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Issue 13 • July 2018

Lexis®India
1. The Supreme Court of India, in Union of India vs. R. Sethumadhavan and Another, has held that the conclusion of re-designation is the sole basis on which the writ petition was allowed by the High Court and this Court does not find any material on record to suggest the re-designation. [(2018) 4 MLJ 691 : LNIND 2018 SC 122] Read more

2. The Supreme Court of India, in Navaneethakrishnan vs. State by Inspector of Police, has held that both the Courts below erred in relying that part of the statement which can be termed as confession which were given to the Police Officer while they were in custody and it will be hit by Section 26 of the Indian Evidence Act, 1872 and only that part of the statement which led to the discovery of various materials would be permissible. [(2018) 2 MLJ (Crl) 669 : LNIND 2018 SC 197] Read more

3. The Madras High Court, in Adani Wilmar Ltd., Having Corporate Office at Fortune House, Navrangpura Railway Crossing, Ahmedabad - 380009, Gujarat and Another vs. A.S. Hansraj, Member of Lions Club, No. L7, Rohini Garden, Raja Annamalaipuram, Chennai - 600 028 and Another, has opined that even an advertisement which is likely to affect the public at large can fall within the scope of Section 91 of CPC. [(2018) 4 MLJ 641 : LNIND 2018 MAD 2795] Read more

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Legal News
(a) The Supreme Court of India has held that so far as charge under Section 366 of IPC is concerned, mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse.

(b) The Madras High Court has held that any act on the part of the nominee which undermines his
position as a religious head, can be a valid reason of his removal from the position he occupies.

(c) The Kerala High Court has held that given the picture’s particular posture and its background setting (mother feeding the baby), as depicted in the magazine, it is not prurient or obscene; nor even suggestive of it.

(d) The Madhya Pradesh High Court has held that it would be a travesty of justice to hang the proverbial sword of Damocles over the Principal of Government Higher Secondary School and imperil him with police investigation, where even the allegations levelled by the Petitioner herein, do not disclose the commission of a cognizable offence much less one under Section 306 of the IPC.
Central Legislation Updates
New Regulation:-
  • Food Safety and Standards (Alcoholic Beverages) Regulations, 2018
New Rules:-
  • Protection of Plant Varieties and Farmers Rights (Community Award from the Gene Fund) Rules, 2018 
  • Mental Healthcare (State Mental Health Authority) Rules, 2018
  • Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018
  • Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018
New Ordinance:-
  • Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018
Amendments:-
  • Motor Vehicles Act, 1988  - Amendment to The Second Schedule
  • Central Motor Vehicles (Sixth Amendment) Rules, 2018
  • Central Motor Vehicles (Seventh Amendment) Rules, 2018
  • Central Motor Vehicles (Eighth Amendment) Rules, 2018
  • Clinical Establishments (Central Government) Amendment Rules, 2018
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