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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

[Intellectual] Forum Shopping III

Since 2019, Courts where IPR cases are being listed in Delhi: District Judges/ADJs (Non-Commercial) for suits valued below Rs. 3 Lakhs; District Judges/ADJs (Commercial) for suits valued between Rs. 3 Lakhs till Rs. 2 Crores; Commercial Division of High Court (Original Jurisdiction) for suits above Rs. 2 Crores. Can District Judges (Commercial) entertain IPR suits […]

Bail For Narcotics

Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022. Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be […]

How Gourango Lost His O

CAUTION: NOT ALL IS REVEALED, NOT ALL IS EXPLAINED “Bhai, I want you to come with me…” he paused, unsure. “Where to?” Gourango blurted out impatiently. “To the Nizamuddin Dargah. Today is Thursday. They have qawwali singers who shall sing for the Saint. I am going. I would be so honoured if you would come […]

Science For Everyone: DNA V / Review of Death Penalty XXVIII

Dharam Deo Yadav v. State of U.P., (2015) 5 SCC 509 discussed reliability of DNA evidence. Pantangi Balarama Venkata Ganesh, (2009) 14 SCC 607; Santosh Kumar Singh, (2010) 9 SCC 747; John David, (2011) 5 SCC 509; Krishan Kumar Malik, (2011) 7 SCC 130; Surendra Koli, (2011) 4 SCC 80; Sandeep, (2012) 6 SCC 107; […]

The Rules of The Game Principle VII

The principle of a ‘public servant holding office at pleasure’ of a President or Governor is incorporated in Article 310. See, Roshan Lal Tandon v. Union of India, (1968) 1 SCR 185; Union of India v. Tulsiram Patel, (1985) 3 SCC 398; B.P. Singhal v. Union of India, (2010) 6 SCC 331. _____ We have […]

Review of Death Penalty XXVII

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 […]

Conjugal Expectation of Lord Hale’s Ghost

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 […]

Resides in Madras Presidency

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 […]

Referred to Larger Bench XXVIII: Chloro Controls

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 […]

The Doctrine of Separation of Powers II

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 […]

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 […]

Dialogic Jurisdiction III / The Revival of Ray LXXXIV

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, […]

Non-Signatories to Arbitration III

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 & […]

The British School, New Delhi

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 […]

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