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The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.
The petition was filed by Shruti Vora, a distinguished Indian Dressage athlete with a commendable record at international competitions including the Asian Games and Dressage World Championships challenging the Selection Criteria Notice 2024 issued by the Equestrian Federation of India
A quick recap of Intellectual Property cases passed by the High Courts in the month of June 2024 along with some top stories on Domino’s, Infosys Trademark Infringement, Patent for Portable Vehicle Management System and much more.
The Court observed that MCD is a big Government Department, and this civic agency must be handling innumerable matters but that does not give any automatic handle to MCD to file written statement as per its own whims and fancies.
With consent of both the parties, the matter is referred to the Senior Mediator of Delhi High Court Mediation and Conciliation Centre.
Apart from the formation of Code of Conduct for Patent and Trade Mark agents, the Delhi High Court also found a requirement to put in guidelines for solicitation and advertising.
The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.
The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.
The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.
The Court observed that no new material has been found by the Revenue which would warrant reopening the assessment. A reading of the notices will crystallize the fact that it has been issued merely based on a change of opinion.
A quick recap of TMT cases passed by the Supreme Court and High Courts in the month of June 2024 along with some top stories on PM Modi Fake video, Rajat Sharma Defamation case and much more.
“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”
The Delhi High Court said that the directions sought were not only beyond but also contrary to the law laid down by the Supreme Court.
Take a quick recap of the updates on criminal law from all the High Courts.
The appellant alleged that the Prime Minister, Home Minister and Minister of Communications have taken false oaths of allegiance to the Constitution of India, and they had attempted an antinational act of terrorism by attempting to kill the appellant as pilot-in-command of flight AI 459 on 08-07-2018.
In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.
“It is necessary to draw a distinction between a person’s financial affairs being open to public scrutiny, by requiring disclosure or clarification through legitimate means, which may not amount to defamation; and a person being subjected to vilification and to baseless and false ignominy, by asking tendentious questions laced with innuendo.”
The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.
The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.
“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”