Plaintiffs cannot seek a restraint against Defendants from using their registered trademark ‘MINDA UTO’ for Plaintiffs do not have registration for said goods under Class 04 while Defendants do. In view of Section 31 of The Trade Marks Act, 1999 registration of the trademark is prima facie evidence of its validity in favor of Defendants. […]
Read more "Uno Minda v. Minda Uto"Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]
Read more "Domain Name III"There exists a clear conflict. It is necessary to have clarity. _____ Same-Day Sentencing in a Capital Offence violates Principles of Natural Justice and is opposed to Section 235(2) of The Code of Criminal Procedure, 1973. Dattaraya v. State of Maharashtra, (2020) 14 SCC 290; Bhagwani v. State of Madhya Pradesh, Criminal Appeal Nos. […]
Read more "Referred to Larger Bench XXXI: Two Sets of Three-Judge Benches"Plaintiff has ‘WHITE LACE’ gin, ‘WHITE LACE’ vodka et cetera. It is submitted, on account of long, continuous and extensive use of the trade mark ‘WHITE LACE’ in relation to alcoholic beverages, Plaintiff has attained immense goodwill and reputation. It is submitted, Defendant has been selling identical products under the impugned mark: ‘WILD LAKE’. […]
Read more "White Lace v. Wild Lake"Though there is a fundamental right to establish educational institutions, same can be subject to ‘reasonable restrictions’ which are found necessary in general public interest. We may observe, there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of Pharmacy Colleges. Such restrictions may be in larger general public […]
Read more "Reasonable Restriction III"15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]
Read more "Exhumation"HTC Corporation v. L.V. Degao, 2022 SCC OnLine Del 953 has held, where there are two registered trademarks, registration of the later trade mark may be refused or cancelled: (i) when deception or confusion results, (ii) there is a dishonest user, (iii) subsequent use is without due cause, (iv) there is bad faith, or (v) […]
Read more "Star"If persons who participated in a selection process but who could not make it to the final list of selected candidates on account of alleged corrupt practices adopted by those in power are not ‘victims’, we do not know who else could be a ‘victim’. Section 2(wa) of The Code of Criminal Procedure, 1973. Hon’ble […]
Read more "Locus Standi in Access to Justice"Three recitals strongly point towards an unambiguous intention of parties to refer their dispute(s) to Arbitration. Even though Clause 18 lacks certain essential characteristics, in a Development Agreement which otherwise fortifies intention of parties to Arbitrate, deficiency of words cannot legitimize annulment of an Arbitration Clause. Three-Judge Bench in Enercon (India) Ltd., (2014) 5 SCC […]
Read more "Section 7 of The Arbitration Act"A ‘public servant’ is said to commit ‘criminal misconduct’ if he is in ‘possession’ of pecuniary resources disproportionate to his ‘known sources of income’ for which the ‘public servant’ cannot ‘satisfactorily account’. Explanation to Section 13(1)(e) of The Prevention of Corruption Act, 1988 defines ‘known sources of income’ to mean, income received from any […]
Read more "Lalita Kumari IV"Phool Singh had entered Rajasthan Police Service as a Constable in 1987. He was posted at Police Station: Mania, District: Dholpur (Rajasthan). The question before this Court is only to see whether Phool Singh can be reinstated for he has been acquitted by a Criminal Court. There should be no ambiguity in law on this […]
Read more "Honourable Acquittal III"Court must be extremely liberal in granting prayer for amendment if Court is of view if such amendment is not allowed, party, who has prayed for such an amendment, shall suffer irreparable loss and injury. The principles governing an amendment which may be permitted even after expiry of statutory period of limitation were laid down […]
Read more "Prayer of Amendment"Sub-Section 7 of Section 31 deals with pre-award and post-award interest. Hyder Consulting (UK) Limited v. Governor, State of Orissa (2015) 2 SCC 189 overruled State of Haryana v. S.L. Arora, (2010) 3 SCC 690. Justice Sapre was of view, Arbitrator only has discretion to determine rate of post-award interest. Justice Bobde did not […]
Read more "Section 31(7) of The Arbitration Act X"Amendments made by Arbitration Amendment Act, 2019 have been somewhat a non-starter. _____ Fourth Schedule came into effect on 23.10.2015. Fourth Schedule is not applicable to International Commercial Arbitrations and where Arbitrators’ Fees are to be determined in accordance with Rules of Arbitral Institutions. _____ Arbitrator’s Fees must be fixed at inception to avoid unnecessary […]
Read more "Fourth Schedule Fee"Estonia-based-Plaintiff submits, Defendants are using an identical mark ‘BOLT’ with an identical color scheme. Plaintiff: SC has held, when an urgent interim relief is being sought, suit can be filed without resorting to pre-litigation mediation. Defendants: SC has held, with effect from 20.08.2022, pre-litigation mediation under Section 12A of The Commercial Courts Act, 2015 is […]
Read more "Bolt, Pre-Litigation Mediation"Section 18 of The Maharashtra Control of Organized Crime Act, 1999 uses the expression, “not below the rank of the Superintendent of Police.” Nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441 observed, “not only is the word ‘primacy’ inextricably linked up with the words ’rank’ and ‘precedence’ but […]
Read more "[Rank] Investigation III"St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]
Read more "Writ Against Termination of Service by Private Bodies"Justice S. Talapatra along with Chief Justice T. Vaiphei, as Judges of High Court of Tripura on 31.10.2017, struck down Rule 3(3) of The Tripura State Civil Services (Revised Pension) Rules, 2009. At present, Justice S. Talapatra is Judge No. 3 at High Court of Orissa. _____ When specific statistics were provided before High […]
Read more "Pension is Not a Bounty III"That legislation can be struck down on ground of manifest arbitrariness is no longer open to any doubt, as has been held in Shayara Bano v. Union of India, (2017) 9 SCC 1. _____ Section 3(2) of The Prohibition of Benami Property Transactions Act, 1988 is declared as unconstitutional for being manifestly arbitrary. Section 3(2) of The Benami […]
Read more "The Doctrine of Manifest Arbitrariness"There is a serious dispute on validity of registration of design granted to Plaintiff on 22.04.2016. Defendant, at least prima facie, has been able to rebut presumption of validity of registration. The term ‘proprietor of a new or original design’ is defined in Section 2(j) of The Designs Act, 2000. Plaintiff, being an importer of […]
Read more "Design No. 282812 : LED Surface Light"
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