Damages

NHC seeks MP govt response in plea against recovery of damages Act

Introduction
The Act that was enacted on December 16, 2021, and came into effect on January 4, 2022, empowers a
two-member committee through a claims tribunal to recover from the accused the cost of damage to a
public or private property during any kind of violence.

The Madhya Pradesh High Court on Tuesday issued a notice to the state government for its response to
a petition seeking to declare Madhya Pradesh Prevention and Recovery of Damages to Public and
Private Property Act-2021 as ‘ultra vires to the Constitution’ and the claims tribunals set under it
‘unconstitutional’. The next hearing is on October 11.
The Act that was enacted on December 16, 2021, and came into effect on January 4, 2022, empowers a
two-member committee through a claims tribunal to recover from the accused the cost of damage to a
public or private property during any kind of violence.

On Tuesday, hearing a petition filed by one Fatima Bi, a two-judge bench of Justices Vivek Rusia and
Amarnath Kesharwani issued notice to the state government. Fatima’s husband Shajju, alias Shahab, is
an accused in case related to the Khargone communal clashes that broke out during the Ram Navmi
procession on April 10, 2022.
Conclusion
The petition further stated, “The soul of the Act is by default a tarnished one and factually against the
Constitution of India and the provision enshrined within it”.

After communal clashes broke out in Khargone on April 10, there was extensive damage to private
property of members from the both communities. Subsequently, the government announced the first
claims tribunal to be set up in Khargone as per Section 4 of Act.

https://indianexpress.com/article/cities/bhopal/hc-seeks-mp-govt-response-in-plea-against-recovery-of-
damages-act-8107908/
 Quantum Meruit
7th Circuit Court of Appeals

Case Name: Merle L. Royce v. Michael R. Needle P.C., et al.

Officials: WOOD, Chief Judge, and ROVNER and ST. EVE, Circuit Judges.

Focus: Attorney Fees

After Michael R. Needle P.C. (“Needle P.C.”) went months without counsel in a fee dispute action and
was on the verge of a default judgment, three partners from the law firm Cozen O’Connor stepped in to
represent Needle P.C. Their representation successfully staved off the pending default motion but was
otherwise short-lived. Less than three months after appearing as counsel, Cozen O’Connor
understandably withdrew due to irreconcilable differences and a total breakdown of the attorney client
relationship. Cozen O’Connor sought to be compensated for its work, though, under
a quantum meruit theory and perfected an attorney’s lien. The district court then granted Cozen
O’Connor’s petition to adjudicate and enforce the lien. Because Cozen O’Connor is entitled to recover
in quantum meruit and the district court properly concluded that the petitioned fees were reasonable,
we affirm.

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cecfb1da77f2%40redis&bdata=JnNpdGU9Z
 Suit for Injunction
Delhi HC restrains Dominick Pizza from copying Domino's brand name

In a relief to Domino's, the Delhi High Court has restrained a pizzeria from using the name "Dominick
Pizza" to sell pizzas. The HC's order on Wednesday came after global restaurant chain Domino's Pizza
accused Dominick Pizza of deceptively using a similar and identical logo, name, and trademark.

In its order, Delhi HC's Justice Pratibha M Singh observed that from the manner of listings of social
media platforms and online ordering platforms, it was clear that the name and business of Dominick
Pizza were being confused as that of Domino's outlets, reported Livelaw.in.

"The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the
confusion that is taking place, there is severe garnishment and dilution of the Plaintiffs' mark and
business. Accordingly, as per the facts and circumstances of this matter, the Plaintiffs have made out a
prima facie case in their favor for grant of an ex-prate ad interim injunction," the court said.

Domino's had filed a suit against Ghaziabad Dominick Pizza, which had three outlets, two in Uttar
Pradesh's Ghaziabad, in Indirapuram and Raj Nagar Extension, and the third outlet in Punjab.

In its petition, Domino's sought the protection of its mark 'Domino's Pizza', its device mark, and logo as
well as the marks' Cheese Burst' and 'Pasta Italia no'.

The high court, granting ex-parte ad interim injunction in favour of Domino's, restrained Dominick Pizza
from advertising, selling or marketing any product or any documentation using or displaying the
impugned marks' Dominick Pizza', 'Cheese Burst' and 'Pasta Italians' till the next date of hearing on
November 24, reported Livelaw.in.

The HC also ordered the pizzeria to suspend its domain names, i.e., dominickpizza.com and
dominickpizzas.com.

https://www.google.com/search?
q=DELHI+HC+RESTRAINS+DOMINICK+PIZZA+FROM+COPYING+DOMINO
%27S+BRAND+NAME&rlz=1C1CHBD_enIN1016IN1016&oq=DELHI+HC+RESTRAINS+DOMINICK+PIZZA+FR
OM+COPYING+DOMINO
%27S+BRAND+NAME&aqs=chrome..69i57j69i60.1139j0j15&sourceid=chrome&ie=UTF-8
 Vindictive Damages
Google ordered to pay $715k to Barilaro

Former NSW deputy premier John Barilaro has been awarded $715,000 in defamation damages from
Google for a "vindictive" social media campaign that left him traumatized.

The tech giant and commentator Jordan Shanks who posted defamatory videos on its YouTube platform
also face possible prosecution for contempt of court.

The now retired MP sued Google and Shanks over videos titled "bruz" and "Secret Dictatorship"
published on his friendlihoods channel in 2020.

The videos included claims that Mr. Barilaro was a corrupt conman who should be jailed, who
committed perjury nine times and engaged in blackmail.

The now-retired MP settled his Federal Court case against Mr. Shanks in November when he provided an
apology, edited the videos and was ordered to pay $100,000 costs to Mr. Barilaro.

Google initially defended the case but later withdrew all defenses and conceded the widely viewed
videos defamed the former NSW Nationals leader.

On Monday in the Federal Court, Justice Steven Rares said Google did not apply its own policies against
hate speech, cyberbullying and harassment as Mr. Barilaro was subjected to a relentless, racist and
abusive campaign on YouTube for over a year.

Mr. Barilaro had planned to retire from politics at the 2023 state election, but he testified that he
resigned in October 2021 after being attacked by people wearing bruz shirts during a by-election and
feeling "broken".

The judge found Mr. Barilaro "was traumatized by Google's and Mr. Shanks' campaign and that it caused
him to leave public office prematurely".

Mr. Shanks repeatedly and vindictively used descriptions of him like "wag", "greasy", "greasy little
scrotum", "meatball" and innuendos linking him to the Italian mafia.

Mr. Shanks also engaged in cyberbullying trying to intimidate Mr. Barilaro from bringing proceedings to
court and to intimidate his lawyers from acting for him.

In a YouTube video called "burs eternal" in May 2021, Mr. Shanks said Mr. Barilaro and his lawyers
should have watched a video he published earlier about Clive Palmer, saying "it would have given you a
preview into what threatening to sue me would look like for you".

Mr. Shanks then told viewers that he had created and was selling a keychain, which he displayed with
Mr. Barilaro's head in a Mario cap and a scrotum below it.

"Google was part and parcel of this disgusting behavior because it facilitated, published and kept up on
YouTube this and similar videos," Justice Rares said.
Days after his settlement with Mr. Barilaro, Mr. Shanks mocked it and threatened "we finished the defog
suit, but make no mistake; this entire ordeal is far from over".

He repeated segments from earlier videos of his racist and offensive comments.

Google did nothing to stop the conduct on its YouTube platform and Google's conduct in this proceeding
was improper and unjustifiable, Justice Rares said.

"That conduct aggravated the damage to Mr. Barilaro's reputation and the hurt to his feelings very
considerably," he said.

"In my opinion, it is necessary to award a substantial sum in damages to compensate Mr Barilaro for the
harm that Google caused to him and to vindicate his reputation."

Justice Rares has referred the conduct of Mr. Shanks and Google to the court's principal registrar to
consider proceedings against each for "what appear to be serious contempt of court by bringing
improper pressure to bear on Mr. Barilaro and his lawyers not to pursue this proceeding".

The judge will also hear from the parties on what costs order he should make.

Outside court, Mr. Barilaro told reporters he felt vindicated but all he had wanted from Google was an
apology and the videos removed.

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%3d#AN=DOC7LBJ70I9D9YGDK4RL48&db=n5h
 Special damages
Company Loses Bid to Recover Payout for Dubai Hotel Fire

An insurance company that was ordered to pay more than a billion Dirhams in damages for a 2015 New
Year’s Eve fire in Dubai has lost a civil lawsuit that it filed to try and recover the money.

FILE - Smoke billows from the 63-story The Address Downtown skyscraper near the Burj Khalifa, the
world's tallest building, in Dubai, United Arab Emirates, Jan. 1, 2016. An insurance company that was
ordered to pay 1.25 billion Dirhams (more than $340 million) in damages for a 2015 New Year’s Eve fire
in Dubai has lost a civil lawsuit in September 2022 that it filed to try and recover the money. Two years
after the massive fire rocked the Address Downtown hotel, Orient Insurance was ordered to pay Dubai’s
state-backed developer Emaar in a settlement. (AP Photo/Jon Gambrell, File) THE ASSOCIATED PRESS

Two years after the massive fire rocked the Address Downtown hotel, Orient Insurance was ordered to
pay Dubai’s state-backed developer Emaar 1.25 billion dirhams (more than $340 million) in a settlement.
Emaar is behind projects like the world’s tallest skyscraper, the Burj Khalifa.

Orient then filed a civil lawsuit in 2018 against the contractors who worked on the design, construction
and maintenance of the hotel. It said they failed to implement fire safety requirements, contributing to
the spread of the blaze.

Orient Insurance asked the contractors to pay back the insurance claim it paid to Emaar. The case
involved leading contractors including Belhasa JV, Arabtec, Mirage, and ALEC Engineering and
Construction

https://apnews.com/article/middle-east-fires-lawsuits-dubai-31f81fac911def6d3e36513887669286
 Special Contract
Judge to hear sheriff's request to implement jail health care contract

Feb. 25—HAMMOND — A Lake County judge has scheduled an April hearing to help him decide whether
to allow Lake County Sheriff Oscar Martinez Jr. to ink contracts relating to the county jail without having
to obtain consent from the county commissioners.

Martinez filed a motion for a preliminary injunction Feb. 9 seeking to compel the Lake County Board of
Commissioners to accept, and Lake County Auditor John Petalas to pay, all invoices for jail health care
costs submitted pursuant to a contract Martinez signed Dec. 20 with Correctional Health Indiana Inc.
(CHI) that was not approved by the commissioners.

According to court records, Lake Superior Judge Stephen Scheele was selected by the parties
as special judge in the case after Lake Circuit Judge Marissa McDermott recused herself due to a
potential conflict of interest.

Scheele is second cousin to Thomas A. John, an Indianapolis-based attorney for the sheriff. However,
attorneys for both the sheriff and commissioners agreed to waive that issue as a reason to block Scheele
as special judge, records show.

According to court records, Scheele also has affirmed his belief that he can and will fairly and impartially
preside in this and any other case involving Thomas A. John as an attorney of record.

Scheele has scheduled a one-day hearing April 18 at the county courthouse in Hammond to hear
arguments for and against the sheriff's request for a preliminary injunction.

Martinez claims in court filings time is of the essence because the commissioners' Jan. 19 decision to
only pay CHI at its 2021 contracted rate of $241,859 every two weeks, instead of the $253,952 approved
by the sheriff, means CHI is entitled to quit providing jail health services at any time.

He said if that happens it will impair public safety and increase county expenses because multiple
officers will be required to accompany every jail inmate needing health care services to an off-site
facility ill-equipped to handle prisoners that must be supervised and restrained at all times.

The commissioners repeatedly have said they have no issues with CHI's services. But they believe the
company's costs have increased exponentially over the past 10 years and an audit by the National
Commission on Correctional Health Care (NCCHC) is needed to assess the services the county is receiving
for the amount of money taxpayers are spending.

Martinez, however, repeatedly has declined to allow NCCHC to inspect the jail citing the COVID-19
pandemic.

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960e67495ba5%40redis&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#AN=2W63535694947&db=n5h
 Contract of indemnity
A contract by which one party promises to save the other from loss caused to him by the conduct of the
promisor himself, or by the conduct of any other person, is called a contract of indemnity.

27. Reliance is also placed on the Tariff Advisory Committee's (TAC) General Regulation 1 on
Consequential Loss (Fire) Insurance Section 1 which reads as under:

"Policy to constitute contract of Indemnity: Every policy shall constitute a contract of indemnity only."

28. The TAC was formed under Section 64U of the Insurance Act, 1938 ("the 1938 Act") to prescribe the
terms and conditions and premium rates as well as wordings of insurance policies, when the insurance
policy was issued to the Indorama, it was mandated by law to issue it only in accordance with the LAC's
prescribed wording. The policy was in fact issued in the mandated form, and was a policy of
"indemnity only" as required by law and by the TAC's regulations. It is submitted that it has also held in
several judgments that contracts of insurance are contracts of indemnity except in the case of life
insurance, personal accident and sickness or contracts of contingency insurance. The following cases
were relied upon : United India Insurance Co. Ltd. v. Kartika Colour Lab, (2010) 6 SCC 449.State of Orissa
v. United India Insurance Co. Ltd., (1997) 5 SCC 512; Union of India v. Sri Sarada Mills Ltd., (1972) 2 SCC
87

b) Whether the business interruption insurance or loss of profit insurance in consequence to the
damage arising out of the fire is a contract of indemnity. The answer to this question is essential in as
much as the Arbitral Tribunal at paragraph 69.4 and 69.5 has while rejecting the submission of the
petitioner that it is a contract of indemnity observed that it is not acceptable in law. As the tribunal has
not given any reasoning as to why it is not acceptable in law. I shall be proceeding to analyze the terms
of the policy document and also the legal position as to whether the business interruption insurance or
loss of profit insurance is a contract of indemnity or not

https://indiankanoon.org/docfragment/62477277/?formInput=Contract%20of%20indemnity
 Contract of Guarantee
BMW signs agreement with chip suppliers to secure supplies

BMW maintains the agreement is an example of the commitment to build a more resilient supply chain
partnership approach to regain supply-demand balance for chips in the automotive industry as well as
efforts to further accelerate technology innovation.

“This agreement directly with an OEM certainly marks new territory for us as a semiconductor
manufacturer,” says Robert Kraus, CEO of INOVA Semiconductors. “But we firmly believe this innovative
approach to partnership throughout the production chain will help us achieve our objectives: In this
way, we can secure supplies for our end customers and ensure high planning reliability throughout the
long chip production cycles. It’s a real win-win.”

“Globalfoundries is committed to building stronger relationships with the automotive industry to deliver
innovation and address the growing demand for feature-rich chips,” says Mike Hogan, senior vice
president and general manager of Automotive, Industrial and Multi-market at Globalfoundries. “This
agreement with the BMW Group and INOVA demonstrates how the companies are partnering to
develop innovative smart LED technology for the new BMW iX and to develop new technologies for the
car of tomorrow.”

https://www.just-auto.com/news/bmw-signs-agreement-with-chip-suppliers-to-secure-supplies/
 Bailment
A 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that
they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the
directions of the person delivering them. The person delivering the goods is called the 'bailor'.

Twentieth Century Finance ... vs State of Maharashtra on 9 May, 2000

 For the purposes of this clause, the transfer of the right to use any such goods shall be deemed to have
taken place in the State of Maharashtra if the goods are in the State of Maharashtra at the time of their
use irrespective of the place where the agreement for such transfer of the right to use such goods is
made, and whether the assent of the party is prior or subsequent to such transfer of the right to use any
such goods.

Section 3 of the Maharashtra Act provides for incidence of tax and Section 4 deals with levy of tax. There
is no dispute as regards the definition of sale. What is under challenge is the Explanation to sub-section
(10) of Section 2 of the Act, which fixes situs of deemed sale within the State of Maharashtra on location
of goods at the time of their use. The appellants in Civil Appeals excepting Civil Appeal Nos. 6218-23/95,
had challenged the levy of sales tax by State of Maharashtra by means of writ petitions under Article
226 of the Constitution before the Bombay High Court. Before the High Court, it was contended by the
appellants that the Maharashtra Act, particularly Section 3 read with Section 2(10), purports to levy tax
not only the transfers of right to use goods which takes place within the State of Maharashtra, but also
upon the transfer which occasions the movement of leased or to be leased goods from one State to
another, and also upon the transfers effected during movement of goods from one State to another
and, therefore, the Act is ultra vires Articles 269(3) and 246 read with Entry 92A of List I of the Seventh
Schedule of the Constitution. It was also contended that the Act imposes sales tax upon transfers of the
right to use goods which takes place outside the State of Maharashtra and also in the course of import
of the goods into the territory of India and as such the Act is ultra vires Articles 286(1)(a) and (b) of the
Constitution. The High Court was of the view that the transaction of transfer of right to use goods is a
species of bailment, as there is no transfer of ownership in such transaction and since such transactions
are in the nature of contract of bailment, the transfer is completed only upon the delivery of the goods
and, therefore, situs of sale created by the Explanation to Section 2(10) of the Act is valid. Consequently,
the writ petitions were dismissed. It is in this way the appellants are in appeal before this Court.
Excepting two States the provisions of the Sales Tax Acts of all the other States are on line with that of
the Maharashtra Act. Since the grounds of challenge to all the Acts are substantially the same, we,
therefore, propose to decide these cases by a common judgment.

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 Pledge
U.K. Pledges 'Forensic' SFO Probe After Botched Bribery Case.

A Botched Bribery Case Prompts Calls for SFO Reform Sir David Calvert-Smith, a former director of public
prosecutions and High Court judge, will lead the review. The U.K.'s chief legal adviser pledged a "forensic
and robust" review of the Serious Fraud Office's botched handling of a bribery case as it weighs making
changes at the country's top fraud prosecutor. U.K. Pledges "Forensic" SFO Probe After Botched
Bribery Case. 

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ade0a29c4c94%40redis&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#AN=155147778&db=bsh
 Contract of agency
Contract of the agency is a legal relationship, where one person appoints another to perform on the
transactions on his behalf. The person who appoints the other to take care of his transactions is the
principal

(1) S.P. Chengalvaraya Naidu ... vs. Jagannath on 1 November, 2014

As per the investigation M/s Good Friends Agencies had submitted the bills for payment of
remuneration at Zonal Office, NFL at Chandigarh without having performed any work. The payments,
however, could not be released to him because the Area Managers were not inclined to certify those
bills for payment as was required by the procedure being followed. When accused Mohd. Dilawar Mir of
M/s Good Friends Agencies failed to get any payments from Zonal C.C. No. 71/11 Office, Chandigarh, he
had approached Sh. D.S. Kanwar at New Delhi for release of payments. Despite knowing the fact that no
job had been performed as per the terms and conditions of contract by M/s Good Friends Agencies,
accused Sh. D.S Kanwar had exerted pressure on his subordinates and made Sh. Anil Kumar Sharma, the
then Dy. Manager to put up a note of 01.06.1994 recommending release of Rs.30 lacs as adhoc payment
to which Sh. M.A Sarma Dy. General Manager could not dare object. Sh. D.S Kanwar approved the
proposal for the release of Rs.30 lacs as payments on 01.06.1994 itself. It has also been stated that Sh.
D.S Kanwar could not have released such a huge amount to a party without the bills having been
processed for payment and such payment, if any, was to come from Zonal office, Chandigarh. Accused
Sh. D.S Kanwar did not even wait for the bills to come from Chandigarh though he had instructed the
Zonal Manager Sh. R.K. Khanna to come with the pending bills of M/s Good Friends Agencies on
31.05.1994 and proceeded to make the payment, as stated above, of Rs.30 lacs on 01.06.1994. In order
to cover up his act of showing favour on 01.06.1994 Sh. D.S Kanwar instructed and pressurized Sh. R.K.
Khanna, Zonal Manager on his arrival at New Delhi on 03.06.1994 to C.C. No. 71/11 initiate a note
mentioning the date of 31.05.1994. Thus, on 03.06.1994 he signed the note dated 31.05.1994 interalia
stating that he was seeking the advice and guidance of Central Marketing Office in respect of the bills
submitted by M/s Good Friends Agencies, since the modalities had not been formulated for the
execution of the contract with M/s Good Friends Agencies so that it may enable the Zonal Office to
process/scrutinize the bills. It was indicated therein that from October 1993 to May 1994 what had been
the quantum of sales to Institutional buyers. This note was placed before Sh. M.A Sarma Dy. General
Manager who instructed Sh. A.K. Asija to process the contract. Sh. A.K. Asija had highlighted the services
which had not been rendered by M/s Good Friends Agencies. Three officers including Sh. A.K. Asija and
Sh. Anil Kumar Sharma worked out that after recoveries Rs.8.03 percent may be payable to M/s Good
Friends Agencies after verification of the work done by the field staff of NFL on the bills of M/s Good
Friends Agencies and after settling the recoveries due, if any, from M/s Good Friends Agencies as per
the contract. This apparently was made the basis for the release of above advance of Rs.30 lacs.
According to the case of the prosecution though M/s Good Friends C.C. No. 71/11  Agencies had not
performed any work but accused Sh. D.S Kanwar instead of canceling the contract had extended the
same vide his letter dated 19.05.1994 for another period of four years and six months.

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