1. Dileep 10 joined ABC Engineering Works in 2000 as a temporary worker.

In 2010 he
was made permanent and now earns Rs 16000 monthly as a senior technician. He had
an argument with his manager about the difference in his pay and Chandra's who has
been recently employed in the same role and is the same caste as the manager. The
manager wrote a complaint to HR, accusing Dileep of disorderly behavior and
abusive language. The company has ternminated Dileep's employment Is this action
legally tenable? Analyse the legal remedies available to Dileep, enumerating the
relevant provisions of law and applicable Case Law.Would the remedies be different
if Dileep was a 'Fixed Term Contrãct Employee' and the new labour codes been
applicable?

The action taken by the company to terminate Dileep's employment based on the
manager's complaint may not be legally tenable if it is found to be discriminatory in
nature. The fact that the manager cited Dileep's behavior as a reason for the
termination, while ignoring the underlying issue of pay discrimination, suggests that
the termination was unjustified.

In India, discrimination on the basis of caste is prohibited under Article 15 of the

Constitution. Additionally, the Equal Remuneration Act, 1976, mandates equal pay
for equal work for men and women, and prohibits discrimination on the basis of
gender in matters of employment and remuneration. The Industrial Disputes Act,
1947, also provides protection to workers against arbitrary termination of
employment.

Dileep may approach the Labor Court or the Industrial Tribunal to challenge the
termination of his employment. He can argue that the termination was discriminatory
and in violation of the Equal Remuneration Act and Article 15 of the Constitution. He
can also argue that the manager's complaint was made in bad faith and was intended
to cover up the issue of pay discrimination.

In the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll), the
Supreme Court held that workers who have been engaged in the same work as regular
employees for a substantial period of time are entitled to the same wages and benefits
as regular employees. The Court also held that the mere fact of engagement on a
temporary or casual basis does not justify discriminatory treatment.

If Dileep was a fixed-term contract employee and the new labor codes were
applicable, his legal remedies would be different. Under the Industrial Relations
Code, 2020, fixed-term contract employees are entitled to the same wages and
benefits as permanent employees, subject to certain conditions. The Code also
provides for a grievance redressal mechanism for workers, including a provision for
conciliation proceedings before a labor officer.
In conclusion, Dileep may challenge the termination of his employment on the
grounds of discrimination and violation of labor laws. He may approach the Labor
Court or Industrial Tribunal to seek redressal and compensation. The new labor codes
may provide additional remedies and protections for fixed-term contract employees in
such cases.

2. Avanti has been unable to access her Gmail account for a few days. She changes her
password and realizes that her account has been hacked and a lot of personal
information has been compromised. She has a doubt that her estranged husband is
involved due to the ongoing matrimonial dispute. Apprise her with the detailed
opinion on the options available, consequences and liabilities the husband can be
subjected to under the relevant Indian Laws.

If Avanti suspects that her estranged husband has hacked into her Gmail account and
accessed her personal information without her consent, she can take several legal
steps to protect her rights and hold her husband accountable for his actions. Here are
some options available to Avanti under Indian law:

1. File a complaint with the Cyber Crime Cell: Avanti can file a complaint with the
Cyber Crime Cell of the local police station, which has jurisdiction over cyber crimes.
The complaint should contain all relevant details, such as the date and time of the
hack, the nature of the personal information accessed, and any other evidence that
Avanti may have to support her claim. The Cyber Crime Cell will investigate the
matter and take appropriate action against the husband if he is found guilty.

2. File a complaint under the Information Technology Act, 2000: The Information
Technology Act, 2000, provides legal recourse for cyber crimes and data breaches.
Avanti can file a complaint with the Cyber Appellate Tribunal or a competent court
under this Act. The Act provides for penalties and imprisonment for cyber crimes
such as hacking, identity theft, and unauthorized access to data.

3. Seek a restraining order: If Avanti fears for her safety or security due to her estranged
husband's actions, she can seek a restraining order from the court. A restraining order
will prohibit the husband from contacting Avanti or coming within a certain distance
of her. If the husband violates the order, he can be arrested and prosecuted.

4. File for divorce: If the ongoing matrimonial dispute between Avanti and her husband
is related to the breach of her personal information, she can file for divorce on
grounds of cruelty and mental harassment. In such cases, the husband may be liable to
pay compensation to Avanti for the damages caused.

The husband, if found guilty, can be subjected to various liabilities and consequences
under Indian law. These include imprisonment, fines, and compensation to the victim.
The Information Technology Act, 2000, provides for penalties of up to three years of
imprisonment and a fine for unauthorized access to data. The husband can also be
liable under the Indian Penal Code for offenses such as identity theft, criminal breach
of trust, and stalking.

In conclusion, Avanti has several legal options available to her if she suspects that her
estranged husband has hacked into her Gmail account and accessed her personal
information without her consent. She can file a complaint with the Cyber Crime Cell,
seek a restraining order, or file for divorce, depending on the nature of the breach and
the harm caused. The husband can be subjected to various liabilities and
consequences under Indian law if found guilty of the offense.

3. Summer Hospital is a general hospital and has doctors as 10 consultants and full-time
employees. Aditi, a child of 9 years was brought there with high fever, but she died
after being administered a wrong dosage of medicine by the consulting doctor. The
Parents of Aditi approached the Consumer Court, asking for compensation from the
hospital and the consulting doctor. But the hospital refused as they contended the
parents are not consumers. The consulting doctor also refused as the fees had been
paid to the hospital. What is the legal position of the claim of compensation against
the Hospital and the Consulting doctor?

In the given scenario, the parents of Aditi have approached the Consumer Court,
seeking compensation from the hospital and the consulting doctor, after their child
died due to a wrong dosage of medicine administered by the doctor. The hospital has
contended that the parents are not consumers, while the consulting doctor has refused
to pay compensation as the fees had been paid to the hospital. Let's understand the
legal position of the claim for compensation against the hospital and the consulting
doctor.
The Consumer Protection Act, 2019 (CPA) provides for the protection of consumer
rights and redressal of consumer grievances. The Act defines a "consumer" as any
person who buys goods or services for a consideration, either for personal use or for
commercial use. The definition also includes any person who hires services for a
consideration.

In the given scenario, the parents of Aditi had taken her to the hospital for treatment,
and in return, they had paid a consideration to the hospital for the services rendered.
Hence, they fall within the definition of a consumer under the CPA, and they have the
right to approach the Consumer Court for redressal of their grievance.

Further, under the CPA, the hospital is a "service provider," and the consulting doctor
is a "service provider in the medical profession." As service providers, they are liable
to provide services with reasonable care and skill, as per Section 2(42) and Section
2(47) of the CPA. The failure to provide services with reasonable care and skill
amounts to "deficiency in service," and the consumer has the right to seek redressal of
the same.

In the given scenario, the hospital and the consulting doctor have failed to provide
services with reasonable care and skill, resulting in the death of Aditi. Therefore, the
parents of Aditi have the right to seek compensation from both the hospital and the
consulting doctor for the loss suffered by them. The hospital cannot avoid its liability
by contending that the parents are not consumers, as they had paid a consideration for
the services rendered. Similarly, the consulting doctor cannot avoid his liability by
stating that the fees had been paid to the hospital, as he is a service provider in the
medical profession and has the duty to provide services with reasonable care and skill.

In conclusion, the parents of Aditi have the right to seek compensation from both the
hospital and the consulting doctor for the loss suffered by them. The hospital and the
consulting doctor cannot avoid their liability by making such contentions as they are
both service providers under the CPA and have a duty to provide services with
reasonable care and skill. The Consumer Court can award compensation to the parents
of Aditi based on the evidence and facts presented before it.

4. Bata Steel entered into a contract with Belndian Hotels Limited, who 10 own 60% of
the hotel market in India, to exclusively supply the construction material worldwide.
This agreement would mean that 60% of the market would be off limits for other steel
manufacturers. CCI has been approached stating that this is an Anti-Competitive
Agreement. What defenses are available to Bata Steel to prove that this is not an Anti-
Competitive Agreement? What if BHL and Bata Steel were wholly owned subsidiary
of Bata Daughters as the holding Company?

The Competition Act, 2002, governs anti-competitive agreements in India. Section 3

of the Act prohibits agreements that have an appreciable adverse effect on
competition in India. The agreement between Bata Steel and Belndian Hotels Limited
to exclusively supply the construction material worldwide could potentially be an
anti-competitive agreement as it would mean that 60% of the market would be off-
limits for other steel manufacturers. The onus is on Bata Steel to prove that the
agreement does not have an appreciable adverse effect on competition in India.

One defense that Bata Steel could use is the "pro-competitive effects" defense. If Bata
Steel can show that the exclusive supply agreement will result in efficiencies such as
lower prices, better quality, or more innovation, then this defense could be used to
argue that the agreement is not anti-competitive.

Another defense that Bata Steel could use is the "passing-on" defense. If Bata Steel
can show that the benefits of the exclusive supply agreement are passed on to the
consumers, then this defense could be used to argue that the agreement is not anti-
competitive.
However, if BHL and Bata Steel were wholly owned subsidiaries of Bata Daughters
as the holding company, then the issue would be different. In such a case, it would be
considered an intra-group agreement, and the Competition Act exempts intra-group
agreements from the prohibition of anti-competitive agreements under Section 3.
However, the exemption only applies if the intra-group agreement does not result in
an appreciable adverse effect on competition. Therefore, if the agreement between
BHL and Bata Steel is found to have an appreciable adverse effect on competition, the
exemption would not apply, and the agreement would be considered anti-competitive.

5. Rohit wrote a story on a peasant turned superhero set in rural UP and it was turned
into a play which ran for 2 years in northern India. Later Rohit saw a movie 'Minal
Murali' and felt it was entirely based on his story. What are the principles on which
the court will decide if this is a copyright violation or ot? Support your answer with
case law

Copyright is a legal right that grants the creator of an original work exclusive rights to
use and distribute that work. In this case, Rohit wrote a story and later saw a movie
that he believed was based on his story. The principles on which the court will decide
if this is a copyright violation or not are whether the movie used substantial parts of
Rohit's story, whether the movie used elements of Rohit's story that are original and
not commonly used, and whether the movie was created independently of Rohit's
story.

In the case of R.G. Anand v. M/s. Delux Films and Others, the Supreme Court of
India held that copyright infringement occurs when there is an unauthorized use of
substantial parts of the original work. In this case, if Rohit can prove that the movie
used substantial parts of his story without his permission, then it would be considered
a copyright violation.

Furthermore, if Rohit can prove that the movie used elements of his story that are
original and not commonly used, then it would strengthen his case. In the case of
Eastern Book Company v. D.B. Modak, the Supreme Court held that copyright
protection extends only to the original and unique parts of a work, and not to
commonly used expressions or ideas.

Finally, if the movie was created independently of Rohit's story, then it would not be
considered a copyright violation. In the case of R.G. Anand v. M/s. Delux Films and
Others, the court held that independent creation is a valid defense against a claim of
copyright infringement.

Therefore, to decide whether the movie is a copyright violation, the court would
consider whether the movie used substantial parts of Rohit's story without his
permission, whether the movie used original and unique elements of Rohit's story, and
whether the movie was created independently of Rohit's story.

It is important to note that the specific facts of each case will determine the outcome.
Therefore, it is advisable for Rohit to seek legal advice and present his case to a
competent court to determine whether the movie is a copyright violation or not.