McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]
Read more "Hudson, Emden, Eichleay"Government of Madhya Pradesh, in excercise of power under Section 272, CrPC, on 28.03.1974, declared Hindi to be language of each Court in State except High Court. There is no such requirement laid down in respect of a Charge Sheet under Section 173, CrPC. With availability of various software and artificial intelligence tools for making […]
Read more "Language of Courts I"We are conscious, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 came to be overruled in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. M.P. Sharma had observed, privacy is not a right guaranteed by Indian Constitution. What is prohibited by Article 20(3) is procuring by compulsion, positive volitional evidentiary acts. It […]
Read more "Test Identification Parade"Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down correct law. It appears, attention of Learned Judges was not invited to T. Devaki v. Government of Tamil Nadu, (1990) 2 SCC 456 […]
Read more "Preventive Detention Statute V"It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue provides for doing a thing to be done in a particular manner, it can be done in no other manner. […]
Read more "Strict Construction of Election Law"When an investigation reveals new materials to be confronted with, a need for custody might arise subject to satisfaction of a Magistrate. State of Rajasthan v. Basant Agrotech (India) Ltd., (2013) 15 SCC 1 dealt with the words ‘time to time’: “Black’s Law Dictionary defined as follows, “occasionally, at intervals, now and then.” Stroud’s Judicial […]
Read more "Time to Time"Dr. Anand Teltumbde v. National Investigation Agency, 2022 SCC OnLine Bom 5174 has not been interfered with. _____ Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602; Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya, (1990) 4 SCC 76 and Usmanbhai Dawoodbhai Memon v. State of Gujarat, (1988) 2 SCC 271] were […]
Read more "Vernon’s Bail"It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are, hence, duty bound to examine allegations without being unduly hyper-technical in their approach. Bhim Rao Baswanth Rao Patil defeated K. Madan […]
Read more "Monstrosity of Winnability III"Chandrasekhara Aiyar J in Basdev v. State of Pepsu, AIR 1956 SC 488 observed, “demarcating line between ‘knowledge’ and ‘intention’ is no doubt thin.” Das Gupta J in Smt. Mathri v. State of Punjab, AIR 1964 SC 986 explained ‘intent’. It is derived from ‘archery’ or ‘aim’. It can only be deduced or inferred. Some […]
Read more "Intent"A conjoint reading of Section 34 of The Protection of Children from Sexual Offences Act, 2012 and Section 94 of The Juvenile Justice (Care and Protection of Children) Act, 2015 indicates hierarchy of documents to be accepted. No document produced was a date of birth certificate from a school or a matriculation or equivalent certificate. […]
Read more "Hierarchy of Documents / Claim of Juvenility VI"The role of Judiciary is to ensure, Legislature and Executive function within constitutional limits. Court has held, effect of Judgments can be nullified. However, nullification of Mandamus would be an impermissible legislative exercise. Respondent No. 1 could not have issued Orders, dated 17.11.2021 and 17.11.2022, in breach of Mandamus issued. – Hon’ble Justice B.R. Gavai, […]
Read more "The Writ of Mandamus IV"A disquieting trend has gained pace in recent times. An inclusion of payment of money as a condition for bail tends to create an impression, bail could be secured by depositing money alleged to have been cheated. We may, however, not be understood to have laid down, in no case should willingness to make payment […]
Read more "Money for Bail"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"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"Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]
Read more "Comparative Advertising IV"Law of abandonment is based upon the maxim ‘invito beneficium non datur’. It means, law confers upon a man no rights or benefits which he does not desire. In P. Dasa Muni Reddy v. P. Appa Rao, (1974) 2 SCC 725 this Court held, “abandonment of right is much more than mere waiver, acquiescence or […]
Read more "Invito Beneficium Non Datur / The Revival of Ray XCII"
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