Contempt Jurisdiction X

Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and undertakings to mislead Courts in India, including this Court, when he had no intention to comply or abide by any of his assurances. Acts would demonstrate, […]

Fly High, Higher

Plaintiff’s grievance, pithily placed, is, Defendant has in a brazen and blatant manner copied Plaintiff’s registered trademark: ‘FLY HIGH’. Plaintiff has no exclusive right to use the word ‘HIGH’ which, as brought out by Defendant, is a fact concealed by Plaintiff. Defendant is right in stating, ‘FLY HIGHER’ is only used in conjunction with its […]

The Proof of Valid Wills IV / Non-Reportable Mirzapur

Ishwarbhai Madhavbhai Patel served in the Armed Forces from 1961 till his retirement in 1976. In 1990, Ishwarbhai is said to have started ‘Protection and Security Services’. Ishwarbhai breathed his last on 17.01.2021. It was at this stage, a Will, dated 28.05.2018, came to light. Elder Son-Appellant and Wife-Respondent No. 3, Partners, were excluded and […]

Papaver Somniferum L.

As such, ‘poppy straw’ would mean all parts of ‘opium poppy’ except seeds; ‘opium poppy’ has been defined under Section 2(xvii)(a) of The Narcotic Drugs and Psychotropic Substances Act, 1985 to mean, “the plant of the species Papaver somniferum L.”. Section 15 of 1985 Act provides for punishment for contravention in relation to ‘poppy straw’. […]

Faraaz

As discussed, right to privacy is not inheritable by heirs of deceased. Plaintiffs may have been successful if their personal right to privacy was in any way being infringed by making of this movie. But, unfortunately, no such circumstance has been pleaded by Plaintiffs. It is asserted, Plaintiffs are entitled to be left alone, to […]

T.I.M.E. v. Times

Settlement entered into between Plaintiff and TIME Inc. [22.04.2004, CS(OS) 1389/2003][1] has no relevance in present suit for infringement and passing off. Settlement Agreement cannot jettison phonetic similarity of marks qua a third party in another matter. ‘T.I.M.E.’ and ‘TIMES’ are phonetically identical. Letters in ‘T.I.M.E.’ are separated with dots. This is a trivial dissimilarity […]

Promissory Estoppel X

Motilal Padampat Sugar Mills, (1979) 2 SCC 409 was authored by Bhagwati J for a Two-Judge Bench. Within 2 years, Kailasam J for a Two-Judge Bench in Jit Ram Shiv Kumar, (1981) 1 SCC 11 found fault in Motilal Padampat Sugar Mills and held, observations made were not in tune with Judgments of Constitution Benches […]

Review of Death Penalty XXXI

High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]

Referred to Larger Bench XXXII: Hijab II

The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. Equality before law cannot be breached by State on basis of […]

Vibhu Bakhru & Amit Mahajan JJ

Learned Single Judge has dealt with arguments and contentions raised by SOOTHE and has rightly reached a prima facie conclusion, DABUR’s mark does not infringe SOOTHE’s trademark and DABUR is not passing off its goods as those of SOOTHE. As rightly argued by DABUR and decided by Learned Single Judge, ‘SUPER’ is descriptive and laudatory. […]

A Legally Enforceable Debt IV

Though a post-dated cheque might be drawn to represent a legally enforceable debt at the time of its drawing, the cheque must represent the legally enforceable debt at the time of encashment. The sum, as represented in the cheque at the time of encashment, was not owed. Since the cheque did not represent the […]

No Turn

It is evident, Plaintiff has a registered trade mark – ‘NO TURN’. Plaintiff has been in continuous use of this trade mark since 15.01.2008. Defendant is the prior user of the mark since 2007. The use of the mark by Defendant is intermittent and not voluminous so as to establish the defence under Section 34 […]

One Mark, One Source, One Proprietor

‘Classic Trinity Test’ of ‘Goodwill, Misrepresentation and Damages’ [Reckitt and Colman Products Ltd. v. Borden Inc, [1990] 1 All ER 873] – Satisfied. _____ Both parties claim proprietary rights and utilize the mark ‘GeoCrete’ in respect of identical goods. To permit concurrent use, in factual situation noted, would cause public confusion and result in violation […]

Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

Preventive Detention Statute IV

Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay in arresting, pursuant to ‘order of detention’, which is prima facie unreasonable, State must give reasons explaining. Bhawarlal Ganeshmalji v. State […]

Lord Hale’s Ghost Returns

The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]

Review of Death Penalty XXX

While every delay in forwarding FIRs may not necessarily be fatal, Courts may be duty bound to see effect of such delay on creditworthiness of investigation. State of Rajasthan v. Daud Khan, (2016) 2 SCC 607 interpreted ‘forthwith’ appearing in Section 157(1) of The Code of Criminal Procedure, 1973. On question of compliance of Section […]

Comparative Advertising II

Reckitt states, on 15.03.1979, it registered the word mark ‘HARPIC’. HUL also manufactures and markets a toilet cleaner, which is sold under the trademark ‘DOMEX’. Learned Single Judge declined Reckitt’s prayer to interdict HUL from broadcasting a TV Commercial. It necessary, fair amount of latitude be available to advertisers. There is an element of creativeness […]

Honourable Acquittal IV

Union Territory, Chandigarh Administration v. Pradeep Kumar, (2018) 1 SCC 797: whether it was an ‘honourable acquittal’ or only an extension of benefit of doubt, are aspects to be considered. State of Rajasthan v. Love Kush Meena, (2021) 8 SCC 774: mere fact of an acquittal would not suffice. Union of India v. Methu Meda, […]

Bills of Lading

In 1968, Hague-Visby Rules introduced a modified version of International Convention for Unification of Certain Rules of Law relating to Bills of Lading [Hague Rules, 1924]. Hague-Visby Rules are enacted into English law by Carriage of Goods by Sea Act, 1971. Hague/Hague-Visby Rules were widely adopted internationally. Hamburg Rules were not accepted and Rotterdam Rules […]

The Last Word

A Diversion for Lawyers and Others