Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay in arresting, pursuant to ‘order of detention’, which is prima facie unreasonable, State must give reasons explaining. Bhawarlal Ganeshmalji v. State […]
Read more "Preventive Detention Statute IV"The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]
Read more "Lord Hale’s Ghost Returns"While every delay in forwarding FIRs may not necessarily be fatal, Courts may be duty bound to see effect of such delay on creditworthiness of investigation. State of Rajasthan v. Daud Khan, (2016) 2 SCC 607 interpreted ‘forthwith’ appearing in Section 157(1) of The Code of Criminal Procedure, 1973. On question of compliance of Section […]
Read more "Review of Death Penalty XXX"Reckitt states, on 15.03.1979, it registered the word mark ‘HARPIC’. HUL also manufactures and markets a toilet cleaner, which is sold under the trademark ‘DOMEX’. Learned Single Judge declined Reckitt’s prayer to interdict HUL from broadcasting a TV Commercial. It necessary, fair amount of latitude be available to advertisers. There is an element of creativeness […]
Read more "Comparative Advertising II"Plaintiffs cannot seek a restraint against Defendants from using their registered trademark ‘MINDA UTO’ for Plaintiffs do not have registration for said goods under Class 04 while Defendants do. In view of Section 31 of The Trade Marks Act, 1999 registration of the trademark is prima facie evidence of its validity in favor of Defendants. […]
Read more "Uno Minda v. Minda Uto"Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]
Read more "Domain Name III"There exists a clear conflict. It is necessary to have clarity. _____ Same-Day Sentencing in a Capital Offence violates Principles of Natural Justice and is opposed to Section 235(2) of The Code of Criminal Procedure, 1973. Dattaraya v. State of Maharashtra, (2020) 14 SCC 290; Bhagwani v. State of Madhya Pradesh, Criminal Appeal Nos. […]
Read more "Referred to Larger Bench XXXI: Two Sets of Three-Judge Benches"15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]
Read more "Exhumation"HTC Corporation v. L.V. Degao, 2022 SCC OnLine Del 953 has held, where there are two registered trademarks, registration of the later trade mark may be refused or cancelled: (i) when deception or confusion results, (ii) there is a dishonest user, (iii) subsequent use is without due cause, (iv) there is bad faith, or (v) […]
Read more "Star"If persons who participated in a selection process but who could not make it to the final list of selected candidates on account of alleged corrupt practices adopted by those in power are not ‘victims’, we do not know who else could be a ‘victim’. Section 2(wa) of The Code of Criminal Procedure, 1973. Hon’ble […]
Read more "Locus Standi in Access to Justice"Estonia-based-Plaintiff submits, Defendants are using an identical mark ‘BOLT’ with an identical color scheme. Plaintiff: SC has held, when an urgent interim relief is being sought, suit can be filed without resorting to pre-litigation mediation. Defendants: SC has held, with effect from 20.08.2022, pre-litigation mediation under Section 12A of The Commercial Courts Act, 2015 is […]
Read more "Bolt, Pre-Litigation Mediation"St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]
Read more "Writ Against Termination of Service by Private Bodies"That legislation can be struck down on ground of manifest arbitrariness is no longer open to any doubt, as has been held in Shayara Bano v. Union of India, (2017) 9 SCC 1. _____ Section 3(2) of The Prohibition of Benami Property Transactions Act, 1988 is declared as unconstitutional for being manifestly arbitrary. Section 3(2) of The Benami […]
Read more "The Doctrine of Manifest Arbitrariness"Section 12A, inserted by The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018, cannot be described as a mere procedural law. Parliament intended to give it a mandatory flavor. It is logical, just and imperative, to attempt and persevere in out-of-the-box thinking. At least when Parliament has decided to […]
Read more "The Drastic Power of Rejecting a Plaint VI"Sangeetaben Mahendrabhai Patel v. State of Gujarat, (2012) 7 SCC 621 [B.S. Chauhan and J.S. Khehar JJ] followed in V.S. Reddy and Sons v. Muthyala Ramalinga Reddy, Criminal Appeal No. 1285 of 2015 [Dipak Misra and Prafulla C. Pant JJ] has taken a different view from G. Sagar Suri v. State of U.P., (2000) 2 […]
Read more "Referred to Larger Bench XXIX: Double Jeopardy"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 […]
Read more "No Bottle, Just Bottle I"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, […]
Read more "Provocation"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 […]
Read more "Comparative Advertising I"A cargo containing fruits and vegetables was sent twice from Mumbai to Canada via London by employing services of British Airways. Those aggrieved against air carriers, are barred, even if accompanied by sufficient cause, to bring an action for damages after 2 years. Our task is to decipher Rule 30 of Second Schedule of […]
Read more "The Plea of Limitation XVIII: Air Carriers"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’ […]
Read more "Defamation in Commercial Suit"
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