“Public Servants are like fish in water… none can say when and how a fish drank water.” It may be noted, maintenance of high standard of conduct and character of Judicial Officers has always been a matter of great concern for this Court [C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457; Sadhna […]
Read more "Purity of Character III"Law recognizes three types of possession – of an owner, as a tenant and permissive possession, possession which otherwise would be illegal or of a trespasser. We are concerned with permissive possession. The possession of Rajendra Prasad Agarwal and Meera Agarwal in a room of an Old Age Home is of a licensee permitted to […]
Read more "Care for Elders ≠ Old Age Home"Learned Senior Counsel, Shri Harish N. Salve is justified in relying on Hyder Consulting (UK) Limited v. Governor, State of Orissa, (2015) 2 SCC 189. Learned Senior Counsel, Shri Parag P. Tripathi submits, Hyder Consulting (UK) Limited would not be of any assistance. It will be apposite to refer to Regional Manager v. Pawan […]
Read more "Section 31(7) of The Arbitration Act IX / The Revival of Ray LXXXV"Sole Arbitrator was appointed by parties themselves by mutual consent. There was no written agreement/contract containing an Arbitration Clause. Thus, an application under Section 11(6) was not maintainable. Whether Arbitrator’s mandate was terminated under Section 14(1)(a) could not be decided on an application under Section 11(6) and shall have to be considered by Court on […]
Read more "Section 11(6) of The Arbitration Act V"The Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (‘State Act’) was reserved for consideration of President of India and Presidential assent has been obtained. Recently, G. Mohan Rao v. State of Tamil Nadu, 2021 SCC OnLine SC 440 has observed, whole exercise of pointing out any repugnancy, after receiving assent of […]
Read more "The Doctrine of Separation of Powers II"Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]
Read more "Domain Name II"Court in a series of decisions has reiterated, Courts should not rush in where even scientists and medical experts are careful to tread. We cannot evolve a judicial policy on medical issues. However, Court certainly must defend assertion of fundamental rights against Executive tyranny draped in disciplinary power [Pyarali K. Tejani v. Mahadeo Ramchandra Dange, […]
Read more "Dialogic Jurisdiction III / The Revival of Ray LXXXIV"Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]
Read more "Furlough II"On receiving an intelligence input, Directorate of Revenue Intelligence had intercepted a Pakistan Flag Ship, ‘Al Madina’, in Indian territorial waters on 21/05/2019. Narcotics were being clandestinely brought into Gujarat from Pakistan. During interrogation, Captain stated, delivery had to be made at a particular position on sea for which a communication was to be sent […]
Read more "104 Kilograms of Sea Gold"The principle for binding Non-Signatories as laid down in Chloro Controls India Pvt. Ltd. v. Severn Trent Water Purification Inc., (2013) 1 SCC 641 was applied in context of a Domestic Arbitration in Ameet Lalchand Shah v. Rishabh Enterprises, (2018) 15 SCC 678. Three-Judge Bench of this Court in Cheran Properties Ltd. v. Kasturi & […]
Read more "Non-Signatories to Arbitration III"The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]
Read more "The British School, New Delhi"Reconciliation of ambiguous terms in commercial contracts has been a contentious issue across jurisdictions. Rainy Sky SA v. Kookmin Bank, [2011] UKSC 50 provided for resolution of such ambiguity, keeping ‘business common sense’ as central. The principle was further developed by UK Supreme Court in Arnold v. Britton, [2015] UKSC 36. A decisive method was […]
Read more "The Contra Proferentem Rule VII"State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]
Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]
Read more "Political Vendetta"Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]
Read more "Disciplinary Proceedings VIII"Dr. Harish Kumar Khurana v. Joginder Singh, (2021) 10 SCC 291 held, hospital and doctors are required to exercise sufficient care in treating patients in all circumstances. However, in an unfortunate case, death may occur. It is necessary, sufficient material on medical evidence is available to conclude: death is due to medical negligence. A medical […]
Read more "Medical Negligence and Consumer Law III"Having regard to circumstances, preceding and following deceased being last seen together with accused, Court has no hesitation in holding, prosecution had proved beyond reasonable doubt all circumstances, so conclusive as to rule out possibility of any other hypothesis except guilt. We deem it proper to commute Death Sentence to Life Imprisonment. The only […]
Read more "Review of Death Penalty XXVI"M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]
Read more "Disciplinary Proceedings VII"According to Snapdeal, by offering for registration, domain names which include ‘Snapdeal’, Domain Name Registrars (DNRs) are facilitating infringement of Snapdeal’s registered mark and are also themselves infringers within meaning of Sections 28 and 29 of The Trade Marks Act, 1999. If domain names are deceptively similar to ‘Snapdeal’, GoDaddy is indulging in infringement of […]
Read more "Domain Name I"It is quite extraordinary, how word mark ‘Ganesh’ was registered without any restriction or limitation. When a mark is registered, Registering Authority may do so without any condition or limitation. Absence of a disclaimer does not always vest an exclusive right over a word mark. In our case, registration of word mark ‘Ganesh’ was without […]
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