“It is a well settled position of law, testimony of a witness cannot be discarded in toto merely due to presence of embellishments or exaggerations. Doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in Indian scenario, where tendency to exaggerate […]
Read more "Falsus in Uno, Falsus in Omnibus"“In an early Delhi High Court Judgment, Sandeep Kumar v. Dr. Ashok Hans, (2004) 3 Arb LR 306 Learned Single Judge of Delhi High Court specifically held, there is no requirement under the provisions of Section 34 for parties to lead evidence. The record of the Arbitrator was held to be sufficient in order to […]
Read more "Section 34(2)(a) of The Arbitration Act"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"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"“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"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"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"I had earlier defended Explanation 1 to Section 499 and Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014], in the wake of strong arguments that, the legal regime of defamation as set out in Sections 499 and 500 is unconstitutional. Legislature in its wisdom has still not thought it appropriate to abolish […]
Read more "Section 499, Indian Penal Code III"Jactitation of marriage means persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto. For the object […]
Read more "Jactitation of Marriage"In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained. It was held, ‘Kuttikanam’ is neither a fee nor a tax. A tax or fee is levied in the exercise of sovereign power. ‘Kuttikanam’ means Government’s share of the value of the reserved trees. It was further held by Mathew […]
Read more "Kuttikanam / Seigniorage"My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 mandatory or directory and if directory can same be dispensed with, exercising power under Article 142? Before 2 Judges in Manish Goel, (2010) 4 SCC 393 the question was not raised: “The statutory period of six […]
Read more "Section 13B of The Hindu Marriage Act III"The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When there is an express designation of the Arbitration venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]
Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"“Prior to the decision in Taylor v. Caldwell, (1861-73) All ER Rep 24 law in England was extremely rigid. A contract had to be performed, notwithstanding the fact that it had become impossible of performance, owing to some unforeseen event, after it was made, which was not the fault of either of the parties to […]
Read more "Section 56 of The Indian Contract Act, 1872 II"Lon Luvois Fuller defined classic legal fiction as “either (1) a statement propounded with a complete or partial consciousness of its falsity, or (2) a false statement recognized as having utility.” The common law was rife with fictions: a plaintiff who had bailed his chattel under a bailment terminable at his will was deemed to […]
Read more "Legal Fiction"SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]
Read more "Primacy of Views III: The Lokpal and Lokayuktas Act, 2013"“The Latin maxim ‘fiat justitia ruat caelum’ is what first comes to mind on a reading of Article 142 – let justice be done though the heavens fall. This maxim was quoted by Lord Mansfield in R. v. Wilkes, (1770) 4 Burr 2527: (1558-1774) All ER Rep. 570. The Article gives a very wide power […]
Read more "Fiat Justitia Ruat Caelum"‘Misconduct’ has been defined in Black’s Law Dictionary (6th Edn.) at pg. 999: “A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness.” P. […]
Read more "Misconduct"“The phrase ‘public policy’ is not capable of precise definition. In P. Rathinam, (1994) 3 SCC 394 it was observed: “The concept of ‘public policy’ is, however, illusive, varying and uncertain. It has also been described as ‘untrustworthy guide’, ‘unruly horse’ et cetera.” Broadly it will mean what is in the larger interest of the […]
Read more "Public Policy"“There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the Court, but it is to be seen in what situations the Court can invoke the maxim ‘actus curiae neminem gravabit’. In this regard, we may usefully refer to a passage from Kalabharati Advertising, (2010) […]
Read more "Actus Curiae Neminem Gravabit"A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]
Read more "The Disputed Reality of Parental Alienation Syndrome"
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