Torrent Pharmaceuticals Ltd., ‘first past the post’, has a trade mark called ‘CHYMORAL’ and ‘CHYMORAL FORTE’, which is a drug administered post-surgically for swelling and/or wounds that may arise. They filed a suit against Wockhardt Ltd. for use of the mark ‘CHYMTRAL FORTE’. Fraud is not a necessary element of ‘passing off’ actions [Laxmikant, (2002) […]
Read more "Chymoral Forte v. Chymtral Forte : Acquiescing Passing Off"“A convict is sent to jail with the hope and expectation that he would make amends and get reformed. A positive change on a Death Row Convict should weigh the Court. The conduct of the convict in prison cannot be lost sight of. We are of the view that a time has come where we […]
Read more "Review of Death Penalty III"Sumit was Appellant Swapan’s first cousin, mother’s brother’s son. Appellant ‘kidnapped’, ‘drugged’, ‘throttled’ Sumit, placing ‘ransom calls’ for Rs. 20 Lakhs. Star Witness: Dulal Mahto, Driver, Indica Car No. JH 09D 6666. Unbroken chain of circumstances pointed unequivocally towards guilt. SC remembered well-settled legal propositions. First, Death Penalty is to be imposed only when it […]
Read more "Review of Death Penalty II"I had declared in December, 2014: “It might be very useful to find more instances such as these – with clever scrutiny of the Judge Compositions – in order to find a pattern of how frequently or infrequently an SC Judge alters or refines his Opinion/Judgment during his tenure. Especially if he has held one […]
Read more "Review of Death Penalty I"Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]
Read more "Beauty of NEET, 2018"“The parameters of exercise of power under Section 319, CrPC has been explained by this Court time and again. It is sufficient to refer to Constitution Bench Judgment in Hardeep Singh, (2014) 3 SCC 92. Constitution Bench held, the person against whom Court decides to proceed, “has to be a person whose complicity may be […]
Read more "Section 319 of The Code of Criminal Procedure, 1973 I"Several matters, every week, are considered for ‘legal aid’. I had briefly assisted Senior Advocate, Jaideep Gupta in this regard and had recommended aid for Ujwala Pandurang Toraskar v. Mormugao Port Trust [Diary No. 20112 of 2018]. Judgment of HC of Bombay at Goa [Writ Petition No. 279/2016], was challenged. On July 3, 2018 SC […]
Read more "Legal Aid"Hon’ble Justice Ashok Bhushan was Elevated as a Permanent Judge of the Allahabad High Court on April 24, 2001. Circa 2005 RNR: Landmark Judgments – Hallmark of Judicial Brilliance? AB: The Judges are only known by their Judgment. They cannot have their own ideologies or perspectives in contrast to Politicians. Therefore, Judgments are the only […]
Read more "Hon’ble Justice Ashok Bhushan"“An agreement was entered into with regard to development of property owned by the Appellants. This property is situated at 20, Feroz Shah Road, New Delhi which falls under Lutyens Zone. Respondent No. 2 paid a sum of Rs. 1,00,00,000 (Rupees One Crore). The agreement could not be fulfilled as the new building regulations prohibited […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 II"“The Appellants are daily rated workers employed in Group ‘D’ posts in the Forest Department in the State of Uttar Pradesh. They filed Writ Petitions before the High Court of Allahabad seeking regularization of their services, the minimum of the pay scales available to their counterparts working on regular posts and treating them as being […]
Read more "Minimum Pay Scales for Temporary Employees"Recent Elevations to Supreme Court of 7 Judges is interesting. None of them shall be Chief Justice of India after Hon’ble Justice Dr. Chandrachud. Seniority is neither based on age nor on experience. It is purely accidental. The following is an extract from A.R. Antulay, Appointment of a Chief Justice, (Popular Prakashan, 1973). “Many Judges […]
Read more "Appointment of a Chief Justice"The Chief Guest at the Inaugural Function on 27.10.2018 was Hon’ble Justice Rajendra Menon, Chief Justice, Del HC. The Chief Guest at the Valedictory Function on 28.10.2018 was Hon’ble Justice R.K. Agrawal, Former SC Judge and President, NCDRC. The ‘Moot Proposition’ was drafted by Mr. Ravi Prakash, Advocate, Supreme Court of India. The Proposition [Abridged] […]
Read more "Fourth Prof. N.R. Madhava Menon SAARCLAW Mooting Competition [India Round], 2018-19"‘Yes?’ It was the Lover of the Century, Raghu. ‘You have to leave this Girl. It’s been too long.’ ‘I am so over her.’ 5 WhatsApp Messages, Zara Lone: ‘It’s my Birthday. I hope you remember.’ 9th February. ‘This is insane,’ Saurabh kept chanting. ‘Ready?’ I said, putting on my helmet. ___ Victim is Zara […]
Read more "The Zara Lone Case"“The Bill of Lading makes it clear that the ‘merchant’ expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of The Bill of Lading whether typed, printed or otherwise. The Arbitration Clause is Clause 25, printed and annexed to The Bill of Lading. Respondent has expressly agreed to […]
Read more "Section 7(5) of The Arbitration Act III"“As early as in 1975, a Four Judge Bench of this Court in Pratap Narain Singh Deo v. Srinivas Sabata, (1976) 1 SCC 289 speaking through Shingal J. has held that an employer becomes liable to pay compensation as soon as the personal injury is caused to the workman in an accident which arose out […]
Read more "The Revival of Ray IX"“Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 explained the concept of ‘prejudice caused to the accused’ and held: “Trial is not vitiated unless the accused can show substantial prejudice. Some violations of the Code will be so obvious that they will speak for themselves as, for example, a refusal to give the […]
Read more "Principles of Natural Justice III"“Appeal is filed against Final Judgment and Order dated 18.12.2007 passed by High Court of Judicature of Rajasthan. Appellant is a Government Company, a Sick Company, engaged in manufacture of certain items. Respondent claimed, he worked with Appellant Company as a casual helper in its manufacturing plant from 10.06.1976 to 30.07.1977. He complained, by an […]
Read more "Compensatory Jusrisprudence of Constitutional Courts VIII : Ghanshyam Sharma"“There is a chequered history in this case, which is getting curious with each round of litigation. In English parlance, the word ‘suitable’ is assigned the meaning as ‘appropriate, fitted for the purpose or acceptable’. The Concise Oxford Dictionary defines the word ‘suitable’ as ‘well fitted for the purpose; appropriate’. This ordinary meaning is to […]
Read more "Suitable"“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock. We have given deep thought to the matter. The second marriage of the […]
Read more "Second Marriages and Child Custody"“Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the Donor to another called the Donee and accepted by or on behalf of the Donee as held by the Supreme Court in Naramadaben Maganlal, (1997) 2 SCC 255. As further held: “It would be clear that […]
Read more "Gifts, The Transfer of Property Act I"
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