Two months ago, Judges 2-3-4-5 of the Indian Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], The Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [The Chief Justice of India], to hear […]Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"
The Supreme Court considered the ‘incorporation by reference’ issue in a well-reasoned and comprehensive judgment in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction that the Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, […]Read more "Section 7(5) of The Arbitration Act II"
The Fourth Chapter is intriguingly titled ‘Bloodless Murder: Defamation‘. Senior Advocate Pinky Anand and her daughter Gauri Goburdhun have stood by Sections 499 & 500, IPC in Trials of Truth: India’s Landmark Criminal Cases, (Shobhaa Dé Books, Penguin, 2017). Here is brief excerpt from pages, 61 to 79: “The origin of defamation can be traced to […]Read more "Section 499 of the IPC IV"
This year, a lawyer’s petition before the Bombay High Court, had claimed that the trailers of The State vs. Jolly LL.B 2 (Jolly LLB 2) projected the Indian Judiciary and the Indian Legal System in a derogatory manner. The Court found that there was a “prima facie” case of Contempt of Court. It constituted a three-member committee […]Read more "The Nature of Judicial Power: Gautam Bhatia"
TOYOTA JIDOSHA KABUSHIKI KAISHA, launched the world’s first hybrid car, ‘Prius’ in Japan in the year 1997. In India, the car was released in the year 2009 and until that point of time Toyota had not obtained registration of the mark ‘Prius’ in the Indian jurisdiction. M/S PRIUS AUTO INDUSTRIES LIMITED, had got the mark […]Read more "The Goodwill in Passing Off Actions: The Toyota Prius Story"
In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454, speaking through Justice A.M. Khanwilkar disapproved of the “First Strike” Principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued that since the mother had not sought custody of the child by approaching any competent Indian Court prior […]Read more "The “First Strike” in Child Custody Battles II"
An Advocate represented its Client before a Motor Accident Claims Tribunal and charged a fee of Rs. 10,00,000 (Rupees Ten Lakhs). The Tribunal awarded compensation. The Client was compelled to sign a further cheque, in favour of the Advocate, towards payment of a certain percentage of the decretal amount. That cheque stood dishonoured and the […]Read more "A Legally Enforceable Debt III"