“Demise Charter is a legal agreement where a Shipowner leases an empty Vessel to a Charterer, who assumes full possession, operational control and financial responsibility for the Ship during the period of agreement.” Appellant let out M.V. Nereus Progress on a Demise Charter to Nereides Marine Services and Respondent let out M.V. Bharadwaj. Appellant issued […]
Read more "Demise Charter"We are fully convinced, keeping overall facts and circumstances, applying long list of precedents evolved by this Court from Rosy Jacob v. Jacob A. Chakramakkal, (1973) 1 SCC 840 onwards, welfare of ‘M’ will be best served if she is in custody and guardianship of Father-‘R’. The Protection of Children from Sexual Offences Act, 2012 […]
Read more "Criminal Proceedings in Marriages II"Kerly recognizes the possibility of a situation where, before commencement of use of a registered trade mark by the registrant(A), another person(B) uses an identical mark, for identical goods, without registration and acquires goodwill. Kerly states, an impasse results, in which A can injunct B’s use on infringement and B can injunct A’s use on […]
Read more "Kerly’s Impasse"While a written examination objectively tests a candidate’s academic legal knowledge, a viva-voce brings out essential intellectual and personal qualities. A rule prescribing a minimum cut-off in an interview is binding upon all candidates who willingly participate. Manoj having failed to secure minimum qualifying marks in the viva-voce, has no vested right to appointment. There […]
Read more "The Rules of The Game Principle XII"Himachal Pradesh Board of School Education’s advertisement, dated 21.07.2016, stipulated, a candidate must possess a minimum of five years’ work experience in a reputed organization engaged in computer manufacturing and maintenance. The requirement was prescribed as part of the minimum eligibility criteria for appointment. The essential eligibility criteria was neither adhered to nor consciously dispensed […]
Read more "The Rules of The Game Principle XI"Three-Judge Bench of this Court in State of Kerala v. Chandramohan, (2004) 3 SCC 429 had an opportunity to discuss the concept of ‘tribe’ and its characteristics. It becomes clear, once a person belonging to a Scheduled Tribe converts to another religion, ultimately through passage of time, customs, rituals and other traits of that particular […]
Read more "Tribal Way of Life"An ‘indication’ and a ‘geographical indication’ too, has to convey or suggest geographical origin of goods to which it applies. A name which does not suggest geographical origin of goods is not an ‘indication’ under The Geographical Indications of Goods (Registration and Protection) Act, 1999 and cannot be a ‘geographical indication’ either. ‘Tirupati Laddoo’ qualifies […]
Read more "Tirupati Laddoo"Lord Denning observed in Beetham v. Trinidad Cement Ltd., (1960) 1 All ER 274, “A difference exists whenever parties are at ‘variance’; they need not be “locked in combat” or “come to blows”. It is sufficient if they are “sparring for an opening”.” – Hon’ble Justice S.V.N. Bhatti, M/s. Premium Transmission Private Limited v. State of Maharashtra, […]
Read more "Sparring for an Opening"We are in complete agreement with observations of G. S. Patel J in Lite Bite Foods Pvt. Ltd. v. AAI, 2019 SCC OnLine Bom 5163, that, “The guiding principle is neutrality, independence, fairness and transparency even in Arbitral-Forum selection process.” It would not be unreasonable for a party to apprehend, an Arbitrator unilaterally appointed by […]
Read more "Section 12(5) of The Arbitration Act VI"Viewed cumulatively, record does not support ‘innocent incarceration’ without any contribution to delay. The appropriate constitutional response, at this stage, lies in ensuring vigilant oversight of trial and its expeditious progression, rather than in eclipsing statutory mandate governing bail. Court cannot ignore, where evidentiary strength varies materially, need for continued detention likewise varies. We are […]
Read more "Architectural, Not Episodic"Contra Proferentem is not a principle of universal application and it does not merit applicability in case of commercial contracts, for a clause in a commercial contract is bilateral and has mutually been agreed upon. Any question as to unconscionableness of a stipulation contained in an agreement would probably arise for consideration only if it […]
Read more "The Contra Proferentem Rule VIII"Learned Arbitrator reserved his Arbitral Award on 28.07.2012 but pronounced it only on 16.03.2016. Significantly, no explanation worth the name was offered by him for the delay. Passage of time invariably debilitates frail human memory. Even if detailed notes were made, they would be a poor substitute to what is fresh immediately after conclusion of […]
Read more "Dilatory Arbitrators"It is an eye-opener for one and all. In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, A.N. Ray, CJ (as he then was), noted, varying needs of different classes of persons require special treatment. It was cautioned, equality cannot mean absolute equality. In other words, equality would only mean parity of treatment […]
Read more "Transgender Protection Cell / The Revival of Ray XCVIII"Vaneeta Patnaik is a Faculty Member of West Bengal National University of Juridical Sciences. Dr. Nirmal Kanti Chakrabarti was appointed as a Vice Chancellor of NUJS on 03.07.2019. September, 2019 – Dr. Nirmal insisted Vaneeta should accompany him for dinner. He even touched Vaneeta in a manner that made her extremely uncomfortable. October, 2019 – […]
Read more "Dr. Nirmal Kanti Chakrabarti"Well thought of and planned policies can crumble, like a sandcastle, at first hit of waves, if there isn’t a strong administration in place to implement them. Membership in a Public Service Commission is a position of significant constitutional trust and responsibility. Any conduct on part of its Members that appears subjective or raises suspicion […]
Read more "Leakage of Question Paper of Assistant Engineer (Civil) Mains Examination"It may be necessary to have a look at Section 133 of The Customs Act, 1962 which is analogous to Section 186 of The Indian Penal Code, 1860. In our considered opinion, the expression ‘intentionally’ used in Section 133 and the expression ‘voluntarily’ used in Section 186 connote the same meaning. Court while construing the […]
Read more "Intentionally, Voluntarily"The jurisprudential divide between irregular and illegal appointments is neither artificial nor academic Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1 held, mere technical irregularities in appointment processes, in absence of evidence of illegality, arbitrariness or fraud, cannot be a ground to undo appointments, especially when appointees are not at fault. Vikas Pratap […]
Read more "The Baishakhi Principle"Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy. Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets […]
Read more "Consequential or Inconsequential Import"Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]
Read more "Women Officers"The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]
Read more "Where Eagles Dare"
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