Lexis®India Newsletter – 15 March, 2017

Landmark Judgements

1. In a landmark Judgment of State of Karnataka vs. Selvi. J. Jayalalitha and others, the Supreme Court of India has restored conviction and sentence against Accused Nos.2 to 4 (VK Sasikala, Ilavarasi & Sudhakaran) in full with all consequential directions in the disproportionate assets case. Since Accused No. 1 (Jayalalithaa) has expired, the appeals against her stands abated. [(2017) 1 MLJ (Crl) 504 (SC)]Read more
2. The Supreme Court of India in Durga Prasad vs. Narayan Ramchandaani (D) Thr. Lrs. has held that Marriage will not extinguish the landlady’s bona fide need to re-take possession of rented premises. [(2017) 2 MLJ 199 (SC)]Read more
3. The Madras High Court in U. Joseph vs. Managing Director, TNSTC and others has directed the Management to release the terminal benefits after adjusting the amount imposed towards non-implemented punishment of increment cut within a period of two months and the gratuity shall be released in six equal monthly instalments. [2017-ILLJ-676(Mad)]Read more
4. The Kerala High Court in Secretary, Kerala State Electricity Board vs. Industrial Tribunal and others has held that if the workmen have a case that their service has been terminated prior to the completion of the project, it is for them to seek compensation. However, with respect to the claim for retrenchment compensation on account of the completion of the project, the workmen will not be entitled for any such benefit in the light of the definition of retrenchment. [LNIND 2016 KER 29651 : 2017-I-LLJ-744(Ker)]Read more

Legal News

(a) The Bar Council of India has reportedly directed all State Bar Councils to enroll fresh law graduates only after verifying their educational certificates, including 10th Standard, Senior Secondary, Graduation, if any, and the LL.B. degree certificates.
(b) The Supreme Court has decided to examine CBI’s appeal against the Special Court’s order discharging senior BJP leader LK Advani and others in connection with the Babri Demolition case.
(c) Supreme Court has refused to stay the arrest of Uttar Pradesh minister and Samajwadi Party leader Gayatri Prajapati in connection with cases of alleged gang rape and attempt to rape a woman and her daughter and also warned against giving a political colour to the entire episode.
(d) The Chief Information Commission has directed the Government and Marriage Registration Authorities to give widespread publicity through various media that Aadhaar is not mandatory for the purpose of marriage registration scheme.

Legislation Updates

State Acts:- Bihar

  • Bihar Agricultural Service Act, 1982
  • Bihar Agriculture Produce Market (Repealing) Act, 2006
  • Bihar Buildings (Lease, Rent and Eviction) Control (Amending and Validating) Act, 1949
  • Bihar Buildings (Lease, Rent and Eviction) Control (Validating) Act, 1959
  • Bihar Coaching Institute (Control and Regulation) Act, 2010
  • Bihar College Service Commission Act, 1976
  • Bihar Agricultural Produce Markets Act, 1960
  • Bihar Agricultural University Act, 2010
  • Bihar Apartment Ownership Act, 2004
  • Srimati Radhika Sinha Institute and Sachidanand Sinha Library (Requisition and Management) Act, 2015
  • Bihar Clinical Establishments (Control and Regulation) Act, 2007
  • Bihar District Act, 1992
  • Bihar Drug Advertisements Control Act, 1948
  • Bihar Elementary School Education Committee Act, 2007
  • Bihar Hindu Women’s Rights To Property (Extension to Agricultural Land) Act, 1948
  • Bihar Home Guards Act, 1947
  • Bihar Inter University Board (Repeal) Act, 2007
  • Bihar Intermediate Education Council Act, 1992
  • Bihar Jute Goods Control Act, 1949

Amendments:

  • Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Amendment) Regulations, 2016
  • Special Economic Zones (Amendment) Rules, 2016
  • National Legal Services Authorities (Second Amendment) Rules, 2015
  • Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Amendment Rules, 2008
  • National Legal Services Authority (Free and Competent Legal Services) (Amendment) Regulations, 2012
  • National Legal Services Authority (Free and Competent Legal Services) (Amendment) Regulations, 2014
  • Multi-State Co-operative Societies (Amendment) Rules, 2016
  • Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2016
  • Drugs and Cosmetics (First Amendment) Rules, 2017
  • Drugs and Cosmetics (Second Amendment) Rules, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) (Fourteenth Amendment) Regulations, 2016
  • Food Safety and Standards (Amendment) Rules, 2017

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