Copyright Act, 1957—Section 14, 51—Infringement—Rights and Remedies A. Copyright Act, 1957—Section 14—Exclusive Rights—Copyright vests in the author of a literary, artistic, musical, or cinematographic work the exclusive right to reproduce, adapt, distribute, perform, or communicate the work to the public. (Para 2) B. Copyright Act, 1957—Section 51—Infringement—Unauthorized use of a copyrighted work, including reproduction, adaptation, sale, or public communication, constitutes infringement, regardless of intent. (Para 3) C. Copyright Act, 1957—Exceptions—Limited exceptions such as private study, research, criticism, review, and reporting of current events do not amount to infringement. (Para 4) D. Remedies—Civil remedies include injunction, damages, and a...

Copyright Act, 1957—Section 14, 51—Infringement—Exclusive Rights—Remedies A. Definition and Scope—Copyright grants the creator of a literary, artistic, musical, or cinematographic work exclusive rights to reproduce, distribute, perform, or communicate the work to the public. (Sec. 14) B. Infringement—Any unauthorized use of a copyrighted work, including reproduction, adaptation, sale, or communication to the public, constitutes infringement. Innocent intention does not absolve liability. (Sec. 51) C. Exceptions and Fair Use—Certain uses, such as private study, research, criticism, or reporting, may not amount to infringement, provided they are within statutory exceptions. D. Remedies for Infringement—Civil remedies include injunction, damages, or accounts of profits; criminal rem...

A. Criminal Procedure Code—Police encounter—Compliance with Supreme Court guidelines—Reiteration of directions in PUCL v. State of Maharashtra (2014) 10 SCC 635—Mandatory registration of FIR in all cases of police encounters resulting in death or grievous injury—Independent investigation to be conducted by CID or by a team headed by an officer senior in rank to head of police team involved—Statement of injured person to be recorded before Magistrate or Medical Officer. (Paras 5, 6 & 13) B. Police conduct—Use of force—Unjustified firing—Infliction of firearm injuries below knee level for extraneous considerations such as career advancement or public image impermissible—Police cannot assume role of judiciary in punishing accused—Right to life and dignity under Art. 21 ...

A. Negotiable Instruments Act, 1881—Sections 138 & 139—Dishonour of cheque—Legally enforceable debt—Statutory presumption—Accused admitted issuance of cheque but pleaded that cheque was issued as security for a different transaction—Defence of cheque issued for security without cogent proof held untenable—Once execution of cheque admitted, presumption under Sections 118 and 139 operates—Absence of written loan agreement not fatal—Complainant established ingredients of Section 138 by oral and documentary evidence—Accused failed to rebut statutory presumption—Conviction upheld. [Paras 10 to 16, 29 to 30] B. Negotiable Instruments Act, 1881—Section 138—Demand notice—Service and compliance—Cheque dishonoured for insufficiency of funds—S...

A. Civil Procedure Code, 1908—Section 96—Appeal against decree—Recovery suit based on promissory notes and cheques—Proof of execution—Suit for recovery of money decreed on basis of two promissory notes and five undated cheques—Promissory notes bearing signatures of deceased borrower—Defendants neither specifically pleaded forgery of handwriting/signatures nor led evidence to disprove execution—Plaintiff proved signatures by summoning bank record—Undated cheques, though not bills of exchange, held to possess corroborative evidentiary value—Trial Court rightly decreed recovery applying preponderance of probabilities—No infirmity in decree—Appeal dismissed. [Paras 18 to 24, 29] B. Evidence Act, 1872—Burden of proof—Denial of signatures—Failure t...

A. Civil Procedure Code, 1908—Order 7 Rule 11(a) and (d)—Transfer of Property Act, 1882—Section 54—Rejection of plaint—Title in the suit property—On the basis of unregistered agreement to sell—An unregistered agreement to sell, without a registered sale deed, does not confer title under Section 54 of T.P. Act—In the absence of a Sale Deed, would not confer valid title—A General Power of Attorney and a receipt do not amount to transfer of ownership, as a power of attorney only creates an agency and is not a sale—In the absence of any registered title document in favour of the plaintiff, the suit is vexatious and does not disclose a cause of action, and is liable to be rejected. B. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of plaint—Agreement...

A. Civil Procedure Code, 1908—Section 19—Territorial jurisdiction in defamation suits—Principles governing forum selection—Defamation suit based on publication of allegedly defamatory content on the internet—Held, mere nationwide accessibility does not confer jurisdiction everywhere—Two governing principles laid down: (i) Merger Rule—If defamatory content causes harm at the place where the defendant resides or carries on business, suit must be filed there; and (ii) Maximum Wrong Rule—Where no part of the wrong is done at the place of defendant’s residence, jurisdiction lies where the maximum harm to reputation is suffered—Plaintiff cannot choose forum arbitrarily. [Paras 29, 34, 38, 66] B. Defamation on the Internet—Determination of situs of wrong—Online...

Negotiable Instruments Act, 1881—Section 138, 7, 9 and 142—Criminal Procedure Code, 1973—Section 401 and 397—Cheque dishonour—Complaint by third party—Not permissible—A complaint u/s 138 of the Act, for dishonour of a cheque is maintainable only at the instance of the "payee" or the "holder in due course" of the cheque, as explicitly stipulated under Section 142(1)(a) of the Act—A "third party" or a stranger having no legal title to the cheque as a payee or holder in due course lacks the locus standi to institute such a complaint in their own name, even if they are indirectly affected by the transaction—While a complaint can be filed through an authorized representative (such as a power of attorney holder or company signatory), the complainant must remain ...

West Bengal Premises Tenancy Act, 1997—Sections 7(1), 7(2), 7(3), 21, 22(2), 32—Ejectment Suit; Deposit of Rent; Deliberate Default; High Court Supervisory Jurisdiction—Constitution of India, 1950—Article 227: A. Deposit of Arrears and Current Rent: Tenant’s failure to deposit arrears and current rent as per court order, without seeking timely extension, amounts to deliberate default, justifying striking out of defence under Section 7(3). (Paras 2–5, 9–18) B. Extension of Time: Proviso to Section 7(2) permits extension only if application is made within original court-ordered period; belated applications are not maintainable. (Para 16) C. Remedies under Sections 21 & 32: Tenant’s non-availment of statutory remedies for non-acceptance or non-receipt of rent does not excuse defaul...

Civil Procedure Code, 1908—Order 18, Rule 17; Sections 11, 151—Re-examination of witnesses, Recall of Evidence, Res Judicata—Succession Act—Will and Probate: A. Re-examination of Witnesses: Power to recall witnesses under Order 18, Rule 17 CPC is discretionary and intended for clarification of issues, not for filling omissions in evidence after witnesses are fully examined and discharged. (Paras 21, 38, 39) B. Inherent Powers: Section 151 CPC permits recall in appropriate cases, but not to permit fresh evidence or complete omissions. (Paras 38–40) C. Examination-in-Chief: Under amended CPC, written statements of examination-in-chief are treated as oral evidence; adoption of earlier evidence does not constitute fresh evidence. (Para 42) D. Framing of Issues: Post-evidence framing cannot create a ne...