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 […]
Read more "Review of Death Penalty XXXIV"Umesh Chowdhary, on 01.10.2003, was allegedly murdered by Pradeep Kumar. Suspicion, howsoever grave or probable it may be, cannot substitute evidence. Normally, we do not interfere with concurrent findings of fact of Courts below. We step in only in exceptional cases or where gross errors are committed, overlooking crying circumstances and well established principles of […]
Read more "Extra Judicial Confessions III"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. […]
Read more "SC Resolves Conflict Between NI Act & IBC"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 […]
Read more "Drugs & Cosmetics"The presumption under Section 90 of The Evidence Act, 1872 is inapplicable when it comes to proof of Wills which have to be proved in terms of Sections 63(c) of The Succession Act, 1925 and Section 68 of The Evidence Act, 1872 [M.B. Ramesh v. K.M. Veeraje Urs, (2013) 7 SCC 490]. There are often […]
Read more "The Proof of Valid Wills V"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 […]
Read more "Air Purifier"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 […]
Read more "Rip Van Winkle Policy"‘College Romance’, Season 01, Episode 05 titled ‘Happily F****d Up’ [*5:24 to 6:40 and 25:28 to 25:46*] 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 […]
Read more "Run, D.K. Bose"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 […]
Read more "Compassionate Appointment VI"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, […]
Read more "Review of Death Penalty XXXIII"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 […]
Read more "Magic Formula"One prominent hurdle is undoubtedly ‘corruption’; ‘greed’ has been overpowering in its impact. Little wonder, outbreak of scams is commonly noticed. Since there exists no magic wand, as in fairy tales, a swish of which could wipe out ‘greed’, Constitutional Courts owe a duty to people to show zero tolerance to ‘corruption’. It would […]
Read more "First Information Report V"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 […]
Read more "Section 364A, Indian Penal Code II"Victim-Appellant, perhaps mercilessly and ruthlessly beaten up by Police Personnel present at premises of Minister-Jitendra Awhad, seeks transfer of investigation to CBI to investigate/re-investigate FIR Nos. 119 of 2020 and 120 of 2020 registered at Vartak Nagar Police Station, Thane. High Court has not committed any error in refusing to transfer investigation to CBI. But, […]
Read more "First Information Report IV"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 […]
Read more "Primacy of Views IV: The Odisha Lokayukta Act, 2014"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 […]
Read more "Science for Everyone: DNA VI"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 […]
Read more "Pushtaini, Non-Pushtaini Landholders"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]. The legal profession is a serious occupation and requires Advocates to maintain exemplary conduct both inside and outside Court [In Re: Sanjiv Dutta, Deputy Secretary, Ministry of Information and […]
Read more "Five Judges in February"Anna Mathews v. Supreme Court of India, [Writ Petition (Civil) No. 148 of 2023] Invariably a number of shoot down and dismissive letters and communications from all quarters are received. Only thereafter, and on consideration, Collegium of Supreme Court takes a final call, which is then communicated to Government. When eligibility is put in question, […]
Read more "Judges Judged Everyday"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 […]
Read more "Curse of Biscuit Cases"
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