“S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 had occasion to consider the requirements of Section 141. “What is required is that the persons who are sought to be made criminally liable under Section 141 should be at the time the offence was committed, in charge of and responsible to the company for […]
Read more "Section 141, The NI Act I"“Doctrine of Contemporanea Expositio is applied as a guide to the interpretation of a statute or even document by referring to the exposition that the same had received from competent authority at the relevant point of time. An exposition standing for a long length of time is considered to be a law settled and is […]
Read more "The Doctrine of Contemporanea Expositio II"E.P. Royappa, (1974) 4 SCC 3 is clear, the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is woven, […]
Read more "The Tenth Schedule"“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and the statutory duty which replaced it was also absolute.” – Diplock L.J., Griffiths v. […]
Read more "Lord Wright / The Fall of Clock Tower"“Anvar, (2014) 10 SCC 472 made it clear that, special provisions of Sections 65A and 65B of The Indian Evidence Act, 1872 are a complete code in themselves when it comes to admissibility of evidence of information contained in electronic records and also a written certificate under Section 65B(4) is a sine qua non for […]
Read more "Section 65A, 65B of The Indian Evidence Act"If you have incomplete information on how a particular law has progressed, it is very likely your skill before Court would produce, every now and then, a significant margin of error. Eashan Ghosh’s efforts with ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’, (Thomson Reuters, 2020) is highly commendable. It is not for […]
Read more "Article No. 840: An Honest Concurrent Use"“The remedy under Order 7, Rule 11 is an independent and special remedy. In Azhar Hussain v. Rajiv Gandhi, 1986 Supp. SCC 315 this Court held, the whole purpose of conferment of powers under this provision is to ensure, a litigation which is meaningless, and bound to prove abortive, should not be permitted to waste […]
Read more "The Drastic Power of Rejecting a Plaint III"Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]
Read more "Rudra – Shiva"“As per Concise Oxford English Dictionary (Twelfth South Asian Edition, Page 307), one of the meanings assigned to the verb ‘consume’, derived from latin ‘consumere’ (con – ‘altogether’ + sumere – ‘take out’), is ‘eat, drink or ingest – use up – (especially of a fire) completely destroy’. The noun derived from this verb is […]
Read more "Consume"“Section 197 of The Code of Criminal Procedure, 1898 is in pari materia with Section 197 of The Code of Criminal Procedure, 1973. In State of Orissa v. Ganesh Chandra Jew, AIR 1955 SC 287 this Court interpreted use of the expression ‘official duty’ to imply, the act or omission must have been done by […]
Read more "Section 197 of The Code of Criminal Procedure, 1973"We may recall the Constitution Bench Judgment of this Court in Additional District Magistrate, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521 where Majority of the Judges had taken the view that after proclamation of Emergency under Article 352, no proceedings can be initiated for enforcement of right under Article 21. Justice A.N. Ray, C.J., […]
Read more "The Revival of Ray XLVIII"‘Rexona’ or ‘Reebok’ prima facie appear to be invented or coined words. They may command a higher degree of protection if there is a contest. As regards ‘Magic’/’Magical’ and ‘Masala’, the words are commonly used in the food and cosmetic industry. Therefore, neither ITC nor Nestlé can claim any monopoly. No person can appropriate common […]
Read more "The Magic in Masala"My Lord, Jurisdiction of Family Court for Application of Divorced Muslim Woman for Maintenance under Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986? No. After Shah Bano, (1985) 2 SCC 556 The Muslim Women’s Protection Act, 1986 was enacted with effect from 19.05.1986 as per which a divorced Muslim woman […]
Read more "Referred To Larger Bench XXIV Unanswered: The Muslim Women’s Protection Act, 1986"Even amidst realizations of minor privileges, one may still pray for safety. It’s certainly not the first thought to strike you when being driven around by a trustworthy friend in a Bayerische Motoren Werke Aktiengesellschaf car. I had a ticket for Seat No. 1D, bought with an additional expense of Rs. 1000/-, in my hand. […]
Read more "आओ कभी हवेली पे"“Ramnath & Co., who had been engaged in providing services to certain foreign buyers of frozen seafood and/or marine products and had received service charges from such foreign buyers/enterprises in foreign exchange, claimed deduction under Section 80-O of The Income Tax Act, 1961. As noticed, Section 80-O of the Act has a unique purpose and […]
Read more "The Dictionary Meaning / The Revival of Ray XLVII"“The case hinges entirely on circumstantial evidence. The cause of death was found to be shock and hemorrhage due to excessive bleeding caused by multiple wounds. It cannot be disputed that the death was homicidal and it was caused with the intent to commit murder. The circumstances may indicate that the theft and murder must […]
Read more "The Questionable Murder"Gopal Prasad was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20.05.1970, at about 15½ years of age. He may have been a minor, but certainly not a toddler. It is absurd that any rational employer, far less a statutory body, would appoint a toddler. The hypothesis of appointment of a toddler is […]
Read more "Referred to Larger Bench XXIII: Consequential Benefits of Gopal Prasad"“Paragraph 19 of Ssangyong Engineering, (2019) 15 SCC 131 noted that, the expansive interpretation given to “public policy of India” in Saw Pipes, (2003) 5 SCC 705 and Western Geco International Limited, (2014) 9 SCC 263 had been done away with and a new ground of ‘patent illegality’ was introduced which would apply to applications […]
Read more "Section 34(2A) of The Arbitration Act I"A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely a ‘fantasy of doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all factors together, conscience of Court is not satisfied, Will in question […]
Read more "The Proof of Valid Wills II"Broadcasts on Republic TV on 16.04.2020 and R Bharat on 21.04.2020, in relation to an incident at Gadchinchle [Palgarh, Maharashtra], led to lodging of multiple First Information Reports against Arnab Ranjan Goswami. The broadcast is the foundation of the allegation, offences have been committed. To allow a journalist to be subjected to pursuit of remedies […]
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