The Bombay High Court seems to have had enough frivolity from litigants. A single judge Bench of Justice GS Patel has awarded costs, yet again, to plaintiffs attempting to consume scarce judicial time (to borrow a phrase from the judge himself). The case in question was that the film Phillauri was alleged to be in violation of the Plaintiffs’ copyright in their 2013 Gujarati, Bhojpuri and Nepali film Mangal Phera. The basis of the copyright infringement claim was the trailer of the Defendants’ film. The plaint itself acknowledged that the trailer was released over six weeks ago, if not more, […]

The Delhi High Court’s Justice S Muralidhar has upheld the decision of an arbitrator in a domain name infringement complaint made by Google. The petitioner Gulshan Khatri appealed against the decision of the arbitrator, who held that, the domain name registered by Khatri, was deceptively similar to the one registered by Google. Muralidhar J begins his judgment on a rather witty note, stating, “Is a “Googlee” a “wrong one”? A cricket enthusiast will say, “Yes of course.” In the virtual world too, the answer is well, yes, as the Petitioner, Mr. Gulshan Khatri found to his consternation, when he […]

The Supreme Court today issued notice to the Election Commission in a public interest litigation filed by advocate ML Sharma alleging tampering of Electronic Voting Machines. A Bench of Chief Justice JS Khehar and Justices DY Chandrachud and SK Kaul heard the matter today. Sharma is his petition alleged that EVMs in many elections held after 2010 have been tampered. He has contended that despite a 2013 judgment of the Supreme Court to implement paper trail in EVMs, the Election Commission has not done the same. Sharma has prayed in his petition that EVMs should be tested by technical experts […]

The Supreme Court today heard NDTV’s appeal against the one-day ban imposed on it by the Ministry of Information and Broadcasting. A Bench of Justices AK Sikri and Ashok Bhushan adjourned the matter for Friday, after a cursory hearing. When the matter was called today, signs of an impasse were clearly visible. Senior Advocate Harish Salve, who appeared for NDTV, read before the Court a letter containing a general statement of regret for what they dubbed as “the unfortunate incident”. Salve noted, “NDTV is a very responsible media organization. We regret the unfortunate incident which occurred.” Attorney General Mukul Rohatgi, […]

Just when we thought the Executive and the Judiciary had reached a ceasefire in the war over the Memorandum of Procedure (MoP), the Supreme Court collegium, it seems, has fired another salvo. Indian Express reports that in its final meeting on March 10, the collegium headed by Chief Justice of India JS Khehar unanimously rejected the recommendation of the Centre that they should have the power to reject any name for appointment as a judge of the high court for reasons of “national security”. The same report states that the final views of the collegium were conveyed to the Centre through a […]

A summary of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Uber India Systems Pvt. Ltd. v. Union of India Board of Control for Cricket in India v. Union of India Manohar Lal Sharma v. The Principle Secretary & Ors. Delhi High Court Antrix Corporation Ltd v. Devas Multimedia Private Limited Anil Kumar and Anr v. Election Commission of India and Anr. SUMMARY OF CASES  Supreme Court of India 1. Uber India Systems Pvt Ltd v. Competition Commission of India [Item 55 in court 2 – CA 641/2017] […]

Recusals might have gotten a bad rap in recent times, but the fact of the matter is that recusals are one of the methods to ensure an impartial dispensation of justice. And despite the fact that recusals do cause delay in a system striving to reduce pendency, there certainly is merit in judges recusing from hearing matters that they might have a stake in. Having said that, problem does arise when judges do not mention the reason for recusal. Reasons may be given orally, but almost never in writing. As a result, litigants and lawyers alike are often kept guessing […]

Senior Advocate Indira Jaising will move the Supreme Court seeking status quo on designating lawyers as Senior Advocates till the petition filed by her praying for guidelines for Senior designations is decided. This development came about after Jaising mentioned the case before Chief Justice of India, Justice JS Khehar today. Even before Jaising could make her request for early listing today, Justice Khehar told Jaising that he has already constituted a Bench. “We have already done it”, said Justice Khehar. Jaising then proceeded to raise a few other issues regarding the matter. She said that notice must now be issued […]

The Delhi Bar Association’s protest against amendments proposed by the Law Commission to the Advocates Act has commenced outside the office of Bar Council of India (BCI). A huge contingent of lawyers are present outside the office of BCI at Rouse Avenue Institutional Area, New Delhi. They are chanting slogans against BCI Chairman while the leaders at the Bar are continuously making announcements through loudspeakers. The controversy relates to the recent amendments which the Law Commission proposes to make to the Advocates Act, barring lawyers from going on strike and to impose fines on advocates for any misconduct. The Delhi Bar Association […]

The bulky annexures and the accompanying bags which take up space in Supreme Court corridors could very well be a thing of the past. In a significant step towards digitisation, Chief Justice of India JS Khehar today remarked in court that the Supreme Court will do away with the practice of filing voluminous case records in a bid to reduce bulky paper books. ToI reporter Dhananjay Mahapatra tweeted the following: SC is set to achieve the impossible – petitions without voluminous paper work. — Dhananjay Mahapatra (@toi_dhanajayM) March 23, 2017 Currently when a special leave petition is filed in Supreme Court, all […]