Sucheta, Author at SCC Times

Refusal to register “Trump too small” trademark under Lanham Act’s ‘Names Clause’ does not violate the First Amendment: SCOTUS

In 2016, after watching a Presidential primary debate exchange between then-candidate Donald Trump and Senator Marco Rubio, the respondent sought to federally register the trademark “Trump too small” to use on shirts and hats.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

Case Briefs High Courts

“Object of consulting the Central Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution”: Karnataka HC

While considering a matter revolving around dismissal of a Banker due to indiscriminate lending of money to fictitious persons, the Court stated, “Funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care than what individuals engaged in commerce ordinarily do.”

Case Briefs High Courts

J&K and Ladakh HC takes strict cognizance of a habitual litigant’s harassment of judges and use of demeaning language for his daughter-in-law in the petition

The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.

Appointments & Transfers News

President appoints 2 Permanent Judges for Gauhati High Court and 1 Additional Judge for J&K and Ladakh High Court

The Judges were appointed by the President of India in exercise of the power conferred by Article 217(1) and Article 224(1) of the Constitution respectively.

Case Briefs High Courts

“Leave encashment can’t be viewed as discretionary bounties but as legal rights enforceable under the Constitution”: Karnataka HC

The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Bela Madhurya Trivedi

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

Hot Off The Press News

NHRC takes serious cognizance of ‘Nata Pratha’; Calls for action report from Ministry of Women & Child Development and Rajasthan, MP, UP and Gujarat

Nata Pratha’ is a social evil in which girls in some communities are sold either on a stamp paper or otherwise in the name of marriage in parts of Rajasthan and the adjoining areas in the States of Madhya Pradesh, Uttar Pradesh and Gujarat. The NHRC called for eradicating this unethical custom.

Case Briefs High Courts

Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife

The murder convict’s wife filed the petition seeking parole for her husband on the ground that they got married on 11-04-2023 and that she was deprived of her right of progeny.

Appointments & Transfers News

May 2024 Judicial Appointment Tracker | 3 SC Collegium Recommendation; 6 HC Appointment; 3 Transfers and 3 Retirements

This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.

Case Briefs High Courts

Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.

Case Briefs High Courts

J&K and Ladakh HC takes stern note of “copy-paste UAPA arguments” highlighting internal security instead of focusing on specific material against an accused

The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.

Case Briefs Foreign Courts

Hush Money Trial | Manhattan Jury finds former US President, Donald Trump guilty of 34 counts of felony

Found guilty of falsifying business records to influence the outcome of the 2016 Presidential Elections, former President Trump becomes the first US President to be convicted of criminal charges in the history of USA.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC, Lucknow directs Jaipur’s Le Meridian Hotel to refund Rs 25 Lakhs to retd. Army Officer, who had to cancel booking of his daughter’s wedding due to Covid-19

Relying on the principle of Equity, the Commission stated that a compensation of 25 lakhs is justifiable given that the resort did not incur any expense for the wedding arrangements.

Know thy Judge

Justice Ravi Vijaykumar Malimath, 27th Chief Justice of Madhya Pradesh High Court, retires

Belonging to an illustrious family of freedom fighters and eminent jurists, Justice Ravi Vijaykumar Malimath who retires on 24-05-2024, has carved his niche in the legal echelons with an exceptional track record of case disposal.

Case Briefs International Courts

[Climate Change] | ITLOS issues unanimous Advisory Opinion on specific obligations of State Parties under United Nations Convention on the Law of the Sea (‘UNCLOS’)

Tribunal found that COSIS’ Request was compatible with its judicial functions, as it was called upon to clarify and provide guidance concerning the specific obligations of State Parties to the Convention by interpreting and applying the provisions of UNCLOS particularly Part XII.

SC Collegium appointment of high court judges

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Permanent Judges and extension of term of an Additional Judge

Recommendations were made regarding the appointment of 2 Additional Judges of Gauhati High Court as Permanent Judges and extension of term of Additional Judge of Jammu & Kashmir and Ladakh High Court.

Justice AS Bopanna immunity MPs and MLAs demonetization

Know thy Judge

Upholding a Legacy of Compassion and Cool Temperament, Justice A.S. Bopanna, bids farewell to the Supreme Court

Hailing from the coffee hub of Coorg district, Justice A.S. Bopanna, who started his legal career in the year 1984 from Karnataka High Court, retires as Judge of the Supreme Court on 19-05-2024.

Case Briefs High Courts

Karnataka HC directs Bar Council of India to update its website to reflect the current status of affiliated law colleges/universities

The Court was perusing a writ petition filed by BMS College of Law wherein they had submitted that BCI’s website was not updated regarding the College’s current affiliation status.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Airbnb to pay Rs 5000 to the parents of the 6-month-old infant who was negligently injured by the caretaker during check- out

While cleaning the room during check-out, the caretaker of the resort pulled the sheets from the bed on which the complainant’s 6-month-old child was sleeping wrapped in a blanket. As a result, the child fell on the floor and suffered injuries.