Lexis®India Newsletter – 3rd April, 2017

Landmark Judgements

1. The Supreme Court, in Nidhi Kaim and Another vs. State of Madhya Pradesh and Others (Vyapam Case), has held that the jurisdiction conceived of under Article 142 of the Constitution, to do complete justice in a matter, cannot be invoked, in a situation as the one in hand. Even the trivialist act of wrong doing, based on a singular act of fraud, cannot be countenanced, in the name of justice. [(2017) 2 MLJ 412 (SC) : LNIND 2017 SC 71]Read more
2. The Supreme Court, in Central Bureau of Investigation vs. Sadhu Ram Singla and others, has held that encroaching into the right of the other organ of the Government would tantamount clear violation of the rule of law which is one of the basic structures of the Constitution of India. [(2017) 1 MLJ (Crl) 724 (SC) : LNIND 2017 SC 86]Read more
3. The Madras High Court, in Union Bank of India, rep. by its General Manager (HR) and another vs. D. Kalaichelvan, has held that while extending the pension scheme to the Writ Petitioner, it is to be kept in mind that he would not be paid more than 2/3 of the full pension, from the date of his exercising the option for Pension Scheme and that also would be subject to refund of the Provident Fund already withdrawn by the Writ Petitioner, with interest as permissible in law.  [2017-I-LLJ-557 (Mad) : LNIND 2016 MAD 3078]Read more
4. The Orissa High Court, in R. Waralaxmi vs. Southco and others, has held that the undertakings from the Writ Petitioner having not been obtained as per Orissa Civil Services (Pension) Rules, 1992 and the notice also being not issued in terms of the provisions of law to recover the excess amount, if any, the recovery of the entire amount of gratuity from her savings bank account without her notice is nothing but abuse of process of law and consequently, the violation of the principles of natural justice available to the Writ Petitioner. [2017-I-LLJ-574 (Ori) : LNIND 2017 ORI 43]Read more

Legal News

(a) The Supreme Court has suggested for an out-of-Court settlement to the vexed Ayodhya Ram temple issue saying these were matters of religion and faith.
(b) The Madras High Court has declined to direct the authorities to make correction in the mark sheets of a student, who wanted to pursue his higher studies in Jipmer pointing out that any correction in the date of birth, name or initial has to be made before completing the SSLC examination as per the rules.
(c) For the first time in the history of Supreme Court, the Seven Judge Bench has issued a bailable warrant to Calcutta High Court Judge, Justice Karnan, as he failed to appear before the Bench, hearing a suo-motu contempt proceedings against him.
(d) SC Permits Compounding of the Offence Of Causing Hurt During Robbery (394IPC) Punishable With Life Imprisonment.

Legislation Updates

State Acts:- Bihar

  • Bihar Finance Act, 2013
  • Bihar Finance Act, 2015
  • Bihar Government Premises (Allotment, Rent, Recovery and Eviction) Act, 1956
  • Bihar Gramdan Act, 1965Bihar Health Cess Act, 1977
  • Bihar Special Security Group Act, 2000
  • Bihar State Election Authority Act, 2008
  • Bihar State Government Employees’ Pension, Family Pension and Death-cum- Retirement Gratuity (Validation and Enforcement) Act, 2001
  • Bihar State Universities (Patna University of Bihar, Bhagalpur and Ranchi) Act, 1960
  • Bihar State University Commission Act, 1961
  • Bihar Taxation on Passengers and Goods (Carried by Public Service Motor Vehicles) Act, 1961
  • Bihar University Service Commission Act, 1976
  • Anugraha Narayan Sinha Institute of Social Studies Act, 1964
  • Bengal Alluvion and Diluvion Act, 1847
  • Bengal Irrigation Act, 1876
  • Bengal Rent Recovery (Under-Tenures) Act, 1865
  • Bengal Sanitary Drainage Act, 1895
  • Bengal Settled Estates Act, 1904
  • Bihar Prohibition and Excise Act, 2016
  • Patna University Act, 1961
  • Bengal Mohammadan Marriages and Divorces Registration Act, 1876
  • Bihar and Orissa Highways Act, 1926
  • Bihar and Orissa Kamiauti Agreement Act, 1920
  • Bihar and Orissa Medical Act, 1916
  • Bihar and Orissa Primary Education Act, 1919
  • Bihar and Orissa Public Demands Recovery Act, 1914
  • Bihar and Orissa State Aid to Industries Act, 1923
  • Bihar Disaster Management (Repeal) Act, 2007
  • Bihar Industrial Investment Promotion Act, 2016
  • Bihar Kolhan Civil Justice (Regulating and Validating) Act 1978
  • Bihar Hindu Religious Trusts Act, 1950
  • Bihar Essential Services Maintenance Act, 1948
  • Bihar Evacuee Property (Management) Act, 1953
  • Bihar Excise (Amending & Validating) Act, 1981
  • Bihar Excise (Amending and Validating) Act, 1995
  • Bihar Finance Act, 2006
  • Bihar Finance Act, 2007
  • Bihar Finance Act, 2008
  • Bihar Finance Act, 2010
  • Bihar Finance Act, 2012
  • Bihar Settlement of Taxation Disputes Act, 2016
  • Bihar Staff Selection Commission Act, 2002
  • Bihar State Public Libraries and Information Centre Act, 2008
  • Bihar Urban Land Tax Act, 1965
  • Bengal, Bihar and Orissa and- Assam Laws Act, 1912
  • Bihar Finance Act 2011
  • Nalanda Open University Act, 1995
  • Nalanda University Act, 2010
  • Patna University Act, 1976
  • Bengal Vaccination Act, 1880
  • Bihar and Orissa Village Administration Act, 1922
  • Bihar Finance Act, 1985
  • Bengal Land-Revenue Sales Act, 1841
  • Bihar Land Reforms Laws (Regulating Mines and Minerals) Validation Act, 1969
  • Bihar Legislature (Members’ Salaries and Allowances) Act, 1960
  • Bihar Lokayukta Act, 2011
  • Bihar Maternity Benefit (Repeal) Act, 1962
  • Bihar Police Sub-ordinate Services Commission Act, 2016
  • Bihar Protected Places Act, 1979
  • Bihar Public Irrigation and Drainage Works (Validating) Act, 1965
  • Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008
  • Bihar Executive Magistrates (Temporary Powers) Act, 1975
  • Bihar Finance Act, 1960
  • Bihar Finance Act, 1966
  • Bihar Prevention and Control of Agricultural Pests, Diseases and Noxious Weeds Act, 1953
  • Bihar Private Medical Colleges (Taking Over) Act, 1978
  • Bihar Prohibition of Smoking (Show-Houses) Act, 1954
  • Bihar Provincialisation of Roads and Hospitals Act, 1947
  • Bihar Re-enacting Act, 1970
  • Bihar State Laws (Authoritative Text in Hindi) Publication Act, 1974
  • Bihar State Legislature (Delegation of Powers) Act, 1968
  • Bihar State Legislature (Delegation of Powers) Act, 1969
  • Bihar State University (Constituent College) Service Commission (Repeal) Act, 2007
  • Bihar Waqfs Act, 1947
  • Chanakya National Law University Act, 2006
  • Chota Nagpur Rural Police Act, 1914
  • Darbhanga Improvement Act, 1934
  • Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya Act, 1962
  • Magadh University Act, 1961
  • Porahat Estate Act, 1893
  • Bihar Agricultural University (Repeal) Act 2016
  • Bihar Animal Sciences University Act, 2016
  • Bihar Appropriation (No-3) Act, 2016
  • Bihar Premises and Vehicles (Requisitions) Act, 1967
  • Bihar Premises and Vehicles (Requisitions) Act, 1978
  • Bihar State Aid to Industries Act, 1956
  • Bihar Waste Lands (Reclamation, Cultivation and Improvement) Act, 1946
  • Bihar Water Resources Department Mufassil Cadre Maintenance Act, 1998
  • Bihar Workmen’s Protection Act, 1948
  • Champaran Agrarian Act, 1918
  • Chota Nagpur Tenure Holders’ Rent Account Act, 1929
  • Dam Safety Act, 2006
  • Indira Gandhi Institute of Medical Sciences Act, 1984
  • Patna University Act, 1917
  • Sonthal Parganas Act, 1855
  • Bihar Appropriation (No-4) Act,2016
  • Bihar State University (Constituent Colleges) Service Commission Act, 1987
  • Bihar Electricity Supply Code, 2007

Amendments:-

  • Merchant Shipping (Limitation of Liability for Maritime Claims) Amendment Rules, 2017
  • Central Motor Vehicles (Twenty-second Amendment) Rules, 2016
  • Central Motor Vehicles (First Amendment) Rules, 2017
  • Central Motor Vehicles (Second Amendment) Rules, 2017
  • Right of Children to Free and Compulsory Education (Amendment) Rules, 2017
  • Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2017
  • Drugs and Cosmetics (Third Amendment) Rules, 2017

Amendments:-

  • Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
  • Smugglers and Foreign Exchange Manipulators (Receipt,  Management  and Disposal of Forfeited Property) Rules, 2006

Amendments:-

  • Specified Bank Notes (Cessation of Liabilities) Act, 2017

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