SUPREME COURT
Supreme Court Dismisses Plea Of "PostPe" Against Liberty Given To "PhonePe" To File Fresh Trademark Infringement Suit ( APR 12, 2022 )
In a trademark issue between "PhonePe" and "PostPe", the Supreme Court on Monday upheld Bombay High Court's order of allowing PhonePe to file a fresh suit claiming trademark infringement against Resilient Innovations, the owners of PostPe. The bench of Justices DY Chandrachud and Surya Kant while upholding High Court's order in their order said,
The dispute started with PhonePe approaching the court in October last year claiming that Resilient, through its mobile application PostPe, was engaged in an identical field of digital payment services to customers and that amounted to infringement and passing off of PhonePe's trademark.
Case Title: Resilient Innovations Private Limited V Phonepe Private Limited| SLP(Civil) 24136/2021
Medical colleges cannot start new course without permission from Central government: Supreme Court ( APR 12, 2022 )
The Supreme Court on Monday held that under the Indian Medicine Central Council Act, no medical college can open a new course, or postgraduate course, or course of study or training without the prior approval of the Central Government.
A Bench of Justices L Nageswara Rao and BR Gavai also held that before the permission of the Central government is sought by the medical college, the procedure under Section 13A of the Act regarding the permission for establishment of new college, new course of study etc has to be complied with.
As for the 2018-19 academic year, the respondent approached the Karnataka High Court. The writ petition was allowed relying on the previous cases of the Karnataka High Court Division Bench stating that, "if the permission was granted for the subsequent years, the benefit should enure in respect of the previous year also". The appellant approached the Division Bench in appeal, which was dismissed. Then, the appellant approached the Supreme Court.
Case Title : Central Council for Indian Medicine v. Karnataka Ayurveda Medical College And Ors.
For Copy of Judgement, Click Here
MINISTRY OF FINANCE (Department of Economic Affairs)
Coinage (Issue of Commemorative Coin to commemorate the occasion of 400th Birth Anniversary of Sri Guru Tegh Bahadur Ji) Rules, 2021 ( APR 12, 2022 )
In exercise of the powers conferred by clauses (d) and (e) of sub-section (2) of section 24 of the Coinage Act, 2011 (11 of 2011), the Central Government hereby makes the following rules, namely:
- These rules may be called the Coinage (Issue of Commemorative Coin on the occasion of 400th Birth Anniversary of Sri Guru Tegh Bahadur Ji) Rules, 2022.
- They shall come into force on the date of their publication in the Official Gazette.
- Denomination of Coin. - The coin of Four Hundred Rupees denomination shall only be coined at the Mint for issue under the authority of the Central Government to commemorate on the occasion of “400th Birth Anniversary of Sri Guru Tegh Bahadur Ji”.
For Gazette Notification, Click Here
BOMBAY HIGH COURT
Don't take coercive action against Trustees Association of India: Bombay High Court to CCI (APR 12, 2022)
The Bombay High Court on Monday directed the Competition Commission of India (CCI) not to take coercive action against the Trustees Association of India along with three trustee firms - IDBI, Axis and SBICap - in furtherance of an order initiating investigation against them.
Last week, a Bench of Justices Gautam Patel and Madhav Jamdar had asked the Securities and Exchange Board of India (SEBI) to commit to a date by which it will complete its enquiry and form a prima facie view on the matter before it. On Monday, the Bench was informed by advocate Vishal Kanade, appearing for SEBI, that they could form their prima facie opinion within 60 days and sought directions from the Bench to that effect.
CASE TITLE : Trustees Association of India v. Competition Commission of India & Ors.
WORLD AFFAIRS
US has not yet made determination on potential sanctions or waivers to India under CATSAA law: Antony Blinken ( APR 12, 2022 )
The US has not yet made any decision on potential sanctions or waivers to India under CATSAA law for its purchase of the S-400 missile defence system from Russia, Secretary of State Antony Blinken has said. The US administration is required under its domestic law, Countering America's Adversaries through Sanctions Act (CAATSA) to impose sanctions on any country that has significant transactions with Iran, North Korea or Russia.
In October 2018, India signed a USD 5 billion deal with Russia to buy five units of the S-400 air defence missile systems, despite a warning from the then Trump administration that going ahead with the contract may invite US sanctions.
The US has already imposed sanctions on Turkey under the CAATSA for the purchase of a batch of S-400 missile defence systems from Russia. Following the US sanctions on Turkey over the procurement of S-400 missile systems, there were apprehensions that Washington may impose similar punitive measures on India.
Indonesia passes sexual violence law amid growing cases ( APR 12, 2022 )
Indonesia's Parliament approved a far-reaching law on Tuesday that sets punishments for sexual violence after being spurred into action by a recent case in which an Islamic boarding school principal raped and impregnated several students.
The law recognizes men and children can be victims of sexual violence. Indonesia’s Criminal Code, a legacy of the Dutch colonial era. recognizes only rape and lewd crimes committed by men against women and doesn’t have provisions for restitution or other remedies for victims and survivors.
Nine forms of sexual violence are recognized in the law: physical and nonphysical sexual harassment, sexual torture, forced contraception, forced sterilization, forced marriage, sexual slavery, sexual exploitation and cyber sexual harassment. In addition to acknowledging sexual violence as punishable criminal acts, the law has provisions for protection and recovery for the victims.
WORD OF THE DAY
Countering America's Adversaries Through Sanctions Act (CAATSA) is a tough US law that authorises the administration to impose sanctions on countries that purchase major defence hardware from Russia in response to Russia's annexation of Crimea in 2014 and its alleged meddling in the 2016 US presidential elections.
MARKET TODAY (as on 12.04.2022 )
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DOLLAR VS RUPEE
1 US Dollar = 76.16 Indian Rupee (April 12, 5:39 PM )
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