Ergo Update

The Maternity Benefit Act, 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act, 2017 (2017 Amendment) to grant certain additional benefits to eligible women employees. As part of the 2017 Amendment, the provision of a crèche facility was made effective from 1 July 2017 as a mandatory requirement for every establishment with 50 or more employees. However, several aspects concerning the provision of such crèche facility (e.g.

A division bench of the Hon’ble Supreme Court of India (the Court) consisting of Mr. Justice Abhay Manohar Sapre and Mr. Justice S. Abdul Nazeer has, in the case of Rajasthan State Road Transport Corporation v Phool Chand (Rptd. by LRs) (Civil Appeal No 1756 of 2010), clarified the issue of back wages being awarded to a workman pursuant to the setting aside of his dismissal order.

On 6 September 2018, a five-judge constitution bench of the Supreme Court of India pronounced its verdict on the constitutional validity of Section 377 of the Indian Penal Code, 1860 (IPC) in the case of Navtej Singh Johar & Ors. v Union of India (Writ Petition (Criminal) No. 76 Of 2016) (Navtej Singh Case).

While answering a question on dematerialisation of shares of unlisted companies during the Question Hour session of the Lok Sabha on 29 December 2017, the Ministry of Corporate Affairs (MCA) had expressed its intention of making it mandatory for unlisted public companies to issue shares in dematerialised form only. The MCA also mentioned that it has carried out consultations with the Securities and Exchange Board of India (SEBI), depositories and other stake holders, to determine the feasibility of this move in a phased manner.

In Fermat Education v Sorting Hat Technologies P. Ltd. [CS(OS) 330 of 2018], the Madras High Court (Court) dealt with a copyright infringement dispute relating to educational materials uploaded on an intermediary platform.

On 30 August 2018, the Ministry of New and Renewable and Energy, Government of India (MNRE), amended the guidelines for setting up grid connected solar photovoltaic power projects under the viability gap funding scheme of 750 MW under Batch I of Phase II, 2000 MW under Batch III of Phase II, and 5000 MW under Batch IV of Phase II of the National Solar Mission (Amended Guidelines). 

The Income Tax Appellate Tribunal, Delhi (ITAT) in the case of Deputy Commissioner of Income Tax v M/s BS Infosolution Private Limited (ITAT Order dated 23 August 2018) rejected the taxpayer’s claim for setting-off long term capital loss (Loss) arising on sale of unlisted shares against long term capital gains (Gain) arising on sale of immovable property.

The Supreme Court in its recent decision in K Kishan v M/s Vijay Nirman Company Private Limited, Civil Appeal No 21825 of 2017, has put to rest the question of whether an arbitral award that has been challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) by the award debtor can form the basis for an action under Section 9 of the Insolvency and Bankruptcy Code, 2016 (Code).

Recently, the provisions of the Integrated Goods and Services Tax Act, 2017 (IGST Act), the Central Goods and Services Tax Act, 2017 (CGST Act), the Union Territory Goods and Services Tax Act, 2018 (UTGST Act) and the Goods and Services Tax (Compensation to States) Act, 2017 have been amended by the Parliament. The amendment acts of 2018 have received Presidential assent on 29 August 2018. The amendments shall come in force on the date as notified by the Central Government.

A division bench of the Supreme Court of India (Court), comprising of Justice Madan Lokur and Justice S. Abdul Nazeer, has, In Re: Outrage as Parents End Life After Child’s Dengue (SMW (c) No. 1 of 2015), stayed all construction activities in certain Union Territories (UTs) and States until a solid waste management policy has been framed as required under Rule 11 of the Solid Waste Management Rules, 2016 (SWMR 2016).