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Bombay High Court Grants Declaration in Favor of FM Broadcaster Against Copyright Society. Court Rules That Defendant Cannot Demand Royalty for Broadcast of Sound Recordings Under Copyright Act, 1957.

The suit was filed by Music Broadcast Private Limited, a company operating FM radio stations across India, against Indian Performing Right Society Lim...

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Bombay High Court Quashes Government Resolution Granting Letter of Intent for New Colleges, Holds State's Discretion Under Section 109(3)(d) of Maharashtra Public Universities Act Must Be Non-Arbitrary. Refusal Based on Extraneous Factors Like Age of Institution Violates Article 14 of Constitution.

The matter pertained to the establishment of a new college in Taluka-Haveli, Pune, under the Maharashtra Public Universities Act, 1960. The petitioner...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Supreme Court Dismisses Municipal Council's Appeal in Eviction and Regularization Case Over Stall Allotment. The dispute involved interpretation of license deed terms and applicability of regularization policies post-transfer of market management to the Council under a government notification.

The dispute arose from eviction proceedings initiated by the New Delhi Municipal Council against an occupant of a stall at Baba Kharag Singh Marg, New...

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Gujarat High Court Dismisses Lessee and Sub-Lessee's Revision Petitions Against Eviction Order in Rent Control Matter. Lease Deed Condition Permitting Lessor to Construct on Demised Land Does Not Create Tenancy Rights in Favour of Lessee After Expiry of Lease Term.

The case involves two revision applications filed by the lessee, Bharat Petroleum Corporation Ltd., and the sub-lessee, Mahendra Motors, challenging t...

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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...