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 […]
Read more "Default Bail II"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 […]
Read more "Overawe"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. […]
Read more "My Name is Abu Salem II"Due to objections raised by Patent Office, Nippon A&L Inc. chose to amend claims to ‘process’ alone. It is common understanding, ‘product‘ claims are much broader than ‘process‘ claims. In present case, amendment of claims from ‘product by process’ to ‘process’ alone is clearly a step down. Section 59(1) of The Patents Act, 1970 as […]
Read more "Section 59 of The Patents Act, 1970"If criteria for promotion is merit-cum-seniority, comparative merit has to be evaluated. In case of merit-cum-seniority, even a Junior may steal a march over his Seniors for accelerated promotion. _____ What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective […]
Read more "The Doctrine of Prospective Overruling II"Pushpabai and Uttam, a T.V. Mechanic, got married on 19th March, 1994. It is alleged, Uttam was having an illicit relationship with Kusum Gaikwad. Pushpabai succumbed to her injuries on 31st March, 1995. Kundula Bala Subrahmanyam v. State of Andhra Pradesh, (1993) 2 SCC 684 highlighted significance of a Dying Declaration. Shudhakar v. State of […]
Read more "Dying Declaration"Government of Maharashtra, on 18/09/1978, exercising power conferred under Section 1(5) of The Employees’ State Insurance Act, 1948, extended provisions of ESI to certain classes of establishment – hotels, restaurants, shops, cinemas et cetera. Employees’ Insurance Court at Bombay, on 09/09/2021, declared, Board of Control for Cricket of India [BCCI/Board] is covered within meaning of […]
Read more "Section 1(5) of The Employees’ State Insurance Act, 1948"We could only appreciate thoroughness of investigation, where every step was appropriately and punctually taken and all relevant processes were methodically documented. We find criticism against Legal Aid Counsel to be unfair. Manoj Pratap Singh was rightly convicted by Trial Court and his conviction has rightly been maintained by High Court. After final conclusion on […]
Read more "Review of Death Penalty XXIX"There was unrest and violence all across State of Gujarat… It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]
Read more "Abhorrent Godhra"My Lord, ‘Mersal’ Infringed ‘Moondru Mugam’ Copyright? R.G. Anand v. M/s. Delux Films, (1978) 4 SCC 118 held, in order to determine whether there is substantial copying, spectator or viewer, after reading or viewing both works in question, should leave with the unmistakable impression: subsequent work is a copy of original. One of the challenges […]
Read more "The Case of Three Faces"Learned Additional Solicitor General, Ms. Aishwarya Bhati submitted, testimony of Doctor-PW10 was a clincher and left no manner of doubt: EX. CT. Mahadev had made Nandan Deb kneel down and thereafter fired two shots directly at him. Doctrine of Right to Private Defence is founded on instinct of self-preservation. Buta Singh v. State of Punjab, […]
Read more "Protective Gunshots"‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries. We feel, it is just […]
Read more "Kangaro"Since 2019, Courts where IPR cases are being listed in Delhi: District Judges/ADJs (Non-Commercial) for suits valued below Rs. 3 Lakhs; District Judges/ADJs (Commercial) for suits valued between Rs. 3 Lakhs till Rs. 2 Crores; Commercial Division of High Court (Original Jurisdiction) for suits above Rs. 2 Crores. Can District Judges (Commercial) entertain IPR suits […]
Read more "[Intellectual] Forum Shopping III"Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022. Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be […]
Read more "Bail For Narcotics"At this juncture, we may rely on Dilworth v. Commissioner of Stamps, (1899) AC 9 which has been consistently followed by this Court: “The word ‘include’ is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so […]
Read more "A “Means and Includes” Definition VIII"CAUTION: NOT ALL IS REVEALED, NOT ALL IS EXPLAINED “Bhai, I want you to come with me…” he paused, unsure. “Where to?” Gourango blurted out impatiently. “To the Nizamuddin Dargah. Today is Thursday. They have qawwali singers who shall sing for the Saint. I am going. I would be so honoured if you would come […]
Read more "How Gourango Lost His O"Dharam Deo Yadav v. State of U.P., (2015) 5 SCC 509 discussed reliability of DNA evidence. Pantangi Balarama Venkata Ganesh, (2009) 14 SCC 607; Santosh Kumar Singh, (2010) 9 SCC 747; John David, (2011) 5 SCC 509; Krishan Kumar Malik, (2011) 7 SCC 130; Surendra Koli, (2011) 4 SCC 80; Sandeep, (2012) 6 SCC 107; […]
Read more "Science For Everyone: DNA V / Review of Death Penalty XXVIII"For the offence under Section 63 of The Copyright Act, 1957 the punishment provided is imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine. Therefore, the maximum punishment which can be imposed would be 3 years. In view of consideration of Part III, First Schedule, CrPC – if […]
Read more "Section 63 of The Copyright Act, 1957"The principle of a ‘public servant holding office at pleasure’ of a President or Governor is incorporated in Article 310. See, Roshan Lal Tandon v. Union of India, (1968) 1 SCR 185; Union of India v. Tulsiram Patel, (1985) 3 SCC 398; B.P. Singhal v. Union of India, (2010) 6 SCC 331. _____ We have […]
Read more "The Rules of The Game Principle VII"Original controversy emanates from an FIR, dated 27.12.1988, registered by Sub-Inspector of P.S. Kotwali of Patiala District, Punjab on basis of information about an occurrence around 12:30 PM at Battian Wala Chowk. In our view, some material aspects have been missed out at stage of sentencing. International Cricketer, Navjot Singh Sidhu was tall and well-built. […]
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