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Trade Unionism

Unit Prasad Singh v. State of Jharkhand 2007 (1) JCR 194 Jhr

ISSUE:

What is the power and jurisdiction of the Registrar of Trade Unions to adjudicate the grievances of the rival parties?

RULE:

The Registrar of Trade Unions does not have the authority to determine the legality or propriety of an election or to order a fresh election. Disputes regarding the legitimacy of office bearers in a Trade Union should be resolved through civil suits in a court of competent jurisdiction, as the Trade Unions Act does not grant the Registrar jurisdiction for such matters.

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Trade Unionism

ACC Rajanka Lime Stone Quarries Mazdoor Union v. Registrar of Trade Unions AIR 1958 Pat 470

ISSUE:

Whether the Registrar of Trade Unions had a duty to register a trade union within a reasonable time frame?

RULE:

Where the Registrar takes no action on an application for more than 3 months, a writ under Art. 226 can be issued commanding the Registrar to deal with the application.

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Trade Unionism

G.S. Dhara Singh v. E.K. Thomas AIR 1988 SC 1829

ISSUE:

Whether a member of a trade union is entitled to ask for an account and to claim refund of the sums received by the trade union from the management for and on his behalf on his ceasing to be a member of the said trade union?

RULE:

There was no agreement between the trade union and its members that the amount received towards gratuity and accident benefit should form part of funds of the trade union. Any amount received for and on behalf of the members is liable to be refunded to the workmen concerned.

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Trade Unionism

Bokajan Cement Corpn. Employees’ Union v Cement Corpn. of India Ltd. (2004) 1 SCC 142

ISSUE:

Whether an employee loses his right to continue as a member of a trade union upon cessation of employment?

RULE:

The membership of a trade union is not a benefit that accrues to the employee so as to claim its continuance even after he ceases to be in employment; his right continues so long as he remains employed and on cessation of employment, membership of trade union ceases.

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Testimony

Rameshwar v. State of Rajasthan, AIR 1952 SC 54

ISSUE:

Whether when a statement made at or around the time of the crime occurred is admissible as evidence, does corroboration have to be provided when the child is under the age of 12 years?

RULE:

The main test as to whether a previous statement was made "at or about the time when the fact took place", within the meaning of sec. 157, Evidence Act, is whether the statement was made as early as can reasonably be expected in the circumstances of the case and before there was an opportunity for tutoring or concoction.

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Environmental Ethics

Animal Welfare Board Of India vs A. Nagaraja & Ors, (2014) 7 SCC 547

ISSUE:

Whether bullock-cart races and Jallikattu taking place in the states of Tamil Nadu and Maharashtra are violative of the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter PCA Act)?

Whether the Animal welfare board has the authority to exclude and include any animal in the list?

Did the practice of Jallikattu and Bollock-cart races violate the international principles on violation of rights of animals?

RULE:

Section 3 has two limbs, namely:
a. Duty cast on persons-in-charge or care to take all reasonable measures to ensure the well-being of the animal
b. Duty to take reasonable measures to prevent the infliction upon such animal of unnecessary pain and suffering.

To interpret the phrase “unnecessary suffering”, one must look at whether the suffering could have been reasonable avoided or reduced, whether the conduct causing suffering was in compliance with the Act and whether the conduct causing suffering was for a legitimate purpose.

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Introduction

Guru Nanak Foundation v. Rattan Singh & Sons, (1981) 4 SCC 634

ISSUE:

Whether the High Court has jurisdiction over the arbitration proceeding? Pursuant to the procedural history, which is the court having jurisdiction in which the Award should be filed by the arbitrator?

RULE:

Section 31(4) not only confers exclusive jurisdiction on the court to which an application is made in any reference but simultaneously ousts the jurisdiction of any other court which may as well have jurisdiction in this behalf.

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Copyright

Baker v. Selden 101 U.S. 99 (1879)

ISSUE:

Whether Baker had infringed copyrights held by Selden?

Whether Selden had an exclusive right to the use of the system explained in his book?

RULE:

Idea-Expression Dichotomy: A copyright can be obtained only over a particular expression of an idea, it does not protect the idea that underlies that expression and this is what limits copyrights and differentiates it from patents. An idea/art/method can be patented whereas the expression of an idea/art/method can be copyrighted.

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Copyright

Amar Nath Sehgal v. UOI 2005 (30) PTC 253 Del

ISSUE:

Whether the plaintiff is entitled to the special rights u/s 57 of the Copyright Act even after the copyrights are vested in the interest of the defendants?

Whether there are any damages in respect of any distortion, mutilation, modification or other act in relation to the said work, which is done before the expiration of the term of copyright?

RULE:

Moral rights - The right of the author to claim ownership of his work along with his right to restrain or
claim ownership of his work along with the right to restrain or claim damages. The same has been mentioned in section 57 of the copyright act.

Article 6bis of the Berne Convention urges the members of the Berne Union to provide legal recognition for the moral rights of attribution and integrity in a work in which copyright exists.

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Legislative Competence

Calcutta Gas Company v. State of West Bengal, AIR 1962 SC 1044

ISSUE:

Whether the state legislature is competent to enact the Oriental Gas Company Act, 1960?

RULE:

Entry 24 and 25 in the state list says that the State legislature has exclusive power to pass laws relating to "industries subject to the provisions of entries 7 and 52 of List and Gas and gas-works" respectively. Entry 24 needs to read along with Entry 7 and 52 of the list.

Entry 52 of the state lists includes "Taxes on the entry of goods into a local area for consumption, use or sale therein."

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