The Case of Mr. Amitabh Bachchan

Amitabh Bachchan alleges violation of his ‘publicity rights as a celebrity’ as has also been recognized by this Court in Titan Industries Ltd. v. Ramkumar Jewellers, 2012 SCC OnLine Del 2382. It cannot seriously be disputed, Amitabh Bachchan is a well-known personality and is also represented in various advertisements. Amitabh Bachchan is aggrieved by unauthorized […]

Claim of Juvenility IV

The crime is heinous. Its execution was vicious and cruel, by any stretch of imagination. The entire crime was calculated and ruthless. Our adjudication is restricted to, whether Shubam Sangra was a juvenile on date of commission of offence. The ratio discernible is, credibility and acceptability of documents would depend on facts and circumstances. We […]

Compensatory Discrimination / The Revival of Ray LXXXVII

Janhit Abhiyan v. Union of India, Writ Petition (Civil) No. 55 of 2019 As laid down by this Court, just as equals cannot be treated unequally, unequals also cannot be treated equally. Treating economically weaker sections of citizens as a separate class would be a reasonable classification and could not be termed as an […]

Simplicity in Invention

Windsurfing International Inc. v. Tabur Marine Ltd., [1985] RPC 59; England and Wales Court of Appeals in Pozzoli Spa v. BDMO SA, [2006] EWHC 1398 (Ch); F Hoffmann-La Roche Ltd. v. Cipla Ltd., 2016 (65) PTC 1 (DEL); Bristol-Myers Squibb Holdings Ireland Unlimited Company v. BDR Pharmaceuticals International Pvt. Ltd., (2020) SCC OnLine Del 1700; […]

Review of Death Penalty XXXII

Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed […]

Faraaz

As discussed, right to privacy is not inheritable by heirs of deceased. Plaintiffs may have been successful if their personal right to privacy was in any way being infringed by making of this movie. But, unfortunately, no such circumstance has been pleaded by Plaintiffs. It is asserted, Plaintiffs are entitled to be left alone, to […]

Review of Death Penalty XXXI

High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]

Referred to Larger Bench XXXII: Hijab II

The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. Equality before law cannot be breached by State on basis of […]

No Turn

It is evident, Plaintiff has a registered trade mark – ‘NO TURN’. Plaintiff has been in continuous use of this trade mark since 15.01.2008. Defendant is the prior user of the mark since 2007. The use of the mark by Defendant is intermittent and not voluminous so as to establish the defence under Section 34 […]

One Mark, One Source, One Proprietor

‘Classic Trinity Test’ of ‘Goodwill, Misrepresentation and Damages’ [Reckitt and Colman Products Ltd. v. Borden Inc, [1990] 1 All ER 873] – Satisfied. _____ Both parties claim proprietary rights and utilize the mark ‘GeoCrete’ in respect of identical goods. To permit concurrent use, in factual situation noted, would cause public confusion and result in violation […]

Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

Preventive Detention Statute IV

Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay in arresting, pursuant to ‘order of detention’, which is prima facie unreasonable, State must give reasons explaining. Bhawarlal Ganeshmalji v. State […]

Lord Hale’s Ghost Returns

The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]

Review of Death Penalty XXX

While every delay in forwarding FIRs may not necessarily be fatal, Courts may be duty bound to see effect of such delay on creditworthiness of investigation. State of Rajasthan v. Daud Khan, (2016) 2 SCC 607 interpreted ‘forthwith’ appearing in Section 157(1) of The Code of Criminal Procedure, 1973. On question of compliance of Section […]

Uno Minda v. Minda Uto

Plaintiffs cannot seek a restraint against Defendants from using their registered trademark ‘MINDA UTO’ for Plaintiffs do not have registration for said goods under Class 04 while Defendants do. In view of Section 31 of The Trade Marks Act, 1999 registration of the trademark is prima facie evidence of its validity in favor of Defendants. […]

Domain Name III

Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]

Referred to Larger Bench XXXI: Two Sets of Three-Judge Benches

There exists a clear conflict. It is necessary to have clarity. _____ Same-Day Sentencing in a Capital Offence violates Principles of Natural Justice and is opposed to Section 235(2) of The Code of Criminal Procedure, 1973. Dattaraya v. State of Maharashtra, (2020) 14 SCC 290; Bhagwani v. State of Madhya Pradesh, Criminal Appeal Nos. […]

White Lace v. Wild Lake

Plaintiff has ‘WHITE LACE’ gin, ‘WHITE LACE’ vodka et cetera. It is submitted, on account of long, continuous and extensive use of the trade mark ‘WHITE LACE’ in relation to alcoholic beverages, Plaintiff has attained immense goodwill and reputation. It is submitted, Defendant has been selling identical products under the impugned mark: ‘WILD LAKE’. […]

Exhumation

15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]

Star

HTC Corporation v. L.V. Degao, 2022 SCC OnLine Del 953 has held, where there are two registered trademarks, registration of the later trade mark may be refused or cancelled: (i) when deception or confusion results, (ii) there is a dishonest user, (iii) subsequent use is without due cause, (iv) there is bad faith, or (v) […]

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