What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]Read more "Conjugal Expectation of Lord Hale’s Ghost"
Sole Arbitrator was appointed by parties themselves by mutual consent. There was no written agreement/contract containing an Arbitration Clause. Thus, an application under Section 11(6) was not maintainable. Whether Arbitrator’s mandate was terminated under Section 14(1)(a) could not be decided on an application under Section 11(6) and shall have to be considered by Court on […]Read more "Section 11(6) of The Arbitration Act V"
The Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (‘State Act’) was reserved for consideration of President of India and Presidential assent has been obtained. Recently, G. Mohan Rao v. State of Tamil Nadu, 2021 SCC OnLine SC 440 has observed, whole exercise of pointing out any repugnancy, after receiving assent of […]Read more "The Doctrine of Separation of Powers II"
Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]Read more "Domain Name II"
Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]Read more "Furlough II"
The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]Read more "The British School, New Delhi"
Reconciliation of ambiguous terms in commercial contracts has been a contentious issue across jurisdictions. Rainy Sky SA v. Kookmin Bank,  UKSC 50 provided for resolution of such ambiguity, keeping ‘business common sense’ as central. The principle was further developed by UK Supreme Court in Arnold v. Britton,  UKSC 36. A decisive method was […]Read more "The Contra Proferentem Rule VII"
State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"
According to Snapdeal, by offering for registration, domain names which include ‘Snapdeal’, Domain Name Registrars (DNRs) are facilitating infringement of Snapdeal’s registered mark and are also themselves infringers within meaning of Sections 28 and 29 of The Trade Marks Act, 1999. If domain names are deceptively similar to ‘Snapdeal’, GoDaddy is indulging in infringement of […]Read more "Domain Name I"
It is quite extraordinary, how word mark ‘Ganesh’ was registered without any restriction or limitation. When a mark is registered, Registering Authority may do so without any condition or limitation. Absence of a disclaimer does not always vest an exclusive right over a word mark. In our case, registration of word mark ‘Ganesh’ was without […]Read more "Name of God"
My Lord, Revocation Petition under Section 64 of The Patents Act, 1970 is subject to The Limitation Act, 1963? No. Section 2(1)(t) of The Patents Act, 1970 defines a ‘person interested’. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360 observed, a person may not be a ‘person interested’ when grant of concerned patent was […]Read more "Section 64 of The Patents Act, 1970"
Bharat Damodar Kale v. State of Andhra Pradesh, (2003) 8 SCC 559 and Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394 as against Krishna Pillai v. T.A. Rajendran, 1990 (Supp.) SCC 121 was Referred to a Three Judge Bench which in turn Referred to a Larger Bench. Sarah Mathew v. Institute of Cardio […]Read more "Section 468 of The Code of Criminal Procedure, 1973"
The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]Read more "Res Ipsa Loquitur I"
The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Court has held, every ‘disorder’ does not meet threshold of a disturbance to ‘public order’, unless it affects community at […]Read more "Preventive Detention Statute III"
“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]Read more "The Doctrine of Basic Structure III"
While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]Read more "Right to Property"
A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of limitation, running in its favor, by virtue of such frauds [Pallav Sheth v. Custodian, (2001) 7 SCC 549]. Section 17 of […]Read more "Referred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV"
It is more than well-settled, Court has to avoid interpretations which will result in a head-on clash between two Sections of an Act. One provision has to be construed with reference to other provisions, so as to make a consistent enactment. Mahadeo Prasad Bais (Dead) v. Income-Tax Officer ‘A’ Ward, Gorakhpur, (1991) 4 SCC 560 […]Read more "Backdrop of Dominant Purpose II"
It is fundamental, whenever a material alteration takes place in terms of the original contract, on account of any act of omission or commission on part of one party, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood in context […]Read more "Abandonment"
Burberry Ltd. filed a suit under Sections 134 and 135 of The Trade Marks Act, 1999 and Section 55 of The Copyright Act, 1957 for a permanent injunction restraining Aditya Verma from violating proprietary rights. Learned ADJ, Patiala House Courts, New Delhi dismissed Burberry’s suit. Trial Court has completely misdirected itself in placing undue emphasis […]Read more "Burberry"