Kerly recognizes the possibility of a situation where, before commencement of use of a registered trade mark by the registrant(A), another person(B) uses an identical mark, for identical goods, without registration and acquires goodwill. Kerly states, an impasse results, in which A can injunct B’s use on infringement and B can injunct A’s use on […]
Read more "Kerly’s Impasse"Some of my happiest years have been spent in travel. 60s and 70s, it was far less common to go abroad for a holiday, due to restrictions on Foreign Exchange… 1973, my Wife and I… from Tahiti, we flew to South America. I remember, Chile had come under American sanctions. They had no wool, no […]
Read more "An Accidental Lawyer"Chidiebere Kingsley Nawchara was arrested on 16/03/2023 in connection with a total of 4935 grams of heroin recovered from possession of one Damodar Surya Rama Prasad Dubey who was apprehended at Chhatrapati Shivaji Maharaj International Airport, Mumbai upon his return from Addis Ababa, Ethiopia. This ‘consignment’, it was revealed, was to be further delivered to […]
Read more "4935 Grams of Heroin"Elevators have become an essential part of modern urban life. In a crowded elevator, particularly at public spaces, sense of confinement is real. OTIS installed the lift in question in the Research and Analysis Wing office complex at Lodhi Road, New Delhi, in December, 2001. On 24.05.2002, Military Engineering Service had entered into a contract […]
Read more "Elevator"While a written examination objectively tests a candidate’s academic legal knowledge, a viva-voce brings out essential intellectual and personal qualities. A rule prescribing a minimum cut-off in an interview is binding upon all candidates who willingly participate. Manoj having failed to secure minimum qualifying marks in the viva-voce, has no vested right to appointment. There […]
Read more "The Rules of The Game Principle XII"“Therefore, cause of action has arisen at West Bengal or in Union Territory of Jammu and Kashmir. Merely because Office of Director General, BSF and Ministry of Home Affairs is situated at Delhi, it will not make this Court a Forum Conveniens.” Baksish Ahmad is aggrieved by High Court of Delhi dismissing his Writ Petition […]
Read more "Fourth Forum"Dignity is an ambiguous and malleable concept. It is difficult to define, and is perhaps best left undefined. In a world with so many different life views and value systems, a single, universal conception of dignity is impossible to sustain. Dignity’s malleability, however, also means it can be invoked to support competing positions. This tension […]
Read more "Dignity"Section 235, Cr.P.C. [Section 258, Bharatiya Nagarik Suraksha Sanhita, 2023] Section 360, Cr.P.C. [Section 401, Bharatiya Nagarik Suraksha Sanhita, 2023] As would be clear, under Section 235(1), if accused is convicted, Judge shall, unless he proceeds in accordance with provisions of Section 360, hear accused on question of sentence, and then pass sentence on him […]
Read more "Hearing"Ranjan is a Sri Lankan National who in 2009 came to India along with his Wife, Smt. Archana, and his Son, Pavalan, holding a legally valid Sri Lankan Passport issued by Government of Sri Lanka and a valid Tourist Visa granted by Government of India. Ranjan along with his Wife and Son registered themselves with […]
Read more "Sri Lanka to Switzerland"In 1963, when the first sounding rocket was launched from Thumba, its components were transported to the launch site on a bicycle. Similarly, in 1981, during the testing of India’s first experimental communication satellite ‘APPLE’, the satellite was placed on a bullock cart to create a nonmagnetic environment for antenna pattern tests in an open […]
Read more "Seamless Chain of Support"While Bombay High Court (Dirk India Pvt. Ltd. v. Maharashtra State Electricity Generation Co. Ltd., 2013 SCC OnLine Bom 481), Delhi High Court (Nussli Switzerland Ltd. v. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as National Highways Authority of India v. Punjab National Bank, 2023 SCC OnLine Del 4810), Madras […]
Read more "Section 9 of The Arbitration Act II"Himachal Pradesh Board of School Education’s advertisement, dated 21.07.2016, stipulated, a candidate must possess a minimum of five years’ work experience in a reputed organization engaged in computer manufacturing and maintenance. The requirement was prescribed as part of the minimum eligibility criteria for appointment. The essential eligibility criteria was neither adhered to nor consciously dispensed […]
Read more "The Rules of The Game Principle XI"AIIMS v. Prof. Kaushal K. Verma, 2015 SCC OnLine 9226 observed, requests for a recusal must rest on reasonable apprehensions and not on speculative and fanciful suppositions. An interim order cannot become a tool for seeking recusal, nor can a litigant be permitted to choose a Bench merely because a prima facie view expressed by […]
Read more "Refuse to Recuse"Justice Raveendran in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 held, words used should disclose a determination and obligation to go for Arbitration and not only provide for a possibility of going to Arbitration. When words provide only a possibility, same does not constitute a valid Arbitration Agreement. – Hon’ble Justice Sanjay Karol, […]
Read more "Can"Three-Judge Bench of this Court in State of Kerala v. Chandramohan, (2004) 3 SCC 429 had an opportunity to discuss the concept of ‘tribe’ and its characteristics. It becomes clear, once a person belonging to a Scheduled Tribe converts to another religion, ultimately through passage of time, customs, rituals and other traits of that particular […]
Read more "Tribal Way of Life"An ‘indication’ and a ‘geographical indication’ too, has to convey or suggest geographical origin of goods to which it applies. A name which does not suggest geographical origin of goods is not an ‘indication’ under The Geographical Indications of Goods (Registration and Protection) Act, 1999 and cannot be a ‘geographical indication’ either. ‘Tirupati Laddoo’ qualifies […]
Read more "Tirupati Laddoo"More often than not, quality of law and order in society and maintenance thereof depends upon character of persons serving in Police Force. It becomes imperative, recruitees should be persons beyond reproach and men with rectitude. Rajkumar Yadav had challenged the rejection of his candidature by the Screening Committee for appointment as a Constable (Driver). […]
Read more "Honourable Acquittal VII"It is interesting to note, Oxford Dictionary in 2016 chose “Post-Truth” as the word of the year. The adjective has been defined as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief.” The Wren & Martin principles of precis writing must […]
Read more "Random Collectibles, Transformative"At this juncture, the analogy of apples and oranges serves as a useful reminder that certain relationships are inherently incapable of being assessed on an equal plane. A contract between State and an employee stands on a similar footing. State, in such a relationship, assumes the role of a metaphorical lion, endowed with overwhelming authority, […]
Read more "Apples and Oranges"Lord Denning observed in Beetham v. Trinidad Cement Ltd., (1960) 1 All ER 274, “A difference exists whenever parties are at ‘variance’; they need not be “locked in combat” or “come to blows”. It is sufficient if they are “sparring for an opening”.” – Hon’ble Justice S.V.N. Bhatti, M/s. Premium Transmission Private Limited v. State of Maharashtra, […]
Read more "Sparring for an Opening"
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