A summary of important cases from the causelists of the Supreme Court of India, the Delhi High Court, and the Bombay High Court. This week we will also be tracking IP matters in the Delhi High Court involving the law firm, Saikrishna & Associates.LIST OF CASES.Supreme Court of India.Hardik Bharatbhai Patel v. State Of Gujarat and Anr.Justice Sunanda Bhandare Foundation v. U.O.I. & Anr.Rahul Gandhi v. Rajesh Mahadev Kunte and Anr.Indian Hotel & Restaurant Association & Anr. v. State Of Maharashtra & Anr.State Of Karnataka v. Selvi J Jayalalitha & Ors.Om Prakash Chautala v. CBI.Bombay High Court.Leonard Xavier Valdaris & Ors. v. Office-in-charge & Ors.Federation of Adoption agencies v. Central adoption resource authorityJuhi Chawla Mehta & 10 Ors. v. Union of India & 7 Ors.Priscilla Samuel v. Union of India & 10 Ors.Ketan Tirodkar v. Hon’ble Chief Minister, Maharashtra.Delhi High Court.Kanhaiya Kumar Vs State of NCT of Delhi, Umar Khalid Vs State of NCT of Delhi and Anirban Bhattacharya Vs State of NCT of DelhiAsian Patent Association (Indian Group) Vs Registrar General, Delhi High CourtVijay Chandra Jha Vs Delhi High Court through Registrar General & Anr..IPR Matters-Saikrishna & Associates.Avaya Inc. & Anr Vs Saurabh Desai & Anr..SUMMARY OF CASES.Supreme Court of India.1. Hardik Bharatbhai Patel v. State Of Gujarat and Anr..[Item 1 in court 3 – SLP (Crl.) 9429/2015].Bench: JS Khehar, C Nagappan JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him by the Surat police. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court..When the matter was last heard, Court had asked Gujarat government to provide an English translation of the chargesheet to Hardik Patel by January 27..Today in court: Although initially reluctant, the Court agreed to accommodate the petitioner’s request for an adjournment. It then told Attorney General Mukul Rohatgi, appearing for Gujarat, that it wants to hear the ancillary issue of destruction to public property by agitators and the possible action that can be taken in that regard. Read the full story here..2. Justice Sunanda Bhandare Foundation v. Union of India & Anr..[Item 1 in court 4 – IA 10-13/2015 in Writ Petition (C) 116/1998].Bench: Dipak Misra, Shiva Kirti Singh JJ..Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..3. Rahul Gandhi v. Rajesh Mahadev Kunte and Anr..[Item 3 in court 4 – SLP (Crl.) 3749/2015].Bench: Dipak Misra, Shiva Kirti Singh 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. The Supreme Court had stayed the trial proceedings until Gandhi’s appeal was disposed..Today in court: This case was adjourned..4. Indian Hotel & Restaurant Association & Anr. v. State Of Maharashtra & Anr..[Item 4 in court 4 – Writ Petition (Civil) 793/2014].Bench: Dipak Misra, Shiva Kirti Singh JJ..A petition challenging the Constitutional validity of provisions in Maharashtra Police (Second Amendment) Act which bans dance performances at bars and hotels in Maharashtra. At the last hearing, Senior Advocate Harish Salve had appeared for the Maharashtra government and sought time to file an affidavit. The Court had allowed the same and adjourned the matter. Read the full report here..Today in court: The petitioner informed the court that the Maharashtra government has prescribed certain conditions to be satisfied before a license for a dance bar can be granted. One of the conditions is that the eating area should be separated from the dancing area by an non-transparent screen. Besides, these a few other conditions were also objected to by the petitioners. The Court has sought the response of the Maharashtra government with respect to those conditions. The case will now be taken up on March 1..5. State Of Karnataka v. Selvi J Jayalalitha & Ors..[Item 5 in court 10 – SLP (CRL) 6117-6120/2015].Bench: PC Ghose, Amitava Roy JJ..The appeal against the judgment of the Karnataka High Court acquitting Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case. Final hearing commenced in this matter and will continue today. Senior Advocate Dushyant Dave is making his submissions for the Karnataka government..Today in court: Senior Advocate Dushyant Dave continued with his submissions and will resume his arguments tomorrow..6. Om Prakash Chautala v. CBI.RP (Crl.) 826/2015 in SLP(CRL) 4658/2015 at 1.45 pm .Bench: FML Kalifulla, Shiva Kirti Singh JJ..Review petition filed by former Haryana Chief Minister Om Prakash Chautala against conviction and 10-year jail sentence awarded to him in a scam that involved illegal recruitment of thousands of junior teachers in the State’s government school..Today in court: Order awaited..Bombay High Court.1. Leonard Xavier Valdaris & Ors. v. Office-in-charge & Ors..[Item 901 Court 43- W.P.(Cri)/2110/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..In April 2014, Agnelo Valdaris and three others were arrested by the Railway Police on allegations of chain snatching. The police claim that Valdaris was run over by a train trying to escape police custody while being taken for a medical checkup. The petitioner, Agnelo’s father, says that his son was illegally kept in custody for forty-eight hours and died due to police torture. Read our detailed report here..Today in court: M.M Deshmukh, APP for state submitted details of those who have died in police custody last year. She also said that the state CID has been directed to submit a monthly report on custodial deaths to the judicial registrar of the High Court, and that no custodial deaths have happened this year. Furthermore, CCTV cameras will be installed in 25 police stations on a pilot basis, with the tendering process underway..The APP said that proceedings under S. 197 of the CrPC have been initiated against eight police personnel. Yug Mohit Chaudhri, the petitioner’s counsel pointed out that the accused must also be charged under POCSO as well..Sandeep Shinde, appearing for CBI said case under POCSO will be filed once they were convinced of the charges. The matter will now be heard on April 11 at 12:30..2. Federation of Adoption Agencies v. Central Adoption Resource authority..[Item 908 Court 43- PILST(OS)/140/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..The petitioners are challenging the 2015 guidelines on adoption issued by Central Adoption Resources Agency (CARA). Read our previous report..Today in court: Amicus Mihir Desai submitted that there are six stages int the adoption process, of which two are not in consonace with the new JJ act. These two stages are registration and assignment of these adoptions..Additional Solicitar General, Anil Singh sai,.“Guidelines are being considered to be converted into regulations,whatever directions this court will pass can be incorporated later.”.The matter was adjourned and will now be heard on April 11..3. Juhi Chawla Mehta & 10 Ors. v. Union of India & 7 Ors..[Item 911 Court 43- PIL(OS)/97/2015].Bench: V.M. Kanade,Revati Mohite Dere JJ..Juhi Chawla seeks an embargo on the installation of mobile phone towers in public places due to the harmful radiation emanating. The PIL has been tagged along with several others. Senior counsel Mihir Desai is appearing for Chawla..Today in court: After the modification in judicial assignment, all environmental matters will be heard in the Chief’s court..4. Priscilla Samuel v. Union of India & 10 Ors..[Item 914 Court 43- PIL(OS)/52/2013].Bench: V.M. Kanade,Revati Mohite Dere JJ..A petition seeking the effective implementation and greater awareness of the Dowry Prohibition Act of 1961. Mahrukh Adenwala has appeared for the Tata Institute of Social Sciences (TISS) which is assisting the court in this case. Read our previous report..Today in court: J.S. Saluja, AGP submitted that under section 498 A of IPC there was one death in Mumbai in 2015 and 45 suicides..Maharukh Adenwala stressed on the need to have non-police personnel as Dowry Prohibition Officers (DPO). She also said statistics on dowry deaths and suicides should be displayed in public places to raise awareness. The BMC has been directed to be added as a respondent in the matter since many tehsildars act as DPO’s..The matter has been adjourned for 4 weeks..5. Ketan Tirodkar v. Hon’ble Chief Minister, Maharashtra .[Item 11 Court 13- CRPIL(Cri)/2/2012].Bench: A.S. Oka, C.V. Bhadang JJ.A PIL against the fraudulent allotment of flats from the CM’s discretionary quota. In the previous hearing, the report of the committe headed by retired judge J.Patil was submitted and copies of the report were made available to the petitioners. The petitioners had been asked to file a fresh application in case further directions are required..Today in court: The matter was disposed of without any comments on the J. Patil report..Delhi High Court.1. Kanhaiya Kumar Vs State of NCT of Delhi, Umar Khalid Vs State of NCT of Delhi and Anirban Bhattacharya Vs State of NCT of Delhi.[Items 1-3, Court 29].Bench- Pratibha Rani J..Kanhaiya Kumar’s bail plea. Yesterday, the Bench had sought a status report from the Delhi Police. Two petitions were filed by JNU students Umar Khalid and Anirban Bhattacharya seeking security before they surrendered to the police under the sedition case registered against them..Yesterday, the Bench had proposed Khalid & Bhattacharya to surrender at a place of their choice, which was opposed by the Delhi Police. Thereafter, the Bench adjourned the matter for today without passing any interim orders in the case..As per recent reports, both the students have surrendered at midnight to the police..Today in Court- After the Delhi Police sought fresh remand of Kumar, the Bench adjourned the hearing till February 29. The Police have also filed their status report in the case..2. Asian Patent Association (Indian Group) Vs Registrar General, Delhi High Court.[Item 2, Court 6- WP (C) 11043/2015].Bench: Sanjiv Khanna, Najmi Waziri JJ..A petition challenging the Delhi High Court’s office order directing the transfer of all pending cases, up to the value of Rs 1 crore, to subordinate courts..On the last date of hearing, the Bench had stayed the transfer of cases..Today in Court- The Bench directed the Petitioners to frame a list of cases that had been transferred to the District Courts so as to consider the possibility of transferring these cases back to the High Court. The case will now be heard on April 4..3. Vijay Chandra Jha Vs Delhi High Court through Registrar General & Anr..[Item 12, Court 1- WP (C) 10112/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Check evening updates..Today in Court- The Bench granted more time to parties for completion of pleadings..IPR Matters-Saikrishna & Associates.4. Avaya Inc. & Anr Vs Saurabh Desai & Anr..[Item 20, Court 22- CS(OS) 2414/2012].Bench- Valmiki Mehta J..Check evening updates..Today in Court- This case was not taken up.
A summary of important cases from the causelists of the Supreme Court of India, the Delhi High Court, and the Bombay High Court. This week we will also be tracking IP matters in the Delhi High Court involving the law firm, Saikrishna & Associates.LIST OF CASES.Supreme Court of India.Hardik Bharatbhai Patel v. State Of Gujarat and Anr.Justice Sunanda Bhandare Foundation v. U.O.I. & Anr.Rahul Gandhi v. Rajesh Mahadev Kunte and Anr.Indian Hotel & Restaurant Association & Anr. v. State Of Maharashtra & Anr.State Of Karnataka v. Selvi J Jayalalitha & Ors.Om Prakash Chautala v. CBI.Bombay High Court.Leonard Xavier Valdaris & Ors. v. Office-in-charge & Ors.Federation of Adoption agencies v. Central adoption resource authorityJuhi Chawla Mehta & 10 Ors. v. Union of India & 7 Ors.Priscilla Samuel v. Union of India & 10 Ors.Ketan Tirodkar v. Hon’ble Chief Minister, Maharashtra.Delhi High Court.Kanhaiya Kumar Vs State of NCT of Delhi, Umar Khalid Vs State of NCT of Delhi and Anirban Bhattacharya Vs State of NCT of DelhiAsian Patent Association (Indian Group) Vs Registrar General, Delhi High CourtVijay Chandra Jha Vs Delhi High Court through Registrar General & Anr..IPR Matters-Saikrishna & Associates.Avaya Inc. & Anr Vs Saurabh Desai & Anr..SUMMARY OF CASES.Supreme Court of India.1. Hardik Bharatbhai Patel v. State Of Gujarat and Anr..[Item 1 in court 3 – SLP (Crl.) 9429/2015].Bench: JS Khehar, C Nagappan JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him by the Surat police. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court..When the matter was last heard, Court had asked Gujarat government to provide an English translation of the chargesheet to Hardik Patel by January 27..Today in court: Although initially reluctant, the Court agreed to accommodate the petitioner’s request for an adjournment. It then told Attorney General Mukul Rohatgi, appearing for Gujarat, that it wants to hear the ancillary issue of destruction to public property by agitators and the possible action that can be taken in that regard. Read the full story here..2. Justice Sunanda Bhandare Foundation v. Union of India & Anr..[Item 1 in court 4 – IA 10-13/2015 in Writ Petition (C) 116/1998].Bench: Dipak Misra, Shiva Kirti Singh JJ..Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..3. Rahul Gandhi v. Rajesh Mahadev Kunte and Anr..[Item 3 in court 4 – SLP (Crl.) 3749/2015].Bench: Dipak Misra, Shiva Kirti Singh 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. The Supreme Court had stayed the trial proceedings until Gandhi’s appeal was disposed..Today in court: This case was adjourned..4. Indian Hotel & Restaurant Association & Anr. v. State Of Maharashtra & Anr..[Item 4 in court 4 – Writ Petition (Civil) 793/2014].Bench: Dipak Misra, Shiva Kirti Singh JJ..A petition challenging the Constitutional validity of provisions in Maharashtra Police (Second Amendment) Act which bans dance performances at bars and hotels in Maharashtra. At the last hearing, Senior Advocate Harish Salve had appeared for the Maharashtra government and sought time to file an affidavit. The Court had allowed the same and adjourned the matter. Read the full report here..Today in court: The petitioner informed the court that the Maharashtra government has prescribed certain conditions to be satisfied before a license for a dance bar can be granted. One of the conditions is that the eating area should be separated from the dancing area by an non-transparent screen. Besides, these a few other conditions were also objected to by the petitioners. The Court has sought the response of the Maharashtra government with respect to those conditions. The case will now be taken up on March 1..5. State Of Karnataka v. Selvi J Jayalalitha & Ors..[Item 5 in court 10 – SLP (CRL) 6117-6120/2015].Bench: PC Ghose, Amitava Roy JJ..The appeal against the judgment of the Karnataka High Court acquitting Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case. Final hearing commenced in this matter and will continue today. Senior Advocate Dushyant Dave is making his submissions for the Karnataka government..Today in court: Senior Advocate Dushyant Dave continued with his submissions and will resume his arguments tomorrow..6. Om Prakash Chautala v. CBI.RP (Crl.) 826/2015 in SLP(CRL) 4658/2015 at 1.45 pm .Bench: FML Kalifulla, Shiva Kirti Singh JJ..Review petition filed by former Haryana Chief Minister Om Prakash Chautala against conviction and 10-year jail sentence awarded to him in a scam that involved illegal recruitment of thousands of junior teachers in the State’s government school..Today in court: Order awaited..Bombay High Court.1. Leonard Xavier Valdaris & Ors. v. Office-in-charge & Ors..[Item 901 Court 43- W.P.(Cri)/2110/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..In April 2014, Agnelo Valdaris and three others were arrested by the Railway Police on allegations of chain snatching. The police claim that Valdaris was run over by a train trying to escape police custody while being taken for a medical checkup. The petitioner, Agnelo’s father, says that his son was illegally kept in custody for forty-eight hours and died due to police torture. Read our detailed report here..Today in court: M.M Deshmukh, APP for state submitted details of those who have died in police custody last year. She also said that the state CID has been directed to submit a monthly report on custodial deaths to the judicial registrar of the High Court, and that no custodial deaths have happened this year. Furthermore, CCTV cameras will be installed in 25 police stations on a pilot basis, with the tendering process underway..The APP said that proceedings under S. 197 of the CrPC have been initiated against eight police personnel. Yug Mohit Chaudhri, the petitioner’s counsel pointed out that the accused must also be charged under POCSO as well..Sandeep Shinde, appearing for CBI said case under POCSO will be filed once they were convinced of the charges. The matter will now be heard on April 11 at 12:30..2. Federation of Adoption Agencies v. Central Adoption Resource authority..[Item 908 Court 43- PILST(OS)/140/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..The petitioners are challenging the 2015 guidelines on adoption issued by Central Adoption Resources Agency (CARA). Read our previous report..Today in court: Amicus Mihir Desai submitted that there are six stages int the adoption process, of which two are not in consonace with the new JJ act. These two stages are registration and assignment of these adoptions..Additional Solicitar General, Anil Singh sai,.“Guidelines are being considered to be converted into regulations,whatever directions this court will pass can be incorporated later.”.The matter was adjourned and will now be heard on April 11..3. Juhi Chawla Mehta & 10 Ors. v. Union of India & 7 Ors..[Item 911 Court 43- PIL(OS)/97/2015].Bench: V.M. Kanade,Revati Mohite Dere JJ..Juhi Chawla seeks an embargo on the installation of mobile phone towers in public places due to the harmful radiation emanating. The PIL has been tagged along with several others. Senior counsel Mihir Desai is appearing for Chawla..Today in court: After the modification in judicial assignment, all environmental matters will be heard in the Chief’s court..4. Priscilla Samuel v. Union of India & 10 Ors..[Item 914 Court 43- PIL(OS)/52/2013].Bench: V.M. Kanade,Revati Mohite Dere JJ..A petition seeking the effective implementation and greater awareness of the Dowry Prohibition Act of 1961. Mahrukh Adenwala has appeared for the Tata Institute of Social Sciences (TISS) which is assisting the court in this case. Read our previous report..Today in court: J.S. Saluja, AGP submitted that under section 498 A of IPC there was one death in Mumbai in 2015 and 45 suicides..Maharukh Adenwala stressed on the need to have non-police personnel as Dowry Prohibition Officers (DPO). She also said statistics on dowry deaths and suicides should be displayed in public places to raise awareness. The BMC has been directed to be added as a respondent in the matter since many tehsildars act as DPO’s..The matter has been adjourned for 4 weeks..5. Ketan Tirodkar v. Hon’ble Chief Minister, Maharashtra .[Item 11 Court 13- CRPIL(Cri)/2/2012].Bench: A.S. Oka, C.V. Bhadang JJ.A PIL against the fraudulent allotment of flats from the CM’s discretionary quota. In the previous hearing, the report of the committe headed by retired judge J.Patil was submitted and copies of the report were made available to the petitioners. The petitioners had been asked to file a fresh application in case further directions are required..Today in court: The matter was disposed of without any comments on the J. Patil report..Delhi High Court.1. Kanhaiya Kumar Vs State of NCT of Delhi, Umar Khalid Vs State of NCT of Delhi and Anirban Bhattacharya Vs State of NCT of Delhi.[Items 1-3, Court 29].Bench- Pratibha Rani J..Kanhaiya Kumar’s bail plea. Yesterday, the Bench had sought a status report from the Delhi Police. Two petitions were filed by JNU students Umar Khalid and Anirban Bhattacharya seeking security before they surrendered to the police under the sedition case registered against them..Yesterday, the Bench had proposed Khalid & Bhattacharya to surrender at a place of their choice, which was opposed by the Delhi Police. Thereafter, the Bench adjourned the matter for today without passing any interim orders in the case..As per recent reports, both the students have surrendered at midnight to the police..Today in Court- After the Delhi Police sought fresh remand of Kumar, the Bench adjourned the hearing till February 29. The Police have also filed their status report in the case..2. Asian Patent Association (Indian Group) Vs Registrar General, Delhi High Court.[Item 2, Court 6- WP (C) 11043/2015].Bench: Sanjiv Khanna, Najmi Waziri JJ..A petition challenging the Delhi High Court’s office order directing the transfer of all pending cases, up to the value of Rs 1 crore, to subordinate courts..On the last date of hearing, the Bench had stayed the transfer of cases..Today in Court- The Bench directed the Petitioners to frame a list of cases that had been transferred to the District Courts so as to consider the possibility of transferring these cases back to the High Court. The case will now be heard on April 4..3. Vijay Chandra Jha Vs Delhi High Court through Registrar General & Anr..[Item 12, Court 1- WP (C) 10112/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Check evening updates..Today in Court- The Bench granted more time to parties for completion of pleadings..IPR Matters-Saikrishna & Associates.4. Avaya Inc. & Anr Vs Saurabh Desai & Anr..[Item 20, Court 22- CS(OS) 2414/2012].Bench- Valmiki Mehta J..Check evening updates..Today in Court- This case was not taken up.