Monthly Archives: September 2012

Power of High Courts u/S 482 CrPC is distinct and different from the power given to a criminal court u/S 320 CrPC: SC

A large Bench of Supreme Court of India clarified that the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction (Section 482 of Criminal Procedure Code [“Code”]) is distinct … Continue reading

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Publication of judicial proceedings can be curtailed for ‘real & substantial risk’: SC

The Supreme Court of India ruled that publication of judicial proceedings can be postponed only for ‘short duraton’ and in cases of ‘real and substantial risk’ of prejudice to the proper administration of justice or to the fairness of trial … Continue reading

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German Court dismisses Apple’s patent infringement claims against Samsung & Google Motorola Mobility

A German court has dismissed Apple Inc.’s claim that Samsung Electronics and Google Inc.’s Motorola Mobility infringed patents used in touch-screen devices. The Mannheim state court’s ruling Friday follows similar decisions in Britain and the Netherlands.The ruling can be appealed … Continue reading

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India approves FDI in multi-brand retail trading with conditions

Indian Government has approved Foreign Direct Investment (FDI) in multi-brand retail trading, subject to specified conditions. The following proposals have been approved: (i) Retail sales outlets may be set up in those States which have agreed or agree in future … Continue reading

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India liberalizes investment in Broading sector

Indian Government has liberalised the policy on foreign investment, for companies operating in the broadcasting sector, as below: (i)  Teleports (setting up up-linking HUBs/Teleports): Direct to Home (DTH); Cable Networks (Multi-System-Operators operating at National or State or District level and … Continue reading

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India amends policy on FDI in Single-Brand Product Retail Trading

Indian Government has amended the existing policy on Foreign Direct Investment in Single-Brand Product Retail Trading. Vide Press Note 1(2012 Series) dated 10.1. 2012, Government had permitted FDI, up to 100%, in single brand product retail trading, subject to specified … Continue reading

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Transparency regarding charges on “Blackout” days: TRAI

Telecom Regulatory Authority of India (TRAI) issued a direction prescribing additional measures with a view to enhance transparency in the matter of charging on “blackout” days. The term ‘blackout” days refers to the days on which the service providers do … Continue reading

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Arbitration Act not applicable if arbitration seat is outside India: SC

In a landmark judgment by a 5-judge Bench, the Supreme Court of India ruled that if the arbitration agreement is found or held to provide for a seat/place of arbitration outside India, then the provision that the Arbitration Act, 1996 … Continue reading

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Extent and quantum of reservation to Persons With Disabilities shall be same: DHC

In an important ruling, Delhi High Court held that the extent and quantum of reservation provided to Persons With Disabilities (“PWD”) belonging to general or other backward category shall be same as provided to PWD belong to SC/ST category. “……..the … Continue reading

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No reasonable expectation of privacy in data emanating from cell phone; Fourth Amendment not violated: Sixth Circuit (USA)

United States Court of Appeals (Sixth Circuit) recently ruled that appellant did not have a reasonable expectation of privacy in the data emanating from his cell phone when government used the data to determine its real-time location and arrested him … Continue reading

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