No Bottle, Just Bottle

Plaintiffs claim, lock, stock and barrel copying by Defendant. Defendant labels both Plaintiffs and itself as pirates, sailing in high seas of prior art(s). Hipster Bottles were launched by Plaintiff No. 1 in India in May, 2019. Plaintiff No. 1 is Proprietor of Registered Design No. 306577 in terms of Section 2(1)(j) of The Designs […]

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Provocation

Dauvram, for murder of Brother-Dashrath, was convicted under Section 302, IPC. In our opinion, this case will fall under Exception 1 to Section 300, IPC. K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567 interpreted Exception 1 to Section 300. For determining whether or not the provocation had temporarily deprived power of self-control, […]

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Comparative Advertising

Marico’s grievance pertains to Dabur. It is alleged, impugned advertisements convey a clear message: Marico’s product is ineffective and useless. On behalf of Dabur it is contended, impugned advertisements are protected under Article 19(1)(a) and are legitimate, honest, truthful, well substantiated and statistically proven.   A balance has to be struck. An advertiser cannot, while […]

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Defamation in Commercial Suit

T.V. Today Network Limited, incorporated under The Companies Act, 1956, operating ‘AajTak’, ‘AajTak HD’, ‘India Today Television’ and ‘Good News TV’, submitted, Defendants Nos. 1 to 9 tarnished its reputation. The suit is not just for relief against ‘defamation’, which would certainly not constitute a ‘commercial suit’, but is one in which violation of ‘copyright’ […]

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Burden of Proof

It is trite to refer to tenets laid down in Palermo and Vienna Conventions. There has been a consensus, acquisition-possession-use-concealing or disguising illicit origin of illegitimately obtained money to evade legal consequences would be money-laundering. However, growth of jurisprudence in this law did not stop or end…    _____ We hold, Section 24 of The […]

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First Information Report III

It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination. _____ We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, […]

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The Writ of Habeas Corpus

Writ of Habeas Corpus has always been given due signification as an effective method to ensure release of those detained in prison. It’s a swift and imperative remedy in all cases of illegal restraint or confinement [Secretary of State for Home Affairs v. O’Brien, (1923) AC 603]. It has through ages been ‘jealously maintained’ by […]

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5 Lakhs for Supreme Court II

Himanshu Kumar claims to be running an NGO: Vanvasi Chetna Ashram. Himanshu’s Writ Petition relates to an alleged massacre on 17th September, 2009 and 1st October, 2009 in Gachhanpalli, Gompad and Belpocha situated in District of Dantewada, State of Chhattisgarh. An aggrieved person can only claim, offence he alleges be investigated properly. But, he has […]

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Claim of Juvenility III

An unfortunate incident took place on 08.09.2017 in an institution in Gurugram. Bholu’s D.o.B. – 03/04/2001. _____    The ‘preliminary assessment’ made by Juvenile Justice Board under Section 15 of The Juvenile Justice (Care and Protection of Children) Act, 2015 is under consideration. A ’preliminary assessment’ decides on transferring the case of a ‘child’ between […]

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The Case of Ayyappan and Koshi

Plaintiff’s Creative Team came across ‘Ayyappanum Koshiyum’, which was released on 07.02.2020 and was a huge success. Plaintiff sought assignment of Hindi Remake Rights. Recitals of Deed of Assignment, dated 13.05.2020, prima facie show, Remake and Dubbing Rights inter alia included making a New Cinematograph Film with Right to Dub the Malayalam Film as well […]

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Overawe

Lal Singh v. State of Gujarat, (2001) 3 SCC 221: “Court in Collector of Customs v. D. Bhoormall, (1974) 2 SCC 544 held thus, “In all human affairs absolute certainty is a myth, and — as Prof. Brett felicitously puts it — ‘all exactness is a fake’. El Dorado of absolute proof being unattainable… legal […]

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Section 1(5) of The Employees’ State Insurance Act, 1948

Government of Maharashtra, on 18/09/1978, exercising power conferred under Section 1(5) of The Employees’ State Insurance Act, 1948, extended provisions of ESI to certain classes of establishment – hotels, restaurants, shops, cinemas et cetera. Employees’ Insurance Court at Bombay, on 09/09/2021, declared, Board of Control for Cricket of India [BCCI/Board] is covered within meaning of […]

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Review of Death Penalty XXIX

We could only appreciate thoroughness of investigation, where every step was appropriately and punctually taken and all relevant processes were methodically documented. We find criticism against Legal Aid Counsel to be unfair. Manoj Pratap Singh was rightly convicted by Trial Court and his conviction has rightly been maintained by High Court. After final conclusion on […]

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Abhorrent Godhra

There was unrest and violence all across State of Gujarat…   It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]

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The Case of Three Faces

My Lord, ‘Mersal’ Infringed ‘Moondru Mugam’ Copyright? R.G. Anand v. M/s. Delux Films, (1978) 4 SCC 118 held, in order to determine whether there is substantial copying, spectator or viewer, after reading or viewing both works in question, should leave with the unmistakable impression: subsequent work is a copy of original. One of the challenges […]

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Protective Gunshots

Learned Additional Solicitor General, Ms. Aishwarya Bhati submitted, testimony of Doctor-PW10 was a clincher and left no manner of doubt: EX. CT. Mahadev had made Nandan Deb kneel down and thereafter fired two shots directly at him. Doctrine of Right to Private Defence is founded on instinct of self-preservation. Buta Singh v. State of Punjab, […]

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Kangaro

‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries. We feel, it is just […]

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