Copyright Infringement – Unauthorized distribution of Plaintiff’s educational course materials on various digital platforms – Prima facie case established – Balance of convenience favors Plaintiff – Irreparable harm if infringing activity continues – Injunction granted against Defendants [Para 42-44]
Digital Platforms – Challenge of widespread...
SARFAESI Act – Validity of orders under Sections 13(2) and 14 – Borrowers challenging the validity of orders under Sections 13(2) and 14 of the Sarfaesi Act – Debtor challenging the legality of orders passed by the Debt Recovery Tribunal and Debt Recovery Appellate Tribunal – Principles of natural justice violated during the proceedings – Matter requires further exami...
Writ of Habeas Corpus – Alleged illegal detention of petitioner's husband – Violation of procedural requirements and guidelines – Arrest made without following due procedure laid down under law – Lack of compliance with requirements set by the Supreme Court in D.K. Basu case – Detention declared illegal – Superintendent, District Jail, Jagdalpur, Chhattisgar...
Eviction Petition - Challenge to Trial Court's order allowing substitution of legal heirs of deceased landlady - Two objections raised by the petitioner regarding formal application for condonation of delay and non-disclosure of details of all Class-I legal heirs - Limitation issue addressed in light of Supreme Court judgment - Second objection dismissed as the Trial Court considered the origi...
Commercial Suit - Injunction against unauthorized dissemination of cricket matches - Prima facie case established by the Plaintiffs - Irreparable harm to the Plaintiffs if injunction not granted - Balance of convenience favors the Plaintiffs - Defendants restrained from communicating or disseminating any part of the ICC World Cup Cricket matches on electronic or digital platforms - Domain Name Reg...
Arbitration – Interpretation of contract clause – Petitioner challenged the interpretation of Clause XII of the agreement by the learned Arbitrator – Reliance on a prior decision of the Supreme Court - Argument that the decision was ignored by the Courts dealing with remedies under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Examining the relevant cla...
Civil Appeal – Delay in payment of privilege leave encashment to retired employees – High Court's order directing payment of interest – Special leave petitions challenging High Court's orders – Petitioners' delay in releasing amounts payable – Division Bench dismissing Special Appeal – Affidavit filed by petitioners found unsatisfactory – Compl...
Employment Compensation – Applicability of the 1923 Act to a Constable of Railway Protection Force (RPF) – Interpretation of Section 2(1)(n) – Whether a Constable of RPF is a "workman" despite being a member of the Armed Forces of the Union as per amended Section 3 of the 1957 Act – Consideration of the legislative intent and definitions. [Para 20(i)]
Alternati...
Consumer Protection – Medical Negligence – Blood Transfusion – Appellant, a former Indian Air Force employee, contracted HIV through a blood transfusion in a military hospital during his service – Allegations of negligence and reckless disregard for patient safety – Refusal to provide medical records and conduct of Court of Inquiry – Appellant claims compensatio...
Income Tax Appeal – Challenge to Settlement Commission's decision – High Court remanded matter to Settlement Commission for reconsideration of immunity from penalty and prosecution – Appellant aggrieved by High Court's decision – Appeal filed. [Para 2.11]
Settlement Commission – Jurisdiction to entertain application – Preliminary objection r...