Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is no copyright when Editor puts in inputs like, cross citations to the citations already given, added names of cases and cross-citations, inserted citation in case history, presented in their own style the cases when they are cited..........
Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is copyright when Editor puts in inputs like (i) segregating the existing paragraphs in the original text by breaking them into separate paragraphs; (ii) adding internal paragraph numbering within a judgment after providing uniform..........
Trade and Merchandise Marks Act, 1958, Section 2(m), Copyright Act, 1957, Section 62 -- Trade mark, copyright and passing off - Jurisdiction - A cause of action for infringement of Copyright and a cause of action for infringement of Trade Mark or a cause of action of passing off is different - If a District Court, where plaintiff resides but where no cause of action..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Jurisdiction to grant bail is to be exercised by keeping in mind the nature of accusations, nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused,..........
Consent decree -- Plaintiff and defendant strangers - No family settlement proved - No pre-existing right - Right created by decree for first time - Decree not registered as immovable property of more than Rs.100/- - Finding of lower Courts that decree has no legal force & not binding - Upheld. 1996(1) Civil Court Cases 210 (S.C.) : 1996(1) Apex Court Journal 71 (S.C.)..........
Law -- Refund - Cheque for subscription of Law Journal accepted and got encashed but the journal subscribed neither received nor amount of subscription refunded - Appellant-OP led no evidence showing the supply of journal - Order of the District Forum directing OP to refund the amount of subscription with interest @8% p.a. upheld...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial Jurisdiction - Cheque received from petitioner complainant by a bookseller at Kaithal sent to first respondent at Nabha in the name of Law Journal published from Nabha - There is no branch of the first respondent at Kaithal - Merely sending cheque from Kaithal will not confer jurisdiction at District Forum Kaithal..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Proviso - S.5 Limitation Act does not apply to proceedings under S.34 of the Arbitration Act, 1996 for setting aside arbitral award though it applies to proceedings u/s 30 of old Act of 1940. (2001(2) Apex Court Journal 385 (S.C.) followed.) (Limitation Act, 1963, S.5)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature filing of complaint - Complaint not to be dismissed - It can await maturity or be returned to the complainant for filing later and mere presentation at an earlier date need not necessarily render the complaint liable to be dismissed or confer any right upon the accused to absolve himself from..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'No instructions' - Pleaded by counsel - Defendant proceeded exparte - Notice not given to defendant - Defendant is not at fault - Exparte decree set aside. (1998(2) Civil Court Cases 83 (S.C.) : 1998(1) Apex Court Journal 211 (S.C.) followed.)..........
