Lexis®India Newsletter – 15 February, 2017

Landmark Judgements

1. The Supreme Court of India in COMMISSIONER OF CUSTOMS,MUMBAI versus M/S ABAN LOYD CHILES OFFSHORE LTD. & ORS. has held that mere repair of a vessel is not putting the vessel to use in India and would not result in home consumption as the vessel was not utilized within the territory of India. Repairs are carried on the vessel and not to utilize the vessel. It would not amount to utilization or operation of the vessel/rig in India. [LNIND 2017 SC 47] Read more
2. The Supreme Court in KULDEEP SINGH PATHANIA versus BIKRAM SINGH JARYAL has held  for an enquiry under Order VII Rule 11 (a) of Code of Civil Procedure, only the pleadings of the plaintiff-petitioner can be looked into even if it is at the stage of trial of preliminary issues under Order XIV Rule 2(2). [LNIND 2017 SC 36] Read more
3. The Supreme Court in State of Himachal Pradesh & Ors. versus Naval Kumar alias Rohit Kumar has reduced the compensation by 35 lakhs paid to a boy completely paralysed after getting electrocuted by a high tension live wire.  The Apex Court held that while future income computed was correct, the rest of computation was on the higher side. [LNINDU 2017 SC 42] Read more

Legal News

(a) The Calcutta High Court on Friday issued rule of contempt against Petitioners, who had demanded transfer of criminal cases to any other competent Court, even though similar relief had been rejected in earlier proceedings, continued to file multiple petitions for similar reliefs.
(b) Ministry of Consumer Affairs, Food & Public Distribution has issued a notification which states that the individual beneficiaries having Ration Cards under National Food Security Act to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication to receive subsidies.
(c) Supreme Court, in a first of sorts, issued contempt notice to Calcutta High Court Judge CS Karnan for writing a letter to Prime Minister alleging corruption charges against 20 sitting and retired judges of the apex court and high courts.

Legislation Updates

 Central Acts:-

  • Cpcsea Guidelines for Laboratory Animal Facility
  • Guidelines for Safety in Biotechnology
  • Ministry of Environment and Forests Notification, Genetic Organisms, 1989

 State Acts:-

  • Bangalore Water Supply and Sewerage (Amendment) Act, 2016
  • Karnataka Police (amendment) Act, 2016
  • KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF BUSINESS AND ADDITIONAL FUNCTIONS) (AMENDMENT) ACT, 2016
  • KARNATAKA STAMP (FOURTH AMENDMENT) ACT, 2016
  • KARNATAKA STATE OPEN UNIVERSITY (AMENDMENT) ACT, 2016
  • Sri Malai Mahadeswaraswamy Kshethra Development Authority (Amendment) Act, 2016
  • Karnataka Forest (Amendment) Act, 2016
  • The Madhya Pradesh Nagarpalik Vidhi (Dwitiya Sanshodhan) Adhiniyam, 2016
  • The Madhya Pradesh Nagarpalik Vidhi (Dwitiya Sanshodhan) Adhiniyam, 2016
  • BIHAR MOTOR VEHICLE TAXATION (AMENDMENT) ACT, 2016
  • PUNJAB EXCISE (AMENDMENT) ACT, 2016
  • PUNJAB MUNICIPAL (AMENDMENT) ACT, 2016
  • THE PUNJAB STATE COMMISSION FOR WOMEN (AMENDMENT) ACT, 2016
  • PUNJAB MUNICIPAL (SECOND AMENDMENT) ACT, 2016
  • PUNJAB SCHOOL EDUCATION BOARD (AMENDMENT) ACT, 2016
  • PUNJAB VALUE ADDED TAX (AMENDMENT) ACT, 2016
  • PUNJAB WATER SUPPLY AND SEWERAGE BOARD (AMENDMENT) ACT, 2016
  • PUNJAB STATE COMMISSION FOR WOMEN (SECOND AMENDMENT) ACT, 2016

 New Rules:-

  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Implementation Rules, 2016
  • Andaman and Nicobar Islands Real Estate (Regulation and Development) (General) Rules, 2016

 New Orders:-

  • Mines and Minerals (Development and Regulation) Removal of Difficulties Order, 2017
  • Energy Efficient Induction Motors – Three Phase Squirrel Cage (Quality Control) Order, 2017

 Amendments:-

  • Employees’ State Insurance (Central) Third Amendment Rules, 2016
  • Right to Information Act [under Bare Act R-9: Right to Information Act, 2005 with Rules & Regulations] – Amendment to Schedule

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