In Hindi-movies, there are quite a few library-scenes and scenes of a character reading. One may consider, When Eight Bells Toll (Alistair MacLean) in Aradhana (1969, dir. Shakti Samanta); You’ll Never Eat Lunch In This Town Again (Julia Phillips) in Khel (1992, dir. Rakesh Roshan); The Celestine Prophecy (James Redfield) in Dil To Pagal Hai […]
Read more "The Whiff of Money"“S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 had occasion to consider the requirements of Section 141. “What is required is that the persons who are sought to be made criminally liable under Section 141 should be at the time the offence was committed, in charge of and responsible to the company for […]
Read more "Section 141, The NI Act I"“Doctrine of Contemporanea Expositio is applied as a guide to the interpretation of a statute or even document by referring to the exposition that the same had received from competent authority at the relevant point of time. An exposition standing for a long length of time is considered to be a law settled and is […]
Read more "The Doctrine of Contemporanea Expositio II"E.P. Royappa, (1974) 4 SCC 3 is clear, the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is woven, […]
Read more "The Tenth Schedule"“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and the statutory duty which replaced it was also absolute.” – Diplock L.J., Griffiths v. […]
Read more "Lord Wright / The Fall of Clock Tower"“Anvar, (2014) 10 SCC 472 made it clear that, special provisions of Sections 65A and 65B of The Indian Evidence Act, 1872 are a complete code in themselves when it comes to admissibility of evidence of information contained in electronic records and also a written certificate under Section 65B(4) is a sine qua non for […]
Read more "Section 65A, 65B of The Indian Evidence Act"If you have incomplete information on how a particular law has progressed, it is very likely your skill before Court would produce, every now and then, a significant margin of error. Eashan Ghosh’s efforts with ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’, (Thomson Reuters, 2020) is highly commendable. It is not for […]
Read more "Article No. 840: An Honest Concurrent Use"“The remedy under Order 7, Rule 11 is an independent and special remedy. In Azhar Hussain v. Rajiv Gandhi, 1986 Supp. SCC 315 this Court held, the whole purpose of conferment of powers under this provision is to ensure, a litigation which is meaningless, and bound to prove abortive, should not be permitted to waste […]
Read more "The Drastic Power of Rejecting a Plaint III"Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]
Read more "Rudra – Shiva"
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