No Bottle, Just Bottle

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 […]

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Remains of Gunpowder

Learned Counsel for Appellant has submitted, Complainant has a close nexus with Police Department as his Father is a Retired Inspector and his Brother and Sister are also Police Officers. Appellant has also brought to notice, Complainant had registered another criminal case in which Appellant already stands acquitted. Appellant claims to be falsely implicated, owing […]

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Provocation

Dauvram, for murder of Brother-Dashrath, was convicted under Section 302, IPC. In our opinion, this case will fall under Exception 1 to Section 300, IPC. K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567 interpreted Exception 1 to Section 300. For determining whether or not the provocation had temporarily deprived power of self-control, […]

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Comparative Advertising

Marico’s grievance pertains to Dabur. It is alleged, impugned advertisements convey a clear message: Marico’s product is ineffective and useless. On behalf of Dabur it is contended, impugned advertisements are protected under Article 19(1)(a) and are legitimate, honest, truthful, well substantiated and statistically proven.   A balance has to be struck. An advertiser cannot, while […]

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Defamation in Commercial Suit

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’ […]

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Thika Tenancy IV

Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 concluded, Nemai Chandra Kumar & Ors. were “Thika Tenants” within the meaning of Section 2(5) of The Calcutta Thika Tenancy Act, 1949. It was held, “Any Structure” includes both ‘Kutcha’ (temporary) or ‘Pucca’ (permanent) Structure. Mani Square Limited’s Review Petition (Civil) No. 1483 of 2015 succeeded […]

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Burden of Proof

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 […]

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First Information Report III

It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination. _____ We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, […]

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The Nature of Judicial Power: Chief Justice of India No. 58

Hon’ble High Court Hon’ble Chief Justice Date of Birth   Calcutta Prakash Shrivastava 31/03/1961 Bombay Dipankar Datta 09/02/1965 Madras Munishwar Nath Bhandari 13/09/1960 Allahabad Rajesh Bindal 16/04/1961 Karnataka Alok Aradhe [Acting CJ] 13/04/1964 Patna Sanjay Karol 23/08/1961   J&K Pankaj Mithal 17/06/1961   Madhya Pradesh Ravi Malimath 25/05/1962 Punjab and Haryana Ravi Shanker Jha 14/10/1961 […]

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The Writ of Habeas Corpus

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 […]

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5 Lakhs for Supreme Court II

Himanshu Kumar claims to be running an NGO: Vanvasi Chetna Ashram. Himanshu’s Writ Petition relates to an alleged massacre on 17th September, 2009 and 1st October, 2009 in Gachhanpalli, Gompad and Belpocha situated in District of Dantewada, State of Chhattisgarh. An aggrieved person can only claim, offence he alleges be investigated properly. But, he has […]

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Claim of Juvenility III

An unfortunate incident took place on 08.09.2017 in an institution in Gurugram. Bholu’s D.o.B. – 03/04/2001. _____    The ‘preliminary assessment’ made by Juvenile Justice Board under Section 15 of The Juvenile Justice (Care and Protection of Children) Act, 2015 is under consideration. A ’preliminary assessment’ decides on transferring the case of a ‘child’ between […]

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Readiness and Willingness II

Pt. Prem Raj v. D.L.F. Housing and Construction (Private) Ltd., AIR 1968 SC 1355; N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao, (1995) 5 SCC 115; His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar, (1996) 4 SCC 526; K.S. Vidyanadam v. Vairavan, (1997) 3 SCC 1; Balraj Taneja v. Sunil Madan, (1999) 8 […]

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The Case of Ayyappan and Koshi

Plaintiff’s Creative Team came across ‘Ayyappanum Koshiyum’, which was released on 07.02.2020 and was a huge success. Plaintiff sought assignment of Hindi Remake Rights. Recitals of Deed of Assignment, dated 13.05.2020, prima facie show, Remake and Dubbing Rights inter alia included making a New Cinematograph Film with Right to Dub the Malayalam Film as well […]

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Default Bail II

Government of India may consider introduction of a separate enactment [Bail Act] to streamline grant of bails. _____ Section 167(2) of The Code of Criminal Procedure, 1973 was introduced in 1978. This provision has got a laudable object behind it, which is to ensure an expeditious investigation and a fair trial. This is also another […]

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Overawe

Lal Singh v. State of Gujarat, (2001) 3 SCC 221: “Court in Collector of Customs v. D. Bhoormall, (1974) 2 SCC 544 held thus, “In all human affairs absolute certainty is a myth, and — as Prof. Brett felicitously puts it — ‘all exactness is a fake’. El Dorado of absolute proof being unattainable… legal […]

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My Name is Abu Salem II

Punishment cannot be disproportionately high or low. A delicate balance has to be kept in mind – an aspect recently discussed in Jaswinder Singh (Dead) v. Navjot Singh Sidhu, 2022 SCC OnLine SC 652.  What happened to Abu Salem in Portugal for some other trial/detention has nothing to do with proceedings against him in India. […]

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