Care for Elders ≠ Old Age Home

Law recognizes three types of possession –  of an owner, as a tenant and permissive possession, possession which otherwise would be illegal or of a trespasser. We are concerned with permissive possession. The possession of Rajendra Prasad Agarwal and Meera Agarwal in a room of an Old Age Home is of a licensee permitted to […]

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Non-Signatories to Arbitration III

The principle for binding Non-Signatories as laid down in Chloro Controls India Pvt. Ltd. v. Severn Trent Water Purification Inc., (2013) 1 SCC 641 was applied in context of a Domestic Arbitration in Ameet Lalchand Shah v. Rishabh Enterprises, (2018) 15 SCC 678. Three-Judge Bench of this Court in Cheran Properties Ltd. v. Kasturi & […]

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The Contra Proferentem Rule VII

Reconciliation of ambiguous terms in commercial contracts has been a contentious issue across jurisdictions. Rainy Sky SA v. Kookmin Bank, [2011] UKSC 50 provided for resolution of such ambiguity, keeping ‘business common sense’ as central. The principle was further developed by UK Supreme Court in Arnold v. Britton, [2015] UKSC 36. A decisive method was […]

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Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II

State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]

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Disciplinary Proceedings VIII

Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]

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Disciplinary Proceedings VII

M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]

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Domain Name I

According to Snapdeal, by offering for registration, domain names which include ‘Snapdeal’, Domain Name Registrars (DNRs) are facilitating infringement of Snapdeal’s registered mark and are also themselves infringers within meaning of Sections 28 and 29 of The Trade Marks Act, 1999. If domain names are deceptively similar to ‘Snapdeal’, GoDaddy is indulging in infringement of […]

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Res Ipsa Loquitur I

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 […]

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Promissory Estoppel IX

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 […]

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Apartment Buyer’s Agreement

The principle laid down in Pioneer Urban Land & Infrastructure Ltd. v. Govind 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 […]

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Right to Property

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 […]

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Abandonment

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 […]

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Taxing Lottery II

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 […]

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