Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down correct law. It appears, attention of Learned Judges was not invited to T. Devaki v. Government of Tamil Nadu, (1990) 2 SCC 456 […]
Read more "Preventive Detention Statute V"The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of […]
Read more "Non Est Factum"It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue provides for doing a thing to be done in a particular manner, it can be done in no other manner. […]
Read more "Strict Construction of Election Law"Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence. Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not […]
Read more "Minimum 75% in Class XII"Infringement, unlike passing off, is to be decided on a plain comparison of rival marks. Goodwill and reputation have little, if any, part to play. The matter has to be examined from the perspective of a customer of average intelligence and imperfect recollection, who is neither a genius nor a fool. One may, in a […]
Read more "Initial Interest Confusion"When an investigation reveals new materials to be confronted with, a need for custody might arise subject to satisfaction of a Magistrate. State of Rajasthan v. Basant Agrotech (India) Ltd., (2013) 15 SCC 1 dealt with the words ‘time to time’: “Black’s Law Dictionary defined as follows, “occasionally, at intervals, now and then.” Stroud’s Judicial […]
Read more "Time to Time"Dr. Anand Teltumbde v. National Investigation Agency, 2022 SCC OnLine Bom 5174 has not been interfered with. _____ Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602; Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya, (1990) 4 SCC 76 and Usmanbhai Dawoodbhai Memon v. State of Gujarat, (1988) 2 SCC 271] were […]
Read more "Vernon’s Bail"Aarur Tamilnadan sought a declaration: ‘Enthiran‘ is an infringing copy of Aarur’s ‘Jugiba‘, a story about a Humanoid Robo. ‘Jugiba‘ was published by ‘Iniya Udayam‘ in April, 1996. A film has a wide field, a big background. A film if by and large is a copy, violation of copyright may be said to be proved […]
Read more "Humanoid Robo"It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are, hence, duty bound to examine allegations without being unduly hyper-technical in their approach. Bhim Rao Baswanth Rao Patil defeated K. Madan […]
Read more "Monstrosity of Winnability III"Chandrasekhara Aiyar J in Basdev v. State of Pepsu, AIR 1956 SC 488 observed, “demarcating line between ‘knowledge’ and ‘intention’ is no doubt thin.” Das Gupta J in Smt. Mathri v. State of Punjab, AIR 1964 SC 986 explained ‘intent’. It is derived from ‘archery’ or ‘aim’. It can only be deduced or inferred. Some […]
Read more "Intent"A conjoint reading of Section 34 of The Protection of Children from Sexual Offences Act, 2012 and Section 94 of The Juvenile Justice (Care and Protection of Children) Act, 2015 indicates hierarchy of documents to be accepted. No document produced was a date of birth certificate from a school or a matriculation or equivalent certificate. […]
Read more "Hierarchy of Documents / Claim of Juvenility VI"Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The information contained in Nyay: The Justice constitute publicly available information. However, to put it plainly, coincidences are one too many. It […]
Read more "SSR"The role of Judiciary is to ensure, Legislature and Executive function within constitutional limits. Court has held, effect of Judgments can be nullified. However, nullification of Mandamus would be an impermissible legislative exercise. Respondent No. 1 could not have issued Orders, dated 17.11.2021 and 17.11.2022, in breach of Mandamus issued. – Hon’ble Justice B.R. Gavai, […]
Read more "The Writ of Mandamus IV"The blast at hand was not an isolated incident. It was part of an international conspiracy which was masterminded by A11, Bilal Ahmed Beg, who never faced trial. It is proved beyond reasonable doubt, A3 not only hatched a criminal conspiracy but also actively participated in procurement of materials. He failed to justify incriminating circumstances. […]
Read more "Review of Death Penalty XXXVII"A disquieting trend has gained pace in recent times. An inclusion of payment of money as a condition for bail tends to create an impression, bail could be secured by depositing money alleged to have been cheated. We may, however, not be understood to have laid down, in no case should willingness to make payment […]
Read more "Money for Bail"Plaintiff adopted the device mark ‘Bhaiyaji Kahin’ with effect from 2016 under Classes 38 and 41. It came to Plaintiff’s knowledge in 2022, Defendant was launching a show titled ‘Bhaiya Ji Superhit’. What would be included in Class 38 would be names of TV channels; names of programmes telecast on these channels would be subject […]
Read more "Bhaiyaji"Copying is not actionable at law if it stops short of infringement or passing off. Imitation, after all, is one form of flattery. The likelihood of confusion has to be examined from point of view of a customer of average intelligence and imperfect recollection, not an amnesiac. If features of dissimilarity are numerous, with little […]
Read more "Dissimilar Trade Dress"Sir William Blackstone was the greatest exponent of common law we have ever had. But, strangely enough, when I was at Oxford I was told nothing about him. His fame was so great, he was made a Judge of Court of Common Pleas. But, like many learned men, he was not a great Judge. He […]
Read more "Golfer’s Piece of Chocolate"Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause, my memory is my memory, it does what it does, gathers and curates as it seems fit. August 30, 1997. They tried, […]
Read more "Spare"02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"
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