News Updates

We bring you the updates for last week. Hope it updates you with all the news from legal world.

15 December 2014

The Bombay High Court refused to entertain a Writ filed by an advocate challenging the imposition of service tax on advocates. So the business clients of individual lawyers and law firms will continue to pay service tax as mandated by the Finance Act.

16 December 2014

In the case of Italian Marines who are accused of killing two Indian fishermen, the Supreme Court denied the plea of one Italian Marine to extend the stay in Italy on health grounds and the plea of the other Marine to travel to Italy for Christmas. The Court held that they want the system to work and that the relief cannot be granted even though the trial has not commenced. Therefore, the accused must come to India and the charge-sheet be filed.

17 December 2014

The Delhi High Court which had earlier passed an ex-parte ad-interim injunction against the Chinese manufacturer, Xiaomi, allowed the company to sell and import handsets which have chipsets of Qualcomm Inc., till 5 February 2015. Xiaomi argued that Erricsson had suppressed the facts to obtain an injunction. Qualcomm has a license from Erricsson and therefore the license does not make Xiaomi an infringer of Ericsson’s patent rights.

The Central Information Commission (CIC) on 17 December ordered that information relating to the death of the former Chief Justice of India J S Verma be disclosed to RTI activist Mr. S C Agrawal. The Commissioner, M Sridhar Acharyulu said, “Such letters (documents) from eminent citizens from all walks of life on death of a devoted and honest jurist who spent his post-retirement life in a rented house is indeed a matter of serious concern”.

18 December 2014

The Supreme Court bench has extended the former Chief Minister of Tamil Nadu J. Jayalalthaa’s bail by 4 months and directed the Karnataka High Court to constitute a special bench to hear her appeal expeditiously and decide it within 3 months, till 18 April 2015. The former CM challenged her conviction in Karnataka High Court in a ‘Disproportionate Assets Case’ after being found guilty.

19 December 2014

Three judge bench of the Supreme Court dismissed the appeals in relation to the Coal Ordinance. The deadline to pay the penalty is 31 December which was marked from 24 September judgment in which the 214 of the 218 coal blocks allocations was quashed.

22 December 2014

The Allahabad High Court dismissed a batch of Writ Petitions which were filed praying for protection as a married couple as they had tied the knot after the girls got their religion converted from Hindu to Islam and then performed Nikah. The court observed that “Conversion to another religion basically requires change of faith and belief of personal relations of a major individual of sound mind by his free will, with what he/she regards as cosmos, his/her Make or Creator, which he/she believes, regulates the existence of insentient beings and the forces of Universe.”

24 December 2014

The Department of Industrial Policy and Promotion (DIPP) has released the 1^st draft on the National IPR Policy submitted by the ‘Think Tank’ chaired by Justice Prabha Sridevan. The draft policy can be accessed here.

26 December 2014

The Delhi High Court issued a notice to RBI on the decision to impose a limit of five transactions per month from the customers’ own bank ATM and charging Rs. 20/- per transaction beyond it. RBI had also imposed a limit of three transactions per month from ATMs of other banks, located in the six metro centres- Mumbai, New Delhi, Chennai, Kolkata, Bengaluru and Hyderabad. During the hearing, the court said, “You (banks) are unnecessary taxing your account holders.” The response has been sought by 18 February 2015.

The Delhi High Court distinguished between Uber and Ola cabs and refused to give a similar order in favor or Uber. Ola was given relief as they are only a technology platform and not a radio taxi operator. The court observed that ‘You (Uber) take money from customers and give it to drivers. So you are providing the service.’ By the virtue of December 8 Government Order, Uber had been effectively banned in India.

We hope that this summarizes the News from 15th to 27th December . Your comments and suggestions are welcomed.

Until next post of weekly News updates.

Wishing you all a very delightful and successful New Year. 

Manish Kumar, (3rd Year student of IIT Kharagpur Law School)

Disclaimer: This blog or any post thereof is not to be considered to be in any way associated with the official stand of IIT kharagpur or RGSOIPL on the issues being discussed in the said post. The opinions on the blog are the authors own and should not be considered as legal advice.

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Weekly Legal Updates

We bring you the updates for last week. Hope it updates you with all the news from legal world.

8^th December 2014:

The division bench of Supreme Court has struck down the legality of provisions in certain circulars which banned hookah smoking and sale of cigarettes in designated smoking areas. With this three High Court (Bombay, Gujarat and Madras) decisions is overturned. The illegality of circulars was found on the basis of it being violative of COTPA Act, 2003 and Rules.

The Supreme Court agreed to hear a plea challenging the recent ordinance on Coal Block Allocations which is to be heard on 6^th December. The Court had earlier declined a batch of petition by private companies seeking that it re-look its September 24 order cancelling 214 coal blocks allocated from 1993 to 2011.

9^th December 2014:

A Delhi Court has held fourmen guilty for murdering L.N. Mishra, the then Railway Minster in a bomb blast on January 2, 1975. This trial is one of the longest drawn trials in India. Over 200 witnesses were examined in the case. Though the charge-sheet was filed in 1977 in a CBI court in Patna, the conviction has come only after about 40 years of the murder. Earlier in 2012, the accused approached the Supreme Court for quashing the trial against them as the case has not been concluded even after 37 years, which was not accepted by the apex court and was returned to the Delhi Court. The quantum of sentence would be pronounced on 15th December.

10^th December 2014:

The Central Government announced that section 309, attempt to commit suicide, will be deleted from Indian Penal Code (IPC) which will decriminalize the act of commitment of suicide. The decision is based on the request by 18 states and 44 Union territories to implement the Recommendations made in this regard by the Law Commission of India in its 210^th Report. The report made reference to P. Rathinam v. Union of India, where the Supreme Court of India held that Section 309 of IPC is violative of Article 21 of the Constitution of India. The same was overruled in Gian Kaur v. State of Punjab, however The Mental Health Bill of 2013 did attempt to decriminalize the same by putting presumption of mental illness on the persons attempting to commit suicide.

The Kerala High Court has concluded that the DLF violated the Coastal Regulation Zone Notification (CRZ Notification) and therefore ordered the demolition of the construction under DLF project in Kochi. The Court held that:

“Authorities are constituted under various enactments to see that the environment is protected and to see that the present topography which keeps the ecological balance is not disturbed. The purpose of these laws is to preserve nature for posterity. If the violation of these laws is allowed to become the order of the day, the existence of life would be at peril. Right to life guaranteed by our Constitution takes in innumerable rights, including the right to enjoy nature in the present form. Indiscriminate invasion of nature to the detriment of others is an invasion of right to life. Nature which is the property of the nation cannot be allowed to be scrambled by a minority violating all laws.”

11^th December 2014:

The Delhi High Court injuncted Xiaomi, a Chinese phone manufacturer, from selling, advertising, manufacturing or importing devices that infringe the Standard Essential Patents (SEPs) in question. The same SEPs are also a subject matter of a pending litigation between Ericsson and Micromax, Gionee, Intex.  In an ex-parte order passed against Xiaomi, the court also directed Customs Department to stop import of such products as per the IPR Rules, 2007. It is worth noting that Xiaomi managed to sell out its 50,000 handset in just 6 seconds on 8^th December.

12^th December:

Hearing an appeal filed by the Department of Ex-Servicemen Welfare (DESW) against a judgment of the Armed Forces Tribunal (AFT), the Supreme Court had to decide the question of benefits of an extra amount in pensions on account of disability due to service conditions of the ex-servicemen of the Army. The Bench headed by HL Dattu, CJI, said:

“They are in the line of fire. They sacrifice their life for you and for us. This is the least you could do for them. The government can have at least this much of budget for its soldiers who are dying for the people of this country everyday. What is the point of having these memorials and placards saluting our defence personnel if you litigate against the disabled soldiers till the Supreme Court. You should pay them,”

The Government agreed to comply with the order. The Supreme Court dismissed the matter, as a result disposing 880 appeals on the issue. It has also been reported that around 15,000 retired soldiers will be benefited due to the order.

The Social Justice Bench constituted to hear cases pertaining to “Social Justice” matters began with the division bench of Justice Madan B Lokur and Justice UU Lalit. The bench will take up fresh matters alongside the pending matters and will sit every Friday at 2PM at the Supreme Court. The bench was constituted to achieve the Constitutional goal of securing social justice for the citizens of the country.

The Supreme Court has dismissed Bayer’s Special Leave Petition (SLP) against the decision of the Bombay High Court. This dismissal will continue the effectiveness of grant of compulsory license to Natco for Bayer’s anticancer drug Nexavar. This has continued the Indian Courts’ stand to ensure the access to medicine across the country.

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

Until next post of weekly News updates.

Manish Kumar, (3rd Year student of IIT Kharagpur Law School)

For 'OFF Court.'

Disclaimer: This blog or any post thereof is not to be considered to be in any way associated with the official stand of IIT kharagpur or RGSOIPL on the issues being discussed in the said post. The opinions on the blog are the authors own and should not be considered as legal advice.

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