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Search Results for "literary merit"

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Supreme Court

Supreme Court Examines Applicability of Section 292 IPC to Allegedly Obscene Poem Referencing Mahatma Gandhi Amidst Claims of Poetic License and Freedom of Expression. Court Clarifies That Poetic License Is Not a Legal License but a Fundamental Right, Subject to Reasonable Restrictions Under Article 19(2), and Obscenity Must Be Judged by Contemporary Community Standards.

1 Aug 2026

Background: The case arose from the publication of a poem titled 'Gandhi Mala Bhetala' (I met Gandhi) in the July-August 1994 issue of the Bulletin, a...

Supreme Court

Supreme Court Acquits Author and Publisher in Obscenity Case Under Section 292 IPC, Finding Story Not Obscene as Moral Element Predominated. Conviction Quashed After Court Applies Overall View Test, Holding Story Did Not Deprave or Corrupt Readers.

25 Aug 1969

The appellant, author Chandrakant Kalyandas Kakodar, and the printer-publisher were convicted under Section 292 of the Indian Penal Code for publishin...

High Court

Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

31 Aug 2016

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

High Court

Bombay High Court Allows Appeal Against Interim Injunction in Copyright Groundless Threat Suit — Restrains Defendant from Publishing Defamatory Statements Alleging Copyright Infringement. Court holds that Section 60 of Copyright Act, 1957 provides a remedy against groundless threats and that an interim injunction can be granted to restrain such threats pending trial.

13 Dec 2023

The appeal arises from an order dated 21 February 2023 passed by the learned District Judge in Civil Suit No.19 of 2022, whereby the trial court grant...

High Court

Bombay High Court Allows Appeal in Copyright Infringement Case, Restrains Defendants from Selling Allegedly Copied Books. Court finds prima facie case of substantial copying of plaintiff's literary works on Indian Economy and Polity by former students.

25 Oct 2024

The appellant, Ranjan Vasudeo Kolambe, filed a Commercial Appeal From Order under Section 13 of the Commercial Courts Act, 2015, challenging the judgm...

High Court

Bombay High Court Grants Injunction in Copyright Infringement Case for Technical Drawings of Flash Lights. Court holds that copyright subsists in technical drawings under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement.

15 Sep 2014

The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defen...

High Court

High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Copyright Infringement Dispute — Restrains Use of Test Results of 'Kaleido' for 'MyPedia'. The court upheld the trial court's order granting injunction based on prima facie case, balance of convenience, and irreparable injury under Order 39 Rules 1 and 2 CPC.

16 Dec 2015

The appellant, M/s Pearson India Education Service Pvt. Ltd., challenged the order dated 29.07.2015 passed by the XVIII Additional City Civil & Sessio...

High Court

Bombay High Court Dismisses Copyright Infringement Suit Against Film 'Baaghi' — No Substantial Similarity Found Between Plaintiffs' and Defendants' Works. The court held that similarities were at the level of general ideas, not protectable expression under the Copyright Act, 1957.

21 Apr 2016

The Plaintiffs, XYZ Films LLC, PT Merantau Films, and Sikhya Entertainment Private Limited, filed a copyright infringement suit against UTV Motion Pic...

High Court

Bombay High Court Dismisses Revision Against Copyright Infringement Prosecution — Registration of Copyright Not Mandatory for Criminal Action Under Copyright Act, 1957. Court holds that prior registration under Section 44 is not a prerequisite for launching prosecution under Sections 63, 63B, and 65 of the Copyright Act, 1957.

22 Oct 2024

The case involves a criminal revision application filed by Dattatray Bapu Dighe challenging the framing of charges against him for alleged copyright i...

High Court

High Court Dismisses Revenue's Appeal in Educational Society Exemption Case — Surplus from Tuition Fees Does Not Disqualify Exemption Under Section 10(23C)(iiiad) of Income Tax Act, 1961. The court held that the mere generation of surplus from tuition fees does not indicate a profit motive, and the surplus applied for educational purposes does not disentitle the institution to exemption.

18 Mar 2013

The case involved appeals by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) granting exemption under Section 10(23C)(iiiad)...

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