Laudatory
The Last Word
by Rudrajyoti Nath Ray
2d ago
Senior Examiner of Trade Marks, Delhi rejected registration of a device mark in Class 39 on ground, subject trademark is laudatory and objectionable in terms of Section 9(1)(b) of The Trade Marks Act, 1999.   Counsel appearing on behalf of NRI Taxi Service Ltd. correctly places reliance on Mohd. Rafiq v. Modi Sugar Mills Ltd., AIR 1972 Delhi 46.   We are unable to accede, ‘SUN’ used in respect of lanterns is a laudatory term having reference to character and quality of those lanterns. It is no doubt true, rays of SUN dispel darkness and lanterns too are used for dispelling darkness ..read more
Visit website
Chhabirani
The Last Word
by Rudrajyoti Nath Ray
4d ago
Only one Academy Award has ever been revoked in history of Oscars. ‘Young Americans’ won for Best Documentary in 1969. It was discovered, ‘Young Americans’ had played in a theater in October, 1967. Oscar was handed over to ‘Journey Into Self’.   _____ 03.10.1980 – Chhabirani was gang-raped… 23.04.2002 – We are satisfied, present case is a fit case requiring our interference as High Court has failed to discharge its statutory obligations. On re-appreciation of whole of evidence, we have come to a conclusion, Birabar Mania, Babaji Mania, Baga Tanti and Madha Tanti were responsible ..read more
Visit website
The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna
The Last Word
by Rudrajyoti Nath Ray
4d ago
Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits. It would be permissible for Legislature to remove a defect in an earlier legislation pointed out by a Constitutional Court. The defect can be removed both retrospectively and prospectively.   _____ The Assam Rural Health Regulatory Authority Act, 2004 enacted by Assam State Legisl ..read more
Visit website
Public Document
The Last Word
by Rudrajyoti Nath Ray
1w ago
Saurav Das has prayed States to enable free public access to a Charge Sheet, filed as per Section 173 of The Code of Criminal Procedure, 1973, in furtherance of rationale as established in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473. Reliance on Youth Bar Association of India; Sections 74 and 76 of The Indian Evidence Act, 1872 and Section 4(2) of The Right to Information Act, 2005 is thoroughly misconceived and misplaced. Putting a First Information Report on a website cannot be equated with putting a Charge Sheet on a public domain and on websites of State Governments ..read more
Visit website
Submarine
The Last Word
by Rudrajyoti Nath Ray
1w ago
‘SUBERB’ is not phonetically similar to ‘SUBWAY’. ‘Sub’, when used in context of sandwiches, is an abbreviation for ‘Submarine’, which represents a well-known variety of long-bodied sandwiches. Mr. Submarine Ltd. v. Bikas, 1975 CarswellOnt 1001-Mr. Submarine Ltd. v. Emma Foods, 1976 CarswellOnt 1006-Mr. Submarine Ltd. v. Haralambos Voultsos, 1977 CarswellOnt 1041 testifies to commonality of usage of ‘Submarine’ as a moniker for sandwiches of a particular type. ‘Sub’ is, therefore, publici juris. No exclusivity can be claimed over ‘Sub’. Once ‘Sub’ is out of way, there is, quite obviously, no s ..read more
Visit website
Pension is Not a Bounty IV
The Last Word
by Rudrajyoti Nath Ray
1w ago
Rule 54(14)(b) of The Central Civil Services (Pension) Rules, 1972 requires, ‘family’ member of a deceased Government Servant must have a close nexus with the deceased Government Servant. Therefore, a son or daughter adopted by a widow of a deceased Government Servant, after death of the Government Servant, could not be included within definition of ‘family’ under Rule 54(14)(b). It is necessary, scope of benefit of family pension be restricted only to sons or daughters legally adopted by a Government Servant during his/her lifetime and must not be extended to a case of adoption made by a surv ..read more
Visit website
Sikkimese
The Last Word
by Rudrajyoti Nath Ray
2w ago
Any provision which is arbitrary, discriminatory and violative of Article 14 can be struck down. Section 10(26AAA) of The Income Tax Act, 1961 excludes Indians who have settled in Sikkim, prior to merger of Sikkim with India on 26.04.1975, but whose names are not registered as ‘Sikkim Subjects’. There is no difference and/or distinction between those whose names are recorded under The Sikkim Subjects Regulations, 1961 and those whose names were not recorded. ‘Sikkimese’ like Old Settlers of Sikkim shall also be entitled to exemption under Section 10(26AAA) of The Income Tax Act, 1961. – Hon’bl ..read more
Visit website
The Nature of Judicial Power: [Some] Pending Collegium Recommendations
The Last Word
by Rudrajyoti Nath Ray
3w ago
Hon’ble High Court Hon’ble Chief Justice Date of Birth   Calcutta Prakash Shrivastava 31/03/1961 Bombay S.V. Gangapurwala [Acting CJ] 24/05/1962 Madras T. Raja [Acting CJ] 25/05/1961 Allahabad Rajesh Bindal 16/04/1961 Karnataka Prasanna B. Varale 23/06/1962 Patna Sanjay Karol 23/08/1961   J&K Tashi Rabstan [Acting CJ] 10/04/1963   Madhya Pradesh Ravi Malimath 25/05/1962 Punjab and Haryana Ravi Shanker Jha 14/10/1961 Gauhati R.M. Chhaya 12/01/1961 Orissa S. Muralidhar 08/08/1961 Rajasthan Pankaj Mithal 17/06/1961 Kerala S. Manikumar 24/04/1961 G ..read more
Visit website
Swiss Military
The Last Word
by Rudrajyoti Nath Ray
3w ago
The Trademarks Act, 1999 Section 2(1)(za)(iv): ‘trade description’ means any description/statement/indication, direct or indirect, as to country in which goods were made/produced/provided. Section 2(1)(i)(I): ‘false trade description’ means a ‘trade description’ which is untrue or misleading in a material respect as regards goods to which it is applied. Section 9(2)(a): a mark shall not be registered as a trade mark if it is of such nature as to deceive public or cause confusion. _____ Appelant-Armasuisse represents Swiss Government, Military Wing. In present case, there is justification for C ..read more
Visit website
Morality of Constitutional Tort
The Last Word
by Rudrajyoti Nath Ray
3w ago
Needless to say, no one can either be taxed or penalized for holding an opinion which is not in conformity with constitutional values. It is only when an opinion gets translated into action and such action results in injury or harm or loss, an action in tort will lie.   Courts cannot turn a blind eye but may have to imaginatively fashion… – Hon’ble Justice V. Ramasubramanian, Kaushal Kishor v. State of Uttar Pradesh, [Writ Petition (Criminal) No. 113 of 2016]. While I agree with reasoning and conclusions, I wish to lend a different perspective. This discourse in no way seeks to pose a pot ..read more
Visit website

Follow The Last Word on Feedspot

Continue with Google
OR