Domain Name II

Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]

Furlough II

Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]

104 Kilograms of Sea Gold

On receiving an intelligence input, Directorate of Revenue Intelligence had intercepted a Pakistan Flag Ship, ‘Al Madina’, in Indian territorial waters on 21/05/2019. Narcotics were being clandestinely brought into Gujarat from Pakistan. During interrogation, Captain stated, delivery had to be made at a particular position on sea for which a communication was to be sent […]

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 […]

Political Vendetta

Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]

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 […]

Medical Negligence and Consumer Law III

Dr. Harish Kumar Khurana v. Joginder Singh, (2021) 10 SCC 291 held, hospital and doctors are required to exercise sufficient care in treating patients in all circumstances. However, in an unfortunate case, death may occur. It is necessary, sufficient material on medical evidence is available to conclude: death is due to medical negligence. A medical […]

Review of Death Penalty XXVI

Having regard to circumstances, preceding and following deceased being last seen together with accused, Court has no hesitation in holding, prosecution had proved beyond reasonable doubt all circumstances, so conclusive as to rule out possibility of any other hypothesis except guilt. We deem it proper to commute Death Sentence to Life Imprisonment. The only […]

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 […]

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 […]

Section 468 of The Code of Criminal Procedure, 1973

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 […]

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 […]

Preventive Detention Statute III

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 […]

Question of Law

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 […]

Disciplinary Proceedings VI

The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of service rules governing relationship of employment. Unlike a criminal prosecution, where charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to […]

Referred to Larger Bench XXVI: Offence

The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]

Cessante Ratione Legis Cessat Ipsa Lex

Manoj Kumar Khokhar v. State of Rajasthan, 2022 SCC OnLine SC 30 and Jaibunisha v. Meharban, 2022 SCC OnLine 58 after duly acknowledging, liberty of an individual is an invaluable right, held, granting bail, if passed in a casual and cryptic manner, de hors reasoning which would validate grant of bail, is liable to be […]

Bulls in Truck

Judicial Magistrate, First Class, Agar Malwa asked, whether there was motive of ‘slaughter of seventeen bulls’? No offence was made out. Abdul Vahab was acquitted. But, subsequently, there was a Confiscation Order, dated 09/08/2017, for Abdul’s Truck [MP/09/GF/2159], passed under Section 11(5) of The M.P. Prohibition of Cow Slaughter Act, 2004 and Rule 5 of […]

Mafia Queens of Mumbai

There are no materials. A photocopy of a Ration Card, unsupported by any other material, does not even prima facie establish Shri Babuji Rawji Shah was adopted by Gangubai. A film carrying a message and depicting social circumstances of a group of underprivileged women is not impermissible. Nowhere has Shri Babuji Rawji Shah adverted to […]

Subordinate Officer

My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]

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