For awarding termination of natural life, a careful scrutiny is required. In short, ‘crime test’ and ‘criminal test’ required to be followed before awarding Capital Sentence, did not gather required attention of Trial Court as also High Court. It is true, all murders are inhuman. For imposing Capital Sentence, crime must be uncommon in nature […]
Read more "Review of Death Penalty XXVII"What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"Ultimately, question of ‘residence’ in every case depends on facts. But, ‘resides’ usually means something more than a flying visit or a casual stay [Jagir Kaur v. Jaswant Singh, (1964) 2 SCR 73]. V. Prakash could least be said to be a person visiting India casually or as a transit tourist. Term in question about […]
Read more "Resides in Madras Presidency"Court must examine ambit of Doctrine of Group of Companies. Ever since expounded in Chloro Controls India Pvt. Ltd. v. Severn Trent Water Purification Inc., (2013) 1 SCC 641 it has been utilized in a varied manner. Mahanagar Telephone Nigam Ltd. v. Canara Bank, (2020) 12 SCC 767 observed, Group of Companies Doctrine can be […]
Read more "Referred to Larger Bench XXVIII: Chloro Controls"The Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (‘State Act’) was reserved for consideration of President of India and Presidential assent has been obtained. Recently, G. Mohan Rao v. State of Tamil Nadu, 2021 SCC OnLine SC 440 has observed, whole exercise of pointing out any repugnancy, after receiving assent of […]
Read more "The Doctrine of Separation of Powers 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 […]
Read more "Domain Name II"Court in a series of decisions has reiterated, Courts should not rush in where even scientists and medical experts are careful to tread. We cannot evolve a judicial policy on medical issues. However, Court certainly must defend assertion of fundamental rights against Executive tyranny draped in disciplinary power [Pyarali K. Tejani v. Mahadeo Ramchandra Dange, […]
Read more "Dialogic Jurisdiction III / The Revival of Ray LXXXIV"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 & […]
Read more "Non-Signatories to Arbitration III"The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]
Read more "The British School, New Delhi"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 […]
Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"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 […]
Read more "Political Vendetta"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 […]
Read more "Disciplinary Proceedings VIII"Dr. Harish Kumar Khurana v. Joginder, (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 practitioner […]
Read more "Medical Negligence and Consumer Law III"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 […]
Read more "Review of Death Penalty XXVI"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 […]
Read more "Disciplinary Proceedings VII"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 […]
Read more "Domain Name 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 […]
Read more "Res Ipsa Loquitur I"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 […]
Read more "Promissory Estoppel IX"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 […]
Read more "Preventive Detention Statute III"“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]
Read more "The Doctrine of Basic Structure III"
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