Lexis®India Newsletter • Issue 22 • November 2017

Landmark Judgements

1. The Supreme Court of India, in Raptakos, Brett and Co. Ltd. vs. Ganesh Property, has held that  the possession of the Appellant-Company for the period under consideration, pursuant to orders passed by the High Court and this Court, cannot in any view be considered as illegal or unauthorized or that of a trespasser. [(2017) 7 MLJ 861 : LNIND 2017 SC 457]Read more
2. The Supreme Court of India, in Lt. Col. Prasad Shrikant Purohit vs. State of Maharashtra, has held that though an accused has a right to make successive applications for grant of bail, the Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected. [(2017) 4 MLJ (Crl) 372 : LNIND 2017 SC 410]Read more
3. The Madras High Court, in Ishta Capital Private Limited, rep. by its Director Arun Jayatharan vs. Aravandrud Capital, rep. by its Chief Executive Office Arvind Raghunathan, has held that mere use of the word arbitration in the heading in the clause will not make it an arbitration clause. [(2017) 7 MLJ 895 :  LNINDORD 2017 MAD 7236]Read more
4. The Madurai Bench of Madras High Court, in Kali @ Kalidoss @ Kalirajan vs. State, rep by its, The Inspector of Police, Kezhavalavu Police Station, Keezhavalavu, Madurai District, Crime No. 196 of 2011, has held that schizophrenia cannot be developed in a single day to contend that on the date of occurrence, the accused was alright. [(2017) 4 MLJ (Crl) 257 : LNIND 2017 BMM 1116] Read more

Legal News

(a) The Supreme Court of India has held that the period already undergone by a convict, while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him under Section 325 of IPC, and accordingly its benefit by way of set off could be given to him under Section 428 of Code.
(b) The Supreme Court has upheld the order passed by Punjab and Haryana High Court refusing the application for anticipatory bail filed by Lieutenant Colonel Dr. Gaurav Relhan, an accused under Sections 7, 8 and 9 of the Prevention of Corruption Act, 1988.
(c) The Allahabad High Court has directed the Registrar General to ensure that in future, no part of the High Court premises, either at Allahabad or at Lucknow, is permitted to be used for practicing religion or offering prayers or to worship or to carry on any religious activity by any group of persons.
(d) The Bombay High Court has dismissed the appeal filed by step-father of the victim holding that when a protector becomes perpetrator and the victim, who is a minor girl solely dependent upon him is ravished by such a person, the victim is left with no other option but to surrender mutely.

Legislation Updates

State Acts:-

  • Industrial Disputes (Tamil Nadu Amendment) Act, 2013
  • Industrial Disputes (Tamil Nadu Amendment) Act, 2008
  • Industrial Disputes (Tamil Nadu Amendment) Act, 1982
  • Industrial Disputes (Tamil Nadu Amendment) Act, 1981
  • Industrial Disputes (Tamil Nadu Amendment) Act, 1963

New Orders:-

  • Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2017
  • Central Goods and Services Tax (Removal of Difficulties) Order, 2017

Amendments:-

  • Food Safety and Standards (Food Products Standards and Food Additives) Eighth Amendment Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Ninth Amendment Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Tenth Amendment Regulations, 2017
  • Food Safety and Standards (Food Products Standards and Food Additives) Twelfth Amendment Regulations, 2017
  • Insecticides (Second Amendment) Rules, 2017
  • Insecticides (Third Amendment) Rules, 2017
  • Insolvency and Bankruptcy Board of India (Insolvency Resolution  Process for Corporate Persons) (Second Amendment)  Regulations, 2017
  • Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2017
  • Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution  Process for Corporate Persons) (Second Amendment ) Regulations, 2017
  • Amendments to the Banking Ombudsman Scheme, 2006
  • Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2017

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