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Topics - Advaradhyakirmani

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after granting exparte injunction Whether appeal is maintainable if court fails to decide injunction application?

It is the acknowledged position of law that no party can be forced to suffer for the inaction of the court or its omissions to act according to the procedure established by law. Under the normal circumstances the aggrieved party can prefer an appeal only against an order passed under Rules 1,2,2A, 4 or 10 of Order 39 of the Code in terms of Order 43 Rule 1 of the Code. He cannot approach the appellate or revisional court during the pendency of the application for grant or vacation of temporary injunction.

In such circumstances the party who does not get justice due to the inaction of the court in following the mandate of law must have a remedy. So we are of the view that in a case where the mandate of Order 39 Rule 3A of the Code is flouted, the aggrieved party, shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force. In such appeal, if preferred, the appellate court shall be obliged to entertain the appeal and further to take note of the omission of the subordinate court in complying with the provisions of Rule 3A. In appropriate cases the appellate court, apart from granting or vacating or modifying the order of such injunction, may suggest suitable action against the erring judicial officer, including recommendation to take steps for making adverse entry in his ACRs. Failure to decide the application or vacate the ex-parte temporary injunction shall, for the purposes of the appeal, be deemed to be the final order passed on the application for temporary injunction, on the date of expiry of thirty days mentioned in the Rule.

Supreme Court of India
A. Venkatasubbiah Naidu vs S. Chellappan And Ors on 19 September, 2000
Bench: K.T. Thomas, R.P. Sethi

Cyber laws / Court orders on video sharing websites
« on: January 26, 2017, 11:28:17 PM »
Blocking of video-sharing websites through court orders seems to be the latest route the entertainment industry is taking to curtail piracy of films and music over the Internet.

Ahead of its upcoming film releases, Reliance Entertainment Pvt. Ltd has got a court order to block some torrent and video sharing websites including the popular The Pirate Bay and Vimeo.

While The Pirate Bay is a torrent website, Vimeo is largely used by independent filmmakers to share their work.

Sanjay Tandon, vice-president, music and anti-piracy, Reliance Entertainment, said the company has got a so-called John Doe order from the Delhi high court which directs all Internet service providers (ISPs) to block video-sharing websites, this time not just for a single release but for most big-budget films this year. A John Doe order is directed against someone whose identity isn’t known at the time it is issued.

The company has in the past got a similar court order for its films Singham, Bodyguard and Don2. “The order is a pre-emptive measure taken by us to prevent film piracy. All we require of a website/ISP is to ensure that our film is not available on its website or through its network.” He added that controlling piracy helps boost the company’s business at the box-office by 20%-30%.

“We’ve heard that certain ISPs in India are blocking Vimeo, and we’re looking into it,” a Vimeo spokesperson said. The Pirate Bay could not be reached for comment.

However, compliance with the order doesn’t seem to be universal, with the blocked sites still accessible though some ISP networks.

Of the ISPs which have blocked them, including the company’s affiliate Reliance Communications Ltd, anyone trying to access the websites meets with a message that says: “This site has been blocked as per instructions from the department of telecommunications (DoT).”

The move has caused considerable outrage on micro-blogging sites such as Twitter, with most users construing it as part of an effort to censor the Internet in the country.

“We need to be careful about the nature of orders that are issued; they cannot be generic John Doe orders, with content being blocked en masse, because then the rights of users to access and share legitimate content gets impinged upon,” said Nikhil Pahwa, editor and publisher of the digital industry news and analysis blog MediaNama.

Although the desire of content owners to protect their copyright is understandable, “ISPs overreact and overcompensate, and in order to ensure that they don’t violate either Department of Telecom orders or court orders, they end up infringing upon consumer rights by blocking access en masse,” Pahwa said. Last year, over a dozen file sharing websites including and were banned after Reliance Entertainment got a court order. Recently, R K Productions Pvt. Ltd, the producer of “3” (of the Kolaveri Di song fame) got an interim injunction from the Madras high court directing ISPs against infringing its copyright. Similarly, the Indian Music Industry (IMI), which is a consortium of 142 music companies, got a Calcutta high court order directing all ISPs to block 104 music sites.

“We need specificity in the rulings from courts, and not John Doe orders. We also need detailed clarifications to consumers from ISPs as to what content is being blocked, who has issued the order, and information on how to get the blocks removed,” said Pahwa. Reliance Entertainment’s Tandon, however, said the order does not mandate blocking of the entire website; it only requires them to “restrict access to our content”.

He added that the company had been requesting ISPs for the past three-to-four years to restrict such content. “This is a legal mechanism... ISPs ask us to produce court orders (and) only then they would block the availability of our films.”

Cyber law expert and Supreme Court lawyer Pavan Duggal said that there has been a rise in the issuance of the John Doe order to fight intellectual property (IP) infringement in the country over the last year.

“Violation of IP is increasingly becoming a ground for blocking websites. However, blocking is an antiquated exercise, failed from the word go as primarily it is impossible to block all content on the Internet,” Duggal added.

Uday Singh, managing director of the Motion Pictures Association, said increasingly the opening weekend of a film has become a very important part of the film business as movies are being shown on the Internet or television soon after their theatrical release.

“India is one of the top 10 markets for piracy and it is very important for us to get some kind of relief that the movies are protected adequately.”

Punishment prescribed in Juvenile Justice for cruelty of a child

Punishment prescribed in Juvenile Justice Act 2006 for cruelty of a childis as follows:

Section 23   Punishment for cruelty of a Juvenile: extends up to six month or fine or both.

Section 24   Employment of Juvenile or child for begging : extends up to 3 years
(2) abets the crime will be punished up to one year and liable for fine.

Section 25   Penalty for giving intoxicating liquor or narcotics drugs to a juvenile or a child shall be punishable upto three years and shall also be liable for fine.

Section 26   Exploitation of Juvenile or child Employee shall be punished up to three years and also liable to fine.

Section 27 All offences under the Juvenile Justice Act are cognizable

Section 28   If greater punishment is available for the offence that law will be applicable which provides for a higher degree of punishment.

Under Section 10 Voluntary organizations registered under Society Registration Act / Companies Act or any other Law with the objective of protecting the rights of women and providing legal aid, medical financial and other assistance can get themselves registered as service providers under the Act.

Such NGOs have the powers of recording the domestic incident report, get the aggrieved person medically examined and ensure that the aggrieved person is provided shelter. The section provides immunity to service providers from law suits.

This Act also provides for social workers and voluntary organization to undertake Counselling (Sec 14) and as welfare expert (Section 15).

Social Justice Law / what cases can be settled in lok adalat?
« on: January 19, 2017, 08:38:25 AM »
Cases that can be settled in lok adalat can be classified under five headings they are as follows:

(i) All cases relating to trade, commerce and contracts.

(ii) All cases arising from strained relationship,such as matrimonial cases.

(iii) All cases where there is a need for continuation of the pre-existing relationship, such
as disputes between neighbour and members of societies.

(iv) All cases relating to tortuous liability, including motor accident claims and

(v) All consumer disputes.

Lawyers in India / Vakalatnama as stated in Oder III Rule 4
« on: May 15, 2014, 06:04:13 PM »
No pleader Shall act for any person in any Court unless he has been appointed for the purpose by such person by a document in writing signed by such  person or by his recognized agent or by some other person duly authorized by or under a power of attorney to make such appointment.

landmark Judgments on Vakalatnama - Cpc Order 111 Rule 4
1. Ramappayya vs Subbamma And Ors
2. Uday Shankar Triyar vs Ram Kalewar Prasad Singh and Anr

Human Rights / are Illegal worker allowed sexual harassment claim in India
« on: February 27, 2014, 09:16:15 AM »
are Illegal worker allowed sexual harassment claim in India, whats the latest development on this

Criminal laws / Kolkata girl's rape and Death is shocking
« on: January 02, 2014, 10:17:48 PM »
The poor girl who was Raped even after seeking police complaint was furthered harassed which ultimately led to her death clearly shows that Kolkata police should be properly brought to book.

why is Mamta Banerjee saying anything now... she is always full of opinion

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