Comparative Advertising IV

Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]

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Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement

Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect.   Arbitration Act does not specifically […]

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Compound Interest

A wide variety of rival submissions have been presented before us on whether Consumer Fora had been justified in awarding and approving ‘compound interest’. An attempt to seek ‘compound interest’ in such real estate dealings did not meet with approval of this Court and in Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, (2021) 3 […]

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Principles of Natural Justice VIII / The Revival of Ray XCI

RBI has been issuing ‘Master Directions’ on diverse issues since 2016. Every proceeding which involves civil consequences or adversely affects a citizen should be in accordance with Principles of Natural Justice. Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 held, since blacklisting affects privileges of a blacklisted person, fundamentals […]

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SC Resolves Conflict Between NI Act & IBC

Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]

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Drugs & Cosmetics

It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940. S. Athilakshmi had not ‘stocked’ medicines for […]

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The Proof of Valid Wills V

The presumption under Section 90 of The Evidence Act, 1872 is inapplicable when it comes to proof of Wills which have to be proved in terms of Sections 63(c) of The Succession Act, 1925 and Section 68 of The Evidence Act, 1872 [M.B. Ramesh v. K.M. Veeraje Urs, (2013) 7 SCC 490]. There are often […]

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Magic Formula

My Lord, Political Question? No. Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.” Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path. Appointment […]

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Unchartered Ocean of Policy Decision V / The Demonetization Recommendation

Shri P. Chidambaram submits, result of demonetization was disastrous. But, if Notification No. 3407(E) [08.11.2016] had a nexus with objectives to be achieved, Notification No. 3407(E) [08.11.2016] would not be bad in law merely because some citizens suffered through hardships. It will not be proper for Court to enter into an area which should be […]

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Comparative Advertising III

‘GLUCON-D TANGY ORANGE’ v. ‘DABUR GLUCOPLUS-C ORANGE’   The TV commercial identifies ‘orange glucose’ as ‘product category’. But, is it disparaging in nature? Disparagement is an act of belittling someone’s goods or services with a misleading remark. The TV Commercial does not disparage any ‘orange glucose’ drink. Disparagement cannot be a far-fetched inference. It would […]

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The Revival of Ray XC

Constitution Bench in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 held, the words ‘rules’ and ‘regulations’ are used in an Act to limit powers of a statutory authority; any action of such bodies in excess of their power or in violation of restrictions placed is ultra vires; statutory bodies cannot use […]

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Quia Timet III

Learned Counsel for Appellant-Defendant states, Learned Single Judge has erred in not considering: Respondent-Plaintiff had bypassed Section 12A of The Commercial Court Act, 2015, which prescribes pre-institution mediation as a mandatory requirement. Respondent-Plaintiff is not only a prior adopter but also a prior registrant and allegation of suppression is irrelevant. Court is in agreement, packaging […]

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