A summary of important cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court..LIST OF CASES.Supreme Court.SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors.Massimilano Latorre and Ors. v. Union of IndiaNipun Saxena v. Union of IndiaKalpana Mehta v. Union of IndiaState of Maharashtra v. Dr. DY Patil VidyapeethChandrakeshwar Prasad@ Chandu Babu v. State of Bihar.Bombay High Court.Pravin P Wategaonkar v. Central Bureau of Investigations & Ors.Ali Akbar Adamjee Peerbhoy v. Honble Chief Minister, Govt of Maharashtra.Delhi High Court.National Campaign for Dignity and Rights of Sewerage and Allied Workers through Hemlata Kansotia v. MCD and Ors.Ram Gopal Varma and Anr. v. Sholay Media and Entertainment Pvt. Ltd. and Ors.Monsanto Company v. Competition Commission of IndiaReckitt Benckiser v. Hindustan UnileverMonsanto Technology v. Nuziveedu Seeds Ltd. and Ors..SUMMARY OF CASES.Supreme Court of India.1. SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors..[Item 301 in court 1 at 3:30 p.m. – IA 205-207/2016 in Conmt.Pet. (C) 412 & 413/2012 IN CA 9813 & 9833/2011].Bench: Chief Justice TS Thakur, Anil R Dave, AK Sikri JJ..Case concerning SEBI Sahara dispute..Today in Court: The Court has asked Sahara Chief Subrata Roy’s lawyer to give a roadmap on how will they pay approx Rs 12,000 crore to SEBI, extends parole of Sahara chief Subrata Roy till Oct 24..2. Massimilano Latorre and Ors. v. Union of India.[Item 301 in court 2 – IA 14, 15 & 16/2016 IN SLP(C) 20370/2012 ].Bench: Anil R Dave, Kurian Joseph, Amitava Roy JJ..Case relating to the ongoing international controversy wherein two Italian marines allegedly shot dead two Indian fishermen aboard the St. Antony fishing ship, off the coast of Kerala..Latorre, who had returned to Italy on health grounds, had moved the Supreme Court seeking the same conditions for stay in Italy as the other marine. At the last hearing, the Centre was allowed time to respond to this plea..Today in Court: The Supreme Court has allowed Massimiliano Latorre to stay in his home country until an international tribunal decides which country will try the case. Earlier in May, Latorre’s co-accused, Salvatore Girone, was granted a bail on same conditions. The apex court also asked the government to submit a report on the progress in international tribunal on arbitration every three months..3. Nipun Saxena and Anr v. Union of India and Ors..[Item 3 in court 3 – Writ Petition (Civil) 565/2012].Bench: JS Khehar, Arun Mishra JJ..Petition filed in the aftermath of the December 16 gang rape in Delhi. The petitioner has challenged the Constitutional validity of the two finger test. Amicus Curiae Indira Jaising has submitted a report recommending criminalisation of marital rape..The Centre had informed the court in October last year that the Ministry of Women and Child Development has gone through the suggestions that have been handed over by Indira Jaising. It said that it will file a tabulated statement indicating the action taken in respect of each of the issues..Today in Court: This case was not taken up..4. Kalpana Mehta & Ors. v. Union of India & Ors..[Item 5 in court 4 – Writ Petition (Civil) 558/2012].Bench: Dipak Misra, C. Nagappan JJ..Case relating to anomalies in clinical trial of vaccines for cervical cancer..Today in Court: This Bench did not sit today..5. State of Maharashtra v. Dr. DY Patil Vidyapeeth.[Item 301 Court 10 – SLP (C) 26558/2016].Bench: AK Sikri, L Nageswara Rao JJ..Petition regarding conducting centralised counselling for NEET in the State of Maharashtra. The Bench had reserved its judgment in the matter yesterday. The remaining petitions will possibly be decided today..Today in Court: The Court has ordered status quo on admissions already made, and directed that the second and third round of counselling will be undertaken by the States, in conjunction with a representative each from all the colleges..6. Chandrakeshwar Prasad @ Chandu Babu v. State Of Bihar And Anr..[Item 3 in court 9 – SLP(Crl) CRL MP 15280/2016].Bench: PC Ghose, Amitava Roy JJ..Appeal filed by Chandrakeshwar Prasad (Chanda Babu) against the judgment of the Patna High Court granting bail to politician Mohammad Shahabuddin. Shahabuddin was granted bail by the Patna High Court on September 7 in a case pertaining to the murder of Babu’s son, Rajdeo Ranjan. Ranjan, an eye witness in the murder of his two younger brothers in 2004, was killed in 2014..Today in Court: Advocate Prashant Bhushan and Senior Advocate Dinesh Dwivedi made their submissions in Court for Chandu Babu and the State of Bihar respectively, along with Senior Advocate Shekhar Naphade appearing for Shahabuddin. The matter was heard at length and the hearing is expected to continue tomorrow..Bombay High Court.1. Pravin P Wategaonkar v. Central Bureau of Investigations & Ors..[Item 14 Court 13- APPI(Cri)/48/2016].Bench: AS Oka, AA Sayed JJ..The application questions the CBI’s reluctance in investigating the allegedly hasty allotment of land in the Adarsh Co-operative Housing Society. The JA Patil commission report states that this allotment was made at the insistence of then revenue minister Shivajirao Nilangekar Patil..The applicant has also pointed out other findings of the JA Patil commission report which had conducted an enquiry in the matter. The bench had directed the CBI to file a fresh report with regard to prayers in the application in a sealed envelope but the bench was not satisfied with the report that was subsequently submitted..Today in court: The bench yet again expressed it’s disappointment over the report submitted by CBI and asked the joint director of western zone to remain present in the next hearing..2. Ali Akbar Adamjee Peerbhoy v. Honble Chief Minister, Govt of Maharashtra.[Item 17 Court 13- WP(C)/2539/2013].Bench: AS Oka, AA Sayyed JJ..Petition seeking renaming of the Matheran station after Sir Adamjee Peerbhoy, the man who set up the rail link between Neral and Matheran hill in 1907. The petition has been filed by his great grandson..Today in Court: This case was adjourned..Delhi High Court.1. National Campaign for Dignity and Rights of Sewerage and Allied Workers through Hemlata Kansotia v. MCD and Ors..[W.P. (C) 5232/2007; Court No. 3 Item No. 26].Bench: Badar Durrez Ahmed, Ashutosh Kumar, JJ..A writ petition filed for the rights of the manual scavengers in Delhi against the Municipal Corporation of Delhi and the Delhi Jal Board. The petitioners filed a report stating they had interacted with 1,000 manual scavengers, out of which only 233 agreed to come on record and talk about the conditions the manual scavengers are exposed to..The petitioners claimed that no safety equipment or safeguard was provided to these scavengers due to which they were resorting to use of alcohol and drugs before entering the pits..Today in Court: The matter was adjourned to October 15..2. Ram Gopal Varma and Anr. v. Sholay Media and Entertainment Pvt. Ltd. and Ors..[RFA (OS) 45/2016; Court No. 4 Item No. 6].Bench: Pradeep Nandrajog, Pratibha Rani, JJ..Appeal against an injunction order granted by a single judge bench against Ram Gopal Varma for copyright infringement. Grandchildren of G.P. Sippy, the producer of the 1975 movie Sholay brought a case against Varma after he released Ram Gopal Varma ki Aag as a “sequel” to Sholay..Today in Court: The appeal was admitted by the bench. The matter will be heard in the due course of proceedings..3. Monsanto Company v. Competition Commission of India.[W.P. (C) 7578/2016; Court No. 16 Item No. 47].Bench: Sanjeev Sachdeva, J..US biotechnology major Monsanto and one of its group entities have moved the Delhi High Court after the Competition Commission rejected their challenge against an investigation into allegedly unfair business practices in the Indian seeds market..Today in Court: The matter was adjourned to Monday..4. Reckitt Benckiser v. Hindustan Unilever.[CS (Comm) 629/2016; Court No. 20 Item No. 5].Bench: Vibhu Bakhru, J..Today in Court: The matter was adjourned to January 30, 2017..5. Monsanto Technology v. Nuziveedu Seeds Ltd. and Ors..[CS (Comm) 132/2016; Court No. 22 Item No. 31].Bench: R.K. Gauba, J..Bt cotton seed major Mahyco Monsanto Biotech Ltd’s plea against Nuziveedu Seeds for infringing its trademark and selling seeds beyond the period of license..Today in Court: The bench heard arguments from Senior Advocate Pratibha Singh appearing for the plaintiff. Singh argued that the defendant used the seeds provided to them by Monsanto that contained the modified gene and then integrated their technology in their varieties. The arguments will continue tomorrow.
A summary of important cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court..LIST OF CASES.Supreme Court.SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors.Massimilano Latorre and Ors. v. Union of IndiaNipun Saxena v. Union of IndiaKalpana Mehta v. Union of IndiaState of Maharashtra v. Dr. DY Patil VidyapeethChandrakeshwar Prasad@ Chandu Babu v. State of Bihar.Bombay High Court.Pravin P Wategaonkar v. Central Bureau of Investigations & Ors.Ali Akbar Adamjee Peerbhoy v. Honble Chief Minister, Govt of Maharashtra.Delhi High Court.National Campaign for Dignity and Rights of Sewerage and Allied Workers through Hemlata Kansotia v. MCD and Ors.Ram Gopal Varma and Anr. v. Sholay Media and Entertainment Pvt. Ltd. and Ors.Monsanto Company v. Competition Commission of IndiaReckitt Benckiser v. Hindustan UnileverMonsanto Technology v. Nuziveedu Seeds Ltd. and Ors..SUMMARY OF CASES.Supreme Court of India.1. SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors..[Item 301 in court 1 at 3:30 p.m. – IA 205-207/2016 in Conmt.Pet. (C) 412 & 413/2012 IN CA 9813 & 9833/2011].Bench: Chief Justice TS Thakur, Anil R Dave, AK Sikri JJ..Case concerning SEBI Sahara dispute..Today in Court: The Court has asked Sahara Chief Subrata Roy’s lawyer to give a roadmap on how will they pay approx Rs 12,000 crore to SEBI, extends parole of Sahara chief Subrata Roy till Oct 24..2. Massimilano Latorre and Ors. v. Union of India.[Item 301 in court 2 – IA 14, 15 & 16/2016 IN SLP(C) 20370/2012 ].Bench: Anil R Dave, Kurian Joseph, Amitava Roy JJ..Case relating to the ongoing international controversy wherein two Italian marines allegedly shot dead two Indian fishermen aboard the St. Antony fishing ship, off the coast of Kerala..Latorre, who had returned to Italy on health grounds, had moved the Supreme Court seeking the same conditions for stay in Italy as the other marine. At the last hearing, the Centre was allowed time to respond to this plea..Today in Court: The Supreme Court has allowed Massimiliano Latorre to stay in his home country until an international tribunal decides which country will try the case. Earlier in May, Latorre’s co-accused, Salvatore Girone, was granted a bail on same conditions. The apex court also asked the government to submit a report on the progress in international tribunal on arbitration every three months..3. Nipun Saxena and Anr v. Union of India and Ors..[Item 3 in court 3 – Writ Petition (Civil) 565/2012].Bench: JS Khehar, Arun Mishra JJ..Petition filed in the aftermath of the December 16 gang rape in Delhi. The petitioner has challenged the Constitutional validity of the two finger test. Amicus Curiae Indira Jaising has submitted a report recommending criminalisation of marital rape..The Centre had informed the court in October last year that the Ministry of Women and Child Development has gone through the suggestions that have been handed over by Indira Jaising. It said that it will file a tabulated statement indicating the action taken in respect of each of the issues..Today in Court: This case was not taken up..4. Kalpana Mehta & Ors. v. Union of India & Ors..[Item 5 in court 4 – Writ Petition (Civil) 558/2012].Bench: Dipak Misra, C. Nagappan JJ..Case relating to anomalies in clinical trial of vaccines for cervical cancer..Today in Court: This Bench did not sit today..5. State of Maharashtra v. Dr. DY Patil Vidyapeeth.[Item 301 Court 10 – SLP (C) 26558/2016].Bench: AK Sikri, L Nageswara Rao JJ..Petition regarding conducting centralised counselling for NEET in the State of Maharashtra. The Bench had reserved its judgment in the matter yesterday. The remaining petitions will possibly be decided today..Today in Court: The Court has ordered status quo on admissions already made, and directed that the second and third round of counselling will be undertaken by the States, in conjunction with a representative each from all the colleges..6. Chandrakeshwar Prasad @ Chandu Babu v. State Of Bihar And Anr..[Item 3 in court 9 – SLP(Crl) CRL MP 15280/2016].Bench: PC Ghose, Amitava Roy JJ..Appeal filed by Chandrakeshwar Prasad (Chanda Babu) against the judgment of the Patna High Court granting bail to politician Mohammad Shahabuddin. Shahabuddin was granted bail by the Patna High Court on September 7 in a case pertaining to the murder of Babu’s son, Rajdeo Ranjan. Ranjan, an eye witness in the murder of his two younger brothers in 2004, was killed in 2014..Today in Court: Advocate Prashant Bhushan and Senior Advocate Dinesh Dwivedi made their submissions in Court for Chandu Babu and the State of Bihar respectively, along with Senior Advocate Shekhar Naphade appearing for Shahabuddin. The matter was heard at length and the hearing is expected to continue tomorrow..Bombay High Court.1. Pravin P Wategaonkar v. Central Bureau of Investigations & Ors..[Item 14 Court 13- APPI(Cri)/48/2016].Bench: AS Oka, AA Sayed JJ..The application questions the CBI’s reluctance in investigating the allegedly hasty allotment of land in the Adarsh Co-operative Housing Society. The JA Patil commission report states that this allotment was made at the insistence of then revenue minister Shivajirao Nilangekar Patil..The applicant has also pointed out other findings of the JA Patil commission report which had conducted an enquiry in the matter. The bench had directed the CBI to file a fresh report with regard to prayers in the application in a sealed envelope but the bench was not satisfied with the report that was subsequently submitted..Today in court: The bench yet again expressed it’s disappointment over the report submitted by CBI and asked the joint director of western zone to remain present in the next hearing..2. Ali Akbar Adamjee Peerbhoy v. Honble Chief Minister, Govt of Maharashtra.[Item 17 Court 13- WP(C)/2539/2013].Bench: AS Oka, AA Sayyed JJ..Petition seeking renaming of the Matheran station after Sir Adamjee Peerbhoy, the man who set up the rail link between Neral and Matheran hill in 1907. The petition has been filed by his great grandson..Today in Court: This case was adjourned..Delhi High Court.1. National Campaign for Dignity and Rights of Sewerage and Allied Workers through Hemlata Kansotia v. MCD and Ors..[W.P. (C) 5232/2007; Court No. 3 Item No. 26].Bench: Badar Durrez Ahmed, Ashutosh Kumar, JJ..A writ petition filed for the rights of the manual scavengers in Delhi against the Municipal Corporation of Delhi and the Delhi Jal Board. The petitioners filed a report stating they had interacted with 1,000 manual scavengers, out of which only 233 agreed to come on record and talk about the conditions the manual scavengers are exposed to..The petitioners claimed that no safety equipment or safeguard was provided to these scavengers due to which they were resorting to use of alcohol and drugs before entering the pits..Today in Court: The matter was adjourned to October 15..2. Ram Gopal Varma and Anr. v. Sholay Media and Entertainment Pvt. Ltd. and Ors..[RFA (OS) 45/2016; Court No. 4 Item No. 6].Bench: Pradeep Nandrajog, Pratibha Rani, JJ..Appeal against an injunction order granted by a single judge bench against Ram Gopal Varma for copyright infringement. Grandchildren of G.P. Sippy, the producer of the 1975 movie Sholay brought a case against Varma after he released Ram Gopal Varma ki Aag as a “sequel” to Sholay..Today in Court: The appeal was admitted by the bench. The matter will be heard in the due course of proceedings..3. Monsanto Company v. Competition Commission of India.[W.P. (C) 7578/2016; Court No. 16 Item No. 47].Bench: Sanjeev Sachdeva, J..US biotechnology major Monsanto and one of its group entities have moved the Delhi High Court after the Competition Commission rejected their challenge against an investigation into allegedly unfair business practices in the Indian seeds market..Today in Court: The matter was adjourned to Monday..4. Reckitt Benckiser v. Hindustan Unilever.[CS (Comm) 629/2016; Court No. 20 Item No. 5].Bench: Vibhu Bakhru, J..Today in Court: The matter was adjourned to January 30, 2017..5. Monsanto Technology v. Nuziveedu Seeds Ltd. and Ors..[CS (Comm) 132/2016; Court No. 22 Item No. 31].Bench: R.K. Gauba, J..Bt cotton seed major Mahyco Monsanto Biotech Ltd’s plea against Nuziveedu Seeds for infringing its trademark and selling seeds beyond the period of license..Today in Court: The bench heard arguments from Senior Advocate Pratibha Singh appearing for the plaintiff. Singh argued that the defendant used the seeds provided to them by Monsanto that contained the modified gene and then integrated their technology in their varieties. The arguments will continue tomorrow.