Ecommerce Websites Not Obligated To Screen Products For IP Infringement Before Posting On Website: Delhi HC [Read Judgment]

The Delhi High Court recently refused to direct eBay to screen products for infringement of Intellectual Property Rights, before posting the same on its website. The Court was of the view that requiring an intermediary to do such screening would be “an unreasonable interference with the rights of the intermediary to carry on its business”.“I am further of the view that had the intention...

Specified Bank Notes (Cessation of Liabilities) Act, 2017 Notified; Read the Salient Features [Read the Full Text]

The Central Government has notified the Specified Bank Notes (Cessation of Liabilities) Act, 2017 repealing the ordinance in that regard.The Act is to provide in the public interest for the cessation of liabilities on the specified bank notes. Following are the salient features of the Act. Section 5 of the Act bars any person from knowingly or voluntarily, holding, transferring or receiving...

Delhi HC Dismisses Challenge Against Collegium Recommendations [Read Judgment]

A Division Bench of Delhi High Court on Wednesday dismissed an appeal filed by Advocate RP Luthra against a single Judge’s order dismissing his petition challenging Supreme Court collegium’s May 2016 recommendation for the appointment of four Judges to Supreme Court of India.The Petition filed against the appointment of Justices Ajay Manik Rao Khanwilkar, Dhananjaya Y....

Kerala HC Issues Notice In A PIL Against Use Of Aadhaar Biometric Data By Pvt Telecom Operators [Read Petition]

A public interest litigation has been filed before the High Court Of Kerala against permitting private telecom operators to use biometric data collected under Aadhaar programme for authenticating customer identity while issuing SIM cards.The PIL, filed by one Shyam KJ, who claims to be an “avid user of Information Technology, and a staunch advocate of enhanced transparency, personal freedom...

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment

The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site.Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments rendered by Kerala High Court in two...

Article 227 Cannot Be Exercised To Correct All Errors Of A Judgment Of A Court Acting Within Its Limitation: MP HC [Read Order]

The Madhya Pradesh High Court has held that the jurisdiction of High Court under Article 227 of the Constitution of India cannot be exercised to correct all errors of a judgment of a Court acting within its limitation.Such jurisdiction can be “exercised where the orders is passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law and justice”, the...

Review Petition Maintainable In HC After Dismissal Of SLP As Withdrawn: Delhi HC [Read Judgment]

The Delhi High Court on Monday held that a review petition is maintainable before the high court after the special leave petition (SPL) is dismissed as withdrawn by the Supreme Court.A division bench of Justice Badar Durrez Ahmed and Justice Rajiv Sahai Endlaw was disposing of the preliminary objection to the very maintainability of a review petition on the ground that the SLP preferred...

Inspectors Of Police, Anti-Corruption Bureau Can Investigate Offences Under PC Act: Karnataka HC [Read Judgment]

The Karnataka High Court has held that inspectors of police and Anti- Corruption Bureau have lawful authority to register FIRs and undertake investigation for offences under the Prevention of Corruption Act, 1988.Justice John Michael Cunha observed that as officers in-charge of police stations, the inspectors of police and Anti-Corruption Bureau have lawful authority to register the FIRs...

Doctors Must Explain The Risk Of Suggested Treatment To Patients: Orissa HC [Read Judgment]

Doctors should shoulder their responsibility with all care and caution, rise to the occasion, believe in hard work and discipline and behave with all sensibility.The Orissa High Court has, in a medical negligence case, observed that it is the duty of a doctor to explain his patient or relatives chances of success and the risk of failure of the suggested treatment and inform them about...

Bombay HC Holds Lawyer Guilty Of Criminal Contempt, Forfeits Rs 1 Lakh & More [Read Judgment]

The Nagpur bench of the Bombay High Court has held advocate Satish Uke guilty of criminal contempt and directed him to forfeit Rs.1 lakh of the Rs 2 lakh he had deposited as security with its registry, along with charges for video recording of proceedings in the court.The bench of Justice Prasanna Varale and Justice ZA Haq was hearing a suo-motu criminal contempt petition against Uke. In...

Mere Name Of A Trust Can’t Be Taken As Determinative Of Its Character: SC [Read Order]

The nature of the trust should be examined, the Bench observed.The Supreme Court, in Senathi Na. Venkitasalapathi Ayyer & Sons Private Trust vs. Indhumathi, has observed that mere description or the name of a trust could not be taken as determinative of the character of the trust without examining the nature of the trust.A bench comprising Justice AK Goel and Justice UU Lalit made...

Spike In Award Of Death Sentences: Says Centre For Death Penalty In Annual Statistical Report For 2016 [Read Report]

A considerable spike in death sentence cases was witnessed last year, as per the annual statistical report of the Centre for Death Penalty for 2016.The report reflected on the rising trajectory of death sentences, with 136 cases in sessions courts as compared to 70 in 2015.The report pointed out that despite the guidelines laid down by the Supreme Court cautioning against award of death...