Get latest updates on Indian Judiciary and LexisNexis in the fortnightly e-newsletter by Team LexisNexis India. We bring to you in detail the Landmark Judgements from the Supreme Court of India and respective High Courts; Legislations Updates on Central and State Acts; related Legal News and Articles; Upcoming Events and Press Releases by LexisNexis India and Universal Law Publishing and our Newly Released Titles. 
Issue 10 • May 2018

Lexis®India
1. The Supreme Court of India, in Shajahan and Others vs. State, Rep. by Inspector of Police, has held that in the course of commission of dacoity, if a dacoit commits murder, all his companions who are conjointly committing dacoity, are liable to be convicted under Section 396 IPC, although they may have no participation in the murder beyond the fact of participation in the dacoity. [(2018) 2 MLJ (Crl) 368 : LNIND 2018 SC 61] Read more

2. The Supreme Court of India, in Tehseen Poonawalla and Others vs. Union of India and Another, has held that the documentary material on the record indicates that the death of Judge Loya was due to natural causes. There is no ground for the Court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry. [(2018) 3 MLJ 713 : LNIND 2018 SC 126] Read more

3. The Madurai Bench of Madras High Court, in N. Samidurai (died) and Others vs. Principal Secretary to Government, The State of Tamil Nadu, St. George Fort, Chennai and Others, has held that the findings in the enquiry relating to the charges are unsupported by evidence and perverse, the Police Constable concerned has died and the widow is before this Court and in view of finding of this Court that the concerned Constable was in a better position than the Investigating Officer, whose punishment has been reduced, this Court deems it appropriate that the punishment of the Police Constable may be commuted to stoppage of increments for three years, as in the case of the Investigating Officer and the terminal benefits and the family pension of the widow may be computed and released accordingly. [(2018) 3 MLJ 641 : LNIND 2018 BMM 541] Read more

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Legal News
(a) The Supreme Court of India has held that it is not permissible for the State to simply re-arrest the accused by ignoring bail order passed by the learned Additional Sessions Judge, Pune, which was in force at that time.

(b) The Supreme Court of India has held that fair comments on report of the Parliamentary Committee are fully protected under the rights guaranteed under Article 19(1)(a) of Constitution of India, 1950. However, the comments when turns into personal attack on the individual member of Parliament or House or made in vulgar or abusive language tarnishing the image of member or House, the said comments amount to contempt of the House and breach of privilege.

(c) The Supreme Court of India has held that even when a decree of conjugal rights is filed by a competent Court of law in favour of one of the spouses, such a decree cannot be executed and the other spouse, who is directed to resume the conjugal relations, cannot be forced to do so.

(d) The Karnataka High Court has held that mere reminding the Hon’ble Speaker to discharge his obligation to consider and take a decision on the petition filed for disqualification does not amount to judicial review.
Central Legislation Updates
New Ordinance:-
  • Fugitive Economic Offenders Ordinance, 2018
New Regulations:-
  • Foreign Exchange Management (Cross Border Merger) Regulations, 2018
  • Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018
Amendments:-
  • Bio-Medical Waste Management (Amendment) Rules, 2018
  • Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India)  (Amendment) Regulations, 2018
  • Drugs and Cosmetics (Third Amendment) Rules, 2018
  • Drugs and Cosmetics (Fourth Amendment) Rules, 2018
  • Aircraft (Investigation of Accidents and Incidents) Amendment Rules, 2018
  • Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2018
  • Central Motor Vehicles (Fourth Amendment) Rules, 2018
  • Central Motor Vehicles (Fifth Amendment) Rules, 2018
  • Food Safety and Standards (Food Products Standards and Food Additives) (Fourth Amendment) Regulations, 2018
  • Food Safety and Standards (Food Products Standards and Food Additives) (Fifth Amendment) Regulations, 2018
Previous 
Newsletters
Landmark Judgements
State Legislation Updates
Jammu and Kashmir:-
  • Jammu and Kashmir Nationalization of Forest Working Act, 1987
  • Jammu and Kashmir (Extension of Laws) Act, 1956
  • Jammu and Kashmir Animal Diseases (Control) Act, 2006
  • Jammu and Kashmir Energy Conservation Act, 2011
  • Jammu and Kashmir Forest (Protection) Force Act, 2001
  • Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978
  • Jammu and Kashmir Land Grants Act, 1960
  • Jammu and Kashmir Legal Practitioner (Fees) Act, 1988
  • Jammu and Kashmir Namdha Quality Control Act, 1953
  • Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 1955
  • Jammu and Kashmir Nursing Homes and Clinical Establishments (Registration and Licensing) Act, 1963
  • Jammu and Kashmir Professions, Trades, Callings and Employment Tax Act, 2005
  • Jammu and Kashmir Saffron Act, 2007
  • Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
  • Jammu and Kashmir Electricity (Duty) Act, 1963
  • Jammu and Kashmir General Sales Tax Act, 1962
  • Jammu and Kashmir Housing Board Act, 1976
  • Jammu and Kashmir Passengers Taxation Act, 1963
  • Jammu and Kashmir Prohibition on Conversion of Agricultural Land for Nonagricultural Purposes Act, 2010
  • Jammu and Kashmir State Civil Courts Act, 1977
  • Jammu and Kashmir State Legislature (Delegation of Powers) Act, 1992
  • Jammu and Kashmir State Officials Secrets Act, 1977
  • Armed Forces (Jammu and Kashmir) Special Powers Act, 1990
  • Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002
  • Agriculturists’ Relief Act, 1983
  • Food Control Act, 1986
  • Infant Marriages Prevention Act, 1985
  • Juvenile Smoking Act, 1986
  • Religious Endowments Act, 1977
  • State Soldiers (Litigation) Act, 1989
  • Usurious Loans Act, 1977
  • Jammu and Kashmir State Partnership Act, 1996
  • Jammu and Kashmir Board of Professional Entrance Examinations Act, 2002
  • Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010
  • Jammu and Kashmir Consumer Protection Act, 1987
  • Jammu and Kashmir Employees' Provident Funds Act, 1961
  • Jammu and Kashmir Kahcharai Act, 2011
  • Jammu and Kashmir Land Improvement Schemes Act, 1972
  • Jammu and Kashmir Nurses', Midwives', and Health Visitors Registration Act, 1956
  • Jammu and Kashmir Prohibition on Manufacture of Specified Copper Utensils (by Machine) Act, 2006
  • Jammu and Kashmir Protection of Human Rights Act, 1997
  • Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010
  • Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985
  • Jammu and Kashmir Reservation Act, 2004
  • Jammu and Kashmir Right to Information Act, 2009
  • Jammu and Kashmir Tenancy Act, 1980
  • Jammu and Kashmir Petroleum Act, 1998
  • Jammu and Kashmir Heritage Conservation and Preservation Act, 2010
  • Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014
  • Jammu and Kashmir Property Tax Board Act, 2013
  • Jammu and Kashmir Public Services Guarantee Act, 2011
  • Jammu and Kashmir State Vigilance Commission Act, 2011
  • Partition Act, 1977
  • Poisons Act, 1977
  • Probate and Administration Act, 1977
  • Public Servants (Inquiries) Act, 1977
  • Registration Act, 1977
  • Sapphire Act, 1989
  • Specific Relief Act, 1977
  • Jammu and Kashmir Accountability Commission Act, 2002
  • Jammu and Kashmir Ayurvedic and Unani Practitioners Act, 1959
  • Jammu and Kashmir Brick Kilns (Regulation) Act, 2010
  • Jammu and Kashmir Delegation of Powers Act, 2016
  • Jammu and Kashmir Forest (Conservation) Act, 1997
  • Jammu and Kashmir Municipal Ombudsman Act, 2010
  • Jammu and Kashmir Private Security Agencies (Regulation) Act, 2015
  • Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968
  • Jammu and Kashmir Societies Registration Act, 1998
  • Jammu and Kashmir State Kuth Act, 1978
  • Jammu and Kashmir State Muslim Dower Act, 1977
  • Jammu and Kashmir State Press and Publications Act, 1989
  • Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014
  • Prevention of Corruption Act, 2006
  • State Land Acquisition Act, 1990
  • Succession (Property Protection) Act, 1977
  • Succession Certificate Act, 1977
  • Suits Valuation Act, 1977
  • Jammu and Kashmir Cinematograph Act, 1989
  • Legal Practitioners Act, 1977
  • Majority Act, 1977
  • Negotiable Instruments Act, 1977 
  • Water Mills (Jandar and Gharat) Act, 1989
  • Transfer of Property Act, 1977
  • Trusts Act, 1977
  • Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012
  • Jammu and Kashmir Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 2010
  • Jammu and Kashmir Game Preservation Act, 1998
  • Jammu and Kashmir Municipalities Public Disclosure Act, 2010
  • Jammu and Kashmir State Town Planning Act, 1963
  • Srinagar and Jammu Cluster Universities Act, 2016
  • Jammu and Kashmir Chowkidari Act, 1956
  • Jammu and Kashmir Civil Services (Special Provisions) Act, 2010
  • Jammu and Kashmir Collection of Statistics Act, 2010
  • Jammu and Kashmir Electricity Act, 1997
  • Jammu and Kashmir Fire Force Act, 1967
  • Jammu and Kashmir State Fisheries Act, 1960
  • Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007
  • Jammu and Kashmir Prevention of Defacement of Property Act, 1985
  • Jammu and Kashmir Protection of Interest of Depositors (In Financial Establishments) Act, 2012
  • Jammu and Kashmir Public Safety Act, 1978
  • Jammu and Kashmir Registration of Tourist Trade Act, 1978
  • Police Act, 1983
  • Jammu and Kashmir Appropriation (No. 4) Act, 2016
  • Workmen's Compensation Act, 2000
  • Jammu and Kashmir Co-operative Societies Act, 1989
  • Jammu and Kashmir Entertainments Duty Act, 1959
  • Jammu and Kashmir Forest Act, 1987
  • Jammu and Kashmir Representation of the People Act, 1957
  • Jammu and Kashmir Excise Act, 1958
  • Jammu and Kashmir Municipal Act, 2000
  • Jammu and Kashmir Prevention of Cruelty to Animals Act, 1990
  • Jammu and Kashmir State Forest Corporation Act, 1978
  • Prisoners Act, 1977
  • Prisons Act, 1977
  • Jammu and Kashmir State Ranbir Penal Code, 1989
  • Stamp Act, 1977
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