Lexis®India Newsletter • Issue 20 • October 2017

Landmark Judgements

1. The Supreme Court of India, in Union of India vs. Board of Control for Cricket in India and Others, has held that under Section 3 of the Sports Act, 2007, the live feed received by Prasar Bharati from content rights owners or holders is only for the purpose of re-transmission of the said signals on its own terrestrial and DTH networks and not to Cable Operators so as to enable the Cable TV operators to reach such consumers who have already subscribed to a cable network. [(2017) 7 MLJ 201 : LNIND 2017 SC 413]
2. The Madras High Court, in Prist University, Rep. By its Deputy Registrar, Chennai 600 014 vs.   Registrar, State Consumer Disputes Redressal Commission, Park Town, Chennai 600 003 and Another, has held that when the Consumer Protection Act, 1986 provides for adequate remedy of approaching the competent forum at various levels, then, in complaint, pending on the file of the 1st Respondent/Registrar of State Consumer Disputes Redressal Commission, the filing of the instant writ petition by the Writ Petitioner/University is a per se, not maintainable. [(2017) 7 MLJ 249 : LNINDORD 2017 MAD 3124]Read more
3. The Madras High Court, in Sushmitha Sen vs. State, Rep. By Department of Customs, Chennai – 600 001 and Another, has felt that when the Petitioner is appearing before the Trial Court for giving evidence, proper security arrangements be made to ensure smooth conducting of the trial on the particular day when the Petitioner was present. [(2017) 4 MLJ (Crl) 105 : LNINDORD 2017 MAD 3963]Read more
4. The Delhi High Court, in Delhi Transport Corporation and Another vs. Braham Prakash, has held that in the light of the admitted factual position that the Respondent had, before his superannuation, made repeated representations seeking coverage under the Pension Scheme, the mere presence of an entry in the service book to the effect the Respondent had opted out of Pension Scheme cannot be a ground to reject the claim of the Respondent for pension. [[2017] 4 LLJ 45 : LNIND 2017 DEL 2225]Read more

Legal News

(a) The Supreme Court of India has held that it is not within its jurisdiction to direct implementation of National Policy framed for farmers by the Union Ministry of Agriculture, Consumer Affairs, Food and Public Distribution.
(b) The Punjab and Haryana High Court has granted interim anticipatory bail to the owners of Ryan International School till 5th December 2017 giving them protection from arrest in connection with the murder of 7-year-old Pradhyuman Thakur.
(c) The Bombay High Court has appointed Advocate Zal Adhyarujina as Amicus Curiae in the matter with regard to stampede that occurred at Elphinstone Road railway station leaving so many people dead.
(d) The Madhya Pradesh High Court has barred the Judicial Officers and other officials from using any social media during the Court hours for personal and for any official communication.

Legislation Updates

New Regulations:-

  • Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food) Regulations, 2016
  • Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017

New Rules:-

  • Temporary Suspension of Telecom Services (Public Emergency or Public Safety ) Rules, 2017
  • Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017
  • Relevant Provisions of the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 relating to the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central Rules, 1998


  • Appellate Tribunal for Electricity Salary, Allowances and Other Conditions of Service of the Officers and Employees (Amendment) Rules, 2017
  • Minimum Qualifications for Teachers in Medical Institutions (Amendment) Regulations, 2017
  • Postgraduate Medical Education (Amendment) Regulations, 2017
  • Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Sixth Amendment Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Seventh Amendment Regulations, 2017
  • Banking Regulation (Amendment) Act, 2017
  • Central Motor Vehicles Rules, 1989 (Corrigendum)
  • Special Economic Zones (Amendment)  Rules, 2017
  • Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service (Fifth Amendment) Regulations, 2017
  • Control Labour (Regulation and Abolition) Central Amendment Rules, 2017
  • Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017
  • Apprenticeship (Fifth Amendment) Rules, 2017

New Orders:-

  • Electrical Capacitors (Quality Control) Order, 2017
  • Electrical Transformers (Quality Control) Order, 2015

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