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.

Tuesday, 03 January, 2017

Lexis®India

Constitution Bench Judgments of the Supreme Court of India 2016

1. Supreme Court held that Supreme Court can, by invoking Article 32, 136 and 142 of the Constitution is empowered to transfer a case from a Court in the State of Jammu and Kashmir to a Court outside the State or vice versa in ANITA KUSHWAHA and Others versus PUSHAP SUDAN and Others. [LNINDORD 2016 SC 10517] Read more 2. The Supreme Court in Pankajakshi (Dead) Thr. Lrs. and Others Versus Chandrika and Others held Section 23 of the Travancore-Cochin High Court Act remains unaffected by the repealing provision of Section 9 of the Kerala High Court Act, and that, being in the nature of special provision vis-a-vis Section 98(2) of the Code of Civil Procedure, would apply to the Kerala High Court. [[2016] 2 MLJ 448; LNIND 2016 SC 89] Read more 3. The Supreme Court in Modern Dental College and Research Centre and Others Versus State of Madhya Pradesh and Others has held that  Though ‘occupation’ is a fundamental right, which gives right to the educational institutions to admit the students and also fix the fee, at the same time, scope of such rights has been discussed and limitations imposed thereupon by the judgments themselves explaining the nature of limitations on these rights and State cannot remain a mute spectator and has to necessarily step in in order to prevent exploitation, privatization and commercialization by the private sector.. [2016] 4 MLJ 52] Read more 4. The Supreme Court in Nabam Rebia, and Bamang Felix versus Deputy Speaker and others, while restoring the State Government in Arunachal Pradesh ruled that all the actions of the Governor was violative of article 163 of the Constitution.[ [2016] 2 MLJ 448; LNIND 2016 SC 89] Read more 5. The Supreme Court in MUTHURAMALINGAM & ORS. versus STATE REP. BY INSP. OF POLICE while deciding whether consecutive life sentences can be awarded to a convict on being found guilty of a series of murders for which he has been tried in a single trial has held that while multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be directed to run consecutively. Such sentences would, however, be super imposed over each other so that any remission or commutation granted by the competent authority in one does not ipso facto result in remission of the sentence awarded to the prisoner for the other. [LNIND 2016 SC 308] Read more 6. The Supreme Court in G.T. Venkataswamy Reddy versus State Transport Authority & Ors has held that no private operator can operate his vehicle on any part or portion of notified area or notified route unless authorized to do by term of Scheme itself and Private operator may not operate on any part or portion of notified route or area on mere ground that permit as originally granted to him covered notified route or area. [(2016) 6 MLJ 207; LNIND 2016 SC 309] Read more 7. The Supreme Court has held in In Re: The Punjab Termination Of Agreement Act, 2004 that one State, which is a party to the litigation or an Agreement, cannot unilaterally terminate the Agreement or nullify the decree of the highest Court of the country. The State of Punjab cannot discharge itself from its obligation which arises from the judgment and decree and the judgment and order of the Apex Court. [[2016] 8 MLJ 271] Read more 8. The Supreme Court in JINDAL STAINLESS LTD.& ANR. versus STATE OF HARYANA & ORS has held that a tax on entry of goods into a local area for use, sale or consumption therein is permissible although similar goods are not produced within the taxing state. [LNIND 2016 SC 570] Read more Click here to register for Lexis®India Free Trial For training, write to contact.in@lexisnexis.com

Legal News

(a) The Taxation Laws (Second Amendment) Act, 2016 came into force as the Government has notified the rules on 15th December 2016. Levy of penalty for misreporting of income @200% of tax payable under Section 270A of the Income-tax Act shall continue to apply. (b) The Government of India clarified that the proposed amendment to Section 6 of the Payment of Wages Act would facilitate employers to pay wages using banking facilities in addition to the existing modes of payment of wages in current coin or notes.   (c) The division bench of Madras High Court while hearing public interest litigation against the disposal of cases by Shariat court has issued an order directing the State government to take necessary action to stop the activities of ‘shariat’ courts in the state.  (d) Finance Ministry has issued a notification stating that payments towards Tax, Penalty, Surcharge and Deposits under the Pradhan Mantri Garib Kalyan Yojana (PMGKY) can be done in the demonetised currency notes of Rs.500 and Rs.1,000 till 30th December, 2016.

Press Release

LexisNexis® releases a new module on FEMA (Foreign Exchange Management Act) in association with Kochhar & Co. for its Lexis® Practical Guidance Solution

Legislation Updates

Central Acts:- FOREIGN EXCHANGE MANAGEMENT (POSSESSION AND RETENTION OF FOREIGN CURRENCY) REGULATIONS, 2015 Foreign Exchange Management (Export of Goods & Services) Regulations, 2015 The Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000 SEBI (Issue of Sweat Equity) Regulations, 2002  Amendments:- Food Safety and Standards (Food Products Standards and Food Additives) (Twelfth Amendment) Regulations, 2016 Central Motor Vehicles (Twentieth Amendment) Rules, 2016 Central Motor Vehicles (Twenty-first Amendment) Rules, 2016 Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service (Fourth Amendment) Regulations, 2015 Telecom Consumers Protection (Eighth Amendment) Regulations, 2015  Telecom Consumers Protection (Ninth Amendment) Regulations, 2015  Telecom Consumers Protection (Tenth Amendment) Regulations, 2015  Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (Seventh Amendment) Regulations,2016 Prevention of Money-Laundering (Appeal) Amendment Rules, 2016 Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Eighteenth Amendment) Regulations, 2016 Companies (Removal of Dificulties) Fourth Order, 2016 Stainless Steel Products (Quality Control) (Second Amendment) Order, 2016 Payment of Bonus (Amendment) Rules, 2016  Taxation Laws (Second Amendment) Act, 2016 Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Third Amendment) Regulations, 2016 Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Seventh Amendment) Regulations, 2016 Insolvency and Bankruptcy Code [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016] _ Enforcement date notification Insolvency and Bankruptcy Code [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016] _ Notification under Section 5. Companies Act [under Bare Act C-29: Companies Act, 2013] - Notification under Section 419 Protection of Women from DomesticViolence Act [Under Bare Act P-44: Protection of Women from DomesticViolence Act, 2005 with Rules] _ Comments (on case law) added under Section 2 Public Premises (Eviction of Unauthorised Occupants) Rules [Under Bare Act: P-40: Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Rules] _ EDITORIAL CORRECTIONS Companies Act [under Bare Act C-57: Companies Act, 2013 with Rules] _Enforcement date notification Insolvency and Bankruptcy Code [under Bare Act I-23: Insolvency and Bankruptcy Code, 2016 with Rules and Regulations]_ Enforcement date notification  New Regulations:- Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 Reporting System on Accounting Separation Regulations, 2016 [Reporting System on Accounting Separation Regulations, 2012 REPEALED] Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016  New Orders:- Companies (Removal of Dificulties) Fourth Order, 2016  New Rules:- Insolvency and Bankruptcy  (Application to Adjudicating Authority) Rules, 2016 Companies (Transfer of Pending Proceedings) Rules, 2016  Indian Telegraph Right of Way Rules, 2016  New Schemes:- Taxation and Investment Regime For Pradhan Mantri Garib Kalyan Yojana, 2016

Upcoming Events

New Releases - Click here for All New Releases

C R Datta on Company Law (Set of 3 Vols + 2 Appendices + 1 Consolidated Table of Cases and Subject Index)

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P Ramanatha Aiyar’s Advanced Law Lexicon The Encyclopaedic Law Dictionary with Words & Phrases, Legal Maxims & Latin Terms (Set of 4 Volumes)

978-93-5035-886-3 5th Edition 2017 Price: INR 7,500/- Hardcover Know More

Previous  Newsletters

16 December, 2016

1. The Supreme Court of India in THE STATE OF TAMILNADU versus K BALU & ANR directed the Centre and State Governments to ban sale of liquor along National and State highways and issued directions for its implementation. [LNIND 2016 SC 638] Read more 2. The Supreme Court in C.I.T. & ANR. versus M/S YOKOGAWA INDIA LTD., has held that Section 10A of the Income Tax Act is a provision for deduction and not exemption. [LNIND 2016 SC 631] Read more 3. The Uttaranchal High Court in a landmark judgment, Smt. Dr. Deepa Sharma versus State of Uttarakhand & others has directed the State government to grant maternity leave to all female employees with full pay for 180 days, even working on contractual basis, ad hoc/tenure or temporary basis. [LNIND 2016 UTTAR 993] Read more 4. The Delhi High Court in JATINDER KUMAR SACHDEVA versus THE UNION OF INDIA AND ORS  has clarified that there is a definite time limit within which the Department has to determine if the seized goods are to be confiscated or not. If the Department decides to confiscate the goods, a show cause notice under Section 124(a) of the Customs Act, 1962 has to be issued. [LNIND 2016 DEL 5245] Read more

Landmark Judgements

LexisNexis®India (www.lexisnexis.co.in), a leading provider of content and technology solutions,announced the launch of FEMA (Foreign Exchange Management laws of India), the latest module in Lexis® Practical Guidance – an online work-flow solution for legal professionals and corporates. Comprising of practical know-how, forms and precedents, cases and legislation, flowcharts and checklists in one user-friendly interface, Lexis® Practical Guidance FEMA is specifically built for, and in consultation with, Kochhar & Co., which is one of the leading and largest corporate law firms in India that represents more than 65 of the global fortune 500 companies, including some of the largest corporations from North America, Europe, South-East Asia and Japan. Read More Register here to get a Free 3-Day Trial of FEMA Module

P C Markanda Arbitration Step by Step

Handbook on Indian Accounting Standards (Ind AS)  – Converged Global Accounting Standards

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9th Global IP Conference from 11th-13th January 2017 at JW Marriott, New Delhi  Click here to know more Book Launch: The Juvenile Justice (Care and Protection of Children) Act 2015: Critical Analyses by Professor Ved Kumari on January 20, 2017 at Indian Law Institute, Delhi To Participate in the Book Launch function, please write to us at marketing.in@lexisnexis.com

Universal's Guide to CLAT & LL.B. Entrance Examination 2017-18

Information Exchange and Tax Transparency Tackling Global Tax Evasion and Avoidance

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978-93-5035-840-5 27th Edition 2017 Price: INR 795/- Paperback Know More