IP Roundup April 2024 | Recent updates on Intellectual Property
Update yourself with all the latest Intellectual Property updates in April 2024.
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[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC
“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”
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Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case
Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.
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HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Ramesh Sippy Inheritance Claim; Cash for Job Scam; Yamuna River Environmental Crisis; MP Judicial Service Rules and more
A quick legal roundup to cover important stories from all High Courts this week.
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Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers
“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”
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[EVM-VVPAT verification case] Supreme Court rejects plea for 100% EVM-VVPAT verification and paper ballot voting
The Court gave directions for seal of symbol loading, after completion of the symbol loading process.
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‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC
The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.
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‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes
An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.
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SC allows Pernod Ricard’s appeal against higher penalty for loss of liquor in transit; Holds substituted Rule applicable for deciding quantum of penalty
“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”
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National Green Tribunal seeks response from States/ UTs on encroachment of forests
A news piece titled “Forest land five times Delhi’s geographical area under encroachment govt. data shows”, led NGT to take up the matter suo motu.
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Supreme Court suspends Congress MLA Mohammed Moquim’s sentence in ORHDC Loan Fraud Case
Vide order dated 16-04-2024, the Supreme Court had exempted Mohammed Moquim from surrendering till the next date of hearing.
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HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Right to sleep, Ayushman Bharat Scheme; Gaurav Bhatia; Dominos Trade Mark; Bigg Boss; and more
A quick legal roundup to cover important stories from all High Courts this week.
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SC sets aside 21-year-old conviction based solely on inadmissible statement made before NDPS official under Section 67 of NDPS Act
In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.
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S. 269-SS of Income Tax Act not applicable to receipt of sale consideration of immovable property in cash but only on loan or deposit: ITAT, Delhi
“Section 269-SS of the Income Tax Act, 1961 has a specific bar on receiving a sum more than 20,000/- from any other persons by way of loan or deposit.”
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S.144 CrPC amidst Lok Sabha Elections| Applications seeking permission for public gatherings, election awareness yatras to be decided within 3 Days: SC
Blanket orders under Section 144 of the CrPC was issued for the whole duration of the elections by the Election Commission, prohibiting all assemblies, meetings, demonstrations, etc.
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SC to consider framing guidelines and parameters for trial of deaf and mute persons
The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.
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Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard
The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.
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Supreme Court verdict on ‘confiscation’ under Gujarat Prohibition Act and application of S. 451 CrPC on seized property
“Approaching the High Court directly under Articles 226/227 of the Constitution seeking release of the seized vehicle without approaching the Magistrate under Section 451 of the CrPC is not proper course of action.”
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[Bumble Rape Case] Delhi Court sets aside order taking cognizance for want of relevant sections; Remands matter for fresh detailed order
The FIR found its basis in the allegations that on the pretext of marrying the complainant, the accused person committed rape with her and threatened to kill her.
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[Delhi Excise Liquor Policy] | Supreme Court issues notice to ED on Arvind Kejriwal’s plea challenging arrest
Earlier, the Delhi High Court had dismissed Arvind Kejriwal’s plea against his arrest and opined that the same was not in contravention with law.
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