Lexis®India Newsletter – 02 May 2017

Landmark Judgements

1. The Supreme Court, in Ravada Sasikala vs. State of Andhra Pradesh and Another, has held that when there is medical evidence that there was an acid attack on the young girl and the circumstances having brought home by cogent evidence and the conviction is given the stamp of approval, there was no justification to reduce the sentence to the period already undergone. [(2017) 2 MLJ (Crl) 181 (SC) : LNIND 2017 SC 89] Read more
2. The Kerala High Court, in Regional Director ESI Corporation vs. Jaymat Hotel Resorts Ltd. Rep. By Its Managing Director and Another, has held that in the light of the fact that the Employees’ State Insurance Act, 1948 applied to the club and the cottage which were already functioning in the premises where a hotel building was being constructed as a part of the very same project, it cannot be said that the persons employed in the construction of the hotel are not persons employed in connection with or incidental to the work of the club and the cottage. [2017-II-LLJ-36 (Ker) : LNIND 2016 KER 29515] Read more
3. The Patna High Court, in Shivjee Mahto versus State of Bihar and Others, has held that neither the pension sanctioning authority nor the State Government could have exercised the revisional power and reduced the pension of the Petitioner under Rule 139 of Bihar Pension Rules, 1950. [2017-II-LLJ-164 (Pat) : LNIND 2017 PAT 441] Read more
4. The Madras High Court, in J. Meena vs. T. Manikandan, has held that regarding custody of child, it is not only the human touch but the physical touch of the mother matters much for the emotional and physical growth of the child. [(2017) 3 MLJ 491 : LNIND 2017 MAD 713] Read more

Legal News

(a) The Supreme Court has restored criminal conspiracy charges against senior BJP leaders L K Advani, Uma Bharti, Murli Manohar Joshi and other leaders in the Babri Masjid demolition case.
(b) A Public Interest Litigation (PIL) has been filed seeking the Centre to enact the Uniform Civil Code (UCC) to bring all communities on the common platform in the light of diverse personal laws in different religions.
(c) The Supreme Court’s five-Judge Constitution bench comprising Justices Madan B. Lokur, R. K. Agrawal, Prafulla Chandra Pant, D. Y. Chandrachud and Ashok Bhushan has begun hearing on Assam Migrants issue referred to it by a two-Judge bench in the Assam Sanmilita Mahasangha vs. Union of India.
(d) The support of the Supreme Court Bar Association and a group of senior advocates to a lawyer facing contempt of Court for accusing the Court registry for not listing his case before a bench has irked Chief Justice of India.
(e) The Supreme Court has formed the Constitution Bench to hear the appeal against the Delhi High Court verdict in the WhatsApp case.

Legislation Updates

State Acts:- There are 203 bare acts newly added for Uttar Pradesh. Some of them are:

  • Uttar Pradesh Braj Planning And Development Board Act, 2015
  • Uttar Pradesh Development Council Act, 2006
  • Pargana of Kaswar Raja Act, 1911
  • United Provinces Badrinath (Sanitation and Improvement) (Repeal) Act, 1975

Central Acts:- There are 30 new legislations added. Some of them are:

  • Finance Act, 2016
  • Rights of Persons with Disabilities Act, 2016 [Persons with Disabilities (Equal Opportunities, Protection of  Rights and Full Participation) Act, 1955 (1 of 1996) —REPEALED]

Notifications:-

  • 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
  • Notification – Biological Resources notified as Normally Traded Commodities
  • Notification regarding use of Aadhaar under the Employees’ Pension Scheme, 1995

Orders:-

  • Mines and Minerals (Development and Regulation) Removal of Difficulties Order, 2017
  • Real Estate (Regulation and Development) Removal of Difficulties Order, 2016
  • Energy Efficient Induction Motors – Three Phase Squirrel Cage (Quality Control) Order, 2017

Rules:-

  • Minerals (Transfer of Mining Lease Granted Otherwise than through Auction for Captive Purpose) Rules, 2016
  • National Capital Territory of Delhi Real Estate (Regulation and Development) (Agreement for Sale) Rules, 2016
  • Transfer of Property in Cantonments (Form of Notice and Manner of Giving Such Notice) Rules, 2016

Click here to register for Lexis®India Trial/Demo

For training, write to contact.in@lexisnexis.com

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s