Bhaiyaji

Plaintiff adopted the device mark ‘Bhaiyaji Kahin’ with effect from 2016 under Classes 38 and 41. It came to Plaintiff’s knowledge in 2022, Defendant was launching a show titled ‘Bhaiya Ji Superhit’. What would be included in Class 38 would be names of TV channels; names of programmes telecast on these channels would be subject […]

Dissimilar Trade Dress

Copying is not actionable at law if it stops short of infringement or passing off. Imitation, after all, is one form of flattery. The likelihood of confusion has to be examined from point of view of a customer of average intelligence and imperfect recollection, not an amnesiac. If features of dissimilarity are numerous, with little […]

Golfer’s Piece of Chocolate

Sir William Blackstone was the greatest exponent of common law we have ever had. But, strangely enough, when I was at Oxford I was told nothing about him. His fame was so great, he was made a Judge of Court of Common Pleas. But, like many learned men, he was not a great Judge. He […]

Spare

Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause, my memory is my memory, it does what it does, gathers and curates as it seems fit. August 30, 1997. They tried, […]

Random Collectibles of Justice M.R. Shah at Supreme Court

02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]

Review of Death Penalty XXXVI

Prakash Nishad was charged for having committed offences punishable under Sections 376, 377, 302 and 201 of The Indian Penal Code, 1860. Trial Court convicted in connection with all offences and imposed Capital Punishment. High Court affirmed. We may point out, it is a case of circumstantial evidence. There are yawning gaps, numerous lapses. Court […]

The Nature of Judicial Power: Bovine Sports

Division Bench of this Court in Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547 had essentially outlawed Jallikattu and Bullock Cart Race. These bovine sports were held to be contrary to The Prevention of Cruelty to Animals Act, 1960. A. Nagaraja found, bulls, to be non-suitable for being involved in any […]

Referred to Larger Bench XXXV (Answered): Dynamic Status

I express my inability to agree with Justice Ajay Rastogi. The status of a person whether he belongs to SC or ST category depends on caste which he belongs to by birth, and such status would remain unchanged and would be static. The status of a person whether he belongs to OBC-NCL/MBC-NCL/EWS would depend upon […]

Comparative Advertising IV

Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]

Illegal Gratification III

Devasagayam, from Railways, lodged a complaint on 29.10.2015, alleging payment of Rs.2,60,000/-. When a refund was demanded, Devasagayam did not get it. It appears, Devasagayam originally had a genuine grievance. But, later turned out to be a Trojan horse, willing to sabotage investigation against influential persons. It is true, English is not our mother […]

The Doctrine of Legitimate Expectation V

Doctrine of Legitimate Expectation was first introduced in State of Kerala v. K.G. Madhavan Pillai, (1988) 4 SCC 669. A blanket bar of Doctrine of Legitimate Expectation against a statute would cause great havoc. A blanket ban on Promissory Estoppel against a statute cannot be applicable to Doctrine of Legitimate Expectation. They are distinct. Doctrine […]

Arbitration Notice

As per Section 21 of The Principal Act, Arbitral Proceedings commence on date on which a request for Arbitration is received. Union of India v. Parmar Construction Company, (2019) 15 SCC 682, which is directly on point, specifically observed, The Amendment Act shall not apply to Arbitral Proceedings which commence, before coming into force […]

Invito Beneficium Non Datur / The Revival of Ray XCII

Law of abandonment is based upon the maxim ‘invito beneficium non datur’. It means, law confers upon a man no rights or benefits which he does not desire. In P. Dasa Muni Reddy v. P. Appa Rao, (1974) 2 SCC 725 this Court held, “abandonment of right is much more than mere waiver, acquiescence or […]

Referred to Larger Bench XXXIV: Green Channel of Entry

If a passenger opts for the green channel of entry, it implies, it has no goods liable to duty. However, if still found with goods subject to levy of duty, the passenger becomes liable to confiscatory and penal action. If a non-declaration under Section 77 of The Customs Act, 1962 would automatically bar benefit of […]

Default Bail IV

At around 04:50 AM on 02.06.2019, vehicles passing through Harsh Cheena were being checked. 2 boys, travelling on a motorcycle without a number plate, on being asked to stop, fled away. A blue coloured bag fell down. 2 hand grenades were recovered. By virtue of Section 43D of The Unlawful Activities (Prevention) Act, 1967 […]

Irretrievable Breakdown of Marriage III

Neeti Malviya, T.P. (C) No. 899 of 2007 was rendered infructuous. _____ My Lord, Court can grant divorce in exercise of power under Article 142(1), in spite of opposition, when there is complete and irretrievable breakdown of marriage? Yes. There is a difference between existence of a power and exercising same. Court should not philosophise […]

Further Investigation

Hasanbhai Valibhai Qureshi v. State of Gujarat, (2004) 5 SCC 347 observed, mere fact of further delay in concluding trial should not stand in way of ‘further investigation’ if it would help Court do real and substantial and effective justice. Rama Chaudhary v. State of Bihar, (2009) 6 SCC 346 held, ‘further investigation’ is continuation […]

Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement

Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect. Arbitration Act does not specifically […]

Fixed Term Sentences II

Vikas Chaudhary, when merely 18-19, kidnapped for ransom and killed. His grievance is with imposition of a fixed term sentence, without remission, by Trial Court. He is currently about 37-38. Learned Senior Counsel, Ms. Meenakshi Arora placed strong emphasis on Union of India v. Sriharan, (2016) 7 SCC 1 which categorically held, it was outside […]

Compound Interest

A wide variety of rival submissions have been presented before us on whether Consumer Fora had been justified in awarding and approving ‘compound interest’. An attempt to seek ‘compound interest’ in such real estate dealings did not meet with approval of this Court and in Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, (2021) 3 […]

The Last Word

A Diversion for Lawyers and Others

Phrases