SOURCE AND REFERENCE COURTESY SC: Section 106 of the Evidence Act does not absolve the prosecution of discharging its burden of proving the case beyond reasonable doubt [Read Judgment]

03 Mar 2021

The Supreme Court in, SHIVAJI CHINTAPPA PATIL v. STATE OF MAHARASHTRA stated that Section 106 of the Evidence Act forms an important facet, and the liability of the prosecution to prove its case beyond a reasonable doubt is not discharged.

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SOURCE AND REFERENCE COURTESY : High Court Under Article 226 And 227 Should Be Extremely Circumspect In Interfering With Orders Passed Under Arbitration Act: Supreme Court

9 April 2021

The Supreme Court reiterated that a High Court while exercising jurisdiction under Article 226 and 227 should be extremely circumspect in interfering..

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SOURCE AND REFERENCE COURTESY : Constitution doesn’t envisage Courts to be silent spectators when citizens’ rights infringed: Supreme Court

6 June 2021

The Indian Constitution does not envisage courts to be silent spectators when rights of citizens are infringed upon by executive policies, the Supreme Court has said while dealing with the Centre’s submission that courts should not interfere with its decisions on management of Covid-19.

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SOURCE AND REFERENCE COURTESY : The Reading List Project : Must-Read Books For Law Students & Lawyers

12 July 2020

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SOURCE AND REFERENCE COURTESY: Does Hindu Succession (Amendment) Act, 2005, Which Gave Equal Right To Daughters In Ancestral Property, Have Retrospective Effect? SC Judgment Tomorrow

10 Aug 2020

The Supreme Court will tomorrow pronounce its judgment in a batch of appeals raising an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect. These cases are listed before the three judge bench headed by Justice Arun Mishra for pronouncement of Judgment. More >>

SOURCE AND REFERENCE COURTESY : Unconstitutionality Of Publishing Of Marriage Notices Under Special Marriage Act

26 July 2020 | By : Ashok Kini

Following complaints of misuse of personal information contained in ‘Marriage Notices’ published in the Registration Department’s website, the Kerala Government has issued a circular to stop the practice of uploading scanned copies of ‘notices of intended marriage’ submitted to the Sub Registrar Offices. Though this solved a part of the problem, the larger part still remains unaddressed. The uploading of notices made access to private information easier for the ‘communal groups’ to misuse it. But the prevailing law does not stop them from coming to Registration Offices and taking a photo of the marriage notices which are published there and sharing them in Social Media. The ‘notice of intended marriage’ is submitted before the Marriage Officer by the applicants and the same contains very personal details like their name, address, age, occupation, photos and signatures. The Marriage Officer is then mandated by Section 6 of the Special Marriage Act to keep all such notices with the records of his office and to forthwith enter a true copy of every such notice in the Marriage Notice Book. This book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. The Marriage office is also required by the Act to cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office. If one of the party is not permanently residing within the local limits of the district of the Marriage Officer, he shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office. More >>

SOURCE AND REFERENCE COURTESY – Trade Mark:Story how “WHIRLPOOL” got back its lost right

DECEMBER 25, 2016 | By : MEGHDUT BHATTACHARYYA

By 1957 ‘WHIRLPOOL’ was a leading trade mark and name in the United States and Canada in relation to washing machines. By 1986 the ‘WHIRLPOOL’ was registered in relation to washing machines and dryers in class 7 as well as for appliances in classes 9 and 11 in more than 65 jurisdictions around the world including most of the commonwealth countries. In 1956-57, they obtained registration for the trade mark ‘WHIRLPOOL’ in India in respect of clothes dryers, washers, dish washers and some other electrical appliances. These registrations were renewed periodically. However, in 1977, the registrations in India lapsed on account of failure to apply for renewal. On the other hand, another party filed an application on 6.8.1986 with the Registrar for registration of the trade mark ‘WHIRLPOOL’; On 16 10.1988 it was advertised in the trade mark journal On 16.1.1989. Original firm filed a notice of opposition. On 12.8.1992 the Registrar passed an order dismissing the opposition. Whirlpool Corporation went to Delhi High Court and the order went in favour of Whirlpool Corporation. Other Party went to Supreme Court. SC upheld following Principles. 1. Trade Mark already used by one company, got registered by another company through deception to obtain economic benefit is a Trade libel and also a PASSING OFF. 2. Injunction is a relief in equity and is based on equitable principles. Its wise to go for Trademarking…. Its wiser to Protect it when the Brand is established. More >> Source : aka.support

SOURCE AND REFERENCE COURTESY : Know New Chief Justice of India

MARCH 21, 2017 10:00 AM | By : SABYASANCHI DWIVEDI

President of India has appointed Justice JS Khehar as the next Chief Justice of India, He will be the 44th Chief Justice of India. He will be sworn in as CJI on January 4, 2017. Chief Justice of India Justice Thakur had earlier recommended the name of Justice Khehar for the appointment. He would remain in office from January 4, 2017 till August 4, 2017. His Lordship was born on August 28, 1952. After graduating in science from Government College, Chandigarh in 1974, His Lordship was awarded the LL.B degree by the Panjab University, Chandigarh in 1977, he then acquired the LL. M. qualification from the same University in 1979, for the latter qualification, His Lordship was awarded the Gold Medal for having stood first in the University. More >> Source : ourlaw.in

SOURCE AND REFERENCE COURTESY: Centre Directs Hospitals To Issue Detailed Bills To Patients…

MARCH 15, 2017 10:57 AM | By : APOORVA MANDHANI

The National Pharmaceuticals Pricing Authority (NPPA), under Ministry of Chemicals and Fertilizers, on Tuesday, directed hospitals to issue detailed bills to the patients, specifically and separately mentioning the cost of the Coronary Stents, along with the brand name of the manufacturer and importer, batch number and other details. Responding to a question in the Lok Sabha, Minister of State for Chemicals & Fertilizers, Road Transport & Highways and Shipping, Mr. Mansukh L. Mandaviya, said that non-compliance of the direction would be treated as deliberate distortion of evidence, along with charges of overpricing inviting prosecution under the Essential Commodities Act. As per the written submission made by Mr. Mandaviya, the State Governments and State Drugs Controllers are monitoring the availability of stents. More >> Source : livelaw.in

SOURCE AND REFERENCE COURTESY: Constitutional Values Not The Same As Majoritarian Views: Justice Kurian Joseph

8 July 2020 6:18 PM | By Radhika Roy

“Judges are appointed to uphold the Constitution, and nothing, but the Constitution. We fail sometimes because we become subjectively constitutional, Apart from Justice Kurian Joseph, the webinar also hosted Senior Advocates at the Supreme Court of India, Meenakshi Arora and Dinesh Dwivedi. It was m More >> Source : livelaw.in

SC: Lawyers are intellectuals, they need to behave in an exemplary manner to save the dignity of the Legal Profession and Judiciary