M/S A. A. Associates vs Prem Goel And Ors

Excerpt: Delhi High Court M/S A. A. Associates vs Prem Goel And Ors. on 6 September, 2001 Equivalent citations: AIR 2002 Delhi 142 Author: V Aggarwal Bench: V Aggarwal ORDER V.S. Aggarwal, J. 1. M/s A A Associates, plaintiff is a registered partnership. It is carrying on business of film distribution, exhibition and exploitation of … Continue reading M/S A. A. Associates vs Prem Goel And Ors

if there is intellectual contribution by two or more persons pursuant to a reconverted joint design, to the composition of a literary work then those persons have to be regarded as joint authors.

Excerpt:A literary work consists of matter or material or subject which is expressed in a language and is written down. Both the subject matter and the language are important. It is difficult to comprehend, or to accept, that when two people agree to produce a work where one provides the material, on his own, and … Continue reading if there is intellectual contribution by two or more persons pursuant to a reconverted joint design, to the composition of a literary work then those persons have to be regarded as joint authors.

merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not makethe work entitled toprotection under the Copyright Act.

Excerpt:  merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not their work as the original literary work entitled to protection under the Copyright Act. Plaintiffs, therefore, have no copyright in the judgments published in their law reports. … Continue reading merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not makethe work entitled toprotection under the Copyright Act.

The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copyright of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy

Excerpt:    The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copy right of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy against infringement of the copy right. By virtue of these … Continue reading The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copyright of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy

The use of the plaintiff’s trademark, logo on containers in deceptive manner is dishonest to use and to pass off its goods on the basis of the reputation and goodwill of the plaintiff.

Excerpt: the use of trade mark Castrol CRB PLUS in respect of the printed material on lubricants, oil as well as using of the plastic container with the trade mark Castrol logo, the defendants are infringing the legal rights of the plaintiff by infringing trade mark as well as copyright of the plaintiff. The defendants … Continue reading The use of the plaintiff’s trademark, logo on containers in deceptive manner is dishonest to use and to pass off its goods on the basis of the reputation and goodwill of the plaintiff.

S. Kartar Singh vs Commissioner Of Income-Tax

Excerpt:  Section 16(1)(c), which was introduced to overtake the expedient taken recourse to by the assessed in diverting their income, applies only where transfer of income is by an overriding title so as to make the income the income of the transferee; (2) Since the owner of the property continues to be taxable by reason … Continue reading S. Kartar Singh vs Commissioner Of Income-Tax

If business of the assessee has nothing to do with the renting of property and renting is an isolated transaction to earn property income, mere fact that such income will result in reduction of business loss is not enough to hold that it will fall under the head of business income.

Excerpt:  Whether the income falls under the head of business income or income from property has to be decided from case to case depending on the question whether transaction involved business activity or merely deriving rental income. One of the determining factors may be whether the transaction is normal part of business of the assessee. … Continue reading If business of the assessee has nothing to do with the renting of property and renting is an isolated transaction to earn property income, mere fact that such income will result in reduction of business loss is not enough to hold that it will fall under the head of business income.

Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself.

Excerpt: Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it … Continue reading Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself.