Lexis®India Newsletter – Issue 23 • December 2017

Landmark Judgements

1. The Supreme Court of India, in Bijoy Sinha Roy (D) By Lr. vs. Biswanath Das and Others, has held that National Commission was justified in holding that decision to perform surgery may not by itself be held to be medical negligence. [(2017) 8 MLJ 171 : LNINDORD 2017 SC 14120] Read more
2. The Division Bench of Madras High Court, in N. Ranga Rao and Sons, Rep. By Partner, Vani Vilasa Road, Mysore, 570 004 vs. Amrutha Aromatics, Represented by its Partners, Ms. T.V. Ratna and Others, has held that the Petitioner cannot claim any ‘Exclusivity’ or ‘Monopoly’ right over the words “THREE IN ONE”. [(2017) 8 MLJ 202 : LNINDORD 2017 MAD 4767] Read more
3. The Supreme Court of India, in State, through Central Bureau of Investigation vs. Dr. Anup Kumar Srivastava, has held that the High Court was well within its powers while quashing the order framing charge as there was no material on record to connect the Respondent accused with the offence in question. [(2017) 4 MLJ (Crl) 393 : LNIND 2017 SC 371] Read more
4. The Division Bench of Madras High Court, in Ganesan and Another vs. State, by Inspector of Police, Bungalow Pudur Police Station, Erode District, has held that the vital material objects have been introduced subsequently so as to point the accused towards the crime. [(2017) 4 MLJ (Crl) 385 : LNIND 2017 MAD 3487] Read more

Legal News

(a) The Supreme Court of India has declared that Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.
(b) The Supreme Court of India has declined to allow applications for the recall of its order imposing a ban on the use of petcoke and furnace oil as fuels in any industrial process in the states of Rajasthan, Haryana and Uttar Pradesh.
(c) The Union Cabinet has approved the revision in the salaries, gratuity, allowances, pension etc. of the Judges of the Supreme Court and the High Courts and retired Judges of Supreme Court and High Courts.
(d) The Supreme Court of India has reserved its order on a batch of petitions challenging the Bar Council of India’s Certificate and Place of Practice (Verification) Rules, 2015 making it mandatory for all lawyers to undergo verification drive to check the professional credentials of practicing advocates.

Legislation Updates

New Orders:-

  • Admiralty Jurisdiction and Settlement of Maritime Claims (Removal of Difficulties) Order, 2017
  • Companies (Removal of Difficulties) Second Order, 2017

New Rules:-

  • Companies (Registered Valuers and Valuation) Rules, 2017
  • Merchant Shipping (Continuous Discharge Certificate) Rules, 2017

New Notification:-

  • Tracts in the States of Madhya Pradesh, Rajasthan and Uttar Pradesh within which poppy may be cultivated during the opium crop year commencing on 1-10-2017 and ending on 30-9-2018

Amendments:-

  • Environment (Protection) Amendment Rules, 2017
  • E-Waste (Management) Amendment Rules, 2017
  • Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Second Amendment) Regulations, 2017
  • Central Goods and Services Tax (Tenth Amendment) Rules, 2017
  • Central Goods and Services Tax (Eleventh Amendment) Rules, 2017
  • Arms (Amendment) Rules, 2017
  • Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules, 2017

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