Victim-Appellant, perhaps mercilessly and ruthlessly beaten up by Police Personnel present at premises of Minister-Jitendra Awhad, seeks transfer of investigation to CBI to investigate/re-investigate FIR Nos. 119 of 2020 and 120 of 2020 registered at Vartak Nagar Police Station, Thane. High Court has not committed any error in refusing to transfer investigation to CBI. But, […]
Read more "First Information Report IV"Division Bench of High Court set aside an Order of Odisha Lokayukta, in exercise of power conferred under Section 20(1) of The Odisha Lokayukta Act, 2014, to initiate a preliminary inquiry on a complaint received from Mr. Ranjan Kumar Das [Deputy Superintendent of Police, Vigilance Cell Unit, Bhubaneswar] indicating alleged corruption of Dr. Pradip Kumar […]
Read more "Primacy of Views IV: The Odisha Lokayukta Act, 2014"Ajinkya alleged, Aparna was in an adulterous relationship with Kshitij Bafna. He found certain intimate messages. Ajinkya caused a DNA test at DNA Labs India. DNA Test Report indicated, “probability of paternity is 0%.” _____ Section 112 of The Indian Evidence Act, 1872 is based on presumption of public morality and public policy [Sham Lal […]
Read more "Science for Everyone: DNA VI"While, prima facie, said classification seems reasonable, the devil lies in the details. Courts have now adopted proportionality test [Om Kumar v. Union Of India, (2001) 2 SCC 386]. A classification should come with safeguards against its potential abuse [Gujarat Mazdoor Sabha v. State of Gujarat, (2020) 10 SCC 459]. The said notification by way […]
Read more "Pushtaini, Non-Pushtaini Landholders"Half-baked Lawyers serve no purpose. – Hon’ble Justice Sanjay Kishan Kaul, Bar Council of India v. Bonnie Foi Law College, [Civil Appeal No. 969 of 2023]. The legal profession is a serious occupation and requires Advocates to maintain exemplary conduct both inside and outside Court [In Re: Sanjiv Dutta, Deputy Secretary, Ministry of Information and […]
Read more "Five Judges in February"Anna Mathews v. Supreme Court of India, [Writ Petition (Civil) No. 148 of 2023] Invariably a number of shoot down and dismissive letters and communications from all quarters are received. Only thereafter, and on consideration, Collegium of Supreme Court takes a final call, which is then communicated to Government. When eligibility is put in question, […]
Read more "Judges Judged Everyday"It is now settled, proprietor of one registered trade mark can sue proprietor of another registered trade mark [Raj Kumar Prasad v. Abbott Healthcare Pvt Ltd., (2014) 60 PTC 51, Corza International v. Future Bath Products Pvt Ltd., 2023 SCC OnLine Del 153]. It is trite, Court has to tread cautiously when it has to […]
Read more "Curse of Biscuit Cases"Deval Ravidas-Constable [Shivhar District Force]-Member [Static Armed Force], posted at Booth No. 67-Primary School, Mathura Sultanpur-Police Station: Bidupur-District: Vaishali, died due to a sun stroke/heat stroke while performing election duty for Bihar Legislative Assembly. A proximate causal relationship between an accident and a body injury is necessary [Alka Shukla v. Life Insurance Corporation of India, […]
Read more "Sun Stroke in Election Duty"The Prevention of Money-Laundering Act, 2002 provides for a two-pronged approach, one for dealing with ‘proceeds of crime’ and other for dealing with persons guilty of offence of money-laundering. As articulated in Kaushik Chatterjee v. State of Haryana, (2020) 10 SCC 92 jurisdiction of a Criminal Court is determined by (i) offence and/or (ii) offender. […]
Read more "Rana Ayyub"Appellant, through Application No. 3757855, sought registration of ‘COCK’ word mark for ‘water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28’. The objection of Learned Senior Examiner predicated on registration granted to Chinna Nadar. Chinna Nadar’s mark is a composite device mark which includes words: ‘COCK […]
Read more "Toy Pistol"
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