Corporate Legal Update



Oracle strikes back at Google in Supreme Court copyright case
Oracle has filed its response in an upcoming Supreme Court copyright battle. The company accuses Google of stealing code from its Java language, claiming that Google “committed an egregious act of plagiarism” by building support for Java into Android without officially licensing the language. The two rivals will argue their case before the US Supreme Court on March 24.


Claw back creditor payments post cut-off date: MCA, IL&FS to NCLAT
In a reversal of stance, the Ministry of Corporate Affairs (MCA) and the new board at Infrastructure Leasing & Financial Services (IL&FS) has proposed that any payments, whether principal or interest, made to the creditors of IL&FS after the cut-off date of October 15, 2018, be clawed back from them. The proposal is likely to impact nearly 155 companies, including 22 ‘green’ category companies that were, on pleas moved by MCA and new IL&FS board, allowed to service their debt obligations by the NCLAT on February 11, 2019.




Worldwide Legal Buzz

False witness: why is the US still using hypnosis to convict criminals?
For decades, US law enforcement has used ‘forensic hypnosis’ to help solve crimes – yet despite growing evidence that it is junk science, this method is still being used to send people to death row. The Innocence Project, which works to exonerate wrongly convicted prisoners, has used DNA testing to uncover 367 wrongful convictions almost 70% of which involved a witness misidentifying the perpetrator.


UK Police to review impact on rape victims of police phone seizures
The impact on rape victims of police seizures of their mobile phones is to be examined as the UK’s Metropolitan Police begin piloting a data inspection system designed to limit invasion of privacy. The review comes amid precipitous falls in the number of rape prosecutions nationally and fears that intrusive methods are deterring complainants from reporting attacks or pursuing cases.



Law & Technology

Artificial Intelligence Is Transforming the Legal Industry
Artificial intelligence (AI) is adding efficiencies and transforming businesses everywhere, and legal practices are no exception. Lawyers need to understand how they can make sure they are leveraging the latest technology tools as AI can increase speed, increase efficiency and lower costs—if the law firm has the right tools, but more importantly knows how to use those tools. While AI legal technology won’t replace lawyers, these tools will drastically change the way lawyers provide services for their clients. Estimates suggest that 23% to 35% of a lawyer’s job could be automated in the near future.




NGT pulls up Defence Ministry for failure to comply with order
The National Green Tribunal (NGT) pulled up the Ministry of Defence and warned that coercive measures have become necessary against erring officials for not complying with the order relating to environmental norms. The NGT had observed that waste generated by military weapons, domestic, industrial, biological, hospital and electronic activities (e-waste) needs to be scientifically disposed of in the interest of public health and environment.


Southern Bench of Supreme Court not favoured, says Law Minister
Law Minister Ravi Shankar Prasad, in a letter to Rajya Sabha member and MDMK chief Vaiko, said that though the matter of setting up a Southern Bench of the Supreme Court of India is pending in the top court, the issue has so far not found favour. The letter, dated February 12, responded to a query raised by Mr. Vaiko in Parliament, in which he asked if a Bench of the Supreme Court of India can be set up in south India.





The Institute of Teaching and Research in Ayurveda Bill, 2020 was introduced in the Lok Sabha by Ayush Minister Shripad Naik on February 10 to declare the Institute of Teaching and Research in Ayurveda, Jamnagar as an Institution of National Importance.


It provides for subsuming the Maharshi Patanjali Institute for Yoga and Naturopathy Education and Research into the Department of Swasthvritta of the Institute of Teaching and Research in Ayurveda.






Constitutional Validity of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2018 upheld




SC – The Hon’ble SC has upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2018 and concerning the applicability of provisions of sec. 438 Cr.PC, it has observed that it shall not apply to the cases under SC and ST (Prevention of Atrocities) Act, 1989.

However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply. The court can, in exceptional cases, exercise power under section 482 Cr.PC for quashing the cases to prevent misuse of provisions on settled parameters.

Hon’ble Justices Arun Mishra,Vineet Saran and S.Ravindra Bhat[10-02-2020]



Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts) on the headline Link



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