Bringing you the Best Analytical Legal News
The dispute concerns ownership of the copyright in the song “Double Shot (Of My Baby’s Love)”, authored in 1962 by Cyril E. Vetter and Donald Smith in Baton Rouge, Louisiana.
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“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
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“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
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When interpreting a tariff heading involved in a classification dispute, the tribunal or court may need to invoke and rely on the common or trade parlance test to understand the meaning and scope of the terms used in that tariff heading.
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“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”
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“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”
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“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”
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“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”
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“They have been vociferously endorsing, supporting, and promoting the sentiments as well as provoking the people of Kashmir. So much so, in their posts, the accused have called for a boycott of elections and to reject the candidate who comes with the idea of development.”
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“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
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Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.
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“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
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“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”
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“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”
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“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”
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The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.
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“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”
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“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”
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Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.
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“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”
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