Case Analysis: In re Roslin Institute (Edinburgh)

Patent
Aastha Tushar Mehta & Bandhan Umesh Sheth1. Cloning is seen as one of the marvels of scientific inventions, and a stride ahead in the field of biology.  First ever produced mammal clone was “DOLLY” the sheep which was created by Keith Henry Stockman Campbell and Ian Wilmut, by a process called somatic cell nuclear transfer, wherein the researchers took nucleus of an adult somatic mammary cell...

Social purpose of content of utilitarianism

Law
Ruchika Jain, Student of Law, VIT Law School UTILITARIANISM Utilitarianism was a philosophical movement in England.  It is something that fits right in ethical theory when compared with science and featuring with great expletory power of single law of morality. Some of its roots can be found in Scottish philosopher called Hume’s writing also though he cannot be regarded as a typical exponent of...

Government to reconsider Section 66 A of IT Act

Supreme Court of India
While replying to the Supreme Court’s comment seeking clarity on Section 66 A of the Information Technology Act, 2000, Central Government informed the apex court that Government is willing to take a re-look at Section 66 A of the Information Technology Act, which empowers police to make arrests over social media messages, and to put in necessary safeguards for allaying apprehensions against its misuse. Government...

Karnataka High Court commutes death to life term in Church blast case

Karnataka High Court
A division bench of Karnataka High Court headed by Justice N Kumar commuted the death penalty awarded by a special court in 2008 to 7 of the convicts to life sentence in the Church blast case. High Court of Karnataka commuted the death penalty imposed on seven convicts in the 2000 serial church blast cases to life imprisonment and upheld conviction of all the 22 people belonging to the banned Deendar...

Spencer and evolutionary theory of law

Law
S Debabrata Reddy, Student of Law, VIT LAW School, Chennai Herbert Spencer (1820-1903) was an English philosopher and sociologist who became the author of a theory of law, justice, and society strongly influenced by Charles Darwin’s Origin of Species. Generally, the concept of evolution was first introduced by Jean Baptiste Lamarck and Charles Darwin. Lamarck coined the term “invertebrates” and...

Advocate sentenced to Jail for abusing Woman Colleague

Delhi High Court
A bench of Justices T S Thakur and Adarsh K Goel of the Apex Court send a strong signal against incidents of harassment of women particularly in court premises, while dismissing an appeal by a lawyer against a week-long jail term in a case of misdemeanour against a woman colleague in Delhi High Court in 2012. Apex Court has upheld imprisonment of an advocate who had been sentenced to seven days imprisonment...

Restrictions on OnePlus sales up on Micromax Plea

Gurgaon-based consumer electronics manufacturer Micromax Informatics Ltd secured a temporary injunction from the Delhi high court against rival Chinese phone maker Shenzhen OnePlus Technology Co. Ltd from marketing, selling and shipping its OnePlus mobiles in India. However the Court allowed the company, which launched its OnePlus One phones in India through e-commerce website on 2 December, to clear...

Xiaomi can now sell its phones in India

A division bench of Justice Pradeep Nandrajog and Justice RK Gauba of Delhi High Court allowed Xiaomi Technology India Pvt. Ltd to import and sell its phones in India till January 8. However, Court made it clear that Xiaomi can sell only those devices in India, which use chipsets which are running on Qualcomm processors, a licensee of Ericsson said the Court. Earlier A Single Bench of Delhi High Court...

Sanskrit to be introduced from this academic year

Supreme Court of India
A bench of Justices A R Dave and Kurian Joseph of the Apex Court accepted the proposal of Central Government for introducing Sanskrit as the third language replacing German in Kendriya Vidyalayas from the current academic session. However, Court said that the students would be required to appear in Sanskrit examination from the next academic session (2015-16). Decision came after obtaining an assurance...

Supreme Court lifted the ban on sale and use of Hookah in smoking zones

Supreme Court of India
A bench headed by justice Ranjan Gogoi of the Apex Court held that smoking prohibition only extended to public places and not spaces earmarked for smoking. In a landmark judgment, the Apex Court on Monday lifted a three-year-old ban on hookah smoking holding that prohibition on ‘facilitating’ Hookah smoking in strictly smoking spaces is impermissible in law. However, the court said ashtrays,...

Moods XXX condom and the Trademark dispute

If alleged offender was not aware of the existence of a registered trade mark and admits the mistake at the threshold, it could not be compelled to pay damages and rendition of accounts, Delhi High Court said in a suit which was filed by DKT India against HLL Lifecare Limited. It would save the time of the court and the award of damages would be harsh and unjustified, court said. It is a case, where...

Ordinary Postal Stamps as RTI fee instrument

RTI
In two different cases, the Information Commissioners Shri R K Jain and Shri Raghubir Singh have made a common recommendation to the Department of Personnel and Training for implementing postal stamps as a mode of payment of RTI fee thus reducing hassles of applicants. If this recommendation is accepted by the Centre, then people seeking information under RTI Act may now be able to use postal stamps...

Marriages are ruined by false cruelty cases, says Supreme Court

A bench of Chief Justice H L Dattu and A K Sikri of the Apex court while dismissing a woman’s petition who had appealed against a trial court’s decision said false complaints under Section 498A of Indian Penal Code (IPC) against innocent in-laws alleging cruelty and harassment at matrimonial homes were increasingly making the husbands adamant not to take back their wives. The bench further...

Clarity required on ‘infirmity’ in Section 66A, IT Act 2000

Supreme Court of India
A bench of Justices J. Chelameswar and S.A. Bobde of the Apex Court, while hearing contention of Centre in a case of posting objectionable comments on social websites by some persons sought clarity on ‘infirmity’ in Section 66A of the Information Technology Act 2000 (IT Act). Court recognized that misuse of Section 66A in case of “unpalatable political activity” had to be checked and...

Lingaa release, producers to deposit 10 Crore rupees

Madurai bench of Madras High Court Bench while hearing a writ appeal filed by an aspiring filmmaker, K.R. Ravi Rathinam permitted the release of the Rajinikanth starrer Tamil movie Lingaa on a condition that, the producer deposit Rs.5 crore, besides providing a bank guarantee for an equal sum to the credit of the Registrar (Administration) of the Bench. The Division Bench of Justices V. Dhanapalan...

Bar bribery case: Case filed against K M Mani

As reported in Mathrubhumi and Malayala Manorama, the Vigilance Department on filed a case against the Kerala Finance Minister, Shri. K M Mani to conduct a probe into the allegations that, he took bribe from bar owners. Special Vigilance Cell of Poojappura named K M Mani as accused No 1 in the case and the Special Investigation Unit of the Vigilance, headed by Vigilance SP R. Sukesan, will probe the...

6 month jail term for Raju brothers in Satyam scam

Law
As reported in The Hindu & Zee News, Special Court in Delhi sentenced Mr. Ramalingam Raju, founder of Satyam Computers and his brother Mr. Rama Raju, who was then Managing Director of Satyam Computers for 6 months jail and fined an amount of Rs 5 Lacs. This is the first judgment in the Rs.14000crore Satyam Computer accounting scandal which took place six years ago. Cases were filed by the Serious...

Decriminalisation of attempt to suicide

Considering the recommendation of 210th report of Law Commission of India on “Humanization and Decriminalisation of Attempt to Suicide”, Government decriminalised attempt to commit suicide, which is otherwise an offence under Section 309 of Indian penal Code. Attempt to suicide is no longer a crime. It will ensure that, people driven to take their lives do not end up in prison in case they...

Unfair dismissal: Supreme Court dismisses Appeal of Cimco Birla Ltd

Supreme Court of India
Supreme Court while dismissing the appeal of Cimco Birla Ltd, has severely criticised the company for harassing a woman employee by “dragging her from one court to another from 1987 till date, nearly 27 years”, and imposed costs on it directing it to comply with the order within a month. Upon hearing both the parties Court was of the view that the concluded lis between the parties...

Subsidy cannot be enforced as a matter of right

Supreme Court while dismissing the appeals of heavy industries in Uttar Pradesh in Paschimanchal Vidyut Vitaran Nigam v. Adarsh Textiles said that, “granting subsidies in power tariff to certain sectors is the prerogative of the State Government and that “subsidy being a concession could not be enforced as a matter of right.” Court further observed that, granting subsidies in power...