Writ Against Termination of Service by Private Bodies

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’ […]

Pension is Not a Bounty III

Justice S. Talapatra along with Chief Justice T. Vaiphei, as Judges of High Court of Tripura on 31.10.2017, struck down Rule 3(3) of The Tripura State Civil Services (Revised Pension) Rules, 2009. At present, Justice S. Talapatra is Judge No. 3 at High Court of Orissa. _____ When specific statistics were provided before High […]

The Doctrine of Manifest Arbitrariness

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 […]

Design No. 282812 : LED Surface Light

There is a serious dispute on validity of registration of design granted to Plaintiff on 22.04.2016. Defendant, at least prima facie, has been able to rebut presumption of validity of registration. The term ‘proprietor of a new or original design’ is defined in Section 2(j) of The Designs Act, 2000. Plaintiff, being an importer of […]

Referred to Larger Bench XXX: Section 12(5) of The Arbitration Act V

Three Judges, on 11.01.2021, in Union of India v. M/s. Tantia Constructions Limited, Special Leave Petition (Civil) 12670 of 2020 prima facie disagreed with Three Judges in Central Organisation for Railway Electrification v. M/s. ECI-SPIC-SMO-MCML (JV), Civil Appeal No. 9486-9487 of 2019. Three Judges, on 16.08.2022, in JSW Steel v. South Western Railway, Special Leave […]

The Drastic Power of Rejecting a Plaint VI

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 […]

Referred to Larger Bench XXIX: Double Jeopardy

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 […]

Section 311 of The Code of Criminal Procedure, 1973 III

Court is vested with a broad and wholesome power, in terms of Section 311, to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar. Court is not a hapless bystander in derailment of justice. Court has a vital role to discharge […]

No Bottle, Just Bottle I

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 […]

Remains of Gunpowder

Learned Counsel for Appellant has submitted, Complainant has a close nexus with Police Department as his Father is a Retired Inspector and his Brother and Sister are also Police Officers. Appellant has also brought to notice, Complainant had registered another criminal case in which Appellant already stands acquitted. Appellant claims to be falsely implicated, owing […]

Provocation

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, […]

Comparative Advertising I

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 […]

The Plea of Limitation XVIII: Air Carriers

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 […]

Defamation in Commercial Suit

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’ […]

Thika Tenancy IV

Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 concluded, Nemai Chandra Kumar & Ors. were “Thika Tenants” within the meaning of Section 2(5) of The Calcutta Thika Tenancy Act, 1949. It was held, “Any Structure” includes both ‘Kutcha’ (temporary) or ‘Pucca’ (permanent) Structure. Mani Square Limited’s Review Petition (Civil) No. 1483 of 2015 succeeded […]

Burden of Proof

It is trite to refer to tenets laid down in Palermo and Vienna Conventions. There has been a consensus, acquisition-possession-use-concealing or disguising illicit origin of illegitimately obtained money to evade legal consequences would be money-laundering. However, growth of jurisprudence in this law did not stop or end… _____ We hold, Section 24 of The […]

First Information Report III

It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination. _____ We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, […]

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 […]

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