It is quite extraordinary, how word mark ‘Ganesh’ was registered without any restriction or limitation. When a mark is registered, Registering Authority may do so without any condition or limitation. Absence of a disclaimer does not always vest an exclusive right over a word mark. In our case, registration of word mark ‘Ganesh’ was without […]
Read more "Name of God"My Lord, Revocation Petition under Section 64 of The Patents Act, 1970 is subject to The Limitation Act, 1963? No. Section 2(1)(t) of The Patents Act, 1970 defines a ‘person interested’. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360 observed, a person may not be a ‘person interested’ when grant of concerned patent was […]
Read more "Section 64 of The Patents Act, 1970 I"Bharat Damodar Kale v. State of Andhra Pradesh, (2003) 8 SCC 559 and Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394 as against Krishna Pillai v. T.A. Rajendran, 1990 (Supp.) SCC 121 was Referred to a Three Judge Bench which in turn Referred to a Larger Bench. Sarah Mathew v. Institute of Cardio […]
Read more "Section 468 of The Code of Criminal Procedure, 1973"The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]
Read more "Res Ipsa Loquitur I"It is abundantly clear, Principle of Promissory Estoppel cannot be invoked for enforcing promises in teeth of provisions of law [Motilal Padampat Sugar Mills, (1979) 2 SCC 409; Amrit Banaspati Co. Ltd., (1992) 2 SCC 411; Bangalore Development Authority v. R. Hanumaiah, (2005) 12 SCC 508; State of Gujarat v. Arcelor Mittal Nippon Steel India […]
Read more "Promissory Estoppel IX"The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Court has held, every ‘disorder’ does not meet threshold of a disturbance to ‘public order’, unless it affects community at […]
Read more "Preventive Detention Statute III"“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]
Read more "The Doctrine of Basic Structure III"The principle laid down in Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghvan, (2019) 5 SCC 725 has been followed consistently in many cases where terms of an Apartment Buyer’s Agreement were found to be one-sided. The following are instances where terms of an Apartment Buyer’s Agreement were found to be oppressive, constituting an […]
Read more "Apartment Buyer’s Agreement"A mere differential treatment on its own cannot be termed as an anathema to Article 14. When there is a reasonable basis for a classification adopted by taking note of exigencies and diverse situations, Court is not expected to insist on absolute equality by taking a rigid and pedantic view as against a pragmatic one. […]
Read more "Unchartered Ocean of Policy Decision IV"While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]
Read more "Right to Property I"Plaintiff and Defendant manufacture and deal in, inter alia, high-end luxury jewellery. Where a website permits purchase of goods or services, for consideration, every Court having jurisdiction over places from which, by access to website, commercial transactions could be effected and concluded would, prima facie, have jurisdiction to deal with a case of trademark infringement. […]
Read more "Serpenti"T. Arivandandam v. T.V. Satyapal, (1977) 4 SCC 467; Azhar Hussain v. Rajiv Gandhi, 1986 Supp SCC 315; Sopan Sukhdeo Sable v. Assistant Charity Commissioner, (2004) 3 SCC 137; Rajendra Bajoria v. Hemant Kumar Jalan, 2021 SCC OnLine SC 764. Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366 had an occasion to consider various […]
Read more "The Drastic Power of Rejecting a Plaint V"A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of limitation, running in its favor, by virtue of such frauds [Pallav Sheth v. Custodian, (2001) 7 SCC 549]. Section 17 of […]
Read more "Referred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV"It is more than well-settled, Court has to avoid interpretations which will result in a head-on clash between two Sections of an Act. One provision has to be construed with reference to other provisions, so as to make a consistent enactment. Mahadeo Prasad Bais (Dead) v. Income-Tax Officer ‘A’ Ward, Gorakhpur, (1991) 4 SCC 560 […]
Read more "Backdrop of Dominant Purpose II"It is fundamental, whenever a material alteration takes place in terms of the original contract, on account of any act of omission or commission on part of one party, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood in context […]
Read more "Abandonment"Burberry Ltd. filed a suit under Sections 134 and 135 of The Trade Marks Act, 1999 and Section 55 of The Copyright Act, 1957 for a permanent injunction restraining Aditya Verma from violating proprietary rights. Learned ADJ, Patiala House Courts, New Delhi dismissed Burberry’s suit. Trial Court has completely misdirected itself in placing undue emphasis […]
Read more "Burberry"Union of India v. Avtar Singh, (1984) 3 SCC 589 held, a letter does not record a decision of Central Government under Section 33 of The Displaced Persons (Compensation and Rehabilitation) Act, 1954 so as to be a decision by Central Government. State of Orissa v. Mesco Steels Limited, (2013) 4 SCC 340 held, High […]
Read more "Non-Communicated File Notings II"Phrases – such as: ‘question of law’ – are open textual expressions, used in statutes to convey a certain meaning which Legislature would not have intended to be read in a pedantic manner. When words allow narrow as well as wide interpretations, Courts have developed art and technique of finding correct meanings by looking at […]
Read more "Question of Law"It is evident, lotteries and gambling activities, to be termed as such, must inherently have an element of ‘chance’; ‘to take a chance’ is itself synonymous to a ‘gamble’; therefore, it may be concluded, lottery is one such activity which requires a participant ‘to take a chance’ or to ‘gamble’. B.R. Enterprises v. State of […]
Read more "Taxing Lottery II"Predominantly, Indian Judiciary has time and again reiterated, ‘forum shopping’ take several hues and shades but concept of ‘forum shopping’ has not been rendered an exclusive definition in any Indian statute. Indian Judiciary’s observation and obiter dicta has aided in streamlining concept of ‘forum shopping’ in Indian legal system. Court has condemned practice of ‘forum […]
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