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Judgments and Orders

Interpretation of Section 52(1)(I)

 25 June 2020

Section 52(1)(i) is the educational exception in the Copyright Act which permits reproduction of copyrighted works in the course of instruction. In the present case, the court held that photocopying qualifies as the reproduction of the work by a teac..

Posted in Others |   1294 hits

No copyright in ideas, plots or themes

 25 June 2020

It can be concluded from the present judgment that no protection is afforded to the ideas, plots or themes under the Copyright Act, 1957. Therefore, ideas, plots or themes are not a subject matter of copyright law...

Posted in Others |   6079 hits

Abolition of Child labour in the Country

 25 June 2020

Due to the massive number to child laborers in Sivakasi firework industries, the petitioner filed a PIL under Article 32 of the Constitution...

Posted in Labour & Service Law |   2444 hits

Whether section 309 of the Indian Penal Code is constitutionally valid

 25 June 2020

Due to the existence of same question of law the Court combined two petitions to decide the constitutional validity of section 309 IPC. The petition was preferred by the petitioner when one Mr. Nagbhushan was charged under section 309 IPC. ..

Posted in Constitutional Law |   974 hits

Whether right to die with dignity is a part of Article 21 of the Constitution

 25 June 2020

The judgment revolves around the question of whether right to die with dignity is a part of Article 21 of the Constitution? The Court further moves on to discuss the validity of execution of living will. ..

Posted in Constitutional Law |   710 hits

Case Analysis of: State of Madras vs. Srimathi Champakam Dorairajan and Others

 25 June 2020

It was held that classification in the Communal G.O. is on the ground of religion, race and caste. The classification in the Communal G.O. is in abuse of the Constitution and it is a clear violation of the fundamental rights under article 29(2). It w..

Posted in Others |   5109 hits

Procedure established by law must fulfill fairness, reasonableness and justness

 24 June 2020

The Supreme Court said that Article 21 could be invoked only upon a complete deprivation and not upon restriction of movement. The SC said that word ‘law’ in Article 21 could not mean rules of natural justice. These rules were vague and ambiguous and..

Posted in Others |   957 hits

Fundamental rights of Arrestee

 24 June 2020

The Supreme Court laid down the process/ certain basic requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as a measure to prevent custodial violence...

Posted in Others |   702 hits

The case which turned the course of custodial deaths in India

 24 June 2020

Before the judgment, there was no structured formulation to grant compensation in case of custodial deaths. There were numerous cases where no or very little compensation was granted in such cases. The decision in Nilabati Behara v. the State of Oris..

Posted in Others |   1209 hits

Honour Killing and the need to issue guidelines governing it

 24 June 2020

Honour killing is a social evil that undermines the development of a society. Judicial pronouncements as in the present case and penal laws acts as a tool to evict such evils from the society. ..

Posted in Criminal Law |   1097 hits

Difference b/w assignment and licence

 24 June 2020

It can be concluded from the present judgment that the terms “assignment” and “licence” are distinct and not interchangeable. Section 19 of the Copyright Act mentions the conditions to be fulfilled for the assignment of copyright whereas Section 30 o..

Posted in Others |   2878 hits

Difference between the breach of confidentiality and copyright law

 24 June 2020

The present case puts forward the principle of breach of confidentiality very explicitly in the case of copying a concept or creative idea...

Posted in Others |   3082 hits

Making of copies under Section 14(D)

 24 June 2020

It is concluded from the present judgment that the exclusive right available to the copyright owner under Section 14(d) of the Act is to copy the recording of a film. It is, therefore, clear that the expression ‘to make a copy of the film’ means maki..

Posted in Others |   1811 hits

Is Article 16 (4) an exception of article 16 (1) or not

 24 June 2020

The 9 judges Constitution Bench of the Supreme Court held that the backward classes in Article 16(4) can be identified only by the caste system & not only on economic basis. The Article 16(4) is not an exception of Article 16(1) and it is a classific..

Posted in Constitutional Law |   3014 hits

Can a citizen waive off its fundamental rights

 24 June 2020

Justice Sudhi Ranjan Das observed that the language of Article 14 is a command issued by the Constitution, rather than a right, to the State to implement its objective by safeguarding the equality that every welfare State, such as India, is supposed ..

Posted in Constitutional Law |   1015 hits

Elusive Compensation

 23 June 2020

According to the SC, the HC also erred in granting a sum of Rs 50,000/- only towards future medical expenses. The SC has pointed out that the appellant would require 3 more replacement of the artificial left leg during his life time. The SC considere..

Posted in Others |   868 hits

Whether Petition can be filed by a wife under Section 125 of CrPC when permanent alimony has already been granted under Section 25 of the Hindu Marriage Act

 23 June 2020

The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained...

Posted in Family Law |   2032 hits

Whether evidence can be recorded by video conferencing in a criminal trial

 23 June 2020

The Court held that evidence can be recorded by way of video conferencing relying on Section 273 with a different view, stating that where a witness is willing to give evidence an official of the Court can be deported to record evidence on commission..

Posted in Criminal Law |   1951 hits

Whether order of maintenance could sustain in the absence of any act of Domestic Violence

 23 June 2020

The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order...

Posted in Family Law |   1236 hits

Whether wife living separately could file a case against parents-in law

 23 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...

Posted in Family Law |   900 hits