Default Bail III

A date of remand is to be included for considering a claim for default bail, when computing 60/90 day period as contemplated in proviso (a) of Section 167(2), CrPC. Some favoured exclusion while a contrary view is taken in other cases. State of M.P. v. Rustam, 1995 (Supp) 3 SCC 221 ignored binding precedent of […]

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Section 37 of The NDPS Act III

Court expressed in Shaheen Welfare Association v. Union of India, (2009) 2 SCC 281 when stringent provisions are enacted, curtailing provisions of bail and restricting judicial discretion, investigation and trials would be concluded swiftly. Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 considered correct approach towards bail, with respect to several […]

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Principles of Natural Justice VIII / The Revival of Ray XCI

RBI has been issuing ‘Master Directions’ on diverse issues since 2016. Every proceeding which involves civil consequences or adversely affects a citizen should be in accordance with Principles of Natural Justice. Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 held, since blacklisting affects privileges of a blacklisted person, fundamentals […]

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Review of Death Penalty XXXIV

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 […]

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Extra Judicial Confessions III

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 […]

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SC Resolves Conflict Between NI Act & IBC

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. […]

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Drugs & Cosmetics

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 […]

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The Proof of Valid Wills V

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 […]

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Air Purifier

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 […]

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Rip Van Winkle Policy

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 […]

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Run, D.K. Bose

‘College Romance’, Season 01, Episode 05 titled ‘Happily Fucked Up’ 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 medium, which in this case is spoken […]

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Compassionate Appointment VI

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 […]

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Review of Death Penalty XXXIII

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, […]

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Magic Formula

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 […]

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First Information Report V

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 […]

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First Information Report IV

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, […]

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