Search Results for "underlying works"

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Search Results for "underlying works"

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High Court

Bombay High Court Hears Interim Applications in Copyright Suits Over Post-2012 Amendment Royalty Rights for Underlying Works in FM Radio Broadcasts. The Court Was Called Upon to Decide Whether the Copyright (Amendment) Act, 2012 Requires Separate Royalty for Literary and Musical Works Embodied in Sound Recordings Broadcast by FM Radio Channels.

28 Apr 2023

The case involved interim applications in two commercial IP suits filed by Indian Performing Right Society Limited (IPRS), a copyright society registe...

High Court

Bombay High Court Dismisses Builders' Challenge to Circulars Restricting Composition Scheme for Works Contracts Under MVAT Act. Circulars Clarifying That Benefit of Composition Scheme Under Section 42(3A) of MVAT Act, 2002 Applies Only to Agreements Registered on or After 1 April 2010 Are Valid and Within Commissioner's Power.

30 Oct 2012

The judgment concerns two writ petitions filed under Article 226 of the Constitution by the Builders Association of India and the Maharashtra Chamber ...

High Court

Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

23 Apr 2019

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

High Court

Bombay High Court Upholds Arbitral Award for Unpaid Design and Construction Works in Section 34 Challenge Brought by Award Debtor. The Court held that the arbitral tribunal's error concerning joint and several liability of Designated Partners under the group company doctrine was severable and did not affect the efficacy of the award for admitted outstanding dues under an agreement containing an arbitration clause.

30 Sep 2025

This matter arose from a commercial arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

High Court

High Court of Judicature at Bombay Decides Preliminary Issue in Copyright Infringement Suits. Preliminary Objection on Copyright Society Registration Under Section 33(1) of Copyright Act, 1957 Determined Without Party Names.

24 Jan 2024

The Bombay High Court was seized of a batch of commercial IP suits filed by Novex Communications Pvt Ltd and Phonographic Performance Ltd seeking perp...

High Court

Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

12 Jun 2026

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

Supreme Court

Supreme Court Upholds Claim for Overtime Wages by Timekeepers in Railway Workshop under Factories Act read with Bombay Shops and Establishments Act. The Court Held that Section 70 of the Bombay Shops and Establishments Act, 1948, by its Non-Obstante Clause, Extends Overtime Wage Protection to All Factory Employees, Not Just 'Workers' under Section 2(1) of the Factories Act, 1948.

8 May 1959

The dispute arose when timekeepers employed in the time office of the Central Railway Workshop and Factory, Parel, Bombay, filed applications before t...

High Court

Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

3 Nov 2025

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

High Court

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.

25 Jul 2011

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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