Monthly Legal News Update for July 2023
1) Guidelines for Designation of Senior Advocates
On 5th July 2023, the Hon’ble Supreme Court of India issued new guidelines pertaining to the designation of senior advocates. These guidelines have been introduced with the intent to streamline the procedure involved in conferring the prestigious ‘senior advocate’ designation to the practicing advocates.
2) Mandatory Certification for ESG Providers
On 5th July 2023, the Share Exchange Board of India (SEBI) prescribed mandatory certification for all the entities providing ESG (environmental, social, governance) rating services from the regulator within six months. The said certification shall be provided in two categories for the rating entities based on their net worth and functions.
3) Indore Municipal Corporation to get EPR Credit
On 6th July 2023, the Indore Municipal Corporation (IMC) became the first urban body in India to receive the EPR (Extended Producers Responsibility) credit through recycling single-use plastic items, which have been banned long ago. IMC is expected to receive a credit worth Rs 8,100 on the EPR portal of the CPCB (Central Pollution Control Board).
4) Telangana Eunuchs Act Unconstitutional
On 6th July 2023, Hon’ble Telangana High Court passed a crucial judgment striking down the Telangana Eunuchs Act of 1919, considering it unconstitutional as it was infringing upon the rights vested with transgender individuals by hampering their equality, privacy, etc.
5) GST Network to be within PMLA Ambit
On 9th July 2023, the Finance Ministry, through a notification, brought the Goods and Services Tax Network under the ambit of the Prevention of Money-laundering Act (PMLA) and facilitated the information sharing between GSTN, Enforcement Directorate, and other investigative agencies.
6) Forest (Conservation) Amendment Bill, 2023
On 10th July 2023, Lok Sabha passed the Forest (Conservation) Amendment Bill, 2023 with the intent to increase the forest cover of India and create a carbon sink of approximately 2.5 to 3.0 billion tons of CO equivalent by the year 2030.
7) Exchange of Rs. 2,000 Notes
On 10th July 2023, Hon’ble Apex Court refused to entertain an appeal challenging the verdict passed by the Delhi High Court dismissing a PIL against the notification issued by RBI permitting the exchange of Rs. 2,000 currency notes without any requisition slip and ID proof. The Hon’ble Court considered the same as an executive policy decision.
8) Bill to Ensure Minimum Income
On 11th July 2023, the Rajasthan Government introduced Rajasthan Minimum Guaranteed Income Bill, 2023 with the intent to provide entitlement-based social security with minimum guaranteed income to individuals or households. The Bill encompasses three components i.e., the Right to Minimum Guaranteed Income, the Right to Guaranteed Employment, and the Right to Guaranteed Social Security Pension.
9) Capital Expenditure Relaxation to Ministries
On 11th July 2023, the finance ministry provided relaxation by removing all restrictions and conditions on capital expenditure by the union ministries, pertaining to the centrally sponsored schemes (CSS) and grants-in-aid for the creation of capital assets for the first quarter of the current financial year & to continue relaxation for the second quarter of the current financial year.
10) USD 1 Million to the UN for Promoting Hindi Language
On 11th July 2023, India contributed USD 1 Million to United Nations (UN) as a voluntary contribution to promoting the Hindi language in the world organization in order to foster understanding and inclusive dialogue.
11) Zee v. SEBI: No Relief for Punit Goenka and Subhash Chandra
On 11th July, the Securities Appellate Tribunal (SAT) upheld the interim order passed by SEBI (Securities and Exchange Board of India) against Subhash Chandra, the chairman of Essel Group and his son Punit Goenka, who is the CEO and MD of Zee Entertainment Enterprises Ltd. The said interim order passed in the month of June, due to the alleged fund diversion by the duo, had stayed Goenka and Chandra from holding directorship as well as any key managerial positions in any listed firms.
12) Hand Chopping Case: NIA Court held 6 as guilty
On 12th July 2023, the Special Court of the National Investigating Agency held six people to be guilty in the sensational hand-chopping and brutal attack on Malayalam professor T J Joseph.
13) Hostel accommodation to attract 12 percent GST
On 12th July 2023, the Authority of Advance Ruling (AAR) notified that students will have to spend more for hostel accommodation as a 12 percent GST would be applicable on the rent paid for accommodation.
14) Extension granted to ED director Illegal
On 12th July 2023, Hon’ble Supreme Court held that the third extension granted to the 1984 batch IRS officer as an ED director was illegal and against its directions. The Hon’ble Court issued a deadline for the tenure of Enforcement Directorate director Sanjay Mishra till July 31st.
15) SIT Inquiry in Gurugram Land Scam Case
On 12th July 2023, Hon’ble Supreme Court issued a direction for SIT inquiry into a land scam allegedly involving land registration officials and other accused who “duped” an elderly NRI couple. A DSP will lead the SIT.
16) Quality Control Orders for ‘Potable water bottles’ and ‘Flame-Producing Lighter’
On 12th July 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) notified two new Quality Control Orders (QCOs) on Potable Water Bottles and Flame-Producing Lighters, which includes certification mandates, comprehensive quality control regime, consumer safety, etc.
17) Centralized Information Management System (CIMS)
On 13th July 2023, the Reserve Bank of India (RBI) launched its Centralized Information Management System (CIMS) reforming its information management framework with an intent to manage the massive data flow, aggregation, data analysis, public dissemination as well as data governance.
18) ULLAS Application Launched
On 13th July 2023, Union Education Minister Shri Dharmendra Pradhan launched the mobile application of ULLAS (Understanding Lifelong Learning for All in Society) as a digital gateway for students to access diverse learning resources through the DIKSHA portal of NCERT.
19) 28% tax on online gaming, casinos, and horse racing
On 13th July 2023, The Goods and Services Tax (GST) Council approved the imposition of a uniform 28 per cent tax on the full “face value” of bets involving online gaming, casinos, and horse racing, further bringing them on par with betting and gambling.
20) Five new panels for National Statistical Commission
On 14th July 2023, the National Statistical Commission (NSC) constituted five expert committees specifically for looking into ways to improve the survey process and in an attempt to revamp the existing government’s statistical surveys and data quality.
21) Sahara Refund Portal
On 15th July 2023, Home Minister Amit Shah launched the CRCS-Sahara refund portal for helping over 100 million depositors of the Sahara Group cooperative societies in recovering their deposits in the Sahara Schemes within a time frame of nine months.
22) Use of Pavement Only for Walking
On 15th July 2023, Hon’ble Supreme Court while deciding an appeal filed by Delhi Development Authority, held that pavements and footpaths shall only be used for the purpose of allowing people to walk as the citizens have lost their valuable property by way of compulsory acquisition, taking exception to roadside space being encroached upon in the metro cities.
23) Preventive Detention Laws Are Necessarily Harsh
On 15th July 2023, Hon’ble Supreme Court set aside the order passed by the High Court of Jharkhand upholding the detention of Prakash Chandra Yadav alias Mungeri Yadav who was declared an ‘anti-social element’ in accordance with the Jharkhand Control of Crimes Act, 2002. The Hon’ble Court held that all preventive detention laws are necessarily harsh and further emphasized the importance of strictly adhering to procedural requirements in matters relating to the preventive detention laws.
24) Control of Services in Delhi
On 15th July 2023, Hon’ble Supreme Court issued notice to the Union Government after the Delhi government challenged the validity of the ordinance dated 19.05.2023 relating to the control of services in Delhi. The Hon’ble Court has also directed the Delhi government to make amendments to its petition and add Lieutenant Governor as a party in the instant case.
25) Star Series Banknotes
On 15th July 2023, the Reserve Bank of India (RBI) issued a clarification pertaining to the validity and status of banknotes featuring a Star symbol on the number panel. The said inclusion has been done as an identifier that the banknote has been replaced or reprinted. However, it holds the same legal value as any other standard banknote circulating in Indian markets.
26) IIT Delhi in Abu Dhabi
On 16th July 2023, a Memorandum of Understanding was signed between the Ministry of Education and the Abu Dhabi Department of Education and Knowledge (ADEK) for establishing the 1st campus of IIT Delhi in Abu Dhabi.
27) Supreme Court rejects plea against Anubhav Singh Bassi
On 17th July 2023, Hon’ble Supreme Court dismissed the plea alleging that the standup comedian was humiliating lawyers and the judicial system at his comedy show ‘Bas Kar Bassi.’
28) Plea for Stoppage dismissed by Supreme Court
On 17th July 2023, the Hon’ble Supreme Court dismissed the plea seeking stoppage of Vande Bharat Express at Tirur, Kerala, held that it cannot decide which train stops it should have.
29) Wipro restrained from using “EVECARE”
On 17th July 2023, Hon’ble Delhi High Court while passing an interim order held that Wipro Enterprises can’t use the mark ‘EVECARE’ for its intimate hygiene wash for women or any other product manufactured by Wipro after the lawsuit was filed by Himalaya alleging trademark infringement.
30) Disclosure Framework for Issuers of Debt Securities
On 17th July 2023, Securities and Exchange Board of India (SEBI) notified the rules with the intent to streamline the disclosure framework for issuers of debt securities and introduced the concept of general information and key information document for preventing multiple filings of documents by issuers of debt securities. The move will promote ease of doing business for issuers.
31) TCRM Matrix to Drive Innovation
On 18th July 2023, NITI Aayog released the TechnoCommercial Readiness and Market Maturity (TCRM) Matrix framework, an assessment tool introduced with the intent to allow stakeholders to assess projects at the technology readiness level jointly, commercialization readiness level as well as market readiness level.
32) New Framework for Investors and Intermediaries
On 18th July 2023, the Securities and Exchange Board of India (SEBI) introduced a new framework for ensuring dispute resolution and grievance redressal which will arise between investors and intermediaries whether it be mutual funds, portfolio managers, investment advisors, or brokerages. This mechanism will ensure timely redressal, auto-routing/auto-escalation of complaints and multiple review options.
33) Memorandum of Understanding for reviving Tankai Shipbuilding
On 19th July 2023, a Memorandum of Understanding has been Ministry of Culture and the Indian Navy for reviving the “ancient stitched shipbuilding method (Tankai method)” which has historical and cultural significance in India. This will safeguard traditional craftsmanship and maritime heritage.
34) Scheme to Support Pregnant Minor Rape Victims
On 19th July 2023, Union Ministry for Women and Child Development introduced a scheme for pregnant minor victims of sexual assault who are without family support. This scheme will ensure shelter, food, legal aid, and transportation for court hearings for minor girls abandoned due to forced pregnancy.
35) Acquisition of Unichem Laboratories Limited
On 19th July 2023, the Competition Commission of India approved the combination involving the acquisition of Unichem Laboratories Limited by Ipca Laboratories Limited for the acquisition of shareholding up to 59.38 percent.
36) Centre’s Ordinance to Constitution bench
On 20th July 2023, Hon’ble Supreme Court through the bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra, referred the Petition filed by Delhi Government against the ordinance passed by the Centre, taking away the control of services from the Delhi Government, to a constitution bench.
37) Heat Index Introduced
On 20th July 2023, the India Meteorological Department (IMD) launched the Heat Index on an experimental basis in order to provide directions specifically for those regions which experience high temperatures. The Index provides several color codes in order to describe the heat conditions.
38) Teesta Setalvad Granted Bail
On 20th July 2023, Hon’ble Supreme Court granted bail to Teesta Setalvad considering High Court’s findings to be ‘totally perverse’. Setalvad was alleged for forging documents and tutoring witnesses for implicating high functionaries of the Gujarat government pursuant to Godhra riots cases.
39) NongHyup Bank added to Second Schedule
On 20th July 2023, the Reserve Bank of India (RBI) officially added “NongHyup Bank” to the Second Schedule of the RBI Act, 1934. This will eventually help the Bank to enhance its presence and strengthen its financial activities in the Indian market, especially towards agricultural and rural sectors.
40) Transfer certificate can’t determine the victim’s age
On 21st July, Hon’ble Supreme Court held that the school leaving/transfer certificate cannot be relied on for determining the age of a victim for applicability of the Protection of Children from Sexual Offences (POCSO) Act while discussing the requirements of Section 94 of the Act.
41) Relief for BJP IT cell chief Amit Malviya
On 21st July 2023, Hon’ble Karnataka High Court granted a stay upon the investigations pursuant to the FIR filed by the Bengaluru police against BJP social media chief Amit Malviya for the comments made by Malviya against Congress leader Rahul Gandhi in social media.
42) Canva was restrained from releasing product by Delhi High Court
On 21st July 2023, Hon’ble Delhi High Court restrained Australian graphic designing platform Canva from making available its interactive product feature in India after a patent infringement lawsuit was filed by an Indian tech startup RxPrism Health Systems Private Limited, directing Canva to deposit fifty lakh rupees as security for claims by the Petitioner Company.
43) Modi Surname Defamation Case
On 21st July 2023, Hon’ble Supreme Court refused to pass any order for immediate suspension of the order passed by the Gujarat High Court refusing to grant a stay upon Congress leader Rahul Gandhi’s conviction in the “Modi surname criminal defamation case,” and held that it would require hearing the other side before passing any orders.
44) Tihar Jail Officials Suspended Over Yasin Malik’s Appearance
On 21st July 2023, four officials of Tihar Jail, including a deputy superintendent, were suspended by the Department of Delhi Prisons, in connection with jailed JKLF chief Yasin Malik, after his physical appearance before the Supreme Court in a packed courtroom created a flutter in the Supreme Court.
45) Card Network Portability from 1st October 2023
On 21st July 2023, the Reserve Bank of India (RBI) through its circular announced that Indian customers using credit, debit, and prepaid cards will be allowed to switch their card networks between Visa, MasterCard, RuPay, etc., and vice versa, similar to the portability of mobile network.
46) Pesticide Ban Issue
On 24th July 2023, Hon’ble Supreme Court while deciding a batch matter seeking a ban on pesticides harmful to children came down heavily on the Central Government and sought answers from the Government on why only three out of twenty-seven pesticides were banned by the government.
47) India’s First Fisheries Atal Incubation Centre
On 24th July 2023, Kerala University of Fisheries and Ocean Studies (Kufos) secured a grant of ₹10 crores from NITI Aayog to establish India’s first Atal Incubation Centre (AIC) in fisheries at the University, which will specifically be promoting research, technological advancement, and entrepreneurship pertaining to fisheries and allied sectors.
48) ED Chief’s Term extended till 15th September
On 27th July 2023, Hon’ble Supreme Court in ‘larger public interest’ allowed Sanjay Kumar Mishra to continue till 15th September as ED chief. The Court further held that there won’t be any further extension after midnight of September 15-16.
49) Indigo fined Rs 30 lakh for tail strikes
On 28th July 2023, the Directorate General of Civil Aviation fined IndiGo thirty lakh rupees due to systemic deficiencies after the airline suffered four tail strike incidents on its A321 aircraft this year, which occurred when the rear end of an aircraft's body, also called an aft fuselage, scrapes the runway during landing or takeoff.
50) Vedanta fined for Incorrect Disclosures
On 28th July 2023, the Securities and Exchange Board of India (SEBI) fined Vedanta Ltd ₹30 lakh for allegedly misleading market disclosures relating to the group’s proposed joint venture with Foxconn.
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