A summary of cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court..TABLE OF CASES.Supreme Court of India.Jindal Stainless Steel v. State of HaryanaRahul Gandhi v. Rajesh Mahadev KunteKamini Jaiswal v. Union of IndiaUnion Of India v. Sh. Harish Chandra Singh Rawat And Anr..Bombay High Court.The Maharashtra State Legal Services Authority v. State of Maharashtra & Ors.Association of Radio Taxis v. Commissioner of Transport, MaharashtraNR Soni v. State of Maharashtra & Anr.Delhi High Court.Anish Agarwal and Anr. v. Government of NCT of Delhi and Ors.Virbhadra Singh and Anr. v. Enforcement Directorate and Anr.Telefonktiebolaget LM Ericsson (Publ) v. Lava International Ltd..SUMMARY OF CASES .Supreme Court of India.1. Jindal Stainless Steel v. State of Haryana.[Item 901 in court 1 – CA 3453/2002].Bench: Chief Justice TS Thakur, AK Sikri, SA Bobde, Shiva Kirti Singh, NV Ramana, R Banumathi, AM Khanwilkar, DY Chandrachud, Ashok Bhushan JJ..Case relating to the imposition of entry tax. The Bench is currently listening to the states’ arguments..Senior Advocates Rakesh Dwivedi and Dushyant Dave made further submissions for the states on the previous hearing..Today in Court: Ajit Kr. Sinha argued the case today..2. Rahul Gandhi v. Rajesh Mahadev Kunte and Anr..[Item 301 in court 4 at 2 pm – SLP (Crl) 3749/2015].Bench: Dipak Misra, Rohinton Fali Nariman JJ..A petition filed by Rahul Gandhi to quash defamation proceedings pending against him in a Maharashtra court based on a complaint filed by RSS activist Rajesh Kunte. Gandhi’ plea for quashing was rejected by the Bombay High Court, whereupon he had approached the Supreme Court..Read more about what transpired in the last hearing here..Today in Court: The Court was inclined to pass an order and dispose off the matter, but senior counsel UR Lalit insisted on obtaining instructions from his client..Read the full story here..3. Kamini Jaiswal v. Union of India.[Item 6 in court 5 – WP (Civil) 32/2016].Bench: Chelameswar, Abhay Manohar Sapre JJ..PIL filed by advocate Kamini Jaiswal seeking SIT investigation into violence by lawyers at Patiala House and initiation of contempt action against three lawyers involved in the incident..The Court had issued notice to three lawyers – Yashpal Singh, Vikram Chauhan and Om Sharma..Today in Court: This matter was adjourned for next week after Ajit Kr. Sinha mentioned that it was his turn to argue the entry tax case..4. Union Of India v. Sh. Harish Chandra Singh Rawat And Anr..[Item 13 in court 4 – SLP (C) 11567/2016].Bench: Dipak Misra, C Nagappan JJ..Appeal against the judgment of the Uttarakhand High Court which had annulled the proclamation of President’s rule in the State. The court had directed holding of a floor test in the Assembly which was won by Congress. This had led to restoration of Harish Chandra Rawat as Chief Minister. The court will now decide the legality of Presidential proclamation..Today in Court: The matter was adjourned to October 19..Bombay High Court.1. The Maharashtra State Legal Services Authority v. State of Maharashtra & Ors..[Item 907 Court 52- PIL(C)/74/2016].Bench: CJ Manjula Chellur, MS Sonak J.Check evening updates..Today in court: The petitioners seek implementation of the Integrated Child Protection Scheme(ICPS) under the Juvenile Justice Act in the states of Maharashtra and Goa..Senior Counsel Rajni Iyer, appearing for the petitioners, said the centre had made funds available under this scheme after the 14th Finance Commission but neither of the two states have utilised these funds..The State of Maharashtra had already filed it’s reply stating that the funds have not been made available due to administrative challenges. Goa has now been directed to file it’s reply in the matter. The petitioners have also stated that this is not an adversarial litigation at all and the intention is to ensure welfare of children of both the states. The next date of hearing is September 30..2. Association of Radio Taxis v. Commissioner of Transport, Maharashtra.[Item 903 Court 31- WP(OS)/1730/2016].Bench: SC Dharmadhikari, BP Colabawalla JJ.The petitioner association argues that app-based companies Uber and Ola were using cars with tourist permits for intra-city travel. This, they say, is in clear breach of the permit conditions, as such permits are actually meant for inter-city and inter-state travel. Senior Counsel Aspi Chinoy appears for the petitioners while Birendra Saraf appears for Uber India..Today in court: Read our detailed report..3. NR Soni v. State of Maharashtra & Anr.[Item 2 Court 13- CRPIL/7/2008].Bench: AS Oka, AA Sayed JJ.The petitioner’s letter was converted into a PIL. This is a case of custodial death of one Robert Almeida. He died in custody in a Thane prison, where he was allegedly tortured by the police. The state government had been directed to inform the bench whether it wants to institute an inquiry into this case of missing witnesses..Today in court: The bench directed the DGP to appoint an officer not below the rank of deputy director general of police to conduct an enquiry and trace these 11 witnesses also to find out the prison officials in time of the death so that action can be taken against them if it is found that there was any dereliction of duty..The name of the officer who was responsible for tracing these witnesses will be furnished tomorrow..Delhi High Court.1. Anish Agarwal and Anr. v. Government of NCT of Delhi and Ors..[W.P. (C) 7494/2016; Court No. 1 Item No. 53].Bench: G. Rohini, CJ, Sangita Dhingra Sehgal, J..A PIL filed against restaurants charging Value Added Tax and Service Tax in excess of what is provided in accordance with law. The PIL seeks directions from the bench that VAT can be charged only with respect to goods and that Service Tax can be charged only with respect to services..Today in Court: The bench issued notice, read our detailed report..2. Virbhadra Singh and Anr. v. Enforcement Directorate and Anr..[W.P. (Crl.) 856/2016; Court No. 34 Item No. 6].Bench: Vipin Sanghi, J..Himachal Pradesh Chief Minister Virbhadra Singh has approached the Court seeking to prevent the Enforcement Directorate from taking any coercive step against him in connection with an alleged money laundering case..In the last hearing, the bench asked Virbhadra Singh’s wife to be present before the court after the opposite side argued that they wanted to ask her questions which could not be answered by representatives..Kapil Sibal, arguing for the petitioner stated that they have no objection with co-operating as long as no coercive steps are taken against his client. The Enforcement Directorate assured the court that no arrest will take place when she is brought before the court on the next date of hearing..Today in Court: The matter will come up for hearing on September 23, 2016..3. Telefonktiebolaget LM Ericsson (Publ) v. Lava International Ltd..[CS (OS) 764/2015; Court No. 24 Item No. 38].Bench: S. Murlidhar, J..Patent infringement suit filed by Ericsson against Lava International Ltd. claiming royalty and damages. The matter is now listed for final arguments..Today in Court: Senior Advocates Gopal Subramanium and Pratibha Singh argued for the plaintiff. He put forth before the bench that the patents related to GSM, EDGE and WCDMA were Standard Essential Patents and were available to whoever entered into a license agreement with Ericsson. He further reiterated that the stand taken by the respondents that the technical specifications of the patents were not furnished by Ericsson is nothing more than a delaying tactic..The final arguments will continue on Monday.
A summary of cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court..TABLE OF CASES.Supreme Court of India.Jindal Stainless Steel v. State of HaryanaRahul Gandhi v. Rajesh Mahadev KunteKamini Jaiswal v. Union of IndiaUnion Of India v. Sh. Harish Chandra Singh Rawat And Anr..Bombay High Court.The Maharashtra State Legal Services Authority v. State of Maharashtra & Ors.Association of Radio Taxis v. Commissioner of Transport, MaharashtraNR Soni v. State of Maharashtra & Anr.Delhi High Court.Anish Agarwal and Anr. v. Government of NCT of Delhi and Ors.Virbhadra Singh and Anr. v. Enforcement Directorate and Anr.Telefonktiebolaget LM Ericsson (Publ) v. Lava International Ltd..SUMMARY OF CASES .Supreme Court of India.1. Jindal Stainless Steel v. State of Haryana.[Item 901 in court 1 – CA 3453/2002].Bench: Chief Justice TS Thakur, AK Sikri, SA Bobde, Shiva Kirti Singh, NV Ramana, R Banumathi, AM Khanwilkar, DY Chandrachud, Ashok Bhushan JJ..Case relating to the imposition of entry tax. The Bench is currently listening to the states’ arguments..Senior Advocates Rakesh Dwivedi and Dushyant Dave made further submissions for the states on the previous hearing..Today in Court: Ajit Kr. Sinha argued the case today..2. Rahul Gandhi v. Rajesh Mahadev Kunte and Anr..[Item 301 in court 4 at 2 pm – SLP (Crl) 3749/2015].Bench: Dipak Misra, Rohinton Fali Nariman JJ..A petition filed by Rahul Gandhi to quash defamation proceedings pending against him in a Maharashtra court based on a complaint filed by RSS activist Rajesh Kunte. Gandhi’ plea for quashing was rejected by the Bombay High Court, whereupon he had approached the Supreme Court..Read more about what transpired in the last hearing here..Today in Court: The Court was inclined to pass an order and dispose off the matter, but senior counsel UR Lalit insisted on obtaining instructions from his client..Read the full story here..3. Kamini Jaiswal v. Union of India.[Item 6 in court 5 – WP (Civil) 32/2016].Bench: Chelameswar, Abhay Manohar Sapre JJ..PIL filed by advocate Kamini Jaiswal seeking SIT investigation into violence by lawyers at Patiala House and initiation of contempt action against three lawyers involved in the incident..The Court had issued notice to three lawyers – Yashpal Singh, Vikram Chauhan and Om Sharma..Today in Court: This matter was adjourned for next week after Ajit Kr. Sinha mentioned that it was his turn to argue the entry tax case..4. Union Of India v. Sh. Harish Chandra Singh Rawat And Anr..[Item 13 in court 4 – SLP (C) 11567/2016].Bench: Dipak Misra, C Nagappan JJ..Appeal against the judgment of the Uttarakhand High Court which had annulled the proclamation of President’s rule in the State. The court had directed holding of a floor test in the Assembly which was won by Congress. This had led to restoration of Harish Chandra Rawat as Chief Minister. The court will now decide the legality of Presidential proclamation..Today in Court: The matter was adjourned to October 19..Bombay High Court.1. The Maharashtra State Legal Services Authority v. State of Maharashtra & Ors..[Item 907 Court 52- PIL(C)/74/2016].Bench: CJ Manjula Chellur, MS Sonak J.Check evening updates..Today in court: The petitioners seek implementation of the Integrated Child Protection Scheme(ICPS) under the Juvenile Justice Act in the states of Maharashtra and Goa..Senior Counsel Rajni Iyer, appearing for the petitioners, said the centre had made funds available under this scheme after the 14th Finance Commission but neither of the two states have utilised these funds..The State of Maharashtra had already filed it’s reply stating that the funds have not been made available due to administrative challenges. Goa has now been directed to file it’s reply in the matter. The petitioners have also stated that this is not an adversarial litigation at all and the intention is to ensure welfare of children of both the states. The next date of hearing is September 30..2. Association of Radio Taxis v. Commissioner of Transport, Maharashtra.[Item 903 Court 31- WP(OS)/1730/2016].Bench: SC Dharmadhikari, BP Colabawalla JJ.The petitioner association argues that app-based companies Uber and Ola were using cars with tourist permits for intra-city travel. This, they say, is in clear breach of the permit conditions, as such permits are actually meant for inter-city and inter-state travel. Senior Counsel Aspi Chinoy appears for the petitioners while Birendra Saraf appears for Uber India..Today in court: Read our detailed report..3. NR Soni v. State of Maharashtra & Anr.[Item 2 Court 13- CRPIL/7/2008].Bench: AS Oka, AA Sayed JJ.The petitioner’s letter was converted into a PIL. This is a case of custodial death of one Robert Almeida. He died in custody in a Thane prison, where he was allegedly tortured by the police. The state government had been directed to inform the bench whether it wants to institute an inquiry into this case of missing witnesses..Today in court: The bench directed the DGP to appoint an officer not below the rank of deputy director general of police to conduct an enquiry and trace these 11 witnesses also to find out the prison officials in time of the death so that action can be taken against them if it is found that there was any dereliction of duty..The name of the officer who was responsible for tracing these witnesses will be furnished tomorrow..Delhi High Court.1. Anish Agarwal and Anr. v. Government of NCT of Delhi and Ors..[W.P. (C) 7494/2016; Court No. 1 Item No. 53].Bench: G. Rohini, CJ, Sangita Dhingra Sehgal, J..A PIL filed against restaurants charging Value Added Tax and Service Tax in excess of what is provided in accordance with law. The PIL seeks directions from the bench that VAT can be charged only with respect to goods and that Service Tax can be charged only with respect to services..Today in Court: The bench issued notice, read our detailed report..2. Virbhadra Singh and Anr. v. Enforcement Directorate and Anr..[W.P. (Crl.) 856/2016; Court No. 34 Item No. 6].Bench: Vipin Sanghi, J..Himachal Pradesh Chief Minister Virbhadra Singh has approached the Court seeking to prevent the Enforcement Directorate from taking any coercive step against him in connection with an alleged money laundering case..In the last hearing, the bench asked Virbhadra Singh’s wife to be present before the court after the opposite side argued that they wanted to ask her questions which could not be answered by representatives..Kapil Sibal, arguing for the petitioner stated that they have no objection with co-operating as long as no coercive steps are taken against his client. The Enforcement Directorate assured the court that no arrest will take place when she is brought before the court on the next date of hearing..Today in Court: The matter will come up for hearing on September 23, 2016..3. Telefonktiebolaget LM Ericsson (Publ) v. Lava International Ltd..[CS (OS) 764/2015; Court No. 24 Item No. 38].Bench: S. Murlidhar, J..Patent infringement suit filed by Ericsson against Lava International Ltd. claiming royalty and damages. The matter is now listed for final arguments..Today in Court: Senior Advocates Gopal Subramanium and Pratibha Singh argued for the plaintiff. He put forth before the bench that the patents related to GSM, EDGE and WCDMA were Standard Essential Patents and were available to whoever entered into a license agreement with Ericsson. He further reiterated that the stand taken by the respondents that the technical specifications of the patents were not furnished by Ericsson is nothing more than a delaying tactic..The final arguments will continue on Monday.