The Legal Chronicle

GNLU LSC Newsletter

Eighth Issue : 13th October - 8th November

ADMINISTRATIVE LAW

Government to set up National Tribal Advisory Council

The Union government has decided to set up a National Tribal Advisory Council under the leadership of the Prime Minister. The main purpose of this body shall be to monitor the real time progress of on-going programmes and schemes aimed at the welfare of the tribal people.

For more information, please visit:

http://www.newindianexpress.com/nation/Centre-to-Set-up-National-Tribal-Advisory-Council-Under-PMs-Chairmanship/2015/10/29/article3103767.ece

BANKING LAWS

PM Modi launches Gold Monetization Schemes

Three Gold Monetization Schemes were launched by PM Narendra Modi, the Gold Sovereign Bond Scheme, the Gold Coin and the Bullion Scheme. This Gold Monetisation Scheme will replace the existing Gold Deposit Scheme, 1999. This was done in furtherance of India becoming the largest consumer of gold in the world, and to utilise idle gold in the banking sector.

For more information, please visit:

http://www.ibtimes.co.in/pm-modi-launch-gold-schemes-5-nov-653257 http://www.hindustantimes.com/india/modi-launches-gold-monetisation-scheme-and-india-s-first-ever-gold-coin/story-ZnvQejwF1FuAYK4l0SWGtI.html

CONSTITUTIONAL LAW

J&K High Court refuses to Impose Ban on Sale of Liquor

The J&K High Court has completely denied putting a blanket ban on the sale of liquor in the state. The Court also held that Article 47 of the Constitution which aims at promoting public health does not directly aim at consumption of intoxicant drinks. The Court notified the state government to change the location of some liquor shops.

For more information, please visit:

http://www.greaterkashmir.com/news/kashmir/high-court-declines-strict-ban-on-sale-of-liquor-in-jk/200248.html

Supreme Court strikes down NJAC

A Constitutional Bench, in a majority ruling of 4:1; held the 99th amendment and the NJAC is ultravires to the Constitution.The Supreme Court held that NJAC was bound to interfere with the independence of the judiciary. The court also held judiciary’s role in appointment of judges to be the basic structure of the Constitution and hence cannot be vitiated. It made it clear that only the collegiums system shall be followed, with necessary changes made in it. The court rejecting Centre’s argument that NJAC represents people’s will said that even people’s will is sometimes subject to provisions of the Constitution.

For more information, please visit:

http://indianexpress.com/article/india/india-news-india/sc-strikes-down-njac-revives-collegium-system-of-appointing-judges/

http://www.thehindu.com/news/national/supreme-court-verdict-on-njac-and-collegium-system/article7769266.ece

CRIMINAL LAW

Madras HC: Allow Castration of Child Rapists

The Madras HC in a case where a foreigner was facing charges for sexual offences against a minor emphasised on the adoption of chemical castration as the only method to curb on offences of child abuse. The Court pointed at the drastic improvements achieved by other countries who have adopted this method. It laid stress on adding castration as an additional punishment in cases of child sexual abuse.

For more information, please visit:

http://timesofindia.indiatimes.com/india/Castrating-child-rapists-best-solution-for-sex-offences-says-Madras-HC/articleshow/49531482.cms

ENVIRONMENT LAW

Supreme Court Denies Blanket Ban on Diwali Crackers

The Supreme Court refused to entertain a PIL seeking a ban on Diwali crackers, holding that it is not possible to issue directions which cannot be monitored. The court has already told Centre to publicise the harmful effects of crackers on people’s health. Also the court reaffirmed its directions to ban such usage between 10 pm to 6 am.

For more information, please visit:

http://www.telegraphindia.com/1151029/jsp/nation/story_50277.jsp#.Vj6_1_krLIU

INTELLECTUAL PROPERTY RIGHTS

No Copyright Exists on the Title of Literary Work

While hearing an appeal from Bombay High Court against the producers of a Bollywood movie Desi Boyz, SC held that there can exists no copyright on the title of literary work except in a case of passing off or a registered trademark comprising such titles.

For more information, please visit:

http://www.thehindu.com/todays-paper/tp-national/copyright-does-not-exist-for-title-of-a-literary-work/article7791159.ece

Google wins lawsuit against scanning of copyrighted works

A U.S. Court held that circulation of digitized version of books online is fair usage and hence does not constitute a copyright infringement. It held that since these versions do not act as replacements for actual copies they do not cause a decline on their sale. Google has been running this programme since 2004.

For more information, please visit:

http://www.nytimes.com/2015/10/17/business/media/googles-digital-library-wins-court-of-appeals-ruling.html?_r=0

PERSONAL LAWS

Supreme Court Restricts Womens' Right to Ancestral Property

A bench of Justices Anil R Dave and Adarsh K Goel have put yet another restriction on the Hindu Succession (Amendment) Act, 2005, which gave equal rights to women in their ancestral property. Supreme Court clarifying on the same said that the father in whose property the share is sought by the daughter should have been alive on September 9, 2005, the day that the amendment came in force and there can be no retrospective effect to the amendment.

For more information, please visit:

http://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/

Child born out of rape has inheritance rights

The Allahabad High Court held that a child born out of rape shall enjoy inheritance rights over the assaulter’s property. The court observed that the manner of birth is irrelevant for the purpose of inheritance of property. If the child is given up for adoption then he shall loose his inheritance rights from his biological father.

For more information, please visit:

http://www.firstpost.com/india/child-born-out-of-rape-has-inheritance-rights-on-assaulters-property-allahabad-hc-2495218.html

TAXATION LAW

No Service Tax for Title Transfer of Property

The Finance Ministry said that in case of sale of flats, transfer of title after the issuance of occupancy certificate will not attract any service tax. The Central Board of Excise and Customs (CBEC) issued a notification in the same regard to the cases pending in this regard with the Brihanmumbai Municipal Corporation (BMC).

For more information, please visit:

http://economictimes.indiatimes.com/wealth/tax-savers/tax-news/mere-title-transfer-in-immovable-prop-exempt-from-service-tax/articleshow/49540355.cms

MISCELLANEOUS

Madrasa Not a Place of Worship

The Kerala High Court held that Madrasa is not a place of worship and hence can be used as a polling booth during elections. Madrasa has no religious significance and hence should not be seen as anything more than a building housing a school in it.

For more information, please visit:

http://www.newindianexpress.com/cities/kochi/Madrasa-Not-a-Place-of-Worship-Says-Kerala-High-Court/2015/10/22/article3091592.ece

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