Contracts of Insurance VIII

An insurance is a contract of indemnification, being a contract for a specific purpose [Oriental Insurance Co. Ltd. v. Sony Cheriyan, (1999) 6 SCC 451], which is to cover defined losses [United India Insurance Co. Ltd. v. Levis Strauss (India) (P) Ltd., (2022) 6 SCC 1]. Courts have to read an insurance contract strictly. Essentially, […]

Promotional Trailers

A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on television and online, which contained a song in form of a video. Afreen Fatima Zaidi states, ‘Fan‘ did not contain the song, even though the song was […]

The Rules of The Game Principle X

Pt. Deendayal Upadhyaya Institute for Physically Handicapped called for appointment of Primary School Teachers and reserved a right to evaluate, review its process of selection at any stage. This one is a classic case of arbitrary action. While primary duty of Constitutional Courts remains control of power, including setting aside of illegal or arbitrary actions, such […]

Forfeiture in Public Auctions

Learned Senior Counsel, Dr. S. Muralidhar vehemently submitted no error could be said to have been committed by High Court. We set aside. Harshness of a provision is no reason to ‘Read Down’ same. _____ Privy Council in Kunwar Chiranjit Singh v. Har Swarup, (1926) 23 LW 172 was referred to and relied upon by […]

Earlier Clause v. Later Clause

A proposition traceable to Forbes v. Git, [1922] 1 AC 2564 was approvingly taken note of by a Three-Judge Bench of this Court in Radha Sundar Dutta v. Mohd. Jahadur Rahim, AIR 1959 SC 24. “If in a deed an earlier clause is followed by a later clause which destroys altogether the obligation created by […]

Adani Group of Companies

‘Acceptance of a Brief by a Lawyer’ in 2007 cannot be construed to reflect ‘bias’ or even a ‘likelihood of bias’ in 2023. There is an absence of proximity both in terms of time and subject matter. Writ Petitions filed before this Court raised concerns over precipitate decline in investor wealth and volatility in share […]

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

Curative Petition (C) No. 44 of 2023 Review Petition (C) No. 704 of 2021 Civil Appeal No. 1599 of 2020 _____ Approach of Majority in N.N. Global 2 would render unstamped agreements void ab initio and not void. _____ We enter into contracts or agreements several times in our interactions with others. To hold an […]

Referred to Larger Bench XXVIII Answered: Chloro Controls

Vladimir Nabokov and T.S. Elliot eulogized Ulysses as a divine work of art. Virginia Woolf and Aldous Huxley criticized Ulysses for being technical and boring. It is celebrated by some, reviled by many others. Yet, its legacy continues. The Doctrine of Group of Companies. It provides, an Arbitration Agreement which is entered into by a Company within a Group […]

Honourable Acquittal VI

“Expressions like ‘benefit of doubt’ and ‘honourably acquitted’ are not to be understood as magic incantations. Court of law will not be carried away by mere use of such terminology. Court is obliged to examine substance.” _____ My Lord, Ram Lal altered Date of Birth from 21.04.1974 to 21.04.1972 in 8th Standard Marksheet? No. Ram Lal was a Constable […]

Contracts of Insurance VII

Notably, in earlier cases like Galada Power and Telecommunication Ltd. v. United India Insurance Co. Ltd., (2016) 14 SCC 161 and Saurashtra Chemicals Ltd. v. National Insurance Co. Ltd., (2019) 19 SCC 70 it was declared, new grounds for repudiation cannot be introduced during hearing if they were not included in repudiation letter. This legal […]

The Rules of The Game Principle IX

Himachal Pradesh Public Service Commission invited applications from eligible candidates against 8 vacancies for a post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service. Out of total 8 vacancies, 6 were ‘existing vacancies’ and 2 were ‘anticipated vacancies’. The purpose of a ‘waiting list’ is only to fill shortfall of ‘clear and anticipated […]

The Rules of The Game Principle VIII

One issue in Bank of India v. Aarya K. Babu, (2019) 8 SCC 587 was, whether a particular educational qualification made eligible after issue of recruitment notification could have been considered for purposes of recruitment. Court held, if there is any change in qualification criteria after notification is issued but before completion of selection process, […]

Disciplinary Proceedings IX

P. Zadenga was employed in State Bank of India, Dawrpui Branch, Aizawl. He was a delinquent employee and contended, disciplinary proceedings should be either dropped or closed since criminal cases, arising from same set of transactions, were pending. It may be desirable or, in certain circumstances, advisable for disciplinary proceedings to be stayed when criminal […]

Medical Negligence and Consumer Law IV

Court cannot be oblivious of times when a warlike situation prevailed. It cannot also ignore or be blind to certain realities. In opinion of this Court, rather casual and superficial attention was paid to blood transfusion. These facts establish medical negligence. Bolam Test has gained widespread acceptance and application in Indian jurisprudence. CPL Ashish Kumar […]

Hudson, Emden, Eichleay

McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]

Non Est Factum

The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of […]

Bhaiyaji

Plaintiff adopted the device mark ‘Bhaiyaji Kahin’ with effect from 2016 under Classes 38 and 41. It came to Plaintiff’s knowledge in 2022, Defendant was launching a show titled ‘Bhaiya Ji Superhit’. What would be included in Class 38 would be names of TV channels; names of programmes telecast on these channels would be subject […]

Dissimilar Trade Dress

Copying is not actionable at law if it stops short of infringement or passing off. Imitation, after all, is one form of flattery. The likelihood of confusion has to be examined from point of view of a customer of average intelligence and imperfect recollection, not an amnesiac. If features of dissimilarity are numerous, with little […]

Random Collectibles of Justice M.R. Shah at Supreme Court

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]. […]

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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