Lexis®India Newsletter

Landmark Judgements

1. The Supreme Court, in State of UP vs. Sunil, has held that any person can be directed to give his foot-prints for corroboration of evidence but the same cannot be considered as violation of the protection guaranteed under Article 20(3) of the Constitution of India, 1950. It may, however, be noted that non-compliance of such direction of the Court may lead to adverse inference, nevertheless, the same cannot be entertained as the sole basis of conviction. [LNIND 2017 SC 244]Read more
2. The Supreme Court, in Mukesh and Another vs. State for NCT of Delhi and Others (Nirbhaya Case), has held that the present case clearly comes within the category of ‘rarest of rare case’ where the question of any other punishment is ‘unquestionably foreclosed’ and the High Court has correctly confirmed the death penalty and this Court sees no reason to differ with the same. [(2017) 2 MLJ (Crl) 480 (SC) : LNIND 2017 SC 252]Read more
3. The Madurai Bench of Madras High Court, in Kalaichelvan @ Dhanush K. Raja vs. R. Kathiresan and Another (Actor Dhanush Case), has held that the prayer of the Kathiresan couple for DNA profiling to be done on Actor Dhanush cannot be entertained in the absence of making out a prima facie case from their own pleadings and documents submitted before the Trial Court as well as this Court. [(2017) 2 MLJ (Crl) 498 : LNINDORD 2017 BMM 127]Read more

Legal News

(a) The Supreme Court’s Vacation Bench has stayed the grant of Rs.55.5 lakh compensation awarded by the Delhi High Court to a Wing Commander in the Indian Air Force, who sued the Ministry of Defence and the Hindustan Aeronautics Limited, for his injuries which he suffered while bailing out of a fighter aircraft, whilst on duty in a MiG 21 aircraft in 2005.
(b) The Times Now network has sued its former Editor in Chief, Arnab Goswami for copyright infringement accusing him of stealing their intellectual property.
(c) The International Court of Justice has begun hearing India’s application seeking a stay on the execution of former Indian Navy Officer Kulbhushan Jadhav, who was sentenced to death by a Pakistani Military Court on espionage charges.
(d) Being disgusted by his schoolmates’ addiction to sex videos, the latest Petitioner who is a 16-year-old class 12 student from Rajasthan knocked on the Supreme Court’s doors through his lawyers seeking a complete ban on online porn.

Legislation Updates

Central Acts:-

  • The Marine Insurance Act, 1963
  • Indian Bills of Lading Act, 1856

New Regulations:-

  • Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017
  • Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017

Amendments:-

  • Customs Act [under Bare Act C-40: Customs Act, 1962] – Finance Act, 2017
  • Industrial Disputes Act [under Bare Act I-7: Industrial Disputes Act with Rules] – Finance Act, 2017
  • Railway Claims Tribunal Act [inder Bare Act R-13: Railway Claims Tribunal Act with Rules] – Finance Act, 2017
  • Telecom Regulatory Authority of India Act [under Bare Act T-1:Telecom Regulatory Authority of India Act, 1997] – Finance Act, 2017
  • Administrative Tribunals Act [under Bare Act A-2: Administrative Tribunals Act, 1985 with Rules] – Finance Act, 2017
  • Electricity Act [under Bare Act: E-2: Elkectricity Act, 2003 with rules] – Finance Act, 2017
  • Armed Forces Tribunal Act [under Bare Act A-18: Armed Forces Tribunal Act, 2007 with Rules] – Finance Act, 2017
  • Real Estate (Regulation and Development) Act [under Bare Act R-16: Real Estate (Regulation and Development) Act, 2016 with Rules & Regulations] – Commencement date notification
  • Apprenticeship (Third Amendment) Rules, 2017
  • Railway Claims Tribunal (Procedure) Amendment Rules, 2017
  • Finance Act, 2017
  • Cinematograph (Certification) (Amendment) Rules, 2017
  • Forest (Conservation) Amendment Rules, 2016
  • Public Premises (Eviction of Unauthorised Occupants) Amendment Rules, 2017
  • Drugs and Cosmetics (Seventh Amendment) Rules, 2017
  • Drugs and Cosmetics (Eighth Amendment) Rules, 2017
  • Drugs and Cosmetics (Ninth Amendment) Rules, 2017
  • Commencement date notification
  • Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2017
  • Passport (Amendment) Rules, 2017
  • Passport (Amendment) Rules, 2016
  • Ease of Compliance to Maintain Registers under Various Labour Laws Rules, 2017
  • Postgraduate Medical Education (Amendment) Regulations, 2017
  • Narcotic Drugs & Psychotropic Substances (Second Amendment)  Rules, 1985
  • Repealing and Amending Act, 2016
  • Central Motor Vehicles (Third Amendment) Rules, 2017
  • Central Motor Vehicles (Fourth Amendment) Rules, 2017
  • Central Motor Vehicles (Sixth Amendment) Rules, 2017
  • Central Motor Vehicles (Seventh Amendment) Rules, 2017

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