CASE 8

Sharmila is an intern in Canberry Hospitals, Pune branch. One of the doctors in the hospital
is a handsome chap. He is in his fifties, well disciplined, strict and not accepting any
mistakes on the part of the interns. One day while Sharmila was doing a task allotted to
her, this doctor shouted at her and asked her to correct herself. He also screamed that if she
would continue the same way, it might result in the patients losing lives. Sharmila was very
much disturbed by this behavior of the doctor. She felt that the doctor had unnecessarily
shouted at her. Her belief was that she was an intern, and interns come so as to learn, as
such the doctor should not have shouted like that.
In the evening, she received a call from the hospital, informing her to remain present early
the next morning as the said doctor wanted to talk to her. When she approached the doctors
cabin the next day, he again shouted at her threatening that he would not give her any
practical training unless she mended her ways. The doctor pointed at some other mistakes
committed by her. Sharmila failed to understand, why the doctor was only after her. She
found that the mistakes committed by her were not at all serious and can be corrected once
proper practical training has been taken.
Interestingly the doctor would always mention whenever he shouted at her that he was
doing so for her wellbeing. She had told the doctor that she could take care of herself and
he need not worry of her wellbeing. In spite of this, the doctor always found some or other
reason to abuse her in the presence of all the other interns under the pretext of caring for
her wellbeing.
She had approached the head of the hospital asking for transfer mentioning these
incidences. But the head had refused to listen even a single word against the doctor, on
the grounds that the doctor was a good person, he had served the hospital for so many
years, cured so many patients and till now no one had ever complained against him. The
head also said that if she went about talking these things, the staff would laugh at her and
only make her fun. He also said that no one would believe in what she said as the doctor
enjoyed a good reputation.
Sharmila, confused and scared about what to do, has approached you for advice. What
advice would you give her? Also guide her as to the law against sexual harassment of
women at workplace citing the relevant provisions.
 CASE 9 (All the case lets are to be analyzed)
CASE LETS
1. Mr. Anant wrote a play entitled Mein Bharatiya in 1980. This play was enacted in the
next few years, at various places and got good reviews in the newspapers like Bharatiya
Toofan, Hindustan Samay, etc. The play was based on the bane and boon of provincialism
as also its divisive effects on the society. One of the film maker, Mr. Rega heard got much
impressed by its success and called Mr. Anant to his office. Mr. Anant narrated the play to
Mr. Rega in his office. But after that there was no communication from Mr. Rega. After
few weeks Mr. Rega announced the production of a film titled Mera Bharat which
released in 1983. From the various comments and views in the newspapers Mr. Anant very
much feels that it is a copy of his play Mein Bharatiya and hence he himself watched the
film. Thereafter he felt that the film was a clear violation of his copyright and so he moved
the court.
Mr. Rega claims that there is no violation of anyones copyright. He claims that
provincialism is a wide subject and anyone can get up and make dramas, movies, skits or
anything for that matter, on the subject. Advice Mr. Anant. Also mention the rights of Mr.
Anant and Mr. Rega.
2. A company was manufacturing electronic products. It has become a brand name -
TANTRADYAN. It got its name and symbol registered under trademark. Another
company entered the market with the name TANTRADYAN. This other company was
selling stationery. The TANTRADYAN company selling electronic products wants to
prevent the new company from using the name TANTRADYAN. The new company claims
that as it is in an altogether new company and a different one, it can use the name
TANTRADYAN. It also claims that it is a new company and is not established. Hence
people will only buy the products from it, when they are satisfied with the quality provided.
All like to test new entrants in the market and thereafter only does a company have a sound
business. Hence the TANTRADYAN selling electronic products should rest assured that
the new entrant company shall not cause any harm/loss to it. Discuss whether
TANTRADYAN selling electronic products shall succeed in its claim.

3. A manufacturer of reengineered concrete poles and pipes, who held two patents in respect
of improved process of manufacture was doing business using the patented machinery. The
other person was infringing the patent of the manufacturer by using patented machinery.
The infringer was using patented machinery to manufacture concrete poles and pipes and
also was doing a good business. When the patent holder brought infringement action
against the infringer and conducted search and inspection, of the infringers premises,
neither the patented machinery nor the products were found with the infringer. However
the infringer submitted that he was not infringing any patented machinery but also
promised that he will not make any use of the patented machinery in the future also. The
patent holder even so believes that there is some infringement being committed and seeks
a permanent injunction against the infringer in the court. Will the patent holder succeed?
 CASE 10 (All the case lets are to be analyzed)
CASE LETS
1. Amarendra, an Indore based techie was arrested on the suspicion that he had posted
insulting images of a great leader and a major historical figure from Pune in the state of
Maharashtra, on the social-networking site - Chirkut. There was an immediate lash back
on the images with lot of people showing their agitations and anguish. The police identified
the person from the IP address details which they obtained from Google and the internet
service provider. He was brought to Pune and detained for 25 days before it was discovered
that the IP address provided by internet service provider was erroneous.

The internet service provider claimed that the mistake evidently took place due to the fact
that while requesting for information, the police had not properly specified whether the
suspect has posted the content at 1.15 pm.
Discuss the rights of Amarendra, internet service provider and the police.

2. Five employees of a BPO, working at an outsourcing facility operated by Phantom Ltd. in

India obtained pin codes from four customers of the Phantom Ltds client i.e. villagegroup.
The employees in question were not authorized to obtain the pin codes. The said employees
in association with others, opened new accounts at Indian banks using false identities.
Within a short time, they used the pins and account information which they had collected
during their employment at Phantom Ltd. to transfer money from the bank accounts of
villagegroup customers to the new accounts in the Indian banks.
Discuss if the employees of Phantom Ltd were involved in any wrong-doings? Discuss the
rights available to Phantom Ltd and Villagegroup.