The Legal Chronicle

GNLU LSC Newsletter

Tenth Edition : 24th November – 9th December

ADMINISTRATIVE LAW

Madras HC: Government has a right to monitor spending of public money by panchayats

Observing the high rate of misappropriation of funds by panchayats, the Madras High Court has upheld the right of State Governments to monitor public money spending. The autonomy granted to these institutions has led to misuse of funds.

For more information, please visit:

http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/high-court-concerned-over-misuse-of-autonomy-by-panchayats/article7925741.ece

ARBITRATION LAW

Mediation proceedings not to be made public

Central Information Commission (CIC) has ruled that mediation proceedings related to domestic disputes should not fall under the ambit of RTI. This is a precautionary step not to allow for harassment of spouses by the other.

For more information, please visit:

http://timesofindia.indiatimes.com/india/Dont-make-public-info-on-mediation-proceedings-CIC/articleshow/49928872.cms

CONSTITUTIONAL LAW

SC imposes fine on Centre for not responding to a Public Interest Litigation

The Centre has been charged with a fine of Rs.25,000/- for failing to file an affidavit on a Public Interest Litigation (PIL) concerning Devadasis. The Devadasi system is an age old practice wherein dalit children are forced to dedicate their lives to the service of a temple, which is now contrary to law.

For more information, please visit:

http://www.thehindu.com/news/national/end-to-devadasi-system-sc-slaps-fine-on-govt-for-no-reply/article7929688.ece

CRIMINAL LAW

Compact Disc is a ‘document’ under Section 294 CrPC


A bench of Justices Dipak Misra and P C Pant in a matter of child sexual abuse allowed the admission of a telephonic conversation which was available in the form of Compact Disc. Overturning the decision of the District Court and Punjab & Haryana High Court, The bench instructed the District Court to admit the CD and check the authenticity of the material.

For more information, please visit:

http://indianexpress.com/article/india/india-news-india/cds-are-documents-can-be-considered-as-evidence-under-law-supreme-court/

Gujarat HC: High Court can quash Domestic Violence Act complaints like FIR’s

The Gujarat High Court has held that the Code of Criminal Procedure would apply to remedies sought under the Domestic Violence Act. Hence, complaints under the said act can be quashed like First Investigation Report (FIR).

For more information, please visit:

http://www.livelaw.in/complaints-under-domestic-violence-act-can-be-quashed-invoking-section-482-crpc-gujarat-hc-db/

COMPETITION LAW

CCI finds cartel in “intensely competitive” air cargo

Competition Commission of India imposed a fine on Jet Airways, Spicejet, and IndiGo airlines for cartelisation in fixing fuel surcharge for transporting cargo. The air carriers have also been directed to cease and desist from indulging in anti-competitive practices.

For more information, please visit:

http://www.financialexpress.com/article/industry/companies/cci-imposes-rs-258-crore-fine-on-jet-airways-indigo-spicejet/167006/

INTELLECTUAL PROPERTY RIGHTS

Title of religious texts cannot be used as trade mark

A Bench of Justice Ranjan Gogoi and Justice N V Ramana held that the names of religious texts cannot be given as trademarks as it could hurt people’s sentiments. Also no person can have individual rights to such names especially for business purposes. The bench in addition said that one cannot take the advantage of gods and goddesses name to sell their products.

For more information, please visit:

http://indianexpress.com/article/india/india-news-india/supreme-court-gods-religious-texts-cant-be-trademarked/

Roche wins patent suit of Cancer drug over Cipla

The Delhi High Court held that Cipla's lung cancer medicine, Erlocip infringes Roche's patent right over its product, Tarceva. However no injunction over Cipla’s Erlocip was granted since the patent expires in March 2016.

For more information, please visit:

http://economictimes.indiatimes.com/industry/healthcare/biotech/pharmaceuticals/delhi-hc-upholds-roches-patent-claims-on-tarceva-against-cipla/articleshow/49948468.cms

http://www.business-standard.com/article/pti-stories/cipla-infringing-roche-s-patent-in-lung-cancer-drug-hc-115112700669_1.html

MISCELLANEOUS

Calcutta High Court sets aside scrapping of political sufferers’ allowances

A single judge bench of Calcutta High Court set aside the state government memo scrapping the West Bengal Post Independence Political Sufferers Pension Scheme, 1988. The West Bengal Government had scrapped this scheme in January, 2013. This scheme covers people who had undergone a prison time for various independence struggles after independence.

For more information, please visit:

http://www.thestatesman.com/news/bengal/high-court-sets-aside-scrapping-of-political-sufferers-allowances/106761.html

Allahabad HC : Frame Rules to Include Divorced Daughter in Family

A single-judge bench of Justice B Amit Sthalekar asked the government to frame rules to include a Divorced daughter in the definition of the word ‘family’ with respect to employment to a family member which is given on compassionate ground in case of the death of an employee. As of today only unmarried or widowed daughter were taken in the ambit of dependent people for such purposes.

For more information, please visit:

http://indianexpress.com/article/cities/lucknow/rame-rules-to-include-divorced-daughter-in-family-allahabad-hc-tells-govt/

Madras HC: Degree obtained without completing higher secondary school is valid


The Madras High Court ruled a degree obtained from a recognised university without undergoing higher secondary school to be valid, provided that entry to the university was through university-conducted entrance exam.

For more information, please visit:

http://www.thehindu.com/news/cities/Madurai/degree-without-completing-plus-two-also-valid-hc/article7921586.ece

Legal Services Committee

Legal Service Committee
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Gujarat National Law University, Attalika Avenue,
Knowledge Corridor, Koba, Gandhinagar - 382007 (Gujarat), INDIA.