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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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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...

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Bombay High Court Allows Appeals in Cricket Association Election Dispute — Interim Order Set Aside for Lack of Jurisdiction. Court holds that disputes relating to internal elections of a society are not maintainable in civil court without exhausting remedies under the Societies Registration Act, 1860.

The case involves two appeals arising from a suit filed by Gopinath Munde against the Mumbai Cricket Association (MCA) and its office bearers, includi...

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Bombay High Court Allows Second Appeal in Breach of Marriage Contract Case — Contract Not Void Ab Initio Despite Minority of Bride. Damages Recoverable Under Section 65 of Indian Contract Act, 1872 for Money Spent on Betrothal Ceremony.

The plaintiffs, Tulshiram and his daughter Rekha, filed a suit for damages against the defendants, Roopchand and his father Laxman, for breach of a co...

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Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....