Kasinka Trading v. Union of India, (1995) 1 SCC 274. Shrijee Sales Corporation v. Union of India, (1997) 3 SCC 398. STO v. Shree Durga Oil Mills, (1998) 1 SCC 572. State of Rajasthan v. Mahaveer Oil Industries, (1999) 4 SCC 357. Shree Sidhbali Steels Ltd. v. State of U.P., (2011) 3 SCC 193. “This […]
Read more "Promissory Estoppel V"“In a society which has moved away from being a simple agrarian society to a complex modern society in the computer age, the earlier simple test of control, whether or not actually exercised, has now yielded more complex tests in order to decide complex matters which would have factors both for and against the contract […]
Read more "Contract of Service v. Contract for Service"Raja and 13 others enrolled themselves in ‘Tamilar Pasarai’ to blast ‘Namakkal Kavignar Maligai’. “The law of confession is embodied in Sections 24 to 30 of The Indian Evidence Act, 1872. It is well-settled, a confession which is not free from doubt about its voluntariness, is not admissible in evidence. A confession caused by inducement, […]
Read more "The Confession"Steven Peter Devereux Smith in 73 Tests has scored 7227 Runs, including 26 Centuries, at an Average of 62.84. Virat Kohli in 86 Tests has scored 7240 Runs, including 27 Centuries, at an Average of 53.62. A difference of 13 Tests has caused a difference of 13 Runs! The undoubtable talent is further evident from […]
Read more "The Case of Mr. Steve Smith"Ramjit Singh Kardam v. Sanjeev Kumar, [Civil Appeal No. 2103 of 2020] referred to Ratnagiri Gas and Power Pvt. Ltd., (2013) 1 SCC 524 to understand, law casts a heavy burden on a person alleging mala fides. Ratnagiri Gas and Power Pvt. Ltd. had referred to Ajit Kumar Nag, (2005) 7 SCC 764 to declare, […]
Read more "The Revival of Ray XLII"“A little known fact is that Nani was working at the Bombay racecourse as a totalizer while he was studying. The job demanded accuracy and speed. In the early stages of his career, Nani would take up all sorts of cases. “My Lord, I would have sat down long ago but for my conviction that […]
Read more "Nani A. Palkhivala"Bayerische Motoren Werke Aktiengesellschaf was founded in Munich, Germany in 1916. The commercial ties of BMW AG, in India, began in 1987 when the automobiles bearing the BMW marks were first sold. Om Balajee Automobile (India) Private Limited is manufacturing, marketing and selling e-rickshaws, e-cart rickshaws etc. under the trademark DMW. BMW AG got knowledge […]
Read more "BMW v. DMW : Luxury Car v. E-Rickshaw"“We have used the expressions ‘cause country’, which will mean the country in which the decree was issued [England] and ‘forum country’, which would mean the country in which the decree is sought to be executed [India]. If the law of the ‘cause country’ is to apply, the limitation would be 6 years and if […]
Read more "The Plea of Limitation XIII: Cause Country v. Forum Country"On 21.04.2007, around 5:30 PM, as soon as the marriage procession reached the courtyard, Bhagwan Singh fired celebratory gunshots from a licensed gun. The pellets struck 5; 2 succumbed to their injuries. The shots were fired towards the roof and were not aimed at any of the victims. Trial Court as well as High Court […]
Read more "Celebratory Gunshots"“We are reminded of the weighty observation of Justice V.R. Krishna Iyer in Pasupuleti Venkateswarlu v. The Motor & General Traders, (1975) 1 SCC 770. “We affirm the proposition that for making the right or remedy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the […]
Read more "The Revival of Ray XLI"Before 3-Judges in Mankastu Impex Private Limited v. AirVisual Limited, [Arbitration Petition No. 32 of 2018] it was submitted, i) declaration by 3-Judges in BGS Soma [Later Bench], to the effect 3-Judges in Hardy Exploration [Earlier Bench] did not declare ‘good law’, may not tantamount to an overriding of Hardy Exploration and ii) 3-Judges in BGS Soma […]
Read more "Seat of Arbitration I"“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram. It […]
Read more "Harassment of Agriculturists"“A plain reading of The Hindu Adoptions and Maintenance Act 1956 would make it clear, compliance of the conditions in Chapter I is mandatory for an adoption to be treated as valid. The consent of the wife and proof of the actual ceremony of adoption are two important conditions. M. Vanaja has failed to prove, […]
Read more "A Valid Adoption"“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975) 2 SCC 671. The word ‘or’ was given grammatical meaning. It was held, the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, Court will adopt that which is just, […]
Read more "Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II"“The maxim is quite well-known. The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. “Where there are general words in a later legislation capable of reasonable […]
Read more "Generalia Specialibus Non Derogant"“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with Section […]
Read more "My Precious Bitcoin"“In Brojo Nath Ganguly, (1986) 3 SCC 156 this Court considered the concept of unconscionable bargain. “The word ‘unconscionable’ is defined in Shorter Oxford English Dictionary, [Third Edition, Volume II, Page 2288] when used with reference to actions, etc. as “showing no regard for conscience; irreconcilable with what is right or reasonable”. An unconscionable bargain […]
Read more "Unconscionable Bargain"Five Judges in Dr. Shah Faesal v. Union of India, [Writ Petition (Civil) No. 1099 of 2019] have decided the following. “The rule of per incuriam means a Judgment passed in ignorance of a relevant statute or any other binding authority [See, Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 (CA)]. The view that […]
Read more "Per Incuriam III"Lawyers have no right to go on strike or even token strike. They cannot abstain from appearing in Courts in pursuance of a call for strike or boycott. These strikes interfere with administration of justice and put interests of clients in jeopardy. There is a duty owed [Ex-Capt. Harish Uppal, (2003) 2 SCC 45]. This […]
Read more "Independent Bar & Independent Bench II"
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