Legal Updates

In this new feature of our blog, we will be bringing you all that has happened in the legal world last week. We hope that the augmentation of these news will be helpful for all of us in updating ourselves.

Updates: 13th October to 18th October 2014.

The Last week started with the SEBI barring DLF and six executives from entering the securities market and from buying or selling securities for three years. This follows the failure of DLF to provide key information on subsidiaries and pending legal cases at the time of its 2007 public offering. This might be a crucial decision taken by SEBI and it remains to be seen what course the court takes on this issue.

The Delhi High Court laid down guidelines in examining child witnesses when it overruled a judgment of the Dwarka District Court acquitting the accused in the rape of a 3 year old girl. The Court referred to Section 118 of the Indian Evidence Act, which states that the testimony of a child can be considered as a basis of conviction provided the child understands the questions. The Court criticized the approach of the trial court which had held the testimony of the child to be inadmissible.

AIADMK supporters had a reason to cheer and celebrate as the Supreme Court granted bail to the party supremo J. Jayalalitha and suspended the trial court’s sentence on a condition that there will be no attempt to delay the criminal proceedings in the Karnataka High Court. There can be different stands of legal scholars on this but as for the courts are concerned, they would take reason and practicality in accord for now.

The CIC has held that during the pendency of a RTI application the relevant record should not be destroyed by the public authority even if it’s weeding out policy permits. The CIC has cautioned that such a destruction of record would be a serious breach of the Right to Information Act.

India says no to unilateral opinion. The Government of India has told the American authorities that they will not be co-operating USTR’s Special 301 Out of Cycle Review (OCR) process. Indian authorities have said that they would engage US in bi-lateral dialogue mechanisms under the new IP working group, rather than the unilateral process.

The e-commerce business and its meaning and limits are being tested in the courts now. In the last week development, the famous WWE (World Wrestling Entertainment, Inc.) filed suit of infringement and passing off against an Indian company. The question that was settled was regarding the ‘carries on business’ in cases of e-commerce. The Delhi High Court has concluded that the jurisdiction will be determined by the buyer’s place of residence. This was supported by the interpretation of section 134(2) of The Trademark Act and section 62(2) of The Copyright Act along with section 4 (“contracts would be completed at the place where the acceptance is communicated.”) of the Indian Contract Act.

And here is some new for the ‘firsts’. The Controller General of Patents Designs and Trademarks recently launched a couple of features on online search services for patents and trademarks to make the search process easier and provide transparent results. The features include innovative tools such as “Stock and Flow”—a utility which existed for trademarks, has now been extended to patents also. The Indian Patent Office is the first in the world to achieve such transparency.

Now, its time for some filmy news. The Allahabad High Court has issued a notice to the makers of the film ‘Haider’ on a PIL filed by the Hindu Front for justice on the grounds that the movie was against national interests. The petitioner have criticized that the movie shows the Indian Army in poor light and song sequence was shot in the Markand Sun Temple with actors dancing with their footwear.

Red Chillies Entertainments Private Limited’s film ‘Happy New Year’, starring Deepika Padukone and Shah Rukh Khan which is set to release in theatres across India on 24th October, has recently obtained a John Doe order from the Bombay High Court dated 14th October. It will be interesting to follow this case for what remains to be a potential area of IP.

We hope that this summarizes the last week legal News. Your comments and suggestions are welcomed.

Until next post of weekly News updates.

Anjana Srinivasan, (2nd Year student of IIT Kharagpur Law School)

For 'OFF Court.'