The B&B Causelist #155: Justice Katju, Shibu Soren, Micromax, Noise pollution & more (Evening Updates)

A summary of important cases from the causelists of the Supreme Court of India, the Delhi High Court, and the Bombay High Court.We are also tracking IP firm Anand & Anand in the Delhi High Court..LIST OF CASES.Supreme Court of India.Justice(Retd.) Markandey Katju v. The Lok Sabha & Anr.Shibu Soren v. Commissioner of Income Tax, Central-I, New DelhiPt. Nawin Sharma v. Union of India Thr. Secretary Ministry of Law and Justice and Anr.Dharmender Rana and Ors. v. Hon’ble High Court of Delhi and Anr.MKS Menon and Ors. v. Kerala High Court, Rep. By Its Registrar (General) And Ors.Centre for Public Interest Litigation v. Union of India & Ors.Prasar Bharti v. Board of Control for Cricket in India & Ors.Public Interest Foundation & Ors. v Union of India & Anr.ER Kumar & Anr. v. Union of India & Ors..Delhi High Court.Director General of Audit (Central Expenditure) Under the Comptroller and Auditor General of India Vs Rajesh MohanYu Televentures Pvt Ltd Vs TELEFONAKTIEBOLAGET LM Ericcson (Publ) & Ors and Rahul Sharma & Ors Vs TELEFONAKTIEBOLAGET LM Ericcson (Publ) & Ors..IPR Matters [Anand & Anand].Bull Machines Pvt Ltd Vs JC Bamfords Excavators Ltd & Anr.M/S AZ Tech (India) and Anr Vs. M/S Technologies (INDIA) Ltd & Anr.Intex Technologies Limited and Anr Vs Northern Lights Solutions LLP and Ors.Microsoft Corpn. and Anr Vs Ramchandra Agarwal & Ors.Jockey International Inc and Anr Vs. M Rafideen and Ors.Bombay High Court.Mahesh Vijay Bedekar v. State of Maharashtra and Ors.Distillers Association of Maharashtra and 3 Ors. v. State of Maharashtra and 5 Ors.Idea Cellular Limited and Anr v. Maharashtra State Electricity Distribution Co.Federation of Adoption Agencies v. Central Adoption Resource authority..SUMMARY OF CASES.Supreme Court of India .1. Justice(Retd.) Markandey Katju v. The Lok Sabha & Anr..[Item 2 in court 1 – Writ Petition (Civil) 504/2015].Bench: Chief Justice TS Thakur, UU Lalit J. .A petition filed by former Supreme Court judge, Justice Markandey Katju seeking the quashing of resolutions passed by Rajya Sabha and Lok Sabha condemning him for his remarks about Mahatma Gandhi and Subhas Chandra Bose. Senior Advocate Gopal Subramanium is representing Katju J. in the matter with the Court appointing Senior Advocate Fali Nariman as Amicus Curiae..Today in court: This case was adjourned to April 13..2. Shibu Soren v. Commissioner of Income Tax, Central-I, New Delhi.[Item 10 in court 2 – S.L.P.(C)… /2016].Bench: Anil R Dave, AK Goel JJ..Appeal filed by Jharkhand Mukti Morcha leader Shibu Soren against a Delhi High Court judgment which had held that kickbacks received by him for voting in favour of Narasimha Rao government were taxable..Today in court: This petition was dismissed..3. Pt. Nawin Sharma v. Union of India Thr. Secretary Ministry of Law and Justice and Anr..[Item 7 in court 1 – Writ Petition (Civil) 762/2015].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh petition. Check evening updates..Today in court: This petition pertained to establishment of High Court in Agra. The Court refused to entertain the case and asked the petitioner to make a representation to the appropriate authority..4. Dharmender Rana and Ors. v. Hon’ble High Court of Delhi And Anr..[Item 15 in court 1 – Writ Petition (Civil) 130/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh petition. Check evening updates..Today in court: This case could not be tracked..5. MKS Menon and Ors. v. Kerala High Court, Rep. By Its Registrar (General) and Ors..[Item 17 in court 1 – Writ Petition (Civil) 135/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh petition. Check evening updates..Today in court: This petition was filed by three advocates challenging the Senior Advocate designations made by the Kerala High Court in August 2015. Read more about the case here..6. Centre for Public Interest Litigation v. Union Of India & Ors..[Item 22 in court 1 – Writ Petition (Civil) 355/2011].Bench: Chief Justice TS Thakur, UU Lalit J..A petition seeking investigation into allegations of administrative and financial irregularities in IFCI..Today in court: This case could not be tracked..7. Prasar Bharti v. Board of Control for Cricket in India & Ors..[Item 2 in court 7 – SLP(C) 4572-4573/2015].Bench: Ranjan Gogoi, PC Pant JJ..An appeal against the Delhi High Court judgment barring Doordarshan from sharing a live feed of World Cup Cricket matches with private cable operators. You can read more about the case here. .Today in court: The case was adjourned to March 29..8. Public Interest Foundation & Ors. v Union of India & Anr..[Item 303 in court 7 – Writ Petition (Civil) 536/2011].Bench: Ranjan Gogoi J, Arun Mishra, Prafulla C Pant JJ..Petition seeking guidelines to ensure that those charged with serious criminal offences should be barred from contesting elections. Check evening updates..Today in court: This case was referred to a Constitution Bench..9. ER Kumar & Anr. v. Union of India & Ors..[Item 28 in court 1 – Writ Petition (Civil) 55/2003].Bench: Chief Justice TS Thakur, UU Lalit J..Petition concerning implementation of National Urban Livelihood Mission and Shelter for Urban Homeless..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Director General of Audit (Central Expenditure) Under the Comptroller and Auditor General of India Vs Rajesh Mohan.[Item 67, Court 10- W.P.(C) 1948/2016].Bench- Manmohan J..A fresh petition. Check evening updates..Today in Court- This petition was filed challenging an order of the CIC passed in December 2015, directing the Petitioner to disclose audit reports conducted on Atma Ram Sanatan Dharam college..The petitioner’s counsel submitted that the said data was confidential and consequently, covered under the exempted information provided under the RTI Act, therefore the body was incorrect in holding that such information ought to be released under the Act..The Bench stayed the order of the CIC..2. Yu Televentures Pvt Ltd Vs TELEFONAKTIEBOLAGET LM Ericcson (Publ) & Ors and Rahul Sharma & Ors Vs TELEFONAKTIEBOLAGET LM Ericcson (Publ) & Ors..[Item 11-12, Court 1- LPA 888/2015, LPA 889/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Appeals filed by Yu Televentures, a subsidiary company of Micromax and the founder of Micromax Rahul Sharma against the adverse orders passed against the company by the Delhi High Court..Today in Court- Senior Advocate Neeraj Kishan Kaul appeared for Ericcson and challenged the maintainability of the appeal on grounds of perjury committed by the appellant, by lying to the Court of not being served notice in the case. The Bench has heard the case in part..IPR Matters [Anand & Anand].3. Bull Machines Pvt Ltd Vs JC Bamfords Excavators Ltd & Anr..[Item 4, Court 2- FAO(OS) 48/2016].Bench- BD Ahmed, Sanjeev Sachdeva JJ..Check evening updates..Today in Court- This matter could not be tracked. Any inputs/leads would be appreciated..4. M/S AZ Tech (India) and Anr Vs. M/S Technologies (INDIA) Ltd & Anr..[Item 13, Court 24- CS(OS) 2060/2013].Bench- Vipin Sanghi J..Check evening updates..Today in Court- This matter could not be tracked. Any inputs/leads would be appreciated..5. Intex Technologies Limited and Anr Vs Northern Lights Solutions LLP and Ors..[Item 22, Court 24- CS(OS) 2668/2015].Bench- Vipin Sanghi J..Check evening updates..Today in Court- This matter could not be tracked. Any inputs/leads would be appreciated..6. Microsoft Corpn. and Anr Vs Ramchandra Agarwal & Ors..[Item 18, Court 21- CS(OS) 3835/2014].Bench- VK Rao J..Check evening updates..Today in Court- This matter could not be tracked. Any inputs/leads would be appreciated..7. Jockey International Inc and Anr Vs. M Rafideen and Ors.[Item 32, Court 24- CS(COMM) 162/2016].Bench- Vipin Sanghi J..A fresh case. Check evening updates..Today in Court- The Bench adjourned this case to March 9, after seeking sufficient reasons justifying maintainability of the suit on the basis of territorial jurisdiction..8. Aventis Pharma S.A. and Anr Vs Binish Hasmukh Chudkar and Ors..[Item 47, Court 21- CS(OS) 2642/2013].Bench- VK Rao J..Check evening updates..Today in Court- This matter could not be tracked. Any inputs/leads would be appreciated..Bombay High Court.1. Mahesh Vijay Bedekar v. State of Maharashtra and Ors..[Item 1 Court 43- PIL(C)/173/2010].Bench: V.M. Kanade, B.P. Colabawalla JJ.The petitioner seeks strict implementation of the Noise Pollution (Regulation and Control) Rules, 2000. The petitioner has also sought the prohibition of the use of loudspeakers in silence zones specially during the festivals..Today in court: A report of all pandals erected in the state during festivals with or without permission was submitted today. With respect to Pune, where 42 pandals were constructed without permission, notice has been issued by Pune Municipal corporation. Similar data regarding pandals during Ganpati and Navratri festivals in Nasik, Vasai and Kolhapur has been submitted..No specific action has been taken so far apart from Kalyan Dombivli Municipal Corporation(KDMC) imposing a fine of Rs. 3,11,450 on the defaulters..2. Distillers Association of Maharashtra and 3 Ors. v. State of Maharashtra and 5 Ors..[Item 903 Court 52- W.P(OS)/557/2016].Bench: CJ D.H Waghela, M.S. Sonak JJ.A fresh petition. Check evening updates..Today in court: The petitioners sought an interim stay on a government resolution prohibiting sale of Indian Made Foreign Liquor (IMFL) and domestic liquor in plastic pouches and polyethylene terephthalate (PET) bottles. The GR makes the use of glass bottles mandatory..“Plastic creates a problem, it harms the environment. Are you prepared to take responsibility of your PET bottles? “.Chief Jusitice D.H. Waghela enquired from the petitioners who contend that the state’s decision is sudden, and that the use of PET bottles has been in effect for 24 years..Appearing for the petitioners Senior Counsel, Janak Dwarkadas will be filing a compilation of alternative suggestions for reclying of PET bottles. AGP Hiten Venegaonkar will file state’s reply on the issues raised. The next date of hearing is March 17..3. Idea Cellular Limited and Anr v. Maharashtra State Electricity Distribution co..[Item 20 Court 43- W.P(C)/7531/2014].Bench: V.M. Kanade, B.P Colabawalla JJ..Check evening updates..Today in court: Petition against MAHADISCOM’s decision to change Idea cellular’s power tarrif from industrial to commercial. A similar petition of Vodafone has been tagged along with this matter. The difference of payment which runs into crores is being claimed by the state government undertaking..The interim relief granted to the petitioners would continue, with the State government to file a detailed reply in the matter. The next date of hearing is March 14..4. Federation of Adoption Agencies v. Central Adoption Resource authority..[Item 31 Court 13- PILST(OS)/140/2015].Bench: A.S. Oka, G.S. Kulkarni JJ..The petitioners are challenging the 2015 guidelines on adoption issued by Central Adoption Resources Agency (CARA). Read our previous report for more details..Today in court: Petitioners as weel as the intervenor have been directed to file a reply to the Additional Solicitor General Anil Singh’s affidavit stating that the CARA guidelines are in consonance with the new Juvenile Justice Act, 2016. .The matter was adjourned to April 5.