Legal Fire

Rajya Sabha has passed the bill for enhancing the pecuniary jurisdiction of Delhi District Courts to 2 crores.This is a key judicial reform.This will enable faster judicial decisions and lesser hassles for the litigants.

The Government of India is planning to integrate the following three labor laws into an industrial relations law: Industrial disputes act Trade Union's Act Industrial employment standing orders act. This is a welcome development in the area of labor law reform.

The Supreme Court of India has held that marital rape is not a crime in India. The central government's stand is that unlike other countries marriage is sacrosanct in India. National commission for women has been arguing that there should not be any limit to women's freedom.

The Supreme Court of India has done its karma by striking down Sec.66A of the IT act as unconstitutional.It is after a long time that a blow has been struck for the Indian citizen who has been taken for granted for too long.In fact,the Indian Citizen has lived without freedom for so long that he/she does not really understand its meaning.

16 PAC personnel have been acquitted of murder charges because of lack of evidence.

A US federal court has held that abstract software patents do not deserve protection. Accordingly it has removed patent protection of 4 software patents of Hewlett Packard.

The power of the Supreme Court of India for doing justice is absolute and unqualified under Art 142 of the Constitution of India. Article 142 in The Constitution Of India 1949 142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe (2)  Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery

A US federal court has held that abstract software patents do not deserve protection. Accordingly it has removed patent protection of 4 software patents of Hewlett Packard.

The Supreme Court of India has ruled that an appeal from the Armed Forces Tribunal would have to be filed in the Supreme Court.

The anti dowry law ,498 -A of the IPC is going to be amended by the Government of India in order to prevent rampant misuse of the law by disgruntled wives against their husbands and their families.The law is going to be made compoundable so that the warring parties can arrive at a settlement.

In order to avoid the incidence of sexual harrassment at the workplace,organizations can adopt the following practices and procedures: Formulate a policy for dealing with sexual harrassment at the workplace. Deploy a training program for training all the employees on avoiding sexual harrassment at the workplace. Have a grievance handling system in place.

The stage is set for a battle royal regarding the promulgation of the NJAC in the Supreme Court.While the AOR association has stressed the need of independence of the Judiciary,the Supreme Court Bar association has come out in favor of the NJAC.The stand of the SCBA is that the NJAC Act balance the judiciary,executive and the civil society.It will reduce the opacity that currently prevails in the collegium system of selection.

SC confirmed the life sentence awarded to the six accused,who were accused of the murder of Manjunath,the IIM lucknow student who exposed corruption and adulteration in petrol at petrol pumps.

Sec.311 has been wrongly used by the accused in criminal cases to delay proceedings and to fill the lacuna in their cases.The accused in Uber case resorted to the same tactic by utilizing the excuse that his counsel had changed.The High Court of Delhi had allowed the recall of witnesses including the victim u/s 311. However the SC has stayed the HC order.

Cipla  successfully opposed the grant of a patent to Boehringer for Tiotropium Bromide Monohydrate branded as Spiriva.This is utilized in inhalers.The patent was successfully opposed on the basis that it did not enhance therapeutic efficacy.

The agreements related to payment of royalty fees beyond the life of a patent are banned in the US.The US Supreme Court has been petitioned to overturn this law.However the possibility of that happening is low and that is rightly so because the fundamental objective of patenting is social and economic development.Benefits to the patentee cannot be the one and only objective of the patenting process.

A Mumbai family court has held that a woman with qualifications cannot claim maintenance from her husband if she is sitting idle.

The Supreme Court of India has held in Dr.Subramanian Swamy vs.Dir,CBI that Sec.6A of the DSPE Act,1948 which mandates that approval of the government is necessary to conduct an investigation under the Prevention of Corruption Act,1988 for the posts of Jt.Secy. and above as well as officers apponted by the Central Government in corporations,is invalid and violative of Art.14 of the Constitution of India.

The Supreme Court of India has observed in Rohtas Bhankhar VS.UOI that if the government wants to extend reservation in promotions they would need to present quantifiable data indicating backwardness,inadequacy of representation and compliance with Art.335 of the constitution regarding efficiency of administration.

The Supreme Court of India has observed that that the law related to hate speech needs reform.It is getting misused due to lack of clarity.It violates the fundamental right related to freedom of speech.

The power of arrest of the police has been curtailed by the enactment of Sec.41A of the Criminal Procedure Code. In case of offenses with punishment of less than 7 years,the police has to give a notice of appearance before the investigation officer,to the accused.If the accused does not appear then only the investigation officer can initiate arrest. However the scope of Sec.41A has not been fully recognized in the criminal justice system,yet.

Novartis has won a patent legal battle for its drug On brez,a respiratory medicine, in the Delhi High Court.This is a powerful legal precedent.

The Supreme Court of India has observed that it cannot stop tainted politicians from contesting elections.It is the role of parliament to enact such a law.Division of power is a basic structure of the Constitution.The Supreme Court being a protector of the constitution is duty bound to protect its basic structure.

The Supreme Court of India has refused to recognize marital rape as an offense.

The Supreme Court of India has observed that sec.309 of IPC,which makes an attempt to commit suicide a criminal act,be removed from IPC because it is inhuman.