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 9 • May 2018

Lexis®India
1. The Supreme Court of India, in Common Cause (A Regd. Society) vs. Union of India and Others, has held that the principles relating to the procedure for execution of Advance Directive and provided the guidelines to give effect to passive euthanasia in both circumstances, namely, where there are advance directives and where there are none, in exercise of the power under Article 142 of the Constitution of India, 1950 and the law stated in Vishaka and Others v. State of Rajasthan and Others. The directive and guidelines shall remain in force till the Parliament brings legislation in the field. [(2018) 3 MLJ 503 : LNIND 2018 SC 87] Read more

2. The Supreme Court of India, in Bar Council of India vs. A. K. Balaji and Others, has upheld the view of the Bombay High Court and Madras High Court in para 63 (i) of the judgment to the effect that foreign law firms/companies or foreign lawyers cannot practice profession of law in India either in the litigation or in non-litigation side. [(2018) 3 MLJ 470 : LNIND 2018 SC 76] Read more

3. The Madras High Court, in C. Ramesh Babu vs. State, rep. by: The Inspector of Police, Central Crime Branch, Chennai – City, has held that though the police is entitled to seize the passport under Section 104 of the Code of Criminal Procedure, 1973, they have no authority to keep the same in their custody. In turn, as soon as possible, the passport must be produced before the Court concerned without any unreasonable delay. [(2018) 2 MLJ (Crl) 227 : LNINDORD 2018 MAD 1177] Read more

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Legal News
(a) The Constitution Bench of Chief Justice Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan has refused to grant interim relief of separate source of entry or a reservation for in-service candidates in post-graduate medical degree courses.

(b) The Supreme Court bench of Justice AK Sikri and Justice Ashok Bhushan has set aside the Gauhati High Court judgment holding that the executive officers cannot be automatically absorbed to judicial service taking into account their service as adhoc-judges.

(c) The Supreme Court of India has held that the PhD is not required for promotion to the post of Professor in a medical college.

(d) The Calcutta High Court has directed the Commission to issue a fresh Notification extending the day/date for filing nominations upon consultation with the State and the major collective stake holders.
Central Legislation Updates
New Ordinance:-
  • Criminal Law (Amendment) Ordinance, 2018
New Regulation:-
  • Consumer Protection (Administrative Control Over the State Commission and the District Forum) Regulations, 2018
New Orders:-
  • Transfer of Property (Vested as Enemy Property in the  Custodian) Order, 2018
  • Guidelines for the Disposal of Enemy Property Order, 2018
New Notifications:-
  • Notification regarding amount of gratuity payable to an employee
  • Notification regarding total period of maternity leave
Amendments:-
  • Central Electricity Authority (Measures relating to Safety and Electric Supply)Amendment Regulations, 2018
  • Income Tax Act, 1961 – Amendments by Finance Act, 2018
  • Customs Act, 1962 – Amendments by Finance Act, 2018
  • Reserve Bank of India Act, 1934 – Amendments by Finance Act, 2018
  • Securities Contracts (Regulation) Act, 1956 – Amendments by Finance Act, 2018
  • Securities and Exchange Board of India Act, 1992 – Amendments by Finance Act, 2018
  • Central Road Fund Act, 2000 – Amendments by Finance Act, 2018
  • Prevention of Money Laundering Act, 2002 – Amendments by Finance Act, 2018
  • Fiscal Responsibility and Budget Management Act, 2003 – Amendments by Finance Act, 2018
  • Fiscal Responsibility and Budget Management (Amendment) Rules, 2018
  • Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 – Amendments by Finance Act, 2018
  • Foreign Contribution (Regulation) Act, 2010 – Amendments by Finance Act, 2018
  • Central Goods and Services Tax Act, 2017 – Amendments by Finance Act, 2018
  • Central Goods and Services Tax ( Third Amendment ) Rules, 2018
  • National Housing Bank Act, 1987 – Amendments by Finance Act, 2018
  • Payment of Gratuity (Amendment) Act, 2018
  • Companies Act, 2013
  • Companies (Incorporation) Second Amendment Rules, 2018
  • Insolvency and Bankruptcy Board of India ( Information Utilities ) ( Amendment ) Regulations, 2018
  • Central Motor Vehicles ( Third Amendment ) Rules, 2018
  • Mineral Conservation and Development ( Amendment ) Rules, 2018
  • Amendment to the Notification Regarding the Wage Rates Payable to the Unskilled  Manual Workers in Different States and Union Territories
  • Drugs and Cosmetics ( First Amendment ) Rules, 2018
  • Drugs and Cosmetics ( Second Amendment ) Rules, 2018
  • Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge ( Amendment ) Regulations, 2018 
  • Telecommunication Interconnection Usage Charges  (Fourteenth Amendment ) Regulations, 2018 
  • E-Waste (Management) Amendment Rules, 2018
  • Food Safety and Standards (Food Products Standards and Food Additives) Third Amendment Regulations, 2018
  • Food Safety and Standards (Contaminants, toxins and Residues) first Amendment Regulations, 2018
  • Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2018
  • Cigarettes and other Tobacco Products (Packaging and Labelling) Second Amendment Rules, 2018
  • Aircraft (First Amendment) Rules, 2018
  • Companies (Share Capital and Debentures) Amendment Rules, 2018
  • Companies Act, 2013 - Amendment to the Schedule
  • Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations , 2018
  • Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations , 2018
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State Legislation Updates
Jammu and Kashmir:-
  • Jammu and Kashmir Charitable Endowments Act, 1989
  • Jammu and Kashmir Development Act, 1970
  • Jammu and Kashmir Electricity Act, 2010
  • Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013
  • Jammu and Kashmir Land Revenue (Validation) Act, 1998
  • Jammu and Kashmir Livestock Improvement Act, 1996
  • Jammu and Kashmir Migrant Immovable Property Preservation, Protection and Restraint on Distress Sales Act, 1997
  • Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998
  • Jammu and Kashmir Prevention of Beggary Act, 1960
  • Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975
  • Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988
  • Jammu and Kashmir State Commission for Backward Classes Act, 1997
  • Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001
  • Jammu and Kashmir State Legislature (Prevention of Disqualification) Act, 1962
  • Ladakh Budhists Succession to Property Act, 2000
  • State Commission for Women Act, 1999
  • Jammu and Kashmir Anand Marriage Act, 2011
  • Jammu and Kashmir Board of School Education Act, 1975
  • Jammu and Kashmir Christian Marriage and Divorce Act, 1957
  • Jammu and Kashmir Conciliation & Arbitration Act, 1997
  • Jammu and Kashmir Court of Wards Act, 1977
  • Jammu and Kashmir Forest (Sale of Timber) Act, 1987
  • Jammu and Kashmir Legal Representatives Suits Act, 1977
  • Jammu and Kashmir Legal Services Authorities Act, 1997
  • Jammu and Kashmir Legislative Assembly (Speaker’s Emoluments) Act, 1956
  • Jammu and Kashmir Legislative Council Chairman’s (Emoluments) Act, 1962
  • Jammu and Kashmir Panchayati Raj Act, 1989
  • Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
  • Jammu and Kashmir State Electricity Regulatory Commission Act, 2000
  • Jammu and Kashmir State Legislature Proceedings (Protection of Publications) Act, 1960
  • Jammu and Kashmir Municipal Corporation Act, 2000
  • Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973
  • Jammu and Kashmir Khadi and Village Industries Board Act, 1965
  • Jammu & Kashmir Self-Reliant Cooperatives Act, 1999
  • Jammu and Kashmir Cattle Trespass Act, 1977
  • Jammu and Kashmir Code of Civil Procedure Act, 1977
  • Jammu and Kashmir Disturbed Areas Act, 1992
  • Jammu and Kashmir Goods and Services Tax Act, 2017
  • Jammu and Kashmir Local Authorities Loans Act, 1997
  • Jammu and Kashmir Muslim Marriages Registration Act, 1981
  • Jammu and Kashmir National Defense Fund Donations of Immovable Property (Exemption from Stamp Duty and Registration) Act, 1963
  • Jammu and Kashmir Newspaper (Incitements to Offences) Act, 1971
  • Jammu and Kashmir Separation of Judicial and Executive Functions Act, 1966
  • Jammu and Kashmir Willow (Prohibition on Export and Movement) Act, 2000
  • National Rural Employment Guarantee (Extension to Jammu and Kashmir) Act, 2007
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