Author: kkslawoffices

The Supreme Court (SC), while upholding the validity of amendments made by Tamil Nadu Government to the Prevention of Cruelty to Animals Act, 1960 that allows Jallikattu, bull taming sport, observed that, “While the protection under Article 21 has been conferred on person as opposed to a citizen, which is the case in Article 19 of the Constitution, we do not think it will be prudent for us to venture into a judicial adventurism to bring bulls within the said protected mechanism.”

The Supreme Court (SC), in an appeal challenging common interim order of the executing Court, held that Special Leave jurisdiction can only be invoked by the parties to bypass the legal remedies available at the High Courts in only two specific situations – “where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.”

The Punjab & Haryana High Court (P&H HC) rejected an anticipatory bail application filed by an Accused charged with falsely claiming proximity with judges and taking money on that pretext to influence a case. The P&H HC noted that, there can be many cases wherein custodial interrogation may not be required; however, the prima facie case against the Accused cannot be ignored on that ground alone to grant him anticipatory bail.

The Supreme Court (SC) dismissed a SLP filed by Sadar Laboratories challenging the order of the Division Bench of Delhi High Court, which they were restrained from manufacturing and selling products under the trademark ‘Dil Afza’. The trademark was found to be deceptive in light of the well-known Sharbat – ‘Rooh Afza’ manufactured by Hamdard Dawakhana. The SC, stating that Rooh Afza is century-old and has acquired a distinct character, opined that ‘Rooh Afza’ has a well established reputation across India.

The Meghalaya High Court (MeHC) in a Public Interest Litigation (PIL) against the rampant power cuts and arbitrary load-shedding in Meghalaya, took note of the submissions made by the State that the supply-shortage is because of the shutdown of power plant in Tripura due to technical reasons. The MeHC opined that the State can also buy power from the open grid to off-set the reduction in supply. Ironically, while the order was being dictated, the power supply to the Court was interrupted. The MeHC noted that it is the responsibility of the Meghalaya State to ensure adequate availability of electricity in the State.

The Italian Autorità Garante della Concorrenza e del Mercato (ACGM) has initiated investigation against Apple over its alleged abuse of dominant position in the market for online app distribution platforms for iOS users. It has been alleged that Apple discriminates against third-party app developers by enforcing consent prompt for tracking web browsing data & tools used to measure the effectiveness of advertising campaigns; furthermore, Apple uses deterrent language about tracking. This privacy policy is not similar as the one adopted by Apple for its own proprietary apps. The ACGM noted that this user profiling is essential for attractiveness of advertising space sold by the app developers. Thus, resulting in reduction in incentives for app developers to develop innovative apps.

The European Commission (EC) has approved the Microsoft-Activision deal, conditionally, on full compliance with the commitments offered by Microsoft. The EC in its report found that the acquisition could harm competition– in the distribution of console & PC video games, including multi-game subscription services & cloud game streaming services. However, Microsoft proposed remedies, in the form of– free-licensing to consumers & cloud gaming service providers for a 10 year period, to stream all Activision-Blizzard titles on any cloud game streaming services, which are accepted by the EC.

The Supreme Court (SC) upholding federalism held that the Union Government cannot take over the governance of States. The SC noted that while National Capital Territory (Delhi) is not a full-fledged State, it is not under the common class of Union Territories either, Article 239AA of the Constitution has accorded ‘sui generis’ status to it. The SC, providing an expansive interpretation to Article 239AA(3)(a), said that ‘services’ as per Entry 41-State List accords the legislature of Delhi power to govern and make laws over administrative services barring those related to public order, police and land.

The Supreme Court (SC) held the decision of Maharashtra Governor, to call the then united Shiv Sena for proving majority by floor test, unjustified on the premise that the Governor did not have reasons, based on objective material, to reach to the conclusion that Shiv Sena has lost confidence of the House. The Governor had relied on a resolution passed by thirty-four Members of Legislative Assembly, of the Shiv Sena Party, stating their dissatisfaction with the functioning of the Government. However, the resolution was silent on their intention to withdraw their support or decision to exit from the Government and thus, insufficient for the Governor to call for floor test.

The Bombay High Court directs the Nashik Municipal Corporation to substitute the name of a sister with the name of her brother, with his consent, on a waitlist for a government job on compassionate grounds. A government resolution makes an exception for compassionate appointment only in the event of death; however, the Court held that was not a valid reason to refuse substitution of name of a candidate on the waitlist for a job when the brother has already secured another job.