This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
The concept of Karta in a Hindu joint family traditionally referred to the senior-most male managing the family’s affairs. However, the 2005 amendment to the Hindu Succession Act marked a shift by granting daughters equal inheritance rights. This change opened the door for women to assume the role o
Constitution, Powers and Functions of Family Courts
Family courts in India, established under the Family Courts Act, 1984, provide a specialized forum for resolving disputes related to marriage, divorce, child custody, and maintenance. Their main goal is to promote reconciliation and settlement, particularly focusing on the welfare of women and child
The concept of irretrievable breakdown of marriage refers to a situation where the marriage has failed beyond repair, with no hope of reconciliation. While not explicitly recognized under the Hindu Marriage Act, 1955, Indian courts have acknowledged this principle in cases like Naveen Kohli v. Neelu
The Doctrine of Pious Obligation in Hindu law mandates male descendants—sons, grandsons, and great-grandsons—to settle their ancestors’ debts, reflecting a moral duty rooted in ancient scriptures. This obligation pertains only to lawful debts, excluding those arising from immoral activities. The doc
Legal framework for a valid Hindu Marriage (Hindu Law)
The Hindu Marriage Act, 1955, governs Hindu marriages in India, outlining essential conditions for validity. These include monogamy, mental capacity, minimum age (21 for men, 18 for women), and prohibitions against marrying within prohibited degrees or “sapinda” relationships. The Act also recognize
The Role of the Karta in a Hindu Joint Family (Hindu Law)
The Karta is the manager and head of a Hindu Undivided Family (HUF), traditionally the senior-most male coparcener, responsible for managing family affairs and property. He holds significant authority over financial, legal, and social matters, representing the family externally. While the Karta’s de
Case Study: Zee Telefilms Ltd. v. Sundial Communications Pvt. Ltd.
In Zee Telefilms Ltd. v. Sundial Communications Pvt. Ltd. (2003), the Bombay High Court ruled that while ideas themselves are not protected by copyright, the specific expression of those ideas can be. The court found that the defendant had violated the plaintiff’s confidentiality and had infringed u
Case Study: Macmillan And Company Ltd. v. K. And J. Cooper
In Macmillan And Company Ltd. v. K. And J. Cooper, the Bombay High Court addressed the issue of copyright infringement. The appellant’s abridged version of North’s Life of Alexander included original notes. The court ruled that while neither party’s abridgement qualified as original literary work, t
A patent is a legal right that grants inventors exclusive control over their inventions for up to 20 years, allowing them to prevent others from making, using, or selling the invention. This exclusivity is intended to encourage innovation by providing financial incentives. Patentees must disclose th
In the digital age, domain names have emerged as vital business assets, often functioning similarly to trademarks by distinguishing a brand’s online presence. They play a key role in business strategy and goodwill. However, issues like cybersquatting, where malicious parties exploit trademarked name
Case Study: Feist Publications, Inc. v. Rural Telephone Service Co.
In Feist Publications, Inc. v. Rural Telephone Service Co., the U.S. Supreme Court held that Rural’s white pages directory was not eligible for copyright protection because it lacked originality. The Court ruled that copyright applies only to works with a minimum level of creativity, rejecting the “
In R.G. Anand v. M/S. Delux Films & Ors., the Supreme Court of India clarified that copyright protection extends to the expression of an idea, not the idea itself. The case revolved around the alleged infringement of the play Hum Hindustani by the film New Delhi. The Court ruled that since the simil
The doctrine of frustration in contract law discharges parties from their obligations when unforeseen events make performance impossible or fundamentally different from what was agreed upon. Under Section 56 of the Indian Contract Act, 1872, frustration occurs when supervening events beyond the cont
Case Study: Starbucks Coffee v. Sardarbuksh Coffee and Co.
In the case Starbucks Coffee v. Sardarbuksh Coffee & Co., the Delhi High Court ruled that Sardarbuksh’s brand name and logo were deceptively similar to Starbucks, causing potential confusion among consumers. The Court ordered Sardarbuksh to rebrand as “Sardarji-Bakhsh Coffee & Co.” due to the phonet
Case Study: The Coca-Cola Company v. Bisleri International Pvt. Ltd. & Ors.
In The Coca-Cola Company v. Bisleri International Pvt. Ltd., the Delhi High Court ruled that Bisleri International had no legal grounds to continue using the Maaza trademark after assigning the rights to Coca-Cola in 1993. The court upheld the validity of the assignment deed, affirming Coca-Cola’s e
In DC Comics v. Mark Towle, the Ninth Circuit ruled that the Batmobile, as a distinctive and recognizable character associated with Batman, is eligible for copyright protection. Despite design changes over time, the Batmobile maintained consistent traits such as bat-like features and high-tech eleme
Case Study: Shree Venkatesh Films Pvt. Ltd v. Vipul Amrutlal Shah & Ors
The Calcutta High Court, in Shree Venkatesh Films Pvt. Ltd v. Vipul Amrutlal Shah & Ors (2009), addressed copyright infringement concerning the Bengali film “Poran Jaye Joliya Rae” and the Hindi film “Namastey London.” The court found substantial similarity between the two films, determining that th
Case Study: The Chancellor, Masters & Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Anr.
In The Chancellor, Masters & Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Anr., the Delhi High Court ruled that reproducing copyrighted material for educational purposes, including creating course packs, does not constitute copyright infringement under Section 52(1)
Case Study: Ratna Sagar Private Limited v. Trisea Publications and Ors.
The Delhi High Court in Ratna Sagar Private Limited v. Trisea Publications held that copyright protection extends to the originality in the presentation and expression of material, not just the underlying ideas or concepts. The court found substantial similarities between Ratna Sagar’s “LIVING SCIEN
Case Study: Najma Heptulla v. M/s. Orient Longman Ltd.
In Najma Heptulla v. M/s. Orient Longman Ltd., the Delhi High Court ruled that both Maulana Azad and Prof. Kabir were joint authors of the book “India Wins Freedom” due to their intellectual collaboration. The court emphasized that authorship in copyright law involves both the provision of ideas and
Case Study: Star India Pvt. Ltd. v. Piyush Agarwal & Ors.
In Star India Pvt. Ltd. v. Piyush Agarwal & Ors., the Delhi High Court addressed the conflict between proprietary commercial rights and constitutional freedoms. The court ruled that while factual information cannot be copyrighted, exclusive rights to monetize real-time cricket match updates can be e
Case Study: Akuate Internet Services Pvt. Ltd. v. Star India Pvt. Ltd.
The case Akuate Internet Services Pvt. Ltd. v. Star India Pvt. Ltd. addressed the limits of copyright and the “Hot News” doctrine in India. The Delhi High Court ruled that Star India Pvt. Ltd.’s claims to exclusive rights over live match updates were invalid, as factual information cannot be copyrig
In copyright law, “ownership” and “authorship” are crucial for determining who holds rights to a creative work. Ownership of copyright is distinct from owning the physical object embodying the work. Copyright belongs to the person who expresses an idea in a tangible form, not the originator of the i
In Donoghue v. Allied Newspapers Ltd. (1937), the UK High Court ruled that Steve Donoghue, who provided ideas and stories, did not own the copyright in articles written by journalist Mr. Felstead. The court held that copyright protection applies to the specific form of expression, not to the underly
Case Study: Hawkins Cookers Ltd. v. Magicook Appliances Co.
In the case of Hawkins Cookers Ltd. v. Magicook Appliances Co. (2002), the Delhi High Court ruled in favor of Hawkins, affirming copyright infringement and passing off. The court found that Magicook’s labels and cookbooks were deceptively similar to Hawkins’ registered artistic works, leading to con
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