2018 SCC Vol. 8 October 14, 2018 Part 5

Constitution of India — Arts. 239-AA and 145(3) — Interpretation of Art. 239-AA: Appeals on the matter need to be heard by a Constitution Bench as these matters involve substantial questions of law as to the interpretation of Art. 239-AA. Registry directed to place papers before Chief Justice for constituting appropriate Constitution Bench. [State (NCT of Delhi) v. Union of India, (2018) 8 SCC 813]

Copyright Act, 1957 — Ss. 51 and 55 — Infringement of copyright — Establishment of: Comparison of software of plaintiff with that of defendant by a foreign expert, permitted due to acquiescence of defendant to appointment of such foreign expert and in the light of other facts of the case. [Diyora & Bhanderi Corpn. v. Sarine Technologies Ltd., (2018) 8 SCC 804]

Motor Vehicles Act, 1988 — S. 149 — Insurer’s Liability — Existence of, even in cases of fake/invalid driving licence: Fake/invalid licence of driver of offending vehicle can absolve insurer of liability and make owner of vehicle liable, if it has been established that owner was aware of fact that licence was fake/invalid and still permitted driver to drive the vehicle. [Ram Chandra Singh v. Rajaram, (2018) 8 SCC 799]

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