Anish Sinha

Case study: University of London Press v. University Tutorial Press
case-study
Case study: University of London Press v. University Tutorial Press
The case of University of London Press v. University Tutorial Press Ltd ([1916] 2 CH 601) established that examination papers qualify as “original literary works” under copyright law. The court held that originality in copyright does not require novelty but involves skill, labor, and judgment in cre
Case Study: Macmillan & Company Ltd. v. Cooper
case-study
Case Study: Macmillan & Company Ltd. v. Cooper
In Macmillan & Company Ltd. v. Cooper (1924), the Bombay High Court ruled that the unauthorized publication of an abridged version of a copyrighted work constitutes copyright infringement. The court upheld the trial court’s decision, emphasizing that even an abridged version, which requires signific
Case study: Campbell v. Acuff-Rose Music, Inc.
case-study
Case study: Campbell v. Acuff-Rose Music, Inc.
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), is a pivotal Supreme Court case that clarified the application of fair use in copyright law, particularly concerning parodies. The Court ruled that commercial purpose does not automatically negate fair use and that a parody can be transformati
Case study: Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions and Ors.
case-study
Case study: Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions and Ors.
In Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions (2019), the Delhi High Court ruled in favor of Yash Raj Films, finding that the Telugu remake “Jabardasth” was a substantial copy of the Bollywood movie “Band Baaja Baaraat.” The court emphasized that copyright protection extends beyond physica
Case Study: The Gramophone Company of India v. Super Cassette Industries Ltd.
case-study
Case Study: The Gramophone Company of India v. Super Cassette Industries Ltd.
The Gramophone Company of India v. Super Cassette Industries Ltd. case is pivotal in copyright law, particularly in the music industry. The Delhi High Court ruled that Super Cassette Industries infringed upon the copyright of Gramophone Company by producing unauthorized version recordings of their s
Kelson’s Pure theory of Law
lex-o-pedia
Kelson’s Pure theory of Law
Hans Kelsen’s Pure Theory of Law is a foundational framework in legal positivism that seeks to understand law purely as a system of norms, free from external influences like politics, morality, or social sciences. Kelsen’s approach emphasizes the hierarchical structure of legal systems, viewing law
Case study: Rajasthan Agricultural University, Bikaner, Through its Registrar v. Dr. Zafar Singh Solanki & Ors
case-study
Case study: Rajasthan Agricultural University, Bikaner, Through its Registrar v. Dr. Zafar Singh Solanki & Ors
The Supreme Court, in Rajasthan Agricultural University, Bikaner v. Dr. Zafar Singh Solanki & Ors., ruled that ad-hoc service as a Lecturer cannot be counted towards eligibility for the senior pay scale under the Career Advancement Scheme (CAS). The Court emphasized that CAS is a policy matter, and
Layering of companies and restriction
lex-o-pedia
Layering of companies and restriction
The Companies (Restriction on Number of Layers) Rules, 2017, restrict Indian companies from creating structures with more than two layers of subsidiaries to prevent misuse and ensure transparency. While these rules aim to curb black money and shell companies, they have been criticized for potentiall
Meaning, nature, and scope of Jurisprudence
lex-o-pedia
Meaning, nature, and scope of Jurisprudence
Jurisprudence is the theoretical study of law, analyzing legal systems, principles, and concepts. Originating from the Latin “jurisprudentia,” meaning “knowledge of the law,” it addresses fundamental questions about the nature, purposes, and relationships of law with morality and society. Rooted in
Case study: Gaurav Kumar v. Union of India and connected cases.
case-study
Case study: Gaurav Kumar v. Union of India and connected cases.
In the case of Gaurav Kumar v. Union of India (WP (C) No. 352 of 2023), the Supreme Court of India held that enrollment fees for advocates must align with Section 24(1)(f) of the Advocates Act, 1961. The Court ruled that fees cannot exceed Rs. 750 for general category and Rs. 125 for SC/ST advocates
Case study: BRS Ventures Investments Ltd. v. SREI Infrastructure Finance Ltd. & Anr.
case-study
Case study: BRS Ventures Investments Ltd. v. SREI Infrastructure Finance Ltd. & Anr.
SREI Infrastructure Finance Ltd. granted Gujarat Hydrocarbon and Power SEZ Ltd. a Rs. 100 crore loan secured by a mortgage and share pledges. Upon default, SREI invoked ACIL’s corporate guarantee and filed an IBC application against ACIL, admitted on 26.10.2017. BRS Ventures Investments Ltd.’s resol
Case comment: Vanshika Yadav v. Union of India, others And Other Connected Matters
case-study
Case comment: Vanshika Yadav v. Union of India, others And Other Connected Matters
In the case of Vanshika Yadav v. Union of India (W.P. (C) No. 335/2024), the Supreme Court addressed the NEET (UG) 2024 paper leak incident. Despite acknowledging leaks in Hazaribagh and Patna centers, the Court refused to cancel the exam, citing a lack of evidence of systematic breach affecting the
Case Study: Daimler Benz Aktiegesellschaft v. Hybo Hindustan
case-study
Case Study: Daimler Benz Aktiegesellschaft v. Hybo Hindustan
In the case of Daimler Benz Aktiegesellschaft v. Hybo Hindustan, the Delhi High Court ruled that Hybo Hindustan’s use of the “BENZ” mark for undergarments infringed on Daimler Benz’s well-known trademark associated with luxury cars. The court emphasized that the “BENZ” mark, renowned globally, shoul
Doctrine of Obiter Dicta and Ratio Decidendi
lex-o-pedia
Doctrine of Obiter Dicta and Ratio Decidendi
In legal judgments, the doctrine of obiter dicta refers to remarks made by a judge that are not essential to the decision’s outcome. These are persuasive but not binding in future cases. Conversely, ratio decidendi denotes the legal reasoning forming the basis of a court’s decision on the precise is
Merger and Demerger of a Company
lex-o-pedia
Merger and Demerger of a Company
Mergers involve the combination of two or more companies into a single entity, often to enhance competitive strength, achieve economies of scale, or expand market reach. De-mergers, on the other hand, entail a company splitting into two or more independent entities, usually to unlock shareholder val
Case study: Foss vs Harbottle
case-study
Case study: Foss vs Harbottle
**Foss v. Harbottle** (1843) is a foundational case in corporate law establishing the “proper plaintiff” rule. It determined that only the company itself, rather than individual shareholders, can sue for wrongs done to the company. This case reinforced the principle of majority rule, meaning that if
Case Comment: Mohd Abdul Samad v. The State of Telangana & Anr
case-study
Case Comment: Mohd Abdul Samad v. The State of Telangana & Anr
In the case of Mohd Abdul Samad v. The State of Telangana & Anr in was held that A divorced Muslim Woman can Seek Maintenance from Husband under S.125 CrPC in addition to remedy under 1986 Act.
Speaker of the Lok Sabha
lex-o-pedia
Speaker of the Lok Sabha
The speaker has been assigned a wide range of tasks related to administrative, judicial, and regulatory concerns that fall under his or her purview. The House scrutinizes her/his activities, which have a significant impact on parliamentary processes.
Company Law: Oppression and Management: Meaning, Rights and Remedies
lex-o-pedia
Company Law: Oppression and Management: Meaning, Rights and Remedies
Shareholders and creditors are one of the most vital components of a company and so company will be working efficiently only if these people are not facing any irrelevant tensions. Whenever a company gets involved in a situation where there is oppression or mismanagement against the creditors or sha
Doctrine of Force Majeure
glossary
Doctrine of Force Majeure
Force majeure is a clause inculcated in contract agreement in order to remove liability for unforeseeable and unavoidable catastrophes interrupting the expected timeline and preventing participants from fulfilling obligations, generally termed as “act of god”
Case Study: Dodge v. Ford Motor Co
case-study
Case Study: Dodge v. Ford Motor Co
This case cleared that if shareholders have rights to dividends from corporate profits then directors also have broad discretion to use those profits for lawful business expansion efforts deemed beneficial for the company’s future.
Case Study: Anil Kumar Sawhney v. Gulshan Rai
case-study
Case Study: Anil Kumar Sawhney v. Gulshan Rai
In the case of Anil Kumar Sawhney v. Gulshan Rai, Supreme Court held that a ‘cheque’ under Section 5 of the Act is also a bill of exchange but it is drawn on a banker and is payable on demand. Thus bill of exchange even though drawn on a banker, if it is not payable on demand, it is not a cheque.
Case study: CIT v. Meenakshi Mills Ltd.
case-study
Case study: CIT v. Meenakshi Mills Ltd.
This case deals with section 42(1) of the Income Tax Act, 1922 (IT Act) and the Court is entitled to lift the corporate entity if the entity is used for tax evasion or to circumvent tax obligation.
Study Notes: Prospectus
lex-o-pedia
Study Notes: Prospectus
The next stage after a company is incorporated is to raise the capital required to operate the firm. The purpose of a prospectus, in addition to inviting investors, is to enlighten them about the company’s operations, finances, capital structure, possibilities for growth, management, etc.
Case Study: Badshah v. Urmila Badhshah Godse and another
case-study
Case Study: Badshah v. Urmila Badhshah Godse and another
Citation: (2014) 1 SCC 188, AIR 2014 SC 869 Date
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