Lexis® India Newsletter – 01 March, 2017

Landmark Judgements

  1. The Supreme Court of India in Prabhakara Adiga versus Gowri & Ors. has held that when a judgment-debtor dies before the decree has been satisfied, it can be executed against legal representatives. Section 50 of CPC is not confined to a particular kind of decree. Decree for injunction can also be executed against legal representatives of the deceased judgment-debtor. [LNIND 2017 SC 78] Read more
  2.  The Supreme Court in MEHMOODA GULSHAN versus JAVAID HUSSAIN MUNGLOO has held that merely because the landlord has not examined the member of the family who intends to do business in the premises, he cannot be non-suited in case he has otherwise established a genuine need. [LNIND 2017 SC 76]Read more
  3.  The Supreme Court in T.A. KATHIRU KUNJU versus JACOB MATHAI & ANR has reiterated that in absence of proof of gross negligence, mere negligence will not amount to misconduct on part of an advocate. [LNIND 2017 SC 77]Read more

Legal News

  1. Former Chief Justice of India Altamas Kabir passed away in Kolkata after suffering prolonged illness.
  2. Supreme Court of India has asked the Bar Council of India to re-consider the age-limit restriction of 20 years for taking admission to the 5-year integrated law degree imposed by it for appearing Common Law Admission Test.
  3. The Supreme Court has issued directions to all state pollution control boards not to allow industrial units to operate if they do not have effluent treatment plants.

Legislation Updates

New Rule:-

  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Implementation Rules, 2016

New Regulation:-

  • Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 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
  • Real Estate (Regulation and Development) Removal of Difficulties Order, 2016

New Notification:-

  • Notification — For exemption from sections 3 and 4 of the Biological Diversity Act, 2002 (18 of 2003) for the purpose of utilization and conservation for research, breeding and training for food and agriculture


  • Employees’ State Insurance (Central) Third Amendment Rules, 2016

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