“High Courts are Courts of Record, set up under Article 215 of The Constitution of India. It is clear that these Constitutional Courts, being Courts of Record, the jurisdiction to recall their own Orders is inherent by virtue of the fact that they are Superior Courts of Record. This has been recognized in: National Sewing […]
Read more "Courts of Record"Torrent Pharmaceuticals Ltd., ‘first past the post’, has a trade mark called ‘CHYMORAL’ and ‘CHYMORAL FORTE’, which is a drug administered post-surgically for swelling and/or wounds that may arise. They filed a suit against Wockhardt Ltd. for use of the mark ‘CHYMTRAL FORTE’. Fraud is not a necessary element of ‘passing off’ actions [Laxmikant, (2002) […]
Read more "Chymoral Forte v. Chymtral Forte : Acquiescing Passing Off"Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]
Read more "Beauty of NEET, 2018"Several matters, every week, are considered for ‘legal aid’. I had briefly assisted Senior Advocate, Jaideep Gupta in this regard and had recommended aid for Ujwala Pandurang Toraskar v. Mormugao Port Trust [Diary No. 20112 of 2018]. Judgment of HC of Bombay at Goa [Writ Petition No. 279/2016], was challenged. On July 3, 2018 SC […]
Read more "Legal Aid"Hon’ble Justice Ashok Bhushan was Elevated as a Permanent Judge of the Allahabad High Court on April 24, 2001. Circa 2005 RNR: Landmark Judgments – Hallmark of Judicial Brilliance? AB: The Judges are only known by their Judgment. They cannot have their own ideologies or perspectives in contrast to Politicians. Therefore, Judgments are the only […]
Read more "Hon’ble Justice Ashok Bhushan"Recent Elevations to Supreme Court of 7 Judges is interesting. None of them shall be Chief Justice of India after Hon’ble Justice Dr. Chandrachud. Seniority is neither based on age nor on experience. It is purely accidental. The following is an extract from A.R. Antulay, Appointment of a Chief Justice, (Popular Prakashan, 1973). “Many Judges […]
Read more "Appointment of a Chief Justice"“The Bill of Lading makes it clear that the ‘merchant’ expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of The Bill of Lading whether typed, printed or otherwise. The Arbitration Clause is Clause 25, printed and annexed to The Bill of Lading. Respondent has expressly agreed to […]
Read more "Section 7(5) of The Arbitration Act III"“As early as in 1975, a Four Judge Bench of this Court in Pratap Narain Singh Deo v. Srinivas Sabata, (1976) 1 SCC 289 speaking through Shingal J. has held that an employer becomes liable to pay compensation as soon as the personal injury is caused to the workman in an accident which arose out […]
Read more "The Revival of Ray IX"Legal Journalists obsess over presence of Khanna J in ADM JABALPUR. A presence caused by… Supreme Court quoted recently: Gwalior Rayon, (1974) 4 SCC 98. Judgment of Justices Khanna, Alagiriswami and Bhagwati was delivered by Khanna J. Justice K. K. Mathew gave a Separate Opinion, on behalf of A. N. Ray, CJI and himself. My Lord, […]
Read more "The Revival of Ray VIII"I was aware of Arghya Sengupta, personally, even before I had entered NLSIU. Mr. Sengupta’s words on The Sabarimala Temple Judgment are brilliant, as his words usually are. I am glad, one voice I respect thoroughly has had courage to point out Justice Chandrachud’s error. Here are his words: “That there is something deeply iniquitous […]
Read more "The Sabarimala Temple II: Arghya Sengupta"There is always much to study in a dissenting opinion; dissents in constitutional law matters are remembered/revered; dissents in criminal law matters produce intense causes of concern. How best can one ensure advancement of justice, if Supreme Court Judges disagree on a crime? There would be a day surely when 5/7/9 or perhaps 13 shall […]
Read more "Section 372 of The Code of Criminal Procedure, 1973 I"“The Specific Relief (Amendment) Act, 2018 amended Section 14. In the present case, we are not called upon to examine the effect of this amended provision. The issue before this Court is whether Section 14(3)(c)(iii) is a bar to a suit by a developer for specific performance of a development agreement between himself and the […]
Read more "Section 14(3)(c)(iii) of The Specific Relief Act, 1963"My Lord, ‘Venue’ v. ‘Seat’? The Arbitration Clause has to be appositely read to understand its intention so as to arrive at a conclusion on whether it determines the ‘seat’ or not. There is no shadow of doubt that the Arbitration Clause has to be read in a holistic manner so as to determine the […]
Read more "Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration"Doctrine of Piercing the Corporate Veil is as well settled as the Salomon, [1897] AC 22 principle itself. In Life Insurance Corporation of India v. Escorts Ltd., (1986) 1 SCC 264, this Court held: “Generally and broadly speaking, we may say that the Corporate Veil may be Lifted where a statute itself contemplates Lifting the […]
Read more "Piercing / Disregarding the Corporate Veil II"“In the midst of Ripon’s Viceroyalty, in 1882, for the first time in the history of colonial India, an Indian Judge, Romesh Chunder Mitter, was appointed to act as Chief Justice of Calcutta High Court, when Chief Justice Sir Richard Garth went on leave. It would take another few decades for an Indian, Badruddin Tyabji, […]
Read more "An Independent Colonial Judiciary"I was born on 5th February. This is Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in Sabarimala Temple, covered previous decisions of SC on scope and effect of religious freedom contained in Articles 25 and 26. I highlight hereby all decisions mentioned. I bow down to: i) […]
Read more "Article No. 502: The Revival of Ray VII"“Recently on 14 September 2018, Learned Chief Justice, speaking for Present Bench of Three Judges handed down a verdict granting compensation of Rs 50 Lakhs to a Space Scientist who was found upon further investigation by CBI to have been wrongfully implicated and subjected to custodial interrogation. This was on an allegation, he had leaked […]
Read more "Compensatory Jurisprudence of Constitutional Courts VII : James Watson"Writ Petition (Civil) No. 373 of 2006 Hon’ble Justice Indu Malhotra The Petitioners have stated that they learnt of the practice of restricting the entry of women in the age group of 10 to 50 years in the Sabarimala Temple in Kerala from three newspaper articles written by Barkha Dutt (Scent of a Woman, Hindustan […]
Read more "The Sabarimala Temple I"Joseph Shine v. Union of India, [Writ Petition (Criminal) No. 194 of 2017] Hon’ble Justice Indu Malhotra The issue is whether ‘adultery’ must be treated as a penal offence or a marital wrong. Adultery has the effect of not only jeopardizing the marriage between the two consenting adults, but also affects the growth and moral […]
Read more "Section 497: A Tripartite Labyrinth"While stating, ‘genesis’ of creamy layer principle is to be found in State of Kerala v. N.M. Thomas, (1976) 2 SCC 310 Hon’ble Justice R.F. Nariman quoted a few words of Hon’ble Justice Krishna Iyer in Jarnail Singh v. Lachhmi Narain Gupta, [Special Leave Petition (Civil) No. 30621 of 2011]. Of course, Ray CJ had […]
Read more "The Revival of Ray VI"
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