Principles of Natural Justice VIII / The Revival of Ray XCI

RBI has been issuing ‘Master Directions’ on diverse issues since 2016. Every proceeding which involves civil consequences or adversely affects a citizen should be in accordance with Principles of Natural Justice. Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 held, since blacklisting affects privileges of a blacklisted person, fundamentals […]

Claim of Juvenility V / Review of Death Penalty XXXV

This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility. It has crossed our mind, whether a boy of 12 years could commit […]

The Doctrine of Chilling Effect

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 […]

Review of Death Penalty XXXIV

Anvar, (2014) 10 SCC 472 as clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 is law declared on Section 65B of The Indian Evidence Act, 1872. We deem it appropriate to eschew electronic evidence. It is clear, there is no reason to doubt guilt. Even though Sundar has committed a ghastly crime, there is possibility of […]

SC Resolves Conflict Between NI Act & IBC

Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]

Drugs & Cosmetics

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 […]

Air Purifier

The question would arise, whether invention claimed in ‘Air Decontamination Assembly’ [Application No. 201741016833] is no more than a workshop improvement/mere application of an old contrivance? Can it be described as a lucky accident? In opinion of this Court, subject invention is not a mere addition to a well-known combination. It has some new features […]

Rip Van Winkle Policy

Campus Activewear Limited’s press for relief can only be decided on claim of passing off. On a comparison, it is undeniable, there are structural and phonetic similarities between ‘CAMPUS’ and ‘CAMPS’. Rama Shankar Garg, sole proprietor of M/s. Baba Footwear, is the registered owner of the mark ‘CAMPS’. ‘CAMPS’ was accorded registration as early as […]

Run, D.K. Bose

‘College Romance’, Season 01, Episode 05 titled ‘Happily Fucked Up’ 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 medium, which in this case is spoken […]

Compassionate Appointment VI

Lindsay Petroleum Co. v. Prosper Armstrong, (1874) 3 PC 221; Sushma Gosain v. Union of India, (1989) 4 SCC 468; Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138; Jagdish Prasad v. State of Bihar, (1996) 1 SCC 301; Haryana State Electricity Board v. Hakim Singh, (1997) 8 SCC 85; State of Haryana […]

Review of Death Penalty XXXIII

Division Bench of High Court of Madhya Pradesh affirmed Death Sentence awarded by Trial Court. We do not find any reason to doubt correctness of birth certificate. Appellant is held to be less than 16 years and, therefore, maximum punishment could be upto 3 years. His incarceration beyond 3 years would be illegal and, therefore, […]

Magic Formula

My Lord, Political Question? No. Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.” Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path. Appointment […]

Section 364A, Indian Penal Code II

Court, notably in Anil v. Administration of Daman & Diu, (2006) 13 SCC 36; Vishwanath Gupta v. State of Uttaranchal, (2007) 11 SCC 633 and Vikram Singh v. Union of India, (2015) 9 SCC 502, has clarified essential ingredients to order a conviction for commission of an offence under Section 364A. Most recently, Court in […]

Primacy of Views IV: The Odisha Lokayukta Act, 2014

Division Bench of High Court set aside an Order of Odisha Lokayukta, in exercise of power conferred under Section 20(1) of The Odisha Lokayukta Act, 2014, to initiate a preliminary inquiry on a complaint received from Mr. Ranjan Kumar Das [Deputy Superintendent of Police, Vigilance Cell Unit, Bhubaneswar] indicating alleged corruption of Dr. Pradip Kumar […]

Science for Everyone: DNA VI

Ajinkya alleged, Aparna was in an adulterous relationship with Kshitij Bafna. He found certain intimate messages. Ajinkya caused a DNA test at DNA Labs India. DNA Test Report indicated, “probability of paternity is 0%.” _____ Section 112 of The Indian Evidence Act, 1872 is based on presumption of public morality and public policy [Sham Lal […]

Pushtaini, Non-Pushtaini Landholders

While, prima facie, said classification seems reasonable, the devil lies in the details. Courts have now adopted proportionality test [Om Kumar v. Union Of India,(2001) 2 SCC 386]. A classification should come with safeguards against its potential abuse [Gujarat Mazdoor Sabha v. State of Gujarat, (2020) 10 SCC 459]. The said notification by way of […]

Five Judges in February

Half-baked Lawyers serve no purpose. – Hon’ble Justice Sanjay Kishan Kaul, Bar Council of India v. Bonnie Foi Law College, [Civil Appeal No. 969 of 2023]. _____ We may note, CJI B.P. Sinha’s Dissent in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, AIR 1962 SC 853: The right of ex-communication vested is not […]

Curse of Biscuit Cases

It is now settled, proprietor of one registered trade mark can sue proprietor of another registered trade mark [Raj Kumar Prasad v. Abbott Healthcare Pvt Ltd., (2014) 60 PTC 51, Corza International v. Future Bath Products Pvt Ltd., 2023 SCC OnLine Del 153]. It is trite, Court has to tread cautiously when it has to […]

Rana Ayyub

The Prevention of Money-Laundering Act, 2002 provides for a two-pronged approach, one for dealing with ‘proceeds of crime’ and other for dealing with persons guilty of offence of money-laundering. As articulated in Kaushik Chatterjee v. State of Haryana, (2020) 10 SCC 92 jurisdiction of a Criminal Court is determined by (i) offence and/or (ii) offender. […]

Toy Pistol

Appellant, through Application No. 3757855, sought registration of ‘COCK’ word mark for ‘water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28’. The objection of Learned Senior Examiner predicated on registration granted to Chinna Nadar. Chinna Nadar’s mark is a composite device mark which includes words: ‘COCK […]

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Statutory Interpretation