Lexis®India Newsletter – Issue 19 • October 2017

Landmark Judgements

1. The Supreme Court of India, in Vasant Rao Guhe vs. State of Madhya Pradesh, had held that the prosecution has failed to prove beyond all reasonable doubt the charge of criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988 and punishable under Section 13(2) thereof against the Appellant/accused. [(2017) 3 MLJ (Crl) 698 : LNIND 2017 SC 378] Read more
2. The Madras High Court, in L. Rathanchand Sarma vs. Vinayaka Exports and Imports, Rep. by its Partners, Dr. A. Shanmugasundaram and Others, has held that the proviso to Sections 6(1) and 6(2) of Tamil Nadu Court-Fees and Suits Valuation Act, 1955 are intended for the benefit of the suitor and the same cannot be interpreted in a manner suggested by the learned Additional Advocate General so as to include a relief of rejection of plaint as an ancillary relief and thereby make them to pay the Court Fee payable in the suit in an appeal against an order rejecting a plaint. [(2017) 6 MLJ 752 : LNIND 2017 MAD 2808] Read more
3. The Madurai Bench of Madras High Court, in K.K. Ramesh vs. State of Tamil Nadu, Rep. by its Chief Secretary, Fort St. George, Secretariat, Chennai – 600 009 and Others, had held that the Petitioner has not made out a case for issuing a Writ of Mandamus in exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, 1950. [(2017) 6 MLJ 722 : LNINDORD 2017 BMM 3582] Read more

Legal News

(a) The three Judges Bench comprising Chief Justice Dipak Misra, Justices A.M. Khanwilkar and D.Y. Chandrachud of Supreme Court of India has refused to extend the time for filling up the vacant seats in super-specialty courses, post-graduate courses and MBBS courses.
(b) The Supreme Court of India has referred the question “Whether this Court can entertain an application for making the award as Rule of the Court, even if it retains seisin over arbitral proceedings?” to larger bench for decision.
(c) While agreeing that Mate Maha Devi has the right to interpret her religion, the Supreme Court of India has upheld the State Government’s ban on her book ‘Basava Vachana Deepthi’.
(d) The Supreme Court of India has allowed the medical termination of the Minor Rape Victim’s 24-week-old foetus in a writ petition filed by her mother for the same.
(e) The Delhi High Court has held that restriction imposed on cash withdrawal as part of the demonetization drive is a policy decision by the Central Government and is beyond the scope of powers of judicial review.

Legislation Updates

New Regulations:-

  • Oil Mines Regulations, 2017
  • Insurance Regulatory and Development Authority of India (Protection of Policyholders’ Interests) Regulations, 2017

New Rules:-

  • Aircraft (Investigation of Accidents and Incidents) Rules, 2017
  • Prevention of Tampering of the Mobile Device Equipment Identification Number Rules, 2017

Amendments:-

  • National Company Law Appellate Tribunal (Amendment) Rules, 2017
  • Passport Application (Facilitation and Processing) Amendment Rules, 2017
  • Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017
  • Cigarettes and Other Tobacco Products (Packaging and Labelling) Second Amendment Rules, 2017
  • Railways Claims Tribunal (Procedure) Second Amendment Rules, 2017
  • Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Amendment to The Schedule)

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