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SECOND APPEAL NO.538 2005

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Karnataka High Court Considers Quashing of Rape Charges Against Accused in Consensual Relationship Where Marriage Promise Was Not Fulfilled. Physical Relationship Rooted in Childhood Friendship Failed to Meet Ingredients of Section 376 IPC.

Background: This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 sought quashing of proceedings pending before the 24th Ad...

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Bombay High Court Dismisses Daughter's Challenge to Eviction Order Under Senior Citizens Act; Holds That Maintenance Includes Residence and Tribunal Can Order Eviction to Secure Senior Citizen's Residence.

The dispute involved a challenge by a German citizen daughter against an eviction order passed by the Welfare Tribunal under the Maintenance and Welfa...

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Bombay High Court Hears Suit by Trustees of Public Charitable Trust for Declaration of Ownership of Suit Properties Under Maharashtra Public Trusts Act, 1950. Defendant's Probate-Based Claim to Trust Properties and Alleged Trespass Prompted Suit for Declaration and Permanent Injunction.

The dispute arose between the trustees of the Banaji Limji Agiary Trust, a public charitable trust registered under the Maharashtra Public Trusts Act,...

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Bombay High Court Hears Writ Petition Challenging Constitutional Validity of Section 2(24)(xviii) of Income Tax Act, 1961. Petitioner contended that taxing capital subsidies as income violates Articles 14, 19, 246, 265 and 289 of Constitution; final decision not stated in available text.

Serum Institute of India Private Limited, a biotechnology company manufacturing drugs and vaccines with a plant at Hadapsar, Pune, filed the writ peti...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...