Supreme Court upholds Pranab Mukherjee's election as President

December 5, 2012
pranab_pNew Delhi, December 5: The Supreme Court today upheld the election of Pranab Mukherjee as President and dismissed former Nationalist Congress Party (NCP) leader PA Sangma's petition against him.

The verdict was delivered by a five-judge constitution bench and went 3:2 in favour of Mr Mukherjee.

Chief Justice of India Altamas Kabir, Justice P Sathasivam and Justice SA Nijjar said there was no need for regular hearings in the case and dismissed the petition. But two judges, Justice J Chelameswar and Justice Ranjan Gogoi, differed.

Justice Gogoi said facts in the case needed to be proved and would require a regular hearing.  

Satyapal Jain, counsel for Mr Sangma, said the case had aspects that needed to be heard and even the two dissenting judges had called for regular hearings. A decision on filing a review petition would be taken after going through the complete verdict.

Mr Sangma, who lost the July 22 presidential election, had in his petition argued that Mr Mukherjee held offices of profit on the date of filing of nomination for the election.

The petition said Mr Mukherjee was chairman of the Indian Statistical Institute in Kolkata as well as leader of the House in the Lok Sabha when he entered the presidential race.

Mr Mukherjee had denied the allegations. His lawyer informed the court that he gave up both the posts while resigning as finance minister and filing his nomination for the election.

Mr Sangma quit the NCP to contest against Mr Mukherjee.


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Agencies
June 19,2020

Srinagar, Jun 19: Suspended Jammu and Kashmir DSP Davinder Singh, arrested while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway earlier this year, was granted bail by a Delhi court on Friday, his lawyer said.

Singh and another accused in the case - Irfan Shafi Mir - were granted the relief by the court in a case filed by special cell of Delhi Police, noting that the probe agency failed to file charge sheet within 90 days from his arrest, as prescribed under law, their lawyer M S Khan said.

The bail was granted on a personal bond of Rs 1 lakh and two sureties of like amount.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
June 4,2020

New Delhi, Jun 4: India on Thursday witnessed a record single-day spike of 9,304 coronavirus cases taking the country's tally to 2,16,919, according to the Union Ministry of Health and Family Welfare.

The ministry informed that 260 more deaths due to coronavirus were reported in the last 24 hours.

The total number of cases in the country now stands at 2,16,919 including 1,06,737 active cases, 1,04,107 cured/discharged/migrated and 6,075 deaths.

Maharashtra has so far reported 74,860 cases, more than any other state in the country.

In Tamil Nadu, 25,872 cases have been detected so far while Delhi has reported 23,645 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 1,39,485 samples were tested in the last 24 hours whereas 42,42,718 samples have been tested till date.

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