Supreme Court Weekly Round-Up

No Exclusive Right Over Use Of The Word ‘MALABAR’ For Product Sale

The Supreme Court upheld a Calcutta High Court order that held that Parakh Vanijya Private Limited cannot claim exclusive right over the use of the word ‘MALABAR’.

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased

While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the attack nor made attempts to save the deceased.

Public Servant’s Retirement Due To Efflux Of Time Irrelevant While Determining His Criminal Liability In Corruption Cases

The Supreme Court in Tarsem Lal Chandla v State of Himachal Pradesh observed that merely because the accused-public servant retired from service due to efflux of time, it would not be a relevant consideration in determining the criminal liability particularly for an offence under the Prevention of Corruption Act.

Annamalai University Can’t Devise Its Own Fee Structure For Medical/Engineering Professional Degree Courses

The Supreme Court in M Aamira Fathima v. Annamalai University, held that Annamalai University is not entitled and competent to devise its own fee structure for medical and engineering professional degree courses without having the fee fixed by the Committee on Fixation of Fee.

Second Complaint Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint

The Supreme Court in Om Prakash Singh v. State of Bihar reiterated that a subsequent complaint would be maintainable if there is the discovery of a new fact after disposal of the first complaint.

SC Closes Contempt Against Kerala Lawyer After High Court Finally Accepts His Apology

The Supreme Court closed contempt proceedings initiated by the Kerala High Court against advocate CK Mohanan as he filed an affidavit expressing unconditional regret before the high court.

Litigants have The Right To Know- SC, AG Favours Live Streaming Of Court Proceedings

In a significant step towards transparency and accountability, the Supreme Court on Monday favoured the live streaming of court proceedings in all matters, except where the hearing is held in camera, in rape cases and matrimonial disputes.

SC Dismisses Review Petitions Of Nirbhaya Convicts, Upholds Death Penalty

A Three-Judge Bench of Chief Justice Dipak Misra and Justices R Banumati and Ashok Bhushan  dismissed the review petitions filed by death row convicts in the 2012 Nirbhaya gangrape case and upheld the death penalty awarded to them.

Abolition Of Death Penalty By Several Countries Not A Ground To Efface It From The Statute Book Of Our Country

While rejecting the review pleas of two death convicts in Nirbhaya case, the Supreme Court observed that abolition of death penalty by several countries like the United Kingdom, Latin American countries and Australian states is no ground to efface the death penalty from the statute book of our country.

Bodily Integrity of a Woman Cannot be Infringed, SC Observes In PIL Seeking Ban on Female Genital Mutilation

Hearing a PIL seeking a ban on Female Genital Mutilation (FGM) practiced within the Dawoodi Bohra Community in India, the Supreme Court on Monday remarked that the bodily integrity of a woman could not be infringed without her consent.

 Medicos Owe Constitutional Duty To Treat The Have-Nots; SC Upholds Delhi Govt Circular To Hospitals Built On Subsidized Land To Provide Free Treatment To The Poor

In a significant judgment, the Supreme Court observed that members of the medical profession owe a constitutional duty to treat the have-nots and that they cannot refuse to treat a person who is in dire need of treatment by a particular medicine or by a particular expert merely on the ground that he is not in a position to afford the fee payable for such an opinion/treatment.

Illegal Mining In Andhra Pradesh: SC Issues Notice On Petition Seeking Court Monitored Probe

The Supreme Court on Monday sought the Centre’s response on a plea seeking a court-monitored SIT or CBI probe into the alleged illegal mining being carried out by the Trimex Group in Andhra Pradesh.

SC Orders Transfer of Accused in Kathua Case to Gurdaspur Jail,Punjab

The Supreme Court ordered that the accused persons in Kathua rape-murder case should be shifted from Kathua Jail, Jammu and Kashmir to Gurdaspur District Jail, Punjab.

Taj Mahal Needs To Be Protected: SC Rejects Plea Challenging Ban On Namaz By Outsiders In Monument’s Mosque

The Supreme Court on Monday refused to overturn a ban on outsiders entering the Taj Mahal complex in Agra for namaz or Friday prayers, asserting that the monument is among the seven wonders of the world and hence, needs to be protected.

He Also Tried To Kill Himself; SC Modifies ‘30-Yr Life Term Without Remission’ Imposed On Man Accused Of Killing Wife To ‘Life Imprisonment Simpliciter’

The Supreme Court modified a ‘thirty years life imprisonment without remission’ sentence imposed on a man accused of uxoricide (murder of one’s wife) to life imprisonment simpliciter taking into account that he also tried to kill himself after murdering his wife.

States Resisting Social Audits By NCPCR Appear To Be “Hiding Something”

The Supreme Court on Wednesday rapped the States for non-utilisation of funds under the Integrated Child Protection Scheme (ICPS). Condemning the trend, the Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed, “This is extremely unfortunate. Since funds are made available for the benefit of children, if the State Governments do not utilise them, the loss is that of children of the State.”

SC Demands Steps Taken To Curb Substance Abuse Among Children

The Supreme Court on Thursday demanded to know the progress made on the formulation of the National policy on Drug Demand reduction to check substance abuse among children.

SC Refuses To Admit PIL Seeking To End Use Of Black Money In Elections; Petitioner Asked To Approach Election Commission

The Supreme Court on  Monday disposed of a PIL to curb “appalling effects of black money on free and fair election” asking the petitioner to approach the Election Commission.