Lexis®India Newsletter • Issue 21 • November 2017

Landmark Judgements

1. The Supreme Court of India, in Adiveppa and Others vs. Bhimappa and Another, has held that it was obligatory upon the Plaintiffs to have proved that despite existence of jointness in the family, properties described in Schedule ‘B’ and ‘C’ was not part of ancestral properties but were their self-acquired properties. [(2017) 7 MLJ 492 : LNIND 2017 SC 454]Read more
2. The Supreme Court of India, in Monica Kumar and Another vs. State of U.P. and Others, has directed 1st Respondent to provide an adequate protection to the Petitioners after assessing the situation and to ensure that Petitioners are not harassed or threatened by the Police Officials in any manner. [(2017) 4 MLJ (Crl) 171 : LNIND 2017 SC 382]Read more
3. The Madras High Court, in Murugasamy vs. State, rep by Inspector of Police, Karumathampatty Police Station, Coimbatore District and Another, has directed the Government of Tamil Nadu to construct special rooms for conduct of Test Identification Parades in all the prisons in the State within a period of six months from the date of receipt of a copy of this order. [(2017) 4 MLJ (Crl) 129 : LNINDORD 2017 MAD 5249]Read more
4. The Madras High Court, in Dr. K.R. Ramaswamy alias Traffic Ramaswamy, Social Activist/Senior Citizen and Another vs. Chief Secretary, Govt. of Tamil Nadu, Fort St. George, Chennai – 9 and Others, has held that the holding of public worship, be it Vinayagar worship or any other worship, in the city of Chennai contemplates permission of the Chennai City Municipal Corporation and permission of the Commissioner of Police, Chennai. [(2017) 7 MLJ 257 : LNINDORD 2017 MAD 4287] Read more

Legal News

(a) Before the Supreme Court of India, the Advocate Raghav Tankha has filed petition for direction to the Department of Telecom and to various telecom operators to stop misleading the public as to the requirement of Aadhaar being the only means of authentication for proof of identity and proof of address.
(b) The Supreme Court of India has issued direction for removal of RO systems (water purifier) from the residence or office of the Government officers or offices is stayed. It has further held that the Allahabad High Court may proceed with further hearing so that real benefit is extended to the women colleges. In the course of hearing, the High Court shall take stock of things whether the institutions have been provided with purified drinking water or not.
(c) The Solicitor General of India Mr. Ranjit Kumar who was appointed by the NDA Government has resigned from the post citing personal reasons.
(d) The Division Bench of Kerala High Court has cautioned that every case of inter-religious marriage shall not be portrayed on a religious canvass and create fissures in the communal harmony otherwise existing in the God’s Own Country – Kerala.
(e) The Delhi High Court has held that the defence taken by the accused that the prosecutrix had consensual sexual relations with him which is pointed out from her silence about the incident, holds no ground as mere silence cannot be taken as proof of consensual sexual relations as she has also stated that she was being threatened by the accused.

Legislation Updates

New Rules:-

  • Wetlands (Conservation and Management) Rules, 2017
  • Companies (Restriction on Number of Layers) Rules, 2017
  • Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017

Amendments:-

  • Collection of Statistics Act, 2008
  • Telecom Interconnection Usage Charges (Thirteenth Amendment) Regulations, 2017
  • Central Goods and Services Tax Act, 2017
  • Central Goods and Services Tax (Seventh Amendment) Rules, 2017
  • Central Goods and Services Tax (Eighth Amendment) Rules, 2017
  • Companies Act, 2013
  • Companies (Acceptance of Deposits) Second Amendment Rules, 2017
  • Aircraft (Ninth Amendment) Rules, 2017
  • Passport (Amendment) Rules, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Eleventh Regulations, 2017

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