Weekly Legal Updates (2 April to 8 April 2023)

Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant.

Hampers “Open Justice”: Supreme Court’s Strong Remarks On Sealed Cover

Chief Justice of India DY Chandrachud, known by now to be a strong critic of “sealed cover” submissions, made the reasons for his objections clear on Wednesday. During the hearing of a case involving the Central ban on a news channel, the top court slammed the government for filing its views under “sealed cover”, where the contents cannot be made public.

The Centre’s contention that the matter involved national security was shredded by the court, which said, “National security claims cannot be made on the basis of thin air… There is nothing to show terrorist links”.

“There cannot be a blanket immunity to the government for disclosure of information to the other parties in a proceeding before the court… All investigation reports cannot be termed secret as these affect the rights and liberty of the citizens,” said the bench of Justices DY Chandrachud and Justice Hima Kohli. (Courtesy:- NDTV, 5 April 2023).

SC: Higher courts seeking explanations from trial judges have ‘chilling effect’

Setting aside an MP high court notice to a trial judge asking why he had granted bail to an accused facing trial for stripping a man and tying him to a tree before assaulting him, the Supreme Court on Thursday said such “unwarranted” orders by constitutional courts had a “chilling effect” on judicial officers.

Noticing that the accused was lodged in jail as an under trial for four months since the incident last June, a bench of CJI Chandrachud and Justice J B Pardiwala said since a charge sheet had been filed in the case and other accused had been granted bail, the trial judge was correct in granting bail to accused Totaram.

The bench did not accept the arguments for cancellation of the bail in February 24 even after the complainant’s counsel pleaded that the accused made a video of the incident after stripping and assaulting him, causing him ignominy and loss of reputation.

Taking up the HC’s decision to send a show cause notice to the trial judge for granting bail to the accused, the CJI-led bench said, “The HC’s decision to seek explanation from the trial judge was unwarranted. Such orders from the HC produce a chilling effect on the district judicial officer. (Courtesy:- The Times of India, 7 April 2023)

CJI Chandrachud approves fresh guidelines on engaging services of law clerks in SC

Chief Justice of India (CJI) D Y Chandrachud has approved fresh guidelines for engaging the services of law interns for assisting Supreme Court judges in legal research after which they will be paid a consolidated remuneration of Rs 80,000 per month.

The top court has come up with a fresh ‘Scheme for Engaging Law Clerk-cum-Research Associates on Short-Term Contractual Assignment in the Supreme Court of India”.

“A Law Clerk will be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term and there will be no other allowances/perquisites,” the apex court notification said, adding if such persons are given an extension after 12 months of the initial assignment, then “a consolidated remuneration of Rs. 90,000/- per month will be paid for the extended assignment term” without any other allowances or perquisites.

The CJI and other SC judges will be entitled to the services of four Law Clerks out of which the first two shall be selected mandatorily through the selection process of the (apex court) Registry, it said.

The CJI and judges may seek and engage the services of a fifth law clerk subject to the workload, it said.

The law clerks prepare a brief summary of fresh cases listed for admission in the apex court.

They also prepare a synopsis of regular hearing matters and note down all the arguments made during the hearing of regular matters where benches are supposed to deliver judgements. (Courtesy:- The Telegrpahonline, 8 April 2023)

Delhi High Court restrains private entities from using ‘KHADI’ in trademark infringement lawsuit

The Khadi and Village Industries Commission said the right to use the ‘KHADI’ mark for textile products requires the person or organisation to apply for recognition through the Khadi Institutions Registration and Certification Sewa.

“Resultantly, the defendants as well as all others acting on their behalf shall stand restrained, during the pendency of the suit, from using, directly or indirectly, the mark KHADI, either as a word or as part of its trade name or name of its business concern, as well as from using the impugned marks, or any other mark identical or deceptively similar thereto,” the court ordered.

It also restrained the defendants from operating any social media page, including Facebook, Instagram and YouTube, using their names or from reflecting the ‘KHADI’ mark on their website.

Justice Shankar noted that the defendants had admittedly used the ‘KHADI’ mark “to designate its activities relating to use, display and promotion…of the Khadi fabric and the Khadi culture” with the activities of KVIC.

“The submissions advanced by the defendants in their defence, therefore, themselves vouchsafe their intent to create an association with the plaintiff KVIC, by using the impugned marks. The fact that the use of the impugned marks by the defendants would lead to an impression of association between the defendants and the plaintiff, therefore, stands conceded by the defendants,” the court said. (Courtesy:- The Indian Express, 8 April 2023)

*Disclaimer: – Always check with the original copy of judgment from the Court website.

Legal News in this Weekly Legal Update are compiled by Team www.deepakmiglani.com

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