Union Territory, Chandigarh Administration v. Pradeep Kumar, (2018) 1 SCC 797: whether it was an ‘honourable acquittal’ or only an extension of benefit of doubt, are aspects to be considered. State of Rajasthan v. Love Kush Meena, (2021) 8 SCC 774: mere fact of an acquittal would not suffice. Union of India v. Methu Meda, […]
Read more "Honourable Acquittal IV"In 1968, Hague-Visby Rules introduced a modified version of International Convention for Unification of Certain Rules of Law relating to Bills of Lading [Hague Rules, 1924]. Hague-Visby Rules are enacted into English law by Carriage of Goods by Sea Act, 1971. Hague/Hague-Visby Rules were widely adopted internationally. Hamburg Rules were not accepted and Rotterdam Rules […]
Read more "Bills of Lading"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"15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]
Read more "Exhumation"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) […]
Read more "Star"If persons who participated in a selection process but who could not make it to the final list of selected candidates on account of alleged corrupt practices adopted by those in power are not ‘victims’, we do not know who else could be a ‘victim’. Section 2(wa) of The Code of Criminal Procedure, 1973. Hon’ble […]
Read more "Locus Standi in Access to Justice"Phool Singh had entered Rajasthan Police Service as a Constable in 1987. He was posted at Police Station: Mania, District: Dholpur (Rajasthan). The question before this Court is only to see whether Phool Singh can be reinstated for he has been acquitted by a Criminal Court. There should be no ambiguity in law on this […]
Read more "Honourable Acquittal III"Amendments made by Arbitration Amendment Act, 2019 have been somewhat a non-starter. _____ Fourth Schedule came into effect on 23.10.2015. Fourth Schedule is not applicable to International Commercial Arbitrations and where Arbitrators’ Fees are to be determined in accordance with Rules of Arbitral Institutions. _____ Arbitrator’s Fees must be fixed at inception to avoid unnecessary […]
Read more "Fourth Schedule Fee"Estonia-based-Plaintiff submits, Defendants are using an identical mark ‘BOLT’ with an identical color scheme. Plaintiff: SC has held, when an urgent interim relief is being sought, suit can be filed without resorting to pre-litigation mediation. Defendants: SC has held, with effect from 20.08.2022, pre-litigation mediation under Section 12A of The Commercial Courts Act, 2015 is […]
Read more "Bolt, Pre-Litigation Mediation"Section 18 of The Maharashtra Control of Organized Crime Act, 1999 uses the expression, “not below the rank of the Superintendent of Police.” Nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441 observed, “not only is the word ‘primacy’ inextricably linked up with the words ’rank’ and ‘precedence’ but […]
Read more "[Rank] Investigation III"St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]
Read more "Writ Against Termination of Service by Private Bodies"Section 12A, inserted by The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018, cannot be described as a mere procedural law. Parliament intended to give it a mandatory flavor. It is logical, just and imperative, to attempt and persevere in out-of-the-box thinking. At least when Parliament has decided to […]
Read more "The Drastic Power of Rejecting a Plaint VI"Plaintiffs claim, lock, stock and barrel copying by Defendant. Defendant labels both Plaintiffs and itself as pirates, sailing in high seas of prior art(s). Hipster Bottles were launched by Plaintiff No. 1 in India in May, 2019. Plaintiff No. 1 is Proprietor of Registered Design No. 306577 in terms of Section 2(1)(j) of The Designs […]
Read more "No Bottle, Just Bottle I"A cargo containing fruits and vegetables was sent twice from Mumbai to Canada via London by employing services of British Airways. Those aggrieved against air carriers, are barred, even if accompanied by sufficient cause, to bring an action for damages after 2 years. Our task is to decipher Rule 30 of Second Schedule of […]
Read more "The Plea of Limitation XVIII: Air Carriers"T.V. Today Network Limited, incorporated under The Companies Act, 1956, operating ‘AajTak’, ‘AajTak HD’, ‘India Today Television’ and ‘Good News TV’, submitted, Defendants Nos. 1 to 9 tarnished its reputation. The suit is not just for relief against ‘defamation’, which would certainly not constitute a ‘commercial suit’, but is one in which violation of ‘copyright’ […]
Read more "Defamation in Commercial Suit"It is trite to refer to tenets laid down in Palermo and Vienna Conventions. There has been a consensus, acquisition-possession-use-concealing or disguising illicit origin of illegitimately obtained money to evade legal consequences would be money-laundering. However, growth of jurisprudence in this law did not stop or end… _____ We hold, Section 24 of The […]
Read more "Burden of Proof"Writ of Habeas Corpus has always been given due signification as an effective method to ensure release of those detained in prison. It’s a swift and imperative remedy in all cases of illegal restraint or confinement [Secretary of State for Home Affairs v. O’Brien, (1923) AC 603]. It has through ages been ‘jealously maintained’ by […]
Read more "The Writ of Habeas Corpus"
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