Lexis®India Newsletter

Landmark Judgements

(1) The Supreme Court of India, in Formula One World Championship Ltd. vs. Commissioner of Income Tax, has held that though there is an obligation to deduct tax, the obligation is limited to the appropriate portion of income which is chargeable to tax in India and in respect of other payments where no tax is payable, recourse is to be made under Section 195(2) of Income Tax Act, 1961. [(2017) 4 MLJ 405 (SC) : LNIND 2017 SC 227] Read more
(2) The Supreme Court of India, in Seeni Nainar Mohammed and Another vs. State, Rep. by Deputy Superintendent of Police, has held that the most important factor for determination before the Sanctioning Authority was that the acts done by a person must fall within the ambit of terrorist activity and the accused must be a terrorist as defined in Section 3(1) of Terrorist and Disruptive Activities (Prevention) Act, 1987. [(2017) 2 MLJ (Crl) 547 (SC) : LNIND 2017 SC 234] Read more
(3) The Madras High Court, in Techno Plastic Industries, Himachal Pradesh vs. Dart Industries Inc., Orlando, Florida 32837, U.S.A., has held that shapes, by themselves, cannot be said to be immune from copying though the same is within the public domain, unless and until they gain exclusivity either by being registered or acquire a distinctiveness that they cannot be associated with any other person than the prior user of such a shape. [(2017) 4 MLJ 385 : LNIND 2017 MAD 1561] Read more
(4) The High Court of Delhi, in Abigail Louisa Clark & Anr vs. State of NCT OF Delhi & Anr, has asked the Ministry of External Affairs to send communication to all Embassies and High Commissions in Delhi informing foreign nationals to be well aware of the Indian Laws in order to avoid inadvertent violations. [LNINDORD 2017 DEL 1071] Read more

Legal News

(a) The Supreme Court of India has agreed to hear a petition filed by Mohammed Abdul Faheem Qureshi, a lawyer and the President of All India Jamiatul Quresh Action Committee challenging the Constitutional validity of new Cattle Rules (Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017).
(b) The Supreme Court of India has held that a person cannot be held guilty of murder merely for the reason that he was the person last spotted with the victim of the crime.
(c) A Division Bench of the Kerala High Court had held that a person cannot be automatically deprived of his/her property rights acquired either by way of intestate or testamentary succession, due to the mere factum of joining a religious order and having renounced worldly pleasures.
(d) For the sake of legalizing betting and gambling, the Law Commission of India has invited views and suggestions from stakeholders and general public.

Legislation Updates

State Acts:- Karnataka

  • Arsikere Town Municipality (Extension of Limits) Act, 1982
  • Karnataka (Mineral Rights) Tax Act 1984
  • Karnataka Ancient and Historical Monuments and Archeological Sites and Remains Act, 1961
  • Karnataka Appropriation (Vote on Account) Act, 2008
  • Karnataka Court-fees and suits Valuation Act, 1958
  • Karnataka Debt Relief Act, 1980
  • Karnataka Education Act, 1983
  • Karnataka Slum Areas (Improvement and Clearance) Act, 1973
  • Loka Shikshana Trust (Taking Over of Management) Act, 1982
  • Government Grants (Karnataka Extension) Act, 1972
  • Hyderabad-Karnataka Area Development Board Act, 1991
  • Karnataka Irrigation Act, 1965
  • Karnataka Prevention of Destruction and Loss of Property Act, 1981
  • Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2014
  • Kitturu Development Authority Act, 2011
  • Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012
  • Karnataka Existing Laws (Construction of References to Values) Act, 1957
  • Karnataka Lake Conservation and Development Authority Act, 2014
  • Karnataka Land Grabbing Prohibition Act, 2011
  • Karnataka Legislature (Prohibition of Simultaneous Membership) Act,  1956
  • Karnataka Leprosy Laws (Repeal) Act, 1988
  • Karnataka Marine Fishing (Regulation) Act, 1986
  • Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976
  • Karnataka State Motor Vehicle (Special Provisions) Act, 2015
  • Municipal Taxation ( Karnataka Extension) Act, 1973
  • Mysore Palace (Acquisition and Transfer) Act, 1998
  • Mysore State Legislature Proceedings (Protection of Publication) Act, 1968
  • Mythic Society (Dissolution and Management) Act, 1976
  • National Law School of India Act, 1986
  • Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation  Act, 2002
  • Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management And Transfer) Act, 1972
  • Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006
  • Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994
  • Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996
  • Karnataka (Registration of Documents) Validation Act, 1964
  • Karnataka Appropriation Act, 2008
  • Karnataka Ground Water (Regulation for Protection of Sources of Drinking Water) Act, 1999
  • Karnataka Land Record of Rights Act, 1958
  • Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2007
  • Karnataka Repealing of Certain Enactments and Regional Laws Act, 2013
  • Karnataka Reservation of Appointments or Posts (In the Civil Services of the State) For Rural Candidates Act, 2000
  • karnataka right to information act 2000
  • Karnataka Souharda Sahakari Act, 1997
  • Karnataka Tank Conservation and Development Authority Act, 2014
  • Krantiveera Sangolli Rayanna Kshetra Development Authority Act, 2016
  • Kudala Sangama Development Board Act, 1994
  • Karnataka Agricultural Produce Marketing (Regulation) Act, 1966
  • Karnataka Health Cess Act, 1962
  • Karnataka Parliamentary Secretaries Salary, Allowances and Miscellaneous Provisions Act, 1963
  • Karnataka Professional Educational Institutions (Regulation of Admission And Fixation of Fee) (Special Provisions) Act, 2011
  • Karnataka Professional Educational Institutions (Regulation of Admission And Fixation of Fee) (Special Provisions) Act, 2013

New Rules:-

  • Specified Bank Notes (Deposit of Confiscated Notes) Rules, 2017

Amendments:-

  • Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fourth Amendment) Regulations, 2017
  • Railways Act [under Bare Act R-1: Railways Act with allied Acts and Rules]
  • Consumer Protection Act [under Bare Act C-33: Consumer Protection Act, 1986 with Rules]
  • Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
  • Insolvency and Bankruptcy Code, 2016
  • Taxation Laws (Amendment) Act, 2016
  • Central Excise Act,1944
  • Taxation Laws (Amendment) Act, 2017
  • Depositories Act, 1996
  • Companies Act, 2013
  • Companies (Acceptance of Deposits) Amendmet Rules, 2017
  • Aircraft (Third Amendment) Rules, 2017
  • Employee’s Compensation Act, 1923 General Conditions for Grant of Licence for Cultivation of Opium Poppy, 2016

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