Lexis®India Newsletter – 17 July, 2017

Landmark Judgements

1. The Supreme Court of India, In Justice Sunanda Bhandare Foundation vs. Union of India and another, has directed the Central Government, State Governments and Union Territories to implement the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and has further directed the Secretary, Ministry of Welfare, Government of India, the Chief Secretaries of the States, the Administrators of Union Territories, the Chief Commissioner of the Union of India and the Commissioners of the State Governments and Union Territories to ensure the implementation of the Act in all respects including with regard to visually disabled persons. [[2017] 5 MLJ 94 : LNIND 2017 SC 242]Read more
2. The Supreme Court of India, in Kameng Dolo vs. Atum Welly, has upheld the declaration of the 2014 election of MLA Kameng Dolo as void under Representation of the People’s Act, 1951 paving way for fresh elections. [[2017] 5 MLJ 168 : LNIND 2017 SC 259] Read more
3. The Supreme Court of India, in Mahendra Singh Dhoni vs. Yerraguntla Shyamsundar and another, has held that only malicious or deliberate acts, or attempts, undertaken with the intention of outraging the religious beliefs of a class of citizens would be penalized, but not every act or attempt to insult religion or the religious beliefs of a class of citizens would be penalized under Section 295-A of the Indian Penal Code, 1860. [[2017] 3 MLJ (Crl) 92 : LNIND 2017 SC 217]Read more
4. The Delhi High Court, in Ajay Singh and Others vs. Kal Airways Private Limited and others, has directed Spice Jet to deposit Rs. 579 Crore in connection with the share transfer dispute with its previous owner Kalanithi Maran. [LNIND 2017 DEL 2091]Read more

Legal News

(a) A three Judges Bench of Supreme Court comprising of Chief Justice JS Khehar and Justices NV Ramana and Dr.DY Chandrachud has held that an appointment to a post or admission to an educational institution secured on invalid caste/tribe certificates void.
(b) The Supreme Court goes partially paperless after summer vacation. All fresh matters listed in the top five senior most Courts will be digitally filed in Court. This initiative is part of the massive drive to digitize Courts.
(c) BJP MP Subramanian Swamy has filed public interest litigation before the Delhi High Court seeking a time-bound court-monitored multi-disciplinary probe into the murder of Sunanda Pushkar, the wife of Congress leader Shashi Tharoor, who was found dead under mysterious circumstances at a five-star hotel suite.
(d) The Supreme Court Judges bench of Chief Justice J S Khehar and Justice D Y Chandrachud has asked the Central Government to tell within two weeks if the people with genuine reasons can be allowed to deposit demonetized currency notes of Rs 500 and 1000.

Legislation Updates

New Rules:-

  • Specified Bank Notes (Deposit by Banks, Post Offices and District Central Cooperative Banks) Rules, 2017
  • Rights of Persons with Disabilities Rules, 2017
  • Mineral Conservation and Development Rules, 2017

New Regulations:-

  • Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017

Amendments:-

  • Seeds (Control) Amendment Order, 2014
  • Seeds (Control) Amendment Order, 2017
  • Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Amendment Rules, 2017
  • Border Security Force (Amendment) Rules, 2017
  • National Institute of Disaster Management (Amendment) Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) (Fourth Amendment) Regulations, 2017
  • Securities and Exchange Board of India Act, 1992
  • Companies (Audit and Auditors) Rules, 2014.
  • 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

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