‘Acceptance of a Brief by a Lawyer’ in 2007 cannot be construed to reflect ‘bias’ or even a ‘likelihood of bias’ in 2023. There is an absence of proximity both in terms of time and subject matter. Writ Petitions filed before this Court raised concerns over precipitate decline in investor wealth and volatility in share […]
Read more "Adani Group of Companies"A case for interference has been made out. The symbol for Indian National Rupee symbol [₹] was not in existence when purported ‘Memorandum of Agreement of Tenancy’ was signed. Minakshi Bala v Sudhir Kumar, (1994) 4 SCC 142: “Court cannot usurp functions of a Trial Court to delve into and decide upon respective merits.” Court […]
Read more "Minakshi Bala, (1994) 4 SCC 142"Laxman Bisht aka Lucky Bisht was born in 1985 in Boongli, located in Pithoragarh, Uttarakhand. Father had worked with Ministry of Defence. Grandfather was a Subedar with Indian Army. 12th December, 2003 – Lucky was sent a call letter, asking him to report to Dimapur, Nagaland. 19th April, 2004 – Cadets were taken to Delhi International Airport. An IL-76, introduced in India by Indira Gandhi, […]
Read more "Oye Lucky!"Supriyo @ Surpiya Chakraborty v. UoI Writ Petition (Civil) No. 1011 of 2022 My Lord, LGBTQ persons have a right to marry a person of their choice regardless of religion, gender and sexual orientation? No. A thing, an occurrence, or a practice is ‘Indian’ when it is present in India, takes place here, or is […]
Read more "The Fundamental Right to Marry"Court cannot be oblivious of times when a warlike situation prevailed. It cannot also ignore or be blind to certain realities. In opinion of this Court, rather casual and superficial attention was paid to blood transfusion. These facts establish medical negligence. Bolam Test has gained widespread acceptance and application in Indian jurisprudence. CPL Ashish Kumar […]
Read more "Medical Negligence and Consumer Law IV"Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence. Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not […]
Read more "Minimum 75% in Class XII"Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The information contained in Nyay: The Justice constitute publicly available information. However, to put it plainly, coincidences are one too many. It […]
Read more "SSR"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 […]
Read more "Bhaiyaji"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 […]
Read more "Dissimilar Trade Dress"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 […]
Read more "Golfer’s Piece of Chocolate"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, […]
Read more "Spare"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]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"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 […]
Read more "The Nature of Judicial Power: Bovine Sports"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 […]
Read more "Referred to Larger Bench XXXV (Answered): Dynamic Status"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 […]
Read more "Irretrievable Breakdown of Marriage III"In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. Principle of Parity is squarely applicable. In cases of ‘preventive detention’, […]
Read more "Principle of Parity III"Rights are not absolute in a constitutional democracy. The sealed cover practice places processes by which a decision is arrived at, beyond scrutiny [Commander Amit Kumar Sharma v. Union of India, (2022) SCC OnLine SC 1570]. This case presents Court with an opportunity. State must satisfy Court, national security concerns are involved. A claim cannot […]
Read more "Principles of Natural Justice IX"To remember, it is an error to follow US Supreme Court decisions without adverting to differences of position in India. View taken by this Court in State of Kerala v. Raneef, (2011) 1 SCC 784; Arup Bhuyan v. Union of India, (2011) 3 SCC 377; Sri Indra Das v. State of Assam, (2011) 3 SCC […]
Read more "The Doctrine of Chilling Effect"It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940. S. Athilakshmi had not ‘stocked’ medicines for […]
Read more "Drugs & Cosmetics"‘College Romance’, Season 01, Episode 05 titled ‘Happily F****d Up’ [*5:24 to 6:40 and 25:28 to 25:46*] was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a […]
Read more "Run, D.K. Bose"
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