A case for interference has been made out. The symbol for Indian National Rupee symbol [₹] was not in existence when purported ‘Memorandum of Agreement of Tenancy’ was signed. Minakshi Bala v Sudhir Kumar, (1994) 4 SCC 142: “Court cannot usurp functions of a Trial Court to delve into and decide upon respective merits.” Court […]
Read more "Minakshi Bala, (1994) 4 SCC 142"Laxman Bisht aka Lucky Bisht was born in 1985 in Boongli, located in Pithoragarh, Uttarakhand. Father had worked with Ministry of Defence. Grandfather was a Subedar with Indian Army. 12th December, 2003 – Lucky was sent a call letter, asking him to report to Dimapur, Nagaland. 19th April, 2004 – Cadets were taken to Delhi International Airport. An IL-76, introduced in India by Indira Gandhi, […]
Read more "Oye Lucky!"According to Defendants, in olden times, hunting was a favoured sport and when setting out to hunt, whisky was often carried. ‘Stags’ were among animals which were favourites. Both are an integral part of Scottish culture and cannot be separated. ‘Stag’ is an animal. Liquor, consumed in excess, may evoke animalistic tendencies. ‘Stags’ cannot, in […]
Read more "Stags and Whiskey"Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence. Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not […]
Read more "Minimum 75% in Class XII"Aarur Tamilnadan sought a declaration: ‘Enthiran‘ is an infringing copy of Aarur’s ‘Jugiba‘, a story about a Humanoid Robo. ‘Jugiba‘ was published by ‘Iniya Udayam‘ in April, 1996. A film has a wide field, a big background. A film if by and large is a copy, violation of copyright may be said to be proved […]
Read more "Humanoid Robo"Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The information contained in Nyay: The Justice constitute publicly available information. However, to put it plainly, coincidences are one too many. It […]
Read more "SSR"Plaintiff adopted the device mark ‘Bhaiyaji Kahin’ with effect from 2016 under Classes 38 and 41. It came to Plaintiff’s knowledge in 2022, Defendant was launching a show titled ‘Bhaiya Ji Superhit’. What would be included in Class 38 would be names of TV channels; names of programmes telecast on these channels would be subject […]
Read more "Bhaiyaji"Copying is not actionable at law if it stops short of infringement or passing off. Imitation, after all, is one form of flattery. The likelihood of confusion has to be examined from point of view of a customer of average intelligence and imperfect recollection, not an amnesiac. If features of dissimilarity are numerous, with little […]
Read more "Dissimilar Trade Dress"Sir William Blackstone was the greatest exponent of common law we have ever had. But, strangely enough, when I was at Oxford I was told nothing about him. His fame was so great, he was made a Judge of Court of Common Pleas. But, like many learned men, he was not a great Judge. He […]
Read more "Golfer’s Piece of Chocolate"Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause, my memory is my memory, it does what it does, gathers and curates as it seems fit. August 30, 1997. They tried, […]
Read more "Spare"02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"Division Bench of this Court in Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547 had essentially outlawed Jallikattu and Bullock Cart Race. These bovine sports were held to be contrary to The Prevention of Cruelty to Animals Act, 1960. A. Nagaraja found, bulls, to be non-suitable for being involved in any […]
Read more "The Nature of Judicial Power: Bovine Sports"Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]
Read more "Comparative Advertising IV"In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. Principle of Parity is squarely applicable. In cases of ‘preventive detention’, […]
Read more "Principle of Parity III"‘College Romance’, Season 01, Episode 05 titled ‘Happily F****d Up’ [*5:24 to 6:40 and 25:28 to 25:46*] was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a […]
Read more "Run, D.K. Bose"Appellant, through Application No. 3757855, sought registration of ‘COCK’ word mark for ‘water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28’. The objection of Learned Senior Examiner predicated on registration granted to Chinna Nadar. Chinna Nadar’s mark is a composite device mark which includes words: ‘COCK […]
Read more "Toy Pistol"Only one Academy Award has ever been revoked in history of Oscars. ‘Young Americans’ won for Best Documentary in 1969. It was discovered, ‘Young Americans’ had played in a theater in October, 1967. Oscar was handed over to ‘Journey Into Self’. _____ 03.10.1980 – Chhabirani was gang-raped… 23.04.2002 – We are satisfied, present case is a […]
Read more "Chhabirani"Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits. It would be permissible for Legislature […]
Read more "The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna"‘SUBERB’ is not phonetically similar to ‘SUBWAY’. ‘Sub’, when used in context of sandwiches, is an abbreviation for ‘Submarine’, which represents a well-known variety of long-bodied sandwiches. Mr. Submarine Ltd. v. Bikas, 1975 CarswellOnt 1001-Mr. Submarine Ltd. v. Emma Foods, 1976 CarswellOnt 1006-Mr. Submarine Ltd. v. Haralambos Voultsos, 1977 CarswellOnt 1041 testifies to commonality of […]
Read more "Submarine"Any provision which is arbitrary, discriminatory and violative of Article 14 can be struck down. Section 10(26AAA) of The Income Tax Act, 1961 excludes Indians who have settled in Sikkim, prior to merger of Sikkim with India on 26.04.1975, but whose names are not registered as ‘Sikkim Subjects’. There is no difference and/or distinction between […]
Read more "Sikkimese"
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