In a landmark Judgment [State of Bihar & Ors. Vs. Rajmangal Ram ] the Supreme Court yesterday re-iterated that the high Courts have no power to interdict a criminal proceeding midcourse on the basis of the legitimacy or otherwise of the order of sanction to prosecute. The Supreme Court was considering two appeals by the State of Bihar against separate orders passed by the High Court of Patna, the effect of which is that the criminal proceedings instituted against the respondents under different provisions of the Indian Penal Code as well as the Prevention of Corruption Act, 1988 have been interdicted on the ground that sanction for prosecution of the respondents in both the cases has been granted by the Law Department of the State and not by the parent department to which the respondents belong. The Supreme Court order was based on the bar contained under S.19(3)(b) of the Prevention of Corruption Act, 1988 . It is to be noted that Section 19(3)(c) of the Prevention of … [Read more...] about How to bye-pass a Statutory Prohibition and a Supreme Court Veto; An illustrative Case
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SC Has Given A Dynamic Shape To The Concept Of Social Justice: Vice President Hamid Ansari
Vice-President Hamid Ansari has said the Supreme Court has given a dynamic shape to the concept of social justice and expanded the envelope of social justice by adjudicating on diverse social matters concerning education, livelihood, gender and environment.He also said the judiciary is the guardian of the Constitution and its role as the protector of civil rights has reposed the faith of the people in it.Ansari was inaugurating the 9th national conference of the Indian Association of Lawyers.He said in Calcutta Electrical Construction Company Ltd, v. SC Bose, the Supreme Court held that the right to social and economic justice is ‘a fundamental right’.Citing various judgments, he said the Supreme Court has expanded the envelope of Social Justice by adjudicating on diverse social matters concerning education, livelihood, gender and environment. “One of the more illustrative sectors where the judiciary has given practical shape to social justice is in the … [Read more...] about SC Has Given A Dynamic Shape To The Concept Of Social Justice: Vice President Hamid Ansari
Federal Circuit Affirms 101 Ineligibility of a Patent Claiming Detection of Unauthorized Access to Medical Information
A Federal Circuit Panel of Judges Lourie, Plager, and Stoll, has again affirmed a District Court decision to dispose of a patent dispute on the pleadings using Alice. In FairWarning IP, LLC, vs. Iatric Systems, INC., No. 15-1985, 2016 (Fed. Cir. Oct. 11, 2016), the Federal Circuit agreed that FairWarning’s claims on fraud and misuse detection of patient medical records are “‘directed to or drawn to the concept of analyzing records of human activity to detect suspicious behavior.’ FairWarning, 2015 WL 3883958, at *2.”[1]The court here contrasted FairWarning’s claims with both the recent McRO, Inc. v. Bandai Namco Games America Inc., No. 15-1080, 2016 WL 4896481 (Fed. Cir. Sep. 13, 2016) and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1337 (Fed. Cir. 2016) decisions. The more interesting distinctions made by the court involved the following characterizations of the claims in McRO versus FairWarning’s claims:The claimed rules in McRO … [Read more...] about Federal Circuit Affirms 101 Ineligibility of a Patent Claiming Detection of Unauthorized Access to Medical Information
The Thorny Problem of Patentable Eligible Subject Matter: Part 8 of a 10-Part Series: Australia
Patentable Subject Matter in AustraliaIn Australia, the basic requirements for patentability are found in section 18(1) of the Patents Act (1990) (Act) which provides: … an invention is a patentable invention for the purposes of a standard patent if the invention, so far as claimed in any claim: (a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and (b) when compared with the prior art base as it existed before the priority date of that claim: (i) is novel; and (ii) involves an inventive step; and (c) is useful; and (d) was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee’s or nominated person’s predecessor in title to the invention.The term “invention” is defined in schedule 1 of the Act to mean: … any manner of new manufacture the subject of letters patent and grant of … [Read more...] about The Thorny Problem of Patentable Eligible Subject Matter: Part 8 of a 10-Part Series: Australia
The Year in Risk – Recap of Natural and Man-Made Disasters of 2010
When we look back on 2010, the Gulf of Mexico oil spill, the Haitian earthquake and Chilean mine disaster will likely top the list of memorable moments. But there was, of course, a lot more that happened over the past 12 months. Creating a comprehensive list would be impossible, but the following represent the stories of 2010 that defined the Year in Risk. A 7.0 magnitude earthquake struck near the Haitian capital of Port-au-Prince, killing up to 230,000, according to Haitian officials (the true total will never be known), and leaving another two million homeless. Nearly 11 months later, the poorest country in the Western Hemisphere remains ill-equipped to manage the nation's ongoing health, food, housing and infrastructure crises -- something tragically illustrated by a fall cholera outbreak that killed hundreds.The dangers of texting while driving have received increasing attention for years, but it was Oprah Winfrey's launch of her "No Phone Zone" campaign that gave the … [Read more...] about The Year in Risk – Recap of Natural and Man-Made Disasters of 2010