The Respondent, a Cooperative Federation of Milk Producers of Karnataka, adopted the mark ‘NANDINI’ in the year 1985 and under that brand name produced and sold milk. The Appellant adopted the mark ‘NANDHINI’, for its restaurants in the year 1989, and applied for registration of the said mark in respect of various food items sold. The Respondent […]
Read more "Nandini v. Nandhini : No Deceptive Similarity"“A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive conflagration.” It was the Judgment of Holmes J in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of ‘clear and present danger’ for determining whether restrictions on […]
Read more "Clear and Present Danger"Rewarded with the presence of Justice A.N. Ray, Himat Lal K. Shah, (1973) 1 SCC 227 held: “Public meeting in open spaces and public streets forms part of the tradition of our national life. In the pre-Independence days such meetings have been held in open spaces and public streets and the people have come to regard […]
Read more "Reasonable Restriction II"Behind every successful fortune there is a crime, wrote Mario Puzo. Truly, not everyone fears the law. How else would a Head Constable’s son be Dawood? It is magnificent that the Supreme Court has recommended to the Parliament the creation of a separate offence of lynching. While all that you read after is the charm […]
Read more "The Fear of Law and Lynching"Shyam’s Offer Shyam also met Karna and in attempt to avert war told him what no one else had told him. ‘Know that your birth mother is Kunti. By law, you are the eldest son of the man she married, Pandu. This makes you, by law, the eldest Pandava, with full rights to Pandu’s kingdom […]
Read more "Consistent Loyalty v. Contextual Thinking"I have not published 10,00,000 further words of Chief Justice A.N. Ray. Are his words at Calcutta High Court or at Supreme Court his only songs? I bow down to Hon’ble Chief Justice Dipak Misra and Hon’ble Justice Dr. D.Y. Chandrachud. They have quoted Samsher Singh v. State of Punjab, (1974) 2 SCC 831 in […]
Read more "The Revival of Ray II"Some men try hard for reasons best known to them. Team 2, even before it had shot and finalized the final print of its movie, filed a case before Bom HC. Dr. Abhinav Chandrachud fought for Team 1. He won. Hon’ble Justice G.S. Patel wrote: “In the present case there is no evidence of the […]
Read more "Veere Disarray"“A distinguished South African Judge, Albie Sachs has spoken of the importance of understanding the value of Constitutional Transformation. In his book titled ‘The Strange Alchemy of Life and Law’, explaining the role of the Constitutional Court, Sachs has this to say: “It is difficult to analyze the impact that Court Decisions have on actual […]
Read more "The Strange Alchemy of Life and Law"Judge 4 of Indian Supreme Court, Justice Lokur, will retire this year. Earlier, he questioned the integrity of the Chief Justice. April, he has interestingly worded a decision. “The couldn’t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone a little too far… Union of India must […]
Read more "Aggression of SC Judges"“Whether in the case of promotion from the Subordinate Judiciary or of direct recruitment from the Bar, the performance of the candidate would be best known to the High Court.” While judging so, SC in Gauhati High Court v. Goto Ete & Others, [Civil Appeal No. 4298 of 2018] quoted, with minor compliment, two paragraphs […]
Read more "The Revival of Ray I"An inquiry was sought into the circumstances of death of District Judge, Brijgopal Harikishan Loya. The petitions were essentially based on articles published in Caravan on November 20/21, 2017. The issue was whether the death of Judge Loya was due to natural causes or there are circumstances which raise a reasonable suspicion about an unnatural […]
Read more "The Sad Death of Judge Loya"P. Jaganmohan Reddy was born into an aristocratic, wealthy, and prominent family in Former Princely State of Hyderabad on 23 January, 1910. An uncle of Jaganmohan Reddy, though a Lincoln’s Inn Barrister, never practiced law. Jaganmohan Reddy was the first member of his family to practice law as a profession. He was 59 when he […]
Read more "The Kesavananda Bench III: Pingle Jaganmohan Reddy"“Writ of Quo Warranto cannot be issued on basis of assumptions, inferences or suspicion regarding factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on basis of indisputable facts leading to a singular conclusion – incumbent was in fact or in law disqualified to occupy […]
Read more "The Writ of Quo Warranto I"Last year, it was claimed before Bombay High Court, trailers of The State v. Jolly LL.B 2 projected Indian Judiciary and Indian Legal System in a derogatory manner. Court found there was a prima facie case of contempt. It constituted a Three-Member Committee, out of which Two Members were Lawyers. Bom HC’s ‘Legitimization of Special […]
Read more "The Last Word on Aiyaary"The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]
Read more "The Harmon Doctrine"Witnessing Padmaavat unfold on screen, on its first day of release, was unique, especially since your smart phone kept reminding you of persistent violence. The casual viewer may have even ignored a woman threatening to immolate herself or even a policemen who stood guard, but the skeptic whispered if a riot broke out… on which […]
Read more "The Last Word on Padmaavat"Two months ago, Judges 2-3-4-5 of Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], the Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [Chief Justice of India], to hear a plea […]
Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"TOYOTA JIDOSHA KABUSHIKI KAISHA launched the world’s first hybrid car, ‘Prius’, in Japan in 1997. In India, the car was released in 2009 and until that point of time Toyota had not obtained registration of the mark ‘Prius’ in the Indian jurisdiction. M/S PRIUS AUTO INDUSTRIES LIMITED had got the mark ‘Prius’ registered way back […]
Read more "The Goodwill in Passing Off Actions: The Toyota Prius Story"In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454 speaking through Justice A.M. Khanwilkar disapproved of the “first strike” principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued, since the mother had not sought custody of the child by approaching any competent Indian Court prior to […]
Read more "The “First Strike” in Child Custody Battles II"Advocate represented its Client before a Motor Accident Claims Tribunal and charged a fee of Rs. 10,00,000 [Rupees Ten Lakhs]. Tribunal awarded compensation. Client was compelled to sign a further cheque, in favour of Advocate, towards payment of a certain percentage of decretal amount. That cheque stood dishonoured and Advocate in due time initiated proceedings […]
Read more "A Legally Enforceable Debt III"
The Last Word 
You must be logged in to post a comment.