High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court issued guidelines in the matter of granting bail to Human Trafficking crimes. A Division bench comprising of Justices RoshanDalvi and ShaliniPhansalkar Joshi said that, the Courts shall, as a general principle, refuse bail to an accused who is shown as a trafficker in human beings.Calcutta High CourtA Division Bench of Calcutta High Court comprising...

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan and a Junior...

Delhi HC rules infringement by Cipla of Roche’s lung Cancer Drug Patent [Read Judgment]

The Delhi High Court today held that generic drug maker Cipla Ltd. was violating Swiss innovator firm Hoffman-La Roche’s patent in lung cancer drug erlotinib hydrochloride.However, keeping in view the fact that the life of the patent in favour of Roche in India would expire in March, 2016 and that no such order was passed by the single Judge, the Bench comprising Justice Pradeep Nandrajog...

New Trademark regime: Proposes to double the fees while zero measure to improve efficiency

The Department of Industrial Policy and Promotion (DIPP) released the  draft of the proposed new Trademark Rules without creating any new procedure or mechanisms to either tackle the immense backlog for present applications or the unpredictability in terms of processing time for the actual examination/opposition.  However, they do stipulate a hefty doubling of all fees.The new rules...

Degree without Plus-Two is valid if candidate passes entrance examination before being admitted to degree course: Madras HC [Read Judgment]

A Single Judge Bench of the Madras High Court recently held that degree awarded by a University without Plus-Two is valid if the concerned candidate passes entrance examination before being admitted to the degree course by the University.The Court relied on the judgment in the case of P.Raman v. the Government of Tamil Nadu, W.P.No.13054 of 2010, wherein Justice D. Hariparanthaman had reached...

Gujarat HC quashes 498A complaint against In Laws accused of hurling abuses [Read Judgment]

They may be morally guilty of not treating the daughter-in-law with respect in an Indian society, but such moral acts fall short of an offence under Section 498A of the IPC.Gujarat High Court has held that ‘hurling abuses’does not constitute cruelty to attract offence under Section 498A of Indian Penal Code. Justice J. B. Pardiwala quashing the complaint against in Laws, said that...

Delhi HC sets up Courts for speedy disposal of Commercial disputes

In a move for quick settlement of commercial disputes, Delhi High Court on Thursday set up six commercial division courts and four commercial appellate division courts for adjudicating commercial disputes of a specified value of which is above Rs.1 crore.The step has given effect to a recent ordinance, the Commercial Courts, Commercial Division and Commercial Appellate Division of High...

Kerala HC makes it mandatory for all Government staffs and officers to attend National day functions [Read Judgment]

We are of the view that participation in the national day celebrations is expected not only from the Government servant and other public servant, local authorities, institutions, but it should be a spirit of every citizen of India to participate and cherish the memory of above important days in the history of India, the High Court said.Upon a Public Interest Litigation filed by one Nimisha,...

Bombay HC issues guidelines in the matter of Human Trafficking crimes : says not being trafficked is a fundamental right, bail shall not be granted for Habitual Traffickers [Read Judgment]

An accused who is a trafficker in humans who has criminal antecedents, has been violent as seen from the statements of the victims of witnesses, who has no permanent local address, who is an illegal migrant or nonlocal resident or a foreign national on a lapsed tourist visa, who has trafficked a minor or who has absconded and is arrested upon NBW issued, or a brothel owner whose brothel has...

12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]

A Division Bench of Madras High Court has asked the Centre to clarify whether Section 29A of the Arbitration and Conciliation (Amendment) Ordinance, 2015 would apply to pending arbitrations. Section 29A provides for a mandatory 12 month timeline for arbitrations to be completed (with an optional extension by 6 months subject to consent of parties) failing which parties have to approach Court...

Scribes who lost job after Bhushan's 'Essar leaks' have right to be heard: Supreme Court

The supreme court today agreed to give a hearing and accept detailed statements from several journalists who were asked by their organizations to quit after their names surfaced in “Essar leaks”.The court had earlier sought the responses of the Centre, CBI and the Essar group on a plea by noted lawyer Prashant Bhushan for a court-monitored probe into the “revelations” of the...

SC slams Maharashtra govt for not allowing reopening of dance bars despite its order

The Supreme Court today slammed the Maharashtra government for not complying its October 15 order to lift the ban on dance bars across the state and ordered it to grant licenses to 60 applicants before it within two weeks.“We remind that the state is obliged by law to enforce the order without any deviation. An order passed by court has to be respected..issue licenses to bars in two...