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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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Supreme Court Grants Bail to PFI Accused in UAPA Case Due to Lack of Prima Facie Evidence and Parity with Co-Accused. Appellant's Custody Since July 2022 Without Charge Framing Violates Article 21.

The appellant, Athar Parwez, was arrested on 12.07.2022 in connection with FIR No. 827/2022 registered at Police Station Phulwari Sharif, Patna, under...

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Bombay High Court Dismisses Writ Petition by Education Society Challenging Reinstatement of Teacher. Temporary Appointment Against Reserved Post Does Not Justify Termination Without Following Procedure Under M.E.P.S. Act.

The petitioners, Datta Shelke Education Society and its school, challenged the order of the School Tribunal dated 30 June 1999 directing reinstatement...

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Bombay High Court Allows Default Bail to Accused in Murder Case Due to Non-Completion of Investigation Within 90 Days. Right to Default Bail Under Section 167(2) CrPC Not Defeated by Subsequent Filing of Charge Sheet.

The petitioners, Dattatraya Ankush Pathade and Sonali Satish Wakade, were arrested in connection with Crime No.416 of 2020 registered at Shrigonda Pol...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...

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Bombay High Court Allows Transfer of Hindu Marriage Petition from Dhule to Kopargaon on Grounds of Wife's Convenience and Safety. Wife's Convenience and Safety Precedence Over Husband's Choice of Forum Under Section 24 CPC.

The applicant, Sunita Manoj Goud, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H...

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Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...