Lexis®India Newsletter – 1st September

Landmark Judgements

1. The Supreme Court of India, in Shayara Bano vs. Union of India and others, has set aside the practice of ‘talaq-e-biddat’/triple talaq by 3:2 majority. [LNIND 2017 SC 415]Read more
2. The Madras High Court, in State and another vs. V.S. Sai Sachin and others, has held that the classification attempted by the impugned Policy Decision is an unrealistic and artificial one lacking any nexus to the object sought to be achieved. [(2017) 6 MLJ 1 : LNIND 2017 MAD 2491]Read more
3. The Supreme Court of India, in Ms. Eera Through Dr. Manjula Krippendorf vs. State (Govt. of NCT of Delhi) & Anr, has directed the State Legal Services Authority to award the compensation keeping in view the Scheme framed by the Delhi Government, as the accused has died and the victim is certified to be a mentally disabled person and is fighting the lis for some time to come within the purview of the Protection of Children from Sexual Offences Act, 2012 wherein the trial is held in a different manner and the provisions relating to the compensation are different. [(2017) 3 MLJ (Crl) 452 : LNIND 2017 SC 336]Read more
4. The Madras High Court, in K. Veeramani vs. Chairman, Teachers Recruitment Board, College Road, Chennai-6, has directed that the National Song “Vande Matharam” shall be played and sung in all schools/colleges/Universities and other educational institutions at least once a week and in all Government Offices and Institutions/Private companies/Factories and industries at least once a Month. [(2017) 5 MLJ 892 : LNINDORD 2017 MAD 2608]Read more

Legislation Updates

New Act:-

  • Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

New Rule:-

  • Goods and Services Tax Settlement of Funds Rules, 2017

Amendments:-

  • Companies (Incorporation) Second Amendment Rules, 2017
  • Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2017
  • Aircraft (Eighth Amendment) Rules, 2017
  • Central Goods and Services Tax (Fourth Amendment) Rules, 2017
  • Aadhar (Enrolment and Update) (Fourth Amendment) Regulations, 2016
  • Food Safety and Standards (Contaminants, Toxins and Residues) (Second Amendment) Regulations, 2017
  • Mahatma Gandhi National Rural Employment Guarantee Act, 2005
  • Collection of Statistics (Amendment) Act, 2017
  • Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Legal News

(a) The Nine Judges Bench of Supreme Court has given a unanimous verdict that privacy is a fundamental right and part of Article 21 of Constitution of India, 1950 which guarantees protection of life and liberty of an individual.
(b) The Constitutional Bench of Supreme Court of India comprising of Chief Justice and other justices from multi-religious background has set aside the practice of Triple Talaq by 3:2 majority. While Chief Justice Khehar and Justice Abdul Nazeer dissented, Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment.
(c) The Supreme Court of India has explained that the high way liquor ban imposed by it is not applicable to licenced bars and beverages outlets within municipal area.
(d) The Supreme Court has permitted a young mother to abort her 25 weeks old fetus observing that it was diagnosed with a neurological disorder causing absence of major portion of the skull and scalp.
(e) The Supreme Court has ruled that vehicle owners who don’t have a valid pollution certificate will not be able to renew the insurance of their vehicles and it has also issued a direction to all insurance companies to ensure polluting vehicles stay off the roads.

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