Supreme Court Weekly Round-Up

Clauses To Prevent Disputes And To Ensure Smooth Implementation Of Agreement Will Not Be An Arbitration Agreement

The Supreme Court in Shyam Sunder Agarwal vs. P Narotham Rao held that clauses inserted in the agreements to prevent disputes from occurring and to ensure smooth implementation of the agreement will not be an arbitration agreement.

 All Kinds Of Musical Programmes, Even If Performed For Commercial Purpose, Exempted From Gujarat Entertainment Tax, Holds SC

Disagreeing with the interpretation of Section 3A of the Gujarat Entertainments Tax Act by the Gujarat High Court, the Supreme Court in Gypsy Pegasus Ltd. Vs. State of Gujarat held that all kinds of musical programmes are exempted from payment of entertainment tax, even if they are performed in a commercial manner and for profit making.

Proprietor Of A Trade Mark Cannot Enjoy Monopoly Over The Entire Class Of Goods: SC

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd., held that the proprietor of a trademark cannot enjoy monopoly over the entire class of goods particularly when he is not using the said trade mark in respect of certain goods falling under the same class.

SC Orders CBI Director’s Personal Presence Over Delay In Manipur Extra-Judicial Killings Probe

The Supreme Court on Friday directed the Director of the Central Bureau of Investigation (CBI) to appear before it, after noting that the investigations in the alleged extra-judicial encounter killings in Manipur were taking an “unduly long time”

SC Accepts Compensation Scheme For Survivors Of Sexual Assault And Acid Attack

The Supreme Court on Wednesday accepted the Scheme on Victim Compensation for Survivors of Sexual Assault and Acid Attack, 2018. The scheme was submitted to a Bench comprising Justice Madan B. Lokur and Justice Deepak Gupta by the National Legal Services Authority (NALSA) and a Committee comprising officers of the Ministry of Women and Child Development, Government of India, the Department of Legal Affairs, and the National Commission for Women.

Third Party Insurance Of 3 Yrs For Cars & 5 Yrs For Two Wheelers Mandatory For Vehicles Sold From Sept 1

The Supreme Court ordered that third-party insurance coverage of three years for cars and five years for two wheelers should be mandatory for all vehicles sold from September 1. The order was issued by a bench of Justice Madan B. Lokur and Justice Deepak Gupta, while considering a public interest litigation seeking guidelines for improving road safety filed by S. Rajaseekaran, Chairman & Head of Orthopedic Department, Ganga Hospital, Coimbatore.

 There Can’t Be A Blanket Ban On Protest In Central Delhi : SC Allows Peaceful Protests In The Area

The Supreme Court bench of Justice AK Sikri and Justice Ashok Bhushan on Monday ruled that there cannot be a blanket ban on protests in Central Delhi. Allowing the peaceful protest in Jantar Mantar and other areas in Central Delhi the Court has asked the police to frame the guidelines.

What Was That ‘Due Consideration’: SC Emphasizes The Need To Pass Reasoned Order In Every Case

The Supreme Court yet again denounced the practice of passing non-reasoned orders by high courts while disposing writ petitions. This time, a bench of Justice Abhay Manohar Sapre and Justice Navin Sinha was considering an appeal against a Madhya Pradesh High Court order that had affirmed an order of the Employees Provident Fund Appellate Tribunal.

Only Central Council For Homeopathy Can Appoint Medical Inspectors To Inspect Homeo Colleges

The Supreme Court in The Temple Of Hanemann Homoeopathic Medical College And Hospital vs.  Union of India, has held that Central Government has no power to appoint a team of medical inspectors for the purpose of inspection of homeo colleges etc., as power of such appointment is conferred only on Central Council For Homeopathy (CCH) by the Homeopathy Central Council Act, 1973.

SC Restrains DPS World Foundation From Using Brand Name “Delhi Public School” Or ‘DPS’

The Supreme Court on Tuesday restrained the DPS World Foundation from using the marks ‘DPS’ or ‘Delhi Public School’ or its logo. The order was issued by a Bench comprising Justice Ranjan Gogoi, Justice R. Banumathi and Justice Navin Sinha on a Special Leave Petition filed by the Delhi Public School Society, challenging an order passed by the Division Bench of the Delhi High Court in April last year.

Classification Of Land In Revenue Records Not Dispositive Or Conclusive Of Question On Applicability Of SARFAESI Act

The Supreme Court in Indian Bank vs K Pappireddiyar observed that the classification of land in the revenue records as agricultural is not dispositive or conclusive of the question whether the SARFAESI Act does or does not apply.

‘Godman To Tycoon- The Untold Story Of Baba Ramdev’: SC Directs Delhi HC To Dispose Of Ramdev’s Plea Against The Book By September End

The Supreme Court on Monday directed the Delhi High Court to dispose of by September end, the petition challenging the publication and sale of book on yoga guru Ramdev titled Godman to Tycoon: The Untold Story of Baba Ramdev, authored by Priyanka Pathak Narain and published by M/s Juggernaut Books.

 SC Orders CBI Director’s Personal Presence Over Delay In Manipur Extra-Judicial Killings Probe

The Supreme Court on Friday directed the Director of the Central Bureau of Investigation (CBI) to appear before it, after noting that the investigations in the alleged extra-judicial encounter killings in Manipur were taking an “unduly long time”

Kerala District Judges Selection: SC Says Fresh Selection Subject To The Result Of Writ Petition

The highly contested case of selection of judges to the Kerala Higher Judicial service was considered by the Supreme Court on Monday. The bench comprising Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud ordered that “selection made during the pendency of the petition will be subject to the final result of the petition”

SC Allows Interim Appointment Of Sitting Civil Judges Qualified Through Higher Judicial Service Exam As District Judges

The Supreme Court on Tuesday granted interim relief to several judicial officers of subordinate judiciary vying for appointment as district judges through direct recruitment. The Bench comprising Justice Kurian Joseph and Justice S.K. Kaul directed the High Courts of Delhi and Allahabad to proceed with the selection process of the petitioners and appoint them as District Judges without them resigning from the Subordinate Judicial Service. It, however, made it clear that their appointments would be subject to the result of the petitions pending before the Supreme Court.