Mere Similarities Do Not Attract S.14 Of Copyright Act: Kerala High Court Dismisses Appeal Moved By Broadcasters Of Sitcom 'Uppum Mulakum'

The Kerala High Court has dismissed an appeal moved by the broadcasting team of the popular Malayalam sitcom 'Uppum Mulakum' seeking an injunction on the telecasting of another programme which was allegedly an imitation of the appellant's programme. Justice P. Somarajan observed that although copyright is intended to protect one's work, that does not stop others from adopting the very...

Failure To Issue Notice For Additional Payment Does Not Preclude The Contractor From Later Claiming It In Arbitration: Delhi High Court

The High Court of Delhi has observed that the failure of the contractor to issue notice under the contract does not deprive him of his right to claim additional payment before the arbitral tribunal. The Single Bench of Justice Bakhru also observed that such a stipulation in the contract is not a mandatory provision but only directory in nature and must be examined with reference to...

Corpus Donations Received By A Trust For A Specific Purpose Are Not Taxable, Even If The Trust Is Not Registered: ITAT Mumbai

The Mumbai Bench of ITAT, consisting of members Sandeep Singh Karhail (Judicial Member) and Gagan Goyal (Accountant Member), has ruled that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust is not registered under Section 12 A of the Income Tax Act, since they are in the nature of a capital receipt. The Assessee Versova Kokni Sunni...

Allahabad High Court Dismisses PIL Challenging Vires Of 'Uttar Pradesh Land Record Manual' With ₹10K Cost

The Allahabad High Court recently dismissed a writ petition styled as a Public Interest Litigation (PIL) plea filed seeking a declaration of the Uttar Pradesh Land Record Manual as ultra-vires the Uttar Pradesh Revenue Code, 2006, and the Revenue Code Rules, 2016.The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava also imposed a cost of Rs. 10,000/- on the petitioner...

Dissenting Views Of Minority Members Does Not Constitute An Arbitral Award: Kerala High Court

The Kerala High Court has ruled that the Arbitral Tribunal can pass only one arbitral award and not multiple awards. The Bench, consisting of Justices P.B. Suresh Kumar and C.S. Sudha, ruled that the dissenting views of the minority member(s) of an Arbitral Tribunal does not constitute an Arbitral Award, and the dissenting views cannot be made the basis of a proceeding under Section...

Andhra Pradesh High Court Grants Bail To Person Accused Of Illegally Transporting 55 Kgs Ganja

The High Court of Andhra Pradesh recently granted bail to a person accused of illegally transporting 55 KGs of Ganja in his car. Justice Cheekati Manavendranath Roy observed that he has been languishing in jail for the last more than 240 days period of time. Since the entire investigation in this case is completed and charge sheet was also filed. Therefore, in the said facts...

Scope Of Section 9 Of The A&C Act Cannot Be Extended To Enforcement Of The Arbitral Award: Calcutta High Court

The Calcutta High Court has ruled that the scope of Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot be extended to enforcement of the arbitral award or granting the fruits of the award to the award holder as an interim measure. The Single Bench of Justice Ravi Krishan Kapur held that the right to withdraw the amount deposited by the award debtor, pursuant...

Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused

The Andhra Pradesh High Court recently granted bail to a person accused of illegal possession of 16 kgs of Ganja. Justice Cheekati Manavendranath Roy observed : "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case." The petitioner was found to...

Covid-19 No Longer A Valid Ground To Deny Permission For Taking Out Padyatra: Andhra Pradesh High Court

Andhra Pradesh High Court recently directed the State to consider the petitioner's request to conduct padyatra to the office of the Chief Minister. Justice D. V. S. S. Somyajulu observed that Covid-19 is no longer a valid condition to stop him from the padyatra. "Considering the submissions made, this Court has to agree the reason No.1 (COVID-19) is no longer a valid ground...

Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse

The Patna high Court recently allowed termination of pregnancy of a minor victim of sexual abuse.Justice Anil Kumar Sinha observed that a plain reading of the provisions of the Medical Termination of Pregnancy Act, 1971, shows that with the consent of pregnant woman or the guardian in case of minor, the pregnancy can be terminated by two registered Medical Practitioners, where the...

Allahabad High Court Emphasizes On Need To Maintain, Preserve Ecosystem & Biodiversity At Sandi Bird Sanctuary

The Allahabad High Court on Tuesday emphasized the need to maintain and preserve the ecosystem and biodiversity at the Sandi Bird Sanctuary, situated in the Hardoi district of the state.The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi observed this while dealing with a Public Interest Litigation (PIL) plea moved by Inner Wheel Club Through its President...

Man Can't Run Away From Responsibility Towards Son & Wife By Simply Seeking Divorce To Serve His Parents: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently dismissed the appeal preferred by Appellant/husband for grant of divorce, holding that being a husband and a father, he could not run away from the responsibility by simply taking divorce on the ground that he wants to serve his mother and father for the remainder of his life or that he and his wife were not living together...