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"I express my inability to agree with Justice Ajay Rastogi. The status of a person whether he belongs to SC or ST category depends on caste which he belongs to by birth, and such status would remain unchanged and would be static. The status of a person whether he belongs to OBC-NCL/MBC-NCL/EWS would depend upon […]
Read more "Referred to Larger Bench XXXV: Dynamic Status"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 […]
Read more "Comparative Advertising IV"Law of abandonment is based upon the maxim ‘invito beneficium non datur’. It means, law confers upon a man no rights or benefits which he does not desire. In P. Dasa Muni Reddy v. P. Appa Rao, (1974) 2 SCC 725 this Court held, “abandonment of right is much more than mere waiver, acquiescence or […]
Read more "Invito Beneficium Non Datur / The Revival of Ray XCII"Neeti Malviya, T.P. (C) No. 899 of 2007 was rendered infructuous. _____ My Lord, Court can grant divorce in exercise of power under Article 142(1), in spite of opposition, when there is complete and irretrievable breakdown of marriage? Yes. There is a difference between existence of a power and exercising same. Court should not philosophise […]
Read more "Irretrievable Breakdown of Marriage III"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 […]
Read more "Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement"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 […]
Read more "Compound Interest"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 […]
Read more "Principles of Natural Justice VIII / The Revival of Ray XCI"This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility. It has crossed our mind, whether a boy of 12 years could commit […]
Read more "Claim of Juvenility V / Review of Death Penalty XXXV"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. […]
Read more "SC Resolves Conflict Between NI Act & IBC"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 […]
Read more "Drugs & Cosmetics"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 […]
Read more "The Proof of Valid Wills V"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 […]
Read more "Magic Formula"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"R.K. Garg v. Union of India, (1981) 4 SCC 675 laid down, laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion, et cetera. Bhavesh D. Parish v. Union of India, (2000) 5 SCC 471 observed, while dealing with economic legislation, Court would […]
Read more "Unchartered Ocean of Policy Decision VI"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 […]
Read more "Unchartered Ocean of Policy Decision V / The Demonetization Recommendation"‘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 […]
Read more "Comparative Advertising III"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 […]
Read more "The Revival of Ray XC"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 […]
Read more "Quia Timet III"My Lord, Allegations in Plaint are Sufficient? No. In assessing whether a quia timet plaint can be rejected outright [Order 7, Rule 11], Teva Pharmaceutical Industries v. Natco Pharma Limited, (2014) 212 DLT 321 cautions, a quia timet action must not be speculative, merely alleging without factual basis. The statement of claim must allege […]
Read more "Quia Timet II / The Drastic Power of Rejecting a Plaint VII"
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