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 […]
Read more "Claim of Juvenility IV"An insurance contract by its very nature mandates disclosure of all ‘material facts’ by both parties. Manmohan Nanda v. United Insurance, (2022) 4 SCC 582 summarizes same. A contract meant to cover a shop situated in a basement had an exclusion clause which specified, the contract did not cover the basement. Tata AIG General Insurance […]
Read more "The Doctrine of Blue Pencil"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 […]
Read more "Compensatory Discrimination / The Revival of Ray LXXXVII"Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993. The meaning of ‘ethnic’ according to Merriam-Webster Dictionary is, “of or relating to large groups of people […]
Read more "Ethnic"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 […]
Read more "Review of Death Penalty XXXII"Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and undertakings to mislead Courts in India, including this Court, when he had no intention to comply or abide by any of his assurances. Acts would demonstrate, […]
Read more "Contempt Jurisdiction X"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 […]
Read more "Faraaz"Motilal Padampat Sugar Mills, (1979) 2 SCC 409 was authored by Bhagwati J for a Two-Judge Bench. Within 2 years, Kailasam J for a Two-Judge Bench in Jit Ram Shiv Kumar, (1981) 1 SCC 11 found fault in Motilal Padampat Sugar Mills and held, observations made were not in tune with Judgments of Constitution Benches […]
Read more "Promissory Estoppel X"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 […]
Read more "Referred to Larger Bench XXXII: Hijab II"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 […]
Read more "No Turn"‘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 […]
Read more "One Mark, One Source, One Proprietor"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 […]
Read more "Ex Debito Justitiae II"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 […]
Read more "Preventive Detention Statute IV"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 […]
Read more "Lord Hale’s Ghost Returns"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. […]
Read more "Uno Minda v. Minda Uto"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 […]
Read more "Domain Name III"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. […]
Read more "Referred to Larger Bench XXXI: Two Sets of Three-Judge Benches"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’. […]
Read more "White Lace v. Wild Lake"Though there is a fundamental right to establish educational institutions, same can be subject to ‘reasonable restrictions’ which are found necessary in general public interest. We may observe, there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of Pharmacy Colleges. Such restrictions may be in larger general public […]
Read more "Reasonable Restriction III"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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