Lexis®India Newsletter – Issue 18

Landmark Judgements

1. The Supreme Court of India, in Justice K. S. Puttaswamy (Retd.) and Another vs. Union of India and Others, has held that the decision in M P Sharma which holds that the right to privacy is not protected by the Constitution stands over-ruled; the decision in Kharak Singh to the extent that it holds that the right to privacy is not protected by the Constitution stands over-ruled and the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of Constitution of India, 1950 and as a part of the freedoms guaranteed by Part III of the Constitution. [(2017) 6 MLJ 267 : LNIND 2017 SC 420]Read more
2. The Supreme Court of India, in Rajesh Sharma and Others vs. State of U.P. and Another, has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code, 1860. [(2017) 3 MLJ (Crl) 602 : LNIND 2017 SC 351]Read more
3. The Supreme Court of India, in Re: Mohit Chaudhary, Advocate, has held that the conduct of the contemnor is unbecoming of an Advocate-on-Record. The pre-requisites of the proviso of Rule 10 of Order IV of Supreme Court Rules, 2013 are met, by the reason of the Bench being constituted itself by the Chief Justice, and the contemnor being aware of the far more serious consequences, which could have flowed to him. Appropriate course of action would be that the Contemnor is not permitted to practice as an Advocate-on-Record, for a period of one month from the date of the order. [(2017) 6 MLJ 502 : LNIND 2017 SC 391]Read more
4. The Supreme Court of India, in Mamta Verma vs. Union of India and Others, has permitted the Petitioner to undergo medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971. [(2017) 6 MLJ 420 : LNINDORD 2017 SC 12369]Read more

Legislation Updates

Amendments:-

  • Environment (Protection) Amendment Rules, 2017
  • Noise Pollution (Regulation and Control) Amendment Rules, 2017

Legal News

(a) In 1993 Mumbai bombings, the TADA Court has given death sentence to Firoz Abdul Rashid Khan and Tahir Merchant, while giving life sentence with fine to Abu Salem and Karimullah Khan.
(b) The Supreme Court of India has stayed the order passed by Uttarkhand High Court restraining all political parties, NGOs and individuals from criticizing the use of Electronic Voting Machines in the recent elections conducted for the State Assemblies.
(c) The Division Bench of Madras High Court comprising Chief Justice Indira Banerjee and Justice M. Sundar has directed the Tamil Nadu State Election Commission to conduct the local body elections by 17th November 2017.
(d) The President of India has administered oath of office to Justice Dipak Misra who was sworn in as 45th Chief Justice of Supreme Court of India.

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