advocatemmmohan
Kottayam
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C – where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act – Confirming on the courts where the plaintiff resides = Clubbing of both causes of actions in one suit – is a composite suit – When it is a composite suit, the court where the defendants goods are not available , nor do the defendants carry on business and reside within the jurisdiction of this Hon’ble Court, that court holds no jurisdiction under Registration of Trademarks Act simply because the plaintiff is residing : but the same court holds jurisdiction under sec.62(2) of Copy right Act for copyright violation suit = M/s. Paragon Rubber Industries …Appellant VERSUS M/s. Pragathi Rubber Mills & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41036
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C – where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act – Confirming on the … Continue reading
M.V. ACT – INSURANCE CLAIMS = THE POSITION OF VEHICLES AT THE SCENE OF ACCIDENT AND THE CONTENT OF viscera WITH ALCOHOL ALONG WITH FOOD ON DECEASED STOMACH AT THE TIME OF ACCIDENT NEVER SUGGEST CONTRIBUTORY NEGLIGENCE, WHEN CHARGE SHEET WAS FILED AGAINST THE ACCUSED DUE TO RASH AND NEGLIGENCE ACCIDENT WAS OCCURRED = the police submitted a charge sheet (Ext.A4) against the bus driver under Section 279, 337 and 304A IPC with specific allegation that the bus driver caused the death of Joy Kuruvila due to rash and negligent driving of the bus on 16th April, 1990 at 4.50P.M.- The mere position of the vehicles after accident, as shown in a Scene Mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or the other. When two vehicles coming from opposite directions collide, the position of the vehicles and its direction etc. depends on number of factors like speed of vehicles, intensity of collision, reason for collision, place at which one vehicle hit the other, etc. From the scene of the accident, one may suggest or presume the manner in which the accident caused, but in absence of any direct or corroborative evidence, no conclusion can be drawn as to whether there was negligence on the part of the driver. In absence of such direct or corroborative evidence, the Court cannot give any specific finding about negligence on the part of any individual. 25. Post Mortem report, Ext.A5 shows the condition of the deceased at the time of death. The said report reflects that the deceased had already taken meal as his stomach was half full and contained rice, vegetables and meat pieces in a fluid with strong smell of spirit. 26. The aforesaid evidence, Ext.A5 clearly suggests that the deceased had taken liquor but on the basis of the same, no definite finding can be given that the deceased was driving the car rashly and negligently at the time of accident. The mere suspicion based on Ext.B2, ‘Scene Mahazar’ and the Ext.A5, post mortem report cannot take the place of evidence, particularly, when the direct evidence like PW.3, independent eyewitness, , Ext.A1(FIR), Ext.A4(chargesheet) and Ext.B1( F.I. statement) are on record. In view of the aforesaid, we, therefore, hold that the Tribunal and the High Court erred in concluding that the said accident occurred due to the negligence on the part of the deceased as well, as the said conclusion was not based on evidence but based on mere presumption and surmises. ; The deceased was 45 years of age, therefore, as per decision in Sarla Verma & Ors. V. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, multiplier of 14 shall be applicable. But the High Court and the Tribunal wrongly held that the multiplier of 15 will be applicable. Thus, by applying the multiplier of 14, the amount of compensation will be Rs.5,19,000 x 14 = Rs.72,66,000/. The family of the deceased consisted of 5 persons i.e. deceased himself, wife, two children and his mother. As per the decision of this Court in Sarla Verma (supra) there being four dependents at the time of death, 1/4th of the total income to be deducted towards personal and living expenses of the deceased. The High Court has also noticed that out of 2,500 US Dollars, the deceased used to spend 500 US Dollars i.e. 1/5th of his income. Therefore, if 1/4th of the total income i.e. Rs. 18,16,500/ is deducted towards personal and living expenses of the deceased, the contribution to the family will be (Rs. 72,66,000 – Rs. 18,16,500/ =) Rs.54,49,500/. Besides the aforesaid compensation, the claimants are entitled to get Rs.1,00,000/ each towards love and affection of the two children i.e. Rs.2,00,000/and a sum of Rs.1,00,000/ towards loss of consortium to wife which seems to be reasonable. Therefore, the total amount comes to Rs.57,49,500/. The claimants are entitled to get the said amount of compensation alongwith interest @ 12% from the date of filing of the petition till the date of realisation, leaving rest of the conditions as mentioned in the award intact. We, accordingly, allow the appeals filed by the claimants and partly allow the appeals preferred by the Insurance Company, so far as it relates to the application of the multiplier is concerned. The impugned judgment dated 12th April, 2007 passed by the Division Bench of the Kerala High Court in M.F.A. Nos.1162 and 1298 of 2001 and the award passed by the Tribunal are modified to the extent above.
published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40491 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 49454946 OF 2013 (arising out of SLP(C)Nos.2055720558 of 2007) JIJU KURUVILA & ORS. … APPELLANTS Versus KUNJUJAMMA MOHAN & ORS. … RESPONDENTS WITH CIVIL APPEAL NO. 4947 OF 2013 (arising out of SLP(C)No.16078 of 2008) THE ORIENTAL INSURANCE CO. LTD. … APPELLANT Versus SMT. CHINNAMMA JOY AND ORS. … RESPONDENTS CIVIL APPEAL NO. 4948 OF 2013 (arising out of SLP(C)No.15992 of 2008) ORIENTAL INSURANCE CO. LTD. … APPELLANT Versus SMT. CHINNAMMA JOY AND ORS. … RESPONDENTS J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. Delay condoned. Leave granted. 1Page 2 2. These appeals are directed against the judgment of the Division Bench of the Kerala High Court dated 12th April, 2007 in M.F.A. Nos. 1162 and 1298 of 2001(D) whereby compensation awarded to the claimants by … Continue reading
Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Cr.P.C., can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive evidence. ; “The DNA analysis made it clear that the blood samples of the parents of Praveen matched with the DNA of Praveen, deceased and the same proved and established the identity of the dead body as the DNA had also been extracted from the portion of the limbs recovered from the lake and compared with that of DNA of parents.” ; to appreciate his evidence under Section 3 of the Evidence Act. The Judge must consider whether a prudent man would appreciate such evidence, and not appreciate the same in accordance with his own perception. The basis for appreciating evidence in a civil or criminal case remains the same. However, in view of the fact that in a criminal case, the life and liberty of a person is involved, by way of judicial interpretation, courts have created the requirement of a high degree of proof. 37. In view of the above, we do not find any merit in the appeal and the same is dismissed accordingly. However, before parting with the case, we would like to mention that the courts below have appreciated the entire evidence meticulously, but it would have been desirable if all the circumstances which completed the chain, rendering the accused liable for punishment could have been put together, to facilitate better understanding of the judgment.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1774 of 2010 R. Shaji …Appellant Versus State of Kerala …Respondent J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the judgment and order dated 10.12.2009 delivered by the Kerala High Court … Continue reading
deficiency in service = According to the complainants, the contents of the Mahazar were not disclosed to them. But later on the complainants came to know that the Mahazar was prepared with an allegation that the house was being used as a guest house. On 28.09.2001, the OPs changed the electric meter without complying formalities. =the OPs failed to prove the two allegations, namely, running of the house as guest house and hence the use of energy being done unauthorisedly for commercial purposes and the non-functioning of two of the three phases of the meter thereby resulting in recording only 1/3 of the consumption. In view of this, the present case would not attract the ratio laid down in the case M/s. Swastic Industries (supra).
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 4607 OF 2010 (From the order dated 06.08.2010 in Appeal No. 554/2005 of Kerala State Consumer Disputes Redressal Commission) 1. The Kerala State Electricity Board, Rep. by its Secretary, Vydhuthi Bhavan Pattom, Thiruvananthapuram. 2. The Asstt. Executive Engineer, K.S.E.B. Ponkunnam 3. The Asstt. Engineer, K.S.E.B. Ponkunnam … Petitioner(s) … Continue reading
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