Dipak Misra has agreed to hear.

 

Legislation Updates

Central Acts:-

  • Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014
  • Companies (Compromises, Arrangements and Amalgamations) Rules 2016
  • National Company Law Tribunal Rules, 2016
  • Ministry Of Environment, Forests and Climate Change
  • Plastic Waste Management Rules, 2016
  • The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998

State Acts:-

  • Haryana Contract Labour (Regulation and Abolition) Rules, 1975
  • Punjab Private Security Agencies Rules, 2007
  • Maharashtra Workmen’s Compensation Rules, 1934
  • Delhi Supply and Sale of Hemp Drugs Rules, 1976
  • Delhi Legal Metrology (Enforcement) Rules, 2011

New Guidelines:-

  • Wood-Based Industries (Establishment and Regulation) Guidelines, 2016

New Regulations:-

  • Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
  • Insurance Regulatory and Development Authority of India (Investment) Regulations, 2016  =  [Insurance Regulatory and Development Authority of India (Investment) Regulations, 2000 —- REPEALED]
  • Insurance Regulatory and Development Authority of India Staff (Officers and Other Employees) Regulations, 2016   = [Insurance Regulatory and Development Authority of India Staff (Officers and Other Employees) Regulations, 2000 — REPEALED]
  • Central Electricity Regulatory Commission (Terms and Conditions for Dealing in Energy Savings Certificates) Regulations, 2016

New Rules:-

  • Atomic Minerals Concession Rules, 2016
  • Minerals (Transfer of Mining Lease Granted Otherwise than through Auction for Captive Purpose) Rules, 2016
  • Companies (Compromises, Arrangements and Amalgamations) Rules, 2016
  • National Company Law Tribunal (Procedure for Reduction of Share Capital of Company) Rules, 2016
  • Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016
  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Implementation Rules, 2016
  • Juvenile Justice (Care and Protection of Children) Model Rules, 2016 = [Juvenile Justice (Care and Protection of Children) Rules, 2007— REPEALED]

Amendments:-

  • Unorganised Workers’ Social Security (Amendment) Rules, 2016
  • Environment (Protection) Fifth Amendment Rules, 2016
  • Environment (Protection) Sixth Amendment Rules, 2016
  • Wetlands (Conservation and Management) Amendment Rules, 2016
  • Wetlands (Conservation and Management) Amendment Rules, 2016
  • Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2016
  • Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2016
  • Insurance Regulatory and Development Authority of India (Issuance of e-Insurance Policies) (First Amendment) Regulations, 2016
  • Mines and Minerals (Contribution to District Mineral Foundation) (Amendment) Rules, 2016
  • Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession (Amendment) Rules, 2016
  • Repealed by the Rights of Persons with Disabilities Act, 2016 (49 of 2016)
  • Special Economic Zones (Amendment) Rules, 2016
  • Special Economic Zones (Amendment) Rules, 2016
  • Special Economic Zones (Amendment) Rules, 2016
  • Employees’ State Insurance (Central) Third Amendment Rules, 2016

 New Act:-

  • Rights of Persons with Disabilities Act, 2016 [Persons with Disabilities  = (Equal Opportunities, Protection of  Rights and Full Participation) Act, 1955 (1 of 1996) —REPEALED]

Click here to register for Lexis®India Free Trial

For training, write to contact.in@lexisnexis.com

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s