The Trade Marks Act, 1999 came into force on 15th September, 2003. When a trade mark is identical with a registered trade mark and goods or services are identical too, Court shall presume it is likely to cause confusion on public. Court has pointed out, essentials of a passing off action cannot be equated […]
Read more "An Identical Trademark"It is well settled, Doctrine of Lis Pendens is based on ground, decision of a Court in a suit should be binding not only on litigating parties but also on those who derive title pendente lite. _____ Doctrine of Lis Pendens is based on maxim ‘pendente lite nihil innovetur’ which means ‘pending litigation, nothing new […]
Read more "The Doctrine of Lis Pendens"The main departure of The Companies Act, 2013 from statutory regime of The Companies Act, 1956 is specific inclusion of fraud ‘directly’ as a circumstance in which a Company could be wound up [See, Section 271 of 2013 Act, as it now stands after 2016]. Section 271(c) of The Companies Act, 2013 covers three circumstances […]
Read more "Fraud II"Lawyer’s Voice v. State of Punjab, Writ Petition (Civil) No. 13 of 2022 arises out of an incident, dated 05/01/2022, wherein, on a visit to Hussainiwala, District Firozpur, State of Punjab, convoy of Prime Minister was stuck. We have studied provisions of The Special Protection Group Act, 1988 along with relevant contents of The Blue […]
Read more "Safety and Security of Prime Minister"Section 22 of The Limitation Act, 1963 provides for computation of limitation in case of a continuing breach of contract or tort. Constitution Bench in M. Siddiq v. Suresh Das, (2020) 1 SCC 1 examined precedents and observed, “a ‘continuing wrong’ arises where there is an obligation imposed by law, agreement or otherwise to continue […]
Read more "The Plea of Limitation XVII: Continuing Wrong"Number of candidates was not quite large. 4270 in U.P. Public Service Commission v. Subhash Chandra Dixit, (2003) 12 SCC 70. 51524 and 5748 in preliminary and main examinations respectively in Sanjay Singh v. U.P. Public Service Commission, Allahabad, (2007) 3 SCC 720. 3000 in Mahinder Kumar v. High Court of Madhya Pradesh, (2013) 11 […]
Read more "The Rules of The Game Principle IV"Hyder Consulting (UK) Ltd. v. Governor, State of Orissa, (2015) 2 SCC 189 overruled State of Haryana v. S.L. Arora, (2010) 3 SCC 690. While giving a concurring opinion, Justice Sapre made pertinent observations: “Section 31(7)(b) uses words ‘Arbitral Award’ and not ‘Arbitral Tribunal’. ‘Arbitral Award’ as held, is made in respect of a ‘sum’ […]
Read more "Section 31(7) of The Arbitration Act VIII"As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]
Read more "Act of God"To differentiate between ‘findings’ and ‘reasons’, Mr. K.V. Viswanathan relied on Income Tax Officer, A-Ward, Sitapur v. Murlidhar Bhagwan Das, AIR 1965 SC 342. It is clear, “finding is a decision on an issue”. J. Ashoka v. University of Agricultural Sciences, (2017) 2 SCC 609 held, “reasons are the links between the materials on which […]
Read more "Section 34(4) of The Arbitration Act"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"We cannot read, a word in singular, namely: ‘consumer’, will not include plural. If vowel ‘a’ and word ‘consumer’ appearing in Section 2(5)(i) of The Consumer Protection Act, 2019 are to be understood to exclude more than one person, it will result in a disastrous consequence while reading Section 2(5)(vi). A way of interpreting Section […]
Read more "Class Action, Consumer Disputes II"Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]
Read more "Compassionate Appointment IV"Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]
Read more "Justice Ranjan Gogoi’s Justice"“Insurance is a contract of speculation. Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of the fact, and his believing the contrary.” – Lord Mansfield, Carter v. Boehm, (1766) 3 Burr 1905. What is necessary to be disclosed are ‘material facts’ which […]
Read more "Contracts of Insurance IV"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]
Read more "The Doctrine of Waiver"A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]
Read more "Faction-Ridden Village Community"United Nations Conference on Human Environment at Stockholm in 1972, United Nations Conference on Environment and Development known as Rio de Janeiro Earth Summit in 1992, World Summit on Sustainable Development in Johannesburg in 2002 and Glasgow Climate Change Conference in 2021 have all voiced grave concerns about global environmental degradation resulting in extinction of […]
Read more "Environmental Jurisprudence II"Section 220, CrPC envisages situations when a person shall be tried for multiple offences at one trial. It now needs to be determined, if Section 220, CrPC can be applied to proceedings before a Special Court constituted under The Mines and Mineral (Development and Regulation) Act, 1957. It is apparent, on combined reading of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal II"Mrinal Das v. State of Tripura, (2011) 9 SCC 479 observed, credible evidence even of a hostile witness can form basis for conviction in a criminal trial. It is a harsh reality, particularly, in those cases where accused persons/criminals are tried for heinous offences, or where accused persons are influential persons or in a dominating […]
Read more "Witness Protection"
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