Lexis®India Newsletter – 17 April, 2017

Landmark Judgements

1. The Supreme Court, in Yeshwant Gramin Shikshan Sanstha vs. Assistant Provident Fund Commissioner, has held that once an establishment is covered under any one of the excepted category under Section 16 of the Employees’ Provident Funds and Miscellaneous Provisions Act, the authorities under the Central Act cannot exercise authority over it or call upon the establishment to comply with the provisions of the Central Act. [LNIND 2017 SC 118]Read more
2. A division bench of the Delhi High Court, in Prem Mardi vs. Union OF India and others, has upheld the Single Bench order dismissing a plea seeking quashing of the certificate issued by the Central Board of Film Certification (CBFC) to the movie MSG 2: The Messenger and direction to the Ministry of Home Affairs to issue appropriate orders to YouTube to take down the trailer of the movie. [LNIND 2017 DEL 1149]Read more
3. In hearing an appeal filed against an order convicting the accused of offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Bombay High Court, in Smt. Usha Pandurang Tanpure vs. the State of Maharashtra, has held that the role of a Trial Judge is not that of a referee, umpire or even a prosecutor, but that of a participant in a trial. [LNIND 2017 BOM 164] Read more
4. In M/s.Chinthamani Foods & Feeds (P) Ltd vs. D. ChandrasekarIt, the Madras High Court has held that once the accused admitted the cheque, there is a presumption in favour of the complainant that the holder of the cheque received the cheque for discharge of whole or part of any debt or liability, but the presumption is rebuttable presumption. To disprove the presumption, the accused can adduce direct evidence to prove that the cheque in question was not supported by consideration or that he had not incurred any liability or debt. The accused can also rely upon circumstantial evidence and if circumstances to be relied upon are compelling, the burden shifts on the complainant. [[2017] 2 MLJ (Crl) 42 : LNIND 2017 MAD 666]Read more

Legal News

(a) With the appointment of Justice Indira Banerjee as the Chief Justice of Madras High Court, four major High Courts got women Chief Justices for the first time in the history of Indian judiciary. Delhi, Bombay and Calcutta High Courts are already being led by women Chief Justices.
(b) The CBI has asked Supreme Court to restore conspiracy charges against senior BJP leader L K Advani and other leaders of the party and the RSS in relation to Babri Masjid Demolition.
(c) In hearing a PIL filed by chartered accountant Mohan Bhide, The Bombay High Court has directed the State Government to file an affidavit in reply about its stand On Rs. 3,600-Cr Shivaji Memorial Statue.
(d) The Supreme Court has issued notice to the Centre and some States on a petition which sought a ban on cow protection vigilantes for indulging in violence.

Legislation Updates

State Acts:- Bihar

  • Bihar Appropriation (No. 4) ACT, 2015
  • Bihar Appropriation Act, 2016
  • Bihar Panchayat Samitis and Zila Parishads Act, 1961
  • Bihar State Universities Act, 1976

Amendments:-

  • Central Motor Vehicles (Twenty-second Amendment) Rules, 2016
  • National Legal Services Authorities (Amendment) Rules, 2017
  • Enemy Property (Amendment and Validation) Act, 2017

New Rules:-

  • Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
  • Supplementary Nutrition (under the Integrated Child Development Services Scheme) Rules, 2017
  • Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017

New Regulations:-

  • Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2012
  • Delhi Electricity Regulatory Commission (Terms & Conditions for Determination of Tariff for Grid-connected Solar Photo Voltaic Project) Regulations, 2013
  • Delhi Electricity Regulatory Commission (Net Metering for Renewable Energy) Regulations, 2014
  • Delhi Electricity Regulatory Commission (Demand Side Management) Regulations, 2014

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