Sun Pharmaceutical Industries Ltd., proprietor of the trade mark ‘FORZEST’, prayed for grant of an ad-interim injunction restraining DWD Pharmaceuticals Ltd. from using the mark ‘FOLZEST’. DWD Pharmaceuticals asserted, Sun Pharmaceutical obtained above ad-interim ex-parte injunction by concealing various material facts. DWD Pharmaceuticals is a registered proprietor of ‘ZEST Family of Marks’ since 1983. Sr. […]
Read more "Family of Marks"October, 1980 – Abdul Rahman Antulay set up Indira Gandhi Pratibha Pratisthan Trust which had Respondent Nos. 2 and 3 as Trustees. It was a prayer, Court should issue a Writ of Quo Warranto declaring Respondents Nos. 2 and 3 disqualified from continuing to hold office. _____ This constitutional action stands in a class by […]
Read more "Indira Jaising"In Banchhanidhi Rath v. State of Orissa, (1972) 4 SCC 781 this Court declared, if a right is claimed in terms of a contract such a right cannot be enforced in a Writ Petition. In Har Shankar v. Dy. Excise and Taxation Commr., (1975) 1 SCC 737 a Constitution Bench of this Court observed, Writ […]
Read more "Writ Jurisdiction in Contractual Arena II / The Revival of Ray LXXXVIII"The crime is heinous. Its execution was vicious and cruel, by any stretch of imagination. The entire crime was calculated and ruthless. Our adjudication is restricted to, whether Shubam Sangra was a juvenile on date of commission of offence. The ratio discernible is, credibility and acceptability of documents would depend on facts and circumstances. We […]
Read more "Claim of Juvenility IV"An insurance contract by its very nature mandates disclosure of all ‘material facts’ by both parties. Manmohan Nanda v. United Insurance, (2022) 4 SCC 582 summarizes same. A contract meant to cover a shop situated in a basement had an exclusion clause which specified, the contract did not cover the basement. Tata AIG General Insurance […]
Read more "The Doctrine of Blue Pencil"Janhit Abhiyan v. Union of India, Writ Petition (Civil) No. 55 of 2019 As laid down by this Court, just as equals cannot be treated unequally, unequals also cannot be treated equally. Treating economically weaker sections of citizens as a separate class would be a reasonable classification and could not be termed as an […]
Read more "Compensatory Discrimination / The Revival of Ray LXXXVII"Windsurfing International Inc. v. Tabur Marine Ltd., [1985] RPC 59; England and Wales Court of Appeals in Pozzoli Spa v. BDMO SA, [2006] EWHC 1398 (Ch); F Hoffmann-La Roche Ltd. v. Cipla Ltd., 2016 (65) PTC 1 (DEL); Bristol-Myers Squibb Holdings Ireland Unlimited Company v. BDR Pharmaceuticals International Pvt. Ltd., (2020) SCC OnLine Del 1700; […]
Read more "Simplicity in Invention"Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993. The meaning of ‘ethnic’ according to Merriam-Webster Dictionary is, “of or relating to large groups of people […]
Read more "Ethnic"Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed […]
Read more "Review of Death Penalty XXXII"As discussed, right to privacy is not inheritable by heirs of deceased. Plaintiffs may have been successful if their personal right to privacy was in any way being infringed by making of this movie. But, unfortunately, no such circumstance has been pleaded by Plaintiffs. It is asserted, Plaintiffs are entitled to be left alone, to […]
Read more "Faraaz"Motilal Padampat Sugar Mills, (1979) 2 SCC 409 was authored by Bhagwati J for a Two-Judge Bench. Within 2 years, Kailasam J for a Two-Judge Bench in Jit Ram Shiv Kumar, (1981) 1 SCC 11 found fault in Motilal Padampat Sugar Mills and held, observations made were not in tune with Judgments of Constitution Benches […]
Read more "Promissory Estoppel X"High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]
Read more "Review of Death Penalty XXXI"The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. Equality before law cannot be breached by State on basis of […]
Read more "Referred to Larger Bench XXXII: Hijab II"Learned Single Judge has dealt with arguments and contentions raised by SOOTHE and has rightly reached a prima facie conclusion, DABUR’s mark does not infringe SOOTHE’s trademark and DABUR is not passing off its goods as those of SOOTHE. As rightly argued by DABUR and decided by Learned Single Judge, ‘SUPER’ is descriptive and laudatory. […]
Read more "Vibhu Bakhru & Amit Mahajan JJ"It is evident, Plaintiff has a registered trade mark – ‘NO TURN’. Plaintiff has been in continuous use of this trade mark since 15.01.2008. Defendant is the prior user of the mark since 2007. The use of the mark by Defendant is intermittent and not voluminous so as to establish the defence under Section 34 […]
Read more "No Turn"‘Classic Trinity Test’ of ‘Goodwill, Misrepresentation and Damages’ [Reckitt and Colman Products Ltd. v. Borden Inc, [1990] 1 All ER 873] – Satisfied. _____ Both parties claim proprietary rights and utilize the mark ‘GeoCrete’ in respect of identical goods. To permit concurrent use, in factual situation noted, would cause public confusion and result in violation […]
Read more "One Mark, One Source, One Proprietor"The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]
Read more "Ex Debito Justitiae II"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"
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