Lexis®India Newsletter – 15 May, 2017

Landmark Judgements

  1. The Supreme Court, in State (through) Central Bureau of Investigation vs. Shri Kalyan Singh (former CM of UP) and Others, has held that nothing prevents this Court from utilizing power of this Court under Article 142 of Constitution of India, 1950 to transfer a proceeding from one Criminal Court to another Criminal Court under the same High Court as Section 406 of Code of Criminal Procedure, 1973 does not apply at all. [(2017) 2 MLJ (Crl) 369 (SC) : LNIND 2017 SC 208]Read more
  2. The Supreme Court, in In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials, has held that back door access to inadmissible evidence by marking the entire confession statement in the attempt to prove the admissible portion under Section 27 of Indian Evidence Act, 1872 should be strictly avoided. [(2017) 2 MLJ (Crl) 364 (SC) : LNINDORD 2017 SC 5523]Read more
  3. The Supreme Court, in Yeshwant Gramin Shikshan Sanstha vs. Assistant Provident Fund Commissioner and Others, has held that once an establishment is covered under any one of the excepted category under Section 16 of Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, 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. [2017-II-LLJ-257 (SC) : LNIND 2017 SC 118]Read more
  4. The Madras High Court, in D. Ramganesh and others vs. Tamil Nadu Public Service Commission, rep. by its Joint Secretary, Chennai-3 and others, has held that any attempt of suppression of material facts relating to the involvement of the candidate in any criminal case either before the process of recruitment for the post of a Civil Judge is initiated or during the process of selection or even thereafter would squarely disentitle the candidature of such a person to be taken into account, leading to his appointment in the service. [(2017) 3 MLJ 513 : LNINDORD 2017 MAD 113]Read more

Legal News

  1. The Supreme Court has issued a circular regarding the commencement of hearing of petitions challenging practices like triple talaq, polygamy and nikah halala, but has not mentioned the name of the judges who will be part of the Constitution Bench.
  2. The Supreme Court has rejected a PIL filed by a Delhi BJP leader which sought a direction to the Centre to make study of Hindi compulsory for all students of Classes I-VIII telling him to approach the Government directly as “his party was in power”.
  3. Justice CS Karnan has ‘issued’ a non-bailable warrant against seven judges of the Supreme Court invoking his powers under Article 226 of the Constitution of India, 1950 and Section 482 of CrPC and also “in the interest of the nation to protect the general public from corruption and unrest”.
  4. A seven-judge Constitution Bench of Supreme Court headed by the Chief Justice of India had ordered the medical examination of Justice Karnan, who is facing contempt proceedings.

Legislation Updates

New Acts:-

  • Central Goods and Services Tax Act, 2017
  • Integrated Goods and Services Tax Act , 2017
  • Union Territory Goods and Services Tax Act, 2017
  • Goods and Services Tax (Compensation to States) Act, 2017
  • Mental Healthcare Act, 2017

New Rules:-

  • Energy Conservation (Venture Capital Fund for Energy Efficiency ) Rules, 2017

Amendments:-

  • Information Technology Act, 2000 (Finance Act, 2017)
  • Trade Marks Act, 1999 (Finance Act, 2017)
  • Copyright Act, 1957 (Finance Act, 2017)
  • Companies Act, 2013
  • Companies (Audit and Auditors) (Amendment) Rules, 2017
  • Companies (Meetings of Board and its Powers) (Amendment)Rules, 2017
  • Maternity Benefit (Amendment) Act, 2017
  • Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2017
  • Delhi Development Authority (Disposal of Developed Nazul Land ) Amendment Rules, 2017
  • Geographical Indications of Goods (Registration and Protection) Act, 1999 (Editorial corrections)

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