Copyright Law, BluSmart, Disparaging Ads, Waqf Amendment, And More

“This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes. Supreme Court of India pays its respectful tribute to the innocent lives snuffed out brutally and prematurely while also expressing its heartfelt condolences to the bereaved families. May the departed souls rest in peace and may those who were injured recover soon.”
- A resolution adopted at the full court meeting of the Supreme Court in the wake of a terror attack in Kashmir’s Pahalgam that claimed at least 26 lives. 

Baba in the dock, again
Patanjali's brand ambassador Baba Ramdev has yet again faced the wrath of the court over objectionable statements made by him and this time it was the Delhi High Court. The court said the statements made by him “shocked the conscience” of the court and came down heavily on the self-styled yoga guru. The reason for court’s appalled reaction – Baba Ramdev making communal slurs against Hamdard’s popular drink Rooh-Afza referring to it as “sharbat-jihad”. 

The term used by Baba Ramdev would have been comical if it was not so incendiary in today’s climate. The videos carrying these objectionable statements by the yoga guru have been taken down following the court’s order. 

The swift compliance with the court order is not surprising given that this is not Baba Ramdev’s first run-in with the wrath of the judges. Last year, the Supreme Court had rapped him, and his close associate Acharya Balkrishna, for making and advertising unscientific claims regarding treating certain ailments and denigrating the western medicine practice. When the company did not comply with the court’s direction and failed to take the ads down, the court did initiate contempt of court proceedings against the two.

The episode was a long-drawn one given that the Patanjali founders issued an apology to the court that the judges were not satisfied with. The duo was asked to be present personally in the court to explain themselves. Ultimately, the court closed the contempt proceedings after they rectified their mistakes and tendered an unconditional apology. The court, however, did leave a sword hanging on their heads saying that it might open the proceedings if the court directions were violated in the future.

After two censures from the courts in a span of one year, Baba Ramdev must now be sure to not have another run-in with the courts over something problematic he says. 

The Week That Was

Key Ruling
Supreme Court has ruled that arbitral awards cannot be enforced if the claims made in it don’t form part of the resolution plan. Once a resolution plan is approved by the NCLT, all other claims stand extinguished.

Courts

• Mamaearth’s parent Honasa Consumer Ltd and HUL inform the Delhi High Court of settling dispute relating to disparaging ads. Court closed the case taking on record affidavits by the two parties about the settlement.
• In a copyright case involving AR Rahman and Ustad Faiyaz Wasifuddin Dagar, the Delhi High Court has said that music compositions based on classical music can enjoy copyright protection as long as they showcase sufficient originality and creativity.
• In its response filed before the Supreme Court, the centre has defended the Waqf Amendment Act saying that it is aimed at prevention of misuse of waqf provisions for encroaching government properties, and aimed ta inclusivity.
• The Delhi High Court has barred BluSmart mobility’s Gensol engineering Ltd from alienating or creating third-party interest on the vehicles leased to it by Japan’s Orix.
• Bombay High Courts grants interim protection from arrest to comedian Kunal Kamra while allowing for the investigation against him over his satirical show to continue.
• Delhi High Court agrees to hear a plea by OYO Hotels & Homes against media reporting on FIR filed against the company’s founder relating to and FIR registered in Rajasthan.
• The Delhi High Court refused to stop Allchem Lifescience Ltd from proceeding with its IPO and refers to mediation a trademark suit filed by Alkem Labs.
• Phonographic Performance Limited appeals against Delhi High Court order, top court agrees to hear the appeal.
• The Delhi High Court cancelled a catering contracted awarded by Indian Rail to RK Associated and Hoteliers on grounds of failing to divulge pending criminal cases against it.
• Delhi High Court has sought quick commerce apps Swiggy and Zepto’s response on a plea by MeitY alleging that the platforms are not accessible for persons with disabilities.
• A PIL filed in the Supreme Court asks for more security at sensitive hill areas in the wake of the Pahalgam terror attack.
• The Delhi High Court comes down heavily on Patanjali’s founder Baba Ramdev for making incendiary comments such as “sharbat jihad” against the popular pharma and food company Hamdard over its drink Rooh-Afza. Ramdev agreed to take down communal slurs against Hamdard after court’s rap.

Quasi Courts

• Competition Commission of India accepts a settlement proposal amounting to ₹20.02 crore to settle cases concerning allegations of abuse of dominance in Andorid TV domain.
• Shivinder Mohan Singh, former Religare promoter, moved NCLT for personal insolvency.

Others

• Vidhi Centre for Legal Policy unveiled ‘The State of the System’, India’s first comprehensive criminal law database
• The Delhi public works department removes arbitration clause from its future contracts making courts the exclusive mode of dispute resolution.
• A convict and his lawyer in a Delhi court threatened and hurled abuses at a woman judge that passed the conviction order

The Big Listings

• April 28: Karnataka High Court is set to hear X’s lawsuit against the Indian government over “unrestrained censorship” of content on its platform
• April 30: NCLT Bengaluru bench will hear the case about Aakash Educational Services Ltd’s shareholding amid Byju’s insolvency case
• May 5: Supreme Court to hear a batch of cases relating to the GST notices sent to online gaming apps
• May 5: Supreme Court to hear a batch of petitions challenging the newly passed Waqf Amendment Act

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• Justice Subhendu Samanta made permanent judge at the Calcutta High Court
• Collegium recommends transferring Justice K Manmadha Rao from Andhra Pradesh to Karnataka High Court
• Collegium recommends transferring two Telangana judges and four Karnataka High Court judges
• Giya Diwaan joins Trilegal as CFO
• Varun Kalsi joins CAM as Director in Singapore
• Binsy Susan of SAM joins Board of Directors of NPAC
• IndusLaw promotes four lawyers as partners in annual promotions
• Shivangi Sharma Talwar leaves SAM to join JSA as partner
• Natasha Tuli joins Chandhiok & Mahajan
• Lavin Hariani starts law firm Hariani & Associates
• Rakesh Kaushik joins BPTP Ltd as President Legal