The Nature of Judicial Power: Chief Justice of India No. 58

Hon’ble High Court Hon’ble Chief Justice Date of Birth Calcutta Prakash Shrivastava 31/03/1961 Bombay Dipankar Datta 09/02/1965 Madras Munishwar Nath Bhandari 13/09/1960 Allahabad Rajesh Bindal 16/04/1961 Karnataka Alok Aradhe [Acting CJ] 13/04/1964 Patna Sanjay Karol 23/08/1961 J&K Pankaj Mithal 17/06/1961 Madhya Pradesh Ravi Malimath 25/05/1962 Punjab and Haryana Ravi Shanker Jha 14/10/1961 […]

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 […]

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 […]

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 […]

Readiness and Willingness II

Pt. Prem Raj v. D.L.F. Housing and Construction (Private) Ltd., AIR 1968 SC 1355; N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao, (1995) 5 SCC 115; His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar, (1996) 4 SCC 526; K.S. Vidyanadam v. Vairavan, (1997) 3 SCC 1; Balraj Taneja v. Sunil Madan, (1999) 8 […]

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 […]

Default Bail II

Government of India may consider introduction of a separate enactment [Bail Act] to streamline grant of bails. _____ Section 167(2) of The Code of Criminal Procedure, 1973 was introduced in 1978. This provision has got a laudable object behind it, which is to ensure an expeditious investigation and a fair trial. This is also another […]

My Name is Abu Salem II

Punishment cannot be disproportionately high or low. A delicate balance has to be kept in mind – an aspect recently discussed in Jaswinder Singh (Dead) v. Navjot Singh Sidhu, 2022 SCC OnLine SC 652. What happened to Abu Salem in Portugal for some other trial/detention has nothing to do with proceedings against him in India. […]

Section 59 of The Patents Act, 1970

Due to objections raised by Patent Office, Nippon A&L Inc. chose to amend claims to ‘process’ alone. It is common understanding, ‘product‘ claims are much broader than ‘process‘ claims. In present case, amendment of claims from ‘product by process’ to ‘process’ alone is clearly a step down. Section 59(1) of The Patents Act, 1970 as […]

The Doctrine of Prospective Overruling II

If criteria for promotion is merit-cum-seniority, comparative merit has to be evaluated. In case of merit-cum-seniority, even a Junior may steal a march over his Seniors for accelerated promotion. _____ What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective […]

Dying Declaration

Pushpabai and Uttam, a T.V. Mechanic, got married on 19th March, 1994. It is alleged, Uttam was having an illicit relationship with Kusum Gaikwad. Pushpabai succumbed to her injuries on 31st March, 1995. Kundula Bala Subrahmanyam v. State of Andhra Pradesh, (1993) 2 SCC 684 highlighted significance of a Dying Declaration. Shudhakar v. State of […]

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 […]

A “Means and Includes” Definition VIII

At this juncture, we may rely on Dilworth v. Commissioner of Stamps, (1899) AC 9 which has been consistently followed by this Court: “The word ‘include’ is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so […]

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