In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person..
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..
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...
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..
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..
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...
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..
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..
The present case puts forward the principle of breach of confidentiality very explicitly in the case of copying a concept or creative idea...
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..
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..
Section 188 CrPC deals with offences committed outside India. In the present case it was held by the Supreme Court that if the accused is not an Indian citizen and the crime committed overseas, then none of the conditions given under Section 4 of the..
The Supreme Court unanimously held that amendments adding new laws in 9th Schedule after Keshavnanda judgment in 1973 were subject to basic structure requirement but fundamental rights especially Articles 14, 15, 19 and 21 are parts of basic structur..
The present case deals with the defence of fair dealing available under Section 52 of the Copyright Act. The court has gone further and summarized the broad principles of law on “ fair dealing” enunciated in various judgments...
The Court in the present case reiterated the principle that basic structure of the Constitution is beyond the amending powers of the Parliament...
The Court by upholding the validity of the Constitution (Seventeenth Amendment) Act,1964 held that the Parliament has complete authority to amend all parts of the Constitution including the Fundamental rights. However, this decision of the SC was ov..
The court held that the plea had been raised on the wrong impressions under Disabled Persons Act. The Indian railways stand not liable on the basis of contract which was admittedly made with a foreign railway. The burden of proving that the car was l..
The court held that the contentions of the defendant do not appear to be correct in the facts of the present case. The contract in itself had indicated the terms in which the respective obligations were to be performed by the parties. The court provi..
The present case revolves around the issue whether version recordings protected under Section 52(1)(j) can be considered as original musical work...
Cover versions refer to a sound recording made following Section 31C of the Copyright Act. The provision was added to the Act by the 2012 amendment. Before the 2012 amendment, making cover versions was permitted under Section 52(1)(j). The 2012 amend..
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