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 […]
Read more "Review of Death Penalty XXIX"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 […]
Read more "Abhorrent Godhra"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 […]
Read more "The Case of Three Faces"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, […]
Read more "Protective Gunshots"‘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 […]
Read more "Kangaro"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 […]
Read more "[Intellectual] Forum Shopping III"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 […]
Read more "Bail For Narcotics"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 […]
Read more "A “Means and Includes” Definition VIII"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 […]
Read more "How Gourango Lost His O"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; […]
Read more "Science For Everyone: DNA V / Review of Death Penalty XXVIII"For the offence under Section 63 of The Copyright Act, 1957 the punishment provided is imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine. Therefore, the maximum punishment which can be imposed would be 3 years. In view of consideration of Part III, First Schedule, CrPC – if […]
Read more "Section 63 of The Copyright Act, 1957"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 […]
Read more "The Rules of The Game Principle VII"Original controversy emanates from an FIR, dated 27.12.1988, registered by Sub-Inspector of P.S. Kotwali of Patiala District, Punjab on basis of information about an occurrence around 12:30 PM at Battian Wala Chowk. In our view, some material aspects have been missed out at stage of sentencing. International Cricketer, Navjot Singh Sidhu was tall and well-built. […]
Read more "Navjot Singh Sidhu"A.G. Perarivalan is Accused No. 18 in Crime No. 329 of 1991 registered at Sriperumbudur Police Station for assassination of Shri Rajeev Gandhi, Former Prime Minister of India, on 21.05.1991. Death Sentence was commuted to Life Imprisonment by this Court on 18.02.2014. By following Samsher Singh v. State of Punjab, (1974) 2 SCC 831 constitutional […]
Read more "Pardon Jurisprudence II / The Revival of Ray LXXXVI"One may refer with advantage to Power Control Appliances v. Sumeet Machines Pvt. Ltd., (1994) 2 SCC 448. SC held: High Court failed to take note, plea of ‘honest and concurrent user’ as stated in Section 12(3) of The Trade and Merchandise Marks Act, 1958 is not a valid defence for infringement of copyright. […]
Read more "An Honest Concurrent Use II"My Lord, Writ Petition before High Court under Article 227 against National Consumer Disputes Redressal Commission’s Order in an Appeal under Section 58(1)(a)(iii) of The Consumer Protection Act, 2019? Yes. No further Appeal to this Court is provided against an Order passed by National Commission in exercise of its powers conferred under Section 58(1)(a)(iii) or […]
Read more "Section 58 of The Consumer Protection Act, 2019"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 […]
Read more "Review of Death Penalty XXVII"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 […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"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 […]
Read more "Referred to Larger Bench XXVIII: Chloro Controls"“Public Servants are like fish in water… none can say when and how a fish drank water.” It may be noted, maintenance of high standard of conduct and character of Judicial Officers has always been a matter of great concern for this Court [C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457; Sadhna […]
Read more "Purity of Character III"
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