Supreme Court Weekly Round-Up

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC The Supreme Court, in Asharfi vs State of Uttar Pradesh, observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act carried out in 2016, mere knowledge of the accused that the person upon whom the offence is committed belongs to the community suffices to bring home the charge under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act.Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge SheetThe Supreme Court, in Nitya Dharmananda @ K. Lenin Vs. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, observed that if the trial court is satisfied that there is some material of sterling quality which has been withheld by the investigator, it is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet, for the purpose of framing charge/discharge of accused.No Superior Court Can Command Subordinate Court To Pass A Particular OrderNo superior court in hierarchical jurisdiction can issue direction/mandamus to any subordinate court commanding them to pass a particular order on any application filed by any party, the Supreme Court said on Thursday while reiterating that the judicial independence of a court cannot be interfered with by any court, including the superior court.Jurisdiction Of A Court Under A Statute Can’t Be Allowed To Shift Because Of A Superior Court’s Interference In A Different Manner: SC Constitution BenchThe constitution bench of the Supreme Court observed that the jurisdiction of a court conferred under a statute cannot be allowed to shift or become flexible because of a superior court’s interference in the matter in a different manner.Hotels/Restaurants Can Sell ‘Packaged Water Bottles’ Above MRPHotels and restaurants can continue to sell packaged mineral water bottles above ‘MRP’ rates as the Supreme Court observed that no prevailing law prevents such a sale.Death Penalty Awarded To Accused In Kidnapping-Cum-Murder Case StayedThe Supreme Court stayed the execution of the death sentence awarded to Rajesh @ Rakesh and Raja Yadav in a kidnapping-cum-murder case. The Jabalpur bench of Madhya Pradesh High Court had confirmed the death penalty awarded by the trial court to the accused duo, for having found guilty of kidnapping and murdering a 15-year-old boy.Toyoto ‘Prius’ Trademark Case: Global Brand Must Establish Goodwill In India To Sustain Action For Trademark InfringementWhile denying protection to the brand name “Prius” of the car manufactured by Toyota, the Supreme Court held that an international brand should establish that it had enjoyed goodwill and reputation within Indian jurisdiction to sustain an action for trademark infringement.Raghav Chadha’s Petition On Whether Retweeting A ‘Defamatory’ Tweet Amounts To Defamation DismissedThe Supreme Court bench headed by Chief Justice of India (CJI) Dipak Misra dismissed an appeal filed by Aam Aadmi Party (AAP) spokesperson Raghav Chadha against Delhi High Court Judgment dismissing his petition challenging the summons issued to him in a defamation case filed by Union Minister Arun Jaitley while leaving it to the trial court to decide if re-tweeting would attract liability under section 499 IPCUse Similar Question Papers For All Languages In Future Examinations: SC To CBSEThe Supreme Court ordered that all the examinations in future be held by the CBSE, be held on the basis of the similar questions papers for all the examinees, and the question papers shall be in English, Hindi and other vernacular languages.IBC-Lawyer Can Issue Demand Notice Of Unpaid Operational Debt On Behalf Of Operational CreditorAnswering two important issues of the Insolvency and Bankruptcy Code, the Supreme Court, in Macquarie Bank Limited vs Shilpi Cable Technologies Ltd, held that a lawyer on behalf of the operational creditor can issue a demand notice of an unpaid operational debt. The court also held that the provision contained in Section 9(3)(c) of the Code is mandatory for initiating insolvency proceedings.SC Extends Deadline for Mandatory Linkage Of Aadhaar With All Schemes And Services To March 31The five-judges Constitution bench of the Supreme Court on Friday extended the deadline for mandatory linkage of Aadhaar number with all services and schemes including bank accounts and mobile numbers, to March 31, 2018Laboratory Report Can Be Counter Signed Only By A Registered Medical Practitioner With A Post Graduate QualificationThe Supreme Court, on Tuesday, upheld the stand taken by the Medical Council of India (MCI) that “Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology”.SC stays NCLT Order Allowing Centre To Take Over Unitech Management The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and...

Supreme Court Weekly Round-Up

Ashok K.M

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