Sub-Section 7 of Section 31 deals with pre-award and post-award interest. Hyder Consulting (UK) Limited v. Governor, State of Orissa (2015) 2 SCC 189 overruled State of Haryana v. S.L. Arora, (2010) 3 SCC 690. Justice Sapre was of view, Arbitrator only has discretion to determine rate of post-award interest. Justice Bobde did not […]
Read more "Section 31(7) of The Arbitration Act X"Amendments made by Arbitration Amendment Act, 2019 have been somewhat a non-starter. _____ Fourth Schedule came into effect on 23.10.2015. Fourth Schedule is not applicable to International Commercial Arbitrations and where Arbitrators’ Fees are to be determined in accordance with Rules of Arbitral Institutions. _____ Arbitrator’s Fees must be fixed at inception to avoid unnecessary […]
Read more "Fourth Schedule Fee"Estonia-based-Plaintiff submits, Defendants are using an identical mark ‘BOLT’ with an identical color scheme. Plaintiff: SC has held, when an urgent interim relief is being sought, suit can be filed without resorting to pre-litigation mediation. Defendants: SC has held, with effect from 20.08.2022, pre-litigation mediation under Section 12A of The Commercial Courts Act, 2015 is […]
Read more "Bolt, Pre-Litigation Mediation"Section 18 of The Maharashtra Control of Organized Crime Act, 1999 uses the expression, “not below the rank of the Superintendent of Police.” Nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441 observed, “not only is the word ‘primacy’ inextricably linked up with the words ’rank’ and ‘precedence’ but […]
Read more "[Rank] Investigation III"St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]
Read more "Writ Against Termination of Service by Private Bodies"Justice S. Talapatra along with Chief Justice T. Vaiphei, as Judges of High Court of Tripura on 31.10.2017, struck down Rule 3(3) of The Tripura State Civil Services (Revised Pension) Rules, 2009. At present, Justice S. Talapatra is Judge No. 3 at High Court of Orissa. _____ When specific statistics were provided before High […]
Read more "Pension is Not a Bounty III"That legislation can be struck down on ground of manifest arbitrariness is no longer open to any doubt, as has been held in Shayara Bano v. Union of India, (2017) 9 SCC 1. _____ Section 3(2) of The Prohibition of Benami Property Transactions Act, 1988 is declared as unconstitutional for being manifestly arbitrary. Section 3(2) of The Benami […]
Read more "The Doctrine of Manifest Arbitrariness"There is a serious dispute on validity of registration of design granted to Plaintiff on 22.04.2016. Defendant, at least prima facie, has been able to rebut presumption of validity of registration. The term ‘proprietor of a new or original design’ is defined in Section 2(j) of The Designs Act, 2000. Plaintiff, being an importer of […]
Read more "Design No. 282812 : LED Surface Light"Three Judges, on 11.01.2021, in Union of India v. M/s. Tantia Constructions Limited, Special Leave Petition (Civil) 12670 of 2020 prima facie disagreed with Three Judges in Central Organisation for Railway Electrification v. M/s. ECI-SPIC-SMO-MCML (JV), Civil Appeal No. 9486-9487 of 2019. Three Judges, on 16.08.2022, in JSW Steel v. South Western Railway, Special Leave […]
Read more "Referred to Larger Bench XXX: Section 12(5) of The Arbitration Act V"Section 12A, inserted by The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018, cannot be described as a mere procedural law. Parliament intended to give it a mandatory flavor. It is logical, just and imperative, to attempt and persevere in out-of-the-box thinking. At least when Parliament has decided to […]
Read more "The Drastic Power of Rejecting a Plaint VI"It is clear, a Writ of Mandamus or a direction in the nature of a Writ of Mandamus is not to be withheld, in exercise of powers of Article 226, on any technicalities. This is subject only to indispensable requirements being fulfilled. There must be a public duty. While the duty may, indeed, arise form […]
Read more "The Writ of Mandamus III"Sangeetaben Mahendrabhai Patel v. State of Gujarat, (2012) 7 SCC 621 [B.S. Chauhan and J.S. Khehar JJ] followed in V.S. Reddy and Sons v. Muthyala Ramalinga Reddy, Criminal Appeal No. 1285 of 2015 [Dipak Misra and Prafulla C. Pant JJ] has taken a different view from G. Sagar Suri v. State of U.P., (2000) 2 […]
Read more "Referred to Larger Bench XXIX: Double Jeopardy"Court is vested with a broad and wholesome power, in terms of Section 311, to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar. Court is not a hapless bystander in derailment of justice. Court has a vital role to discharge […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 III"Plaintiffs claim, lock, stock and barrel copying by Defendant. Defendant labels both Plaintiffs and itself as pirates, sailing in high seas of prior art(s). Hipster Bottles were launched by Plaintiff No. 1 in India in May, 2019. Plaintiff No. 1 is Proprietor of Registered Design No. 306577 in terms of Section 2(1)(j) of The Designs […]
Read more "No Bottle, Just Bottle I"Learned Counsel for Appellant has submitted, Complainant has a close nexus with Police Department as his Father is a Retired Inspector and his Brother and Sister are also Police Officers. Appellant has also brought to notice, Complainant had registered another criminal case in which Appellant already stands acquitted. Appellant claims to be falsely implicated, owing […]
Read more "Remains of Gunpowder"Dauvram, for murder of Brother-Dashrath, was convicted under Section 302, IPC. In our opinion, this case will fall under Exception 1 to Section 300, IPC. K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567 interpreted Exception 1 to Section 300. For determining whether or not the provocation had temporarily deprived power of self-control, […]
Read more "Provocation"Marico’s grievance pertains to Dabur. It is alleged, impugned advertisements convey a clear message: Marico’s product is ineffective and useless. On behalf of Dabur it is contended, impugned advertisements are protected under Article 19(1)(a) and are legitimate, honest, truthful, well substantiated and statistically proven. A balance has to be struck. An advertiser cannot, while […]
Read more "Comparative Advertising I"A cargo containing fruits and vegetables was sent twice from Mumbai to Canada via London by employing services of British Airways. Those aggrieved against air carriers, are barred, even if accompanied by sufficient cause, to bring an action for damages after 2 years. Our task is to decipher Rule 30 of Second Schedule of […]
Read more "The Plea of Limitation XVIII: Air Carriers"T.V. Today Network Limited, incorporated under The Companies Act, 1956, operating ‘AajTak’, ‘AajTak HD’, ‘India Today Television’ and ‘Good News TV’, submitted, Defendants Nos. 1 to 9 tarnished its reputation. The suit is not just for relief against ‘defamation’, which would certainly not constitute a ‘commercial suit’, but is one in which violation of ‘copyright’ […]
Read more "Defamation in Commercial Suit"Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 concluded, Nemai Chandra Kumar & Ors. were “Thika Tenants” within the meaning of Section 2(5) of The Calcutta Thika Tenancy Act, 1949. It was held, “Any Structure” includes both ‘Kutcha’ (temporary) or ‘Pucca’ (permanent) Structure. Mani Square Limited’s Review Petition (Civil) No. 1483 of 2015 succeeded […]
Read more "Thika Tenancy IV"
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