Disproportionate Assets Case: Supreme Court Dismisses Plea to Stay Trial

A Supreme Court Bench comprising of Justice Vikramajit Sen and Justice Shiva Kirti Singh dismissed Jayalalitha’s plea seeking a stay on trial in the disproportionate assets case, until a Bangalore Court decides on the ownership of immovable property claimed to be hers.Tamil Nadu Vigilance and Anti-Corruption Department had also opposed the plea, reportedly stating that “since the petition...

Supreme Court Refuses Urgent Hearing on Plea against Srinivasan Taking up ICC Chairman’s Post

A Supreme Court bench headed by Justice Vikramajit Sen reportedly refused to hear a plea restraining N. Srinivasan from taking up the post of the chairman of ICC executive board, on an urgent basis. The Bench said that the case can be taken up after the vacation.The plea was put forward by Cricket Association of Bihar, in the wake of the ongoing probe against Srinivasan. The Bench described it...

Uphaar Tragedy: Justice Sen recuses himself from hearing Gopal Ansal’s plea to go abroad

Justice Vikramjit Sen has recused himself from hearing a plea by real estate tycoon Gopal Ansal who was convicted in the Uphaar fire tragedy case. Ansal sought permission to visit London and New York on a business trip. The Supreme Court judge reportedly asked the case to be listed before another bench. The other judge in the bench is Jutice Shiva Kirti Singh. Ansal needed to meet...

Investigation into Foreign Funds Received by Political Parties begins

The Government has reportedly commenced steps to “relook and reappraise the receipts of the political parties and identify the contributions received from foreign sources” in compliance with the Delhi High Court order demanding the same.In a landmark judgment in March this year, the court had found BJP and Congress guilty of taking foreign funds and violating the Foreign...

Supreme Court Weekly Round-Up

A Supreme Court bench comprising of Justice J.S. Khehar and Justice C. Nagappan allowed a 93-year old woman, accused of stealing crockery during the 1984 riots and then illegally occupying a shop, to walk free by reducing her punishment to the period already spent in prison.A Supreme Court bench comprising of Justice C. Nagappan and Justice J.S. Khehar stayed the execution of death sentence...

Grounds for passing Judgments cannot be disclosed under RTI Act: Supreme Court Appellate Authority

Dismissing the plea of an RTI activist demanding the rationale behind review petitions, the Appellate authority, created under Section 5(1) and under Section 19(1) of Right to Information Act, 2005 said that such information cannot be disclosed to the litigants under the Act. The impugned orders were passed without holding a hearing and without citing any reasons for the same.The petition...

Bombay High Court suggests Mechanism to Prevent Custodial Deaths

On Friday, a Bombay High Court bench comprising of Justice V.M. Kanade and Justice P.D. Kode reportedly observed that a mechanism should be developed to prevent custodial deaths and excessive use of force during interrogation.The petition was filed by the father of a custodial death victim, Agnelo Valdaris and three others. The four were held for a robbery case and were allegedly tortured...

Delhi High Court Restrains Nutralite’s look-alike from Infringing its Trademark

Justice G.S. Sistiani of the Delhi High Court has restrained Nutritious & Spreads from infringing the “Nutralite” trademark of Zydus Wellness Ltd, which sells a similar product by the name of “Nutrabite”.The plaintiff, Zydus had filed the suit for permanent injunction, restraining the infringement of copyright and damages in respect of their packaging for the product under...

Marital Rape- Judge Remarks Physical Relations between Husband and Wife even if Forcible, Not Rape; Debate Regarding the Law Resurfaces

Additional Sessions Judge, Virender Bhat, while acquitting an accused of charges of rape, observed that the prosecutrix and the accused were legally wedded husband and wife from 20.7.2012 and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape. While the statement has attracted widespread media coverage,...

Bombay High Court Laments over Commercialization of Health Services; slams City- Hospital for Detaining Patient over Disputed Bills

A Division bench of the Bombay High Court comprising of Justice V.M. Kanade and Justice P.D. Kode slammed the Seven Hill Hospital in the city for harassing a patient for part payment of the bill. The court termed this practice of detaining patients as ‘inhuman’. The Court also observed that nowadays hospitals are being run like shops and that “doctors have forgotten their...

Only Bank Officer Can Issue Notice of Demand for Repayment: Kerala High Court

The Kerala High Court, in a petition filed by borrowers in a loan transaction, held that a notice to be valid and effective in law should be issued by a secured creditor or an authorized officer. Hence, only an officer of the bank, as specified by the Board of Directors, can issue a notice of demand, and not the lawyer.The notice for repayment issued by the counsel representing ICICI...

Soft Drink Giant PepsiCo wins Trademark battle over its Mineral Water brand [Read the Judgment]

The Delhi High Court in a recent judgment has ruled in favour of PepsiCo in a trademark case involving its mineral water brand 'Aquafina'. Justice G.S Sistani who delivered the judgment in the case Pepsico, Inc & Anr vs. PSI Ganesh Marketing & Anr, restrained the defendant company from infringing upon the trademark of a well renowned brand and for the illegal adoption and use of...