Diyora and Bhanderi Corporation v. Sarine Technologies Ltd. [Civil Appeal Nos. 7304-7305 of 2018] A copyright infringement action over proprietary software under the Respondent’s ‘ADVISOR’ trade mark triggered the dispute. The Respondent wished to direct Mr. Robert “Bob” Zeidman to compare the softwares and to report Court as to whether the source code and object […]
Read more "Mr. Robert “Bob” Zeidman"P. Dasaratharama Reddy Complex, (2014) 2 SCC 201 referred to a large number of decisions of the SC in order to distinguish between clauses that were Arbitration Clauses and clauses that either led to Expert Determinations or were otherwise not Arbitration Clauses. For example, Tipper Chand, (1980) 2 SCC 341 was referred to; equally, the Court relied […]
Read more "Attributes of Arbitration Agreements"The Respondent, a Cooperative Federation of Milk Producers of Karnataka, adopted the mark ‘NANDINI’ in the year 1985 and under that brand name produced and sold milk. The Appellant adopted the mark ‘NANDHINI’, for its restaurants in the year 1989, and applied for registration of the said mark in respect of various food items sold. The Respondent […]
Read more "Nandini v. Nandhini : No Deceptive Similarity"“A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive conflagration.” It was the Judgment of Holmes J in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of ‘clear and present danger’ for determining whether restrictions on […]
Read more "Clear and Present Danger"Rewarded with the presence of Justice A.N. Ray, Himat Lal K. Shah, (1973) 1 SCC 227 held: “Public meeting in open spaces and public streets forms part of the tradition of our national life. In the pre-Independence days such meetings have been held in open spaces and public streets and the people have come to regard […]
Read more "Reasonable Restriction II"Behind every successful fortune there is a crime, wrote Mario Puzo. Truly, not everyone fears the law. How else would a Head Constable’s son be Dawood? It is magnificent that the Supreme Court has recommended to the Parliament the creation of a separate offence of lynching. While all that you read after is the charm […]
Read more "The Fear of Law and Lynching"Shyam’s Offer Shyam also met Karna and in attempt to avert war told him what no one else had told him. ‘Know that your birth mother is Kunti. By law, you are the eldest son of the man she married, Pandu. This makes you, by law, the eldest Pandava, with full rights to Pandu’s kingdom […]
Read more "Consistent Loyalty v. Contextual Thinking"I have not published 10,00,000 further words of Chief Justice A.N. Ray. Are his words at Calcutta High Court or at Supreme Court his only songs? I bow down to Hon’ble Chief Justice Dipak Misra and Hon’ble Justice Dr. D.Y. Chandrachud. They have quoted Samsher Singh v. State of Punjab, (1974) 2 SCC 831 in […]
Read more "The Revival of Ray II"
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