Legal Pandect : 18-06-2017

  • Cipla to withdraw appeal against Roche regarding cancer drug – says Supreme Court

The apex court was informed that the two companies on May 30 had arrived at a settlement before the Delhi High Court to close the patent dispute between them over the drug erlotinib hydrochloride, manufactured and sold by Roche under the name of Tarceva and Cipla’s Erlocip

Cipla had filed a petition challenging the High Court’s November 27, 2015 order holding that it had infringed Roche’s patent in a lung cancer drug

A division bench of the high court had held that Cipla’s lung cancer medicine, Erlocip, was one polymorphic form of the erlotinib hydrochloride compound, which may exist in several forms, and Roche’s patent claim was not limited to any one such version.

The verdict of the division bench had come on the pleas of Cipla and Roche, both of which had challenged the single judge’s order of September 7, 2012.

The single judge, in his order, had held that Cipla was not infringing Roche’s patent and had refused to grant any injunction against the Indian company.

  • Centre asked by the Green Panel to file written submissions on the Ganga Encroachment matter.

The National Green Tribunal (NGT) has directed the Centre and other stakeholders to clarify their stand on demarcation and encroachments on the floodplains of the Ganga from Haridwar to Unnao.

The green panel asked the ministries of environment and water resources, the National Mission for Clean Ganga, the Central Pollution Control Board (CPCB), the Uttar Pradesh government and others to file written submissions on the matter.

The green panel has divided the work of cleaning the river in different segments Gomukh to Haridwar (Phase-I), Haridwar to Unnao (termed as segment B of Phase-I), Unnao to border of Uttar Pradesh, border of Uttar Pradesh to border of Jharkhand and border of Jharkhand to Bay of Bengal.

  • CHILD LABOUR FREE INDIA: Ratification by India on 2 key ILO Conventions on Child Labour.

Kailash Satyarthi

The government was eulogized by Nobel Peace laureate Kailash Satyarthi for ratifying two fundamental global conventions on combating child labour, saying the move would help the country end forced labour, modern slavery and human trafficking.

The Minister of State for Labour and Employment (Independent Charge), Shri Bandaru Dattatreya briefed the press about the initiatives taken for Child Labour free India along with ratification of ILO Conventions on Child Labour in a press conference held in New Delhi, today.

With ratification of these two core ILO conventions, India has ratified 6 out of 8 core ILO conventions, with the other 4 core ILO conventions relating to abolition of forced labour, equal remuneration and no discrimination between men and women in employment and occupation, thus reaffirming its commitment for promoting and realizing fundamental principles and right at work.

India is the 170th ILO member state to ratify Convention No 138 and 181st member to ratify convention No. 182.

  • Worried over growing cases of rash driving-SC asks for tougher punishment

Thousands of people are losing lives in road accidents every month in India and majority of those are caused by reckless and drunken driving. In fact, cases involving rash driving are increasing all over India at such an alarming rate that the Supreme Court is urging the lawmakers to consider enacting more stringent punishment for those found guilty of causing death through negligent and/or rash driving..

A bench led by Justice Dipak Misra observed that a maximum punishment of two years of imprisonment and monetary fine under Section 304A of the IPC may not always serve the purpose of a deterrent law.

Many people in India have the notion that they can avoid harsh punishment by paying a compensation.

“Such developing of notions is a dangerous phenomenon in an orderly society. Young age cannot be a plea to be accepted in all circumstances. Life to the poor or the impecunious is as worth living for as it is to the rich and the luxuriously temperamental,” the court added

  • Delhi HC rejects plea of suspected ISIS operative


Delhi High Court (File Photo)

The Delhi High Court has rejected a suspected ISIS operative’s plea seeking nod to inspect the documents, submitted by the NIA to a trial court in a case relating to the alleged charges of recruiting and financing people to join the terror group.

A bench of justices G S Sistani and Vinod Goel said that the case was related to the “larger conspiracy” by the Islamic State of Iraq and Syria (ISIS) and further investigation in the matter was going on.

Delhi-based Islamic scholar Mufti Abdus Sami Qasmi had approached the high court challenging a special court’s December order by which he was denied the copy of documents submitted by the NIA in sealed covers.

The NIA claimed that he was “delivering provocative and inflammatory speeches and was instigating youths for anti- national activities”.

The charge sheet was filed for the alleged offences under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).

The agency had filed an FIR in the matter on December 9, 2015 against unknown and unidentified persons involved in the activities of ISIS in India and Asian powers in peace with India on inputs received from the Ministry of Home Affairs.


Pandect by Vaishnavi Sen (Editor)

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