Court : US Supreme Court
..... apparently conceding this, nevertheless invokes the analogies of the law of literary property and copyright, insisting as its principal contention that, assuming complainant has a right of property in its news, it can be maintained (unless the copyright act by complied with) only by being kept secret and confidential, and that, upon the publication with complainant's consent of uncopyrighted news of any of complainant's members in a newspaper or upon a bulletin board, the right of ..... [ footnote 9 ] in the cases dealing with lectures, dramatic and musical performances, and art exhibitions [ footnote 10 ] upon which plaintiff relied, there was no general publication in print comparable to the issue of daily newspapers or the unrestricted ..... it is to be observed that the view we adopt does not result in giving to complainant the right to monopolize either the gathering or the distribution of the news, or, without complying with the copyright act, to prevent the reproduction of its news articles, but only postpones participation by complainant's competitor in the processes of distribution and reproduction of news that it has not gathered, and only to the extent necessary ..... cases, the plaintiff has no absolute right to the protection of his production; he has merely the qualified right to be protected as against the defendant's acts, because of the special relation in which the latter stands or the wrongful method or means employed in acquiring the knowledge or the manner in which it .....
Tag this Judgment!Court : Supreme Court of India
..... for the purpose .268 furthermore, the medical officer shall examine all newly admitted prisoners and record in the admission register and medical sheets particulars regarding their health, and the kind of labour they can perform in view of their health conditions .269 if the medical opinion states that the health of any prisoner suffers from employment of any kind or class of labour, he shall record such ..... shall not be allowed to purchase his own food;(f) shall not be shaved unless 90 part xiii he desires it or under the orders of the medical officer on grounds of health;(g) shall not be called upon to perform duties of a degrading or menial character unless he belongs to a class or community accustomed to perform such duties; but may be required to carry water for his own use provided he belongs to the class of society the members of which ..... the resolution stated: there has been a persistent demand in the central legislature in recent years that the criminal tribes act, 1924, should be repealed as its provisions which seek to classify particular classes of people as criminal tribes, are inconsistent with ..... khan v. the commissioner of police, delhi (2024) to ensure that members of denotified tribes are not subjected to arbitrary arrest; (vi) this court takes suo motu cognizance of the discrimination inside prisons on any ground such as ..... restrain members of particular castes from entering temples 201 marc galanter, law and caste in modern india , asian survey (1963), vol. 3, no.11, .....
Tag this Judgment!Court : Supreme Court of India
..... justice s r das (as the learned chief justice then was), in his concurring opinion observed that if a statutory authority has the power to perform any act that will prejudicially affect the subject, then although there are no two parties apart from the authority and the contest is between the authority proposing to do the act and 38 thomas cooley, the law of taxation (4th edn, 1924) 2116 39 kalawati devi harlalka v. ..... served under clause (ii) of sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to ..... deleted; and second, the new rule is brought into existence in its place.110 the deletion effectively repeals the existing provision.111 thus, an amendment by substitution results in the repeal of an earlier provision and its replacement by a new provision.112 the repealed provision will cease to operate from the date of repeal and the substituted provision will commence operation from the date of its substitution.113 after the substitution, the ..... (high court of delhi) page 112 ..... singh, 1963 scc ..... j sas, (1963) 48 itr177 ..... bihar, (1963) scc online ..... joseph, 1963 scc online ..... tulloch, 1963 scc online ..... cit, (1963) 48 itr .....
Tag this Judgment!Court : Supreme Court of India
..... just the storage or possession of any child pornographic material, but also any other material to indicate any actual transmission, propagation, display or distribution of any such material or any form of an overt act such as preparation or setup done for the facilitation of the transmission, propagation, display or distribution of such material, whereafter, the statutory presumption would stand attracted, and it shall be presumed by the courts ..... (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; (c) the exploitative use of children in pornographic performances and materials; and whereas sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.47. ..... including india to secure the best interest of the child and to specifically undertake preventive measures against any form of exploitation of children such as prostitution, unlawful sexual activity or pornographic performances and depictions. ..... the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; and (c) the exploitative use of children in pornographic performances and materials. ..... of nct of delhi reported in (2017) 2 scc18held that chapter xi of the it act, more particularly section(s) 67 through 67b are a complete code in itself when it comes to offences .....
Tag this Judgment!Court : Supreme Court of India
..... nos.21017-21018 of 2021 page 104 of 150 (a) when the act agreed to be done is in the performance, wholly or partly, of a trust; (b) when there exists no standard for ascertaining the actual damages caused by the non-performance of the act agreed to be done; (c) when the act agreed to be done is such that pecuniary compensation for its non- performance would not afford adequate relief, or (d) when it is probable that pecuniary compensation cannot be got for the non- performance of the act agreed to be done 10. ..... the limitation for the claim as well as counterclaim(s), other than those relating to cost of repair/replacement of gear boxes and fan modules, stood extended, under section 18 of the 1963 act, on the basis of acknowledgement made in the minutes of meeting dated 19 april 2018, and, therefore, those were within limitation as on the date of : (a) commencement of ..... delhi development authority99, in the context of commencement of the period of limitation for making a reference application under section 20 of the erstwhile arbitration act, 1940, it was held by this court that to be entitled to have an order of reference under section 20, it is necessary that there should be an arbitration agreement and secondly, differences must arise to which the 98 see paragraph 29 of the ..... three-judge bench decision of this court in delhi metro rail corporation ltd. v. ..... steel tubes ltd.15; (ii) associated builders (supra); (iii) ssangyong engg (supra); and (iv) delhi airport metro express pvt. .....
Tag this Judgment!Court : Supreme Court of India
..... in the same suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases all or any of the following reliefs, namely: civil appeal @ slp (c) no.29899/2017 page 4 of 22 1963 (in short the 1963 act ) to rescind the contract on the ground that decree holder(s) had failed to make deposit within two months, as directed by the first appellate court.9. ..... aforesaid decisions, in our view, the expression may apply in the same suit in which the decree is made as used in section 28 of the 1963 act must be accorded an expansive meaning so as to include the court of first instance even though the decree under execution is passed by the appellate court. ..... thus, it is clear that the decree holders were throughout ready and willing to perform their part under the contract / decree whereas the judgment debtor(s) avoided execution ..... is, therefore, settled that an application seeking rescission of contract, or extension of time, under section 28 (1) of the 1963 act, must be decided as an application in the original suit wherein the decree was passed even though the suit has been ..... judgment debtor(s) themselves applied to the execution court for rescinding the contract under section 28(1) of the 1963 act, and raised no such jurisdictional issue either before the execution court or the high court. ..... herein) being aggrieved by rejection of their prayer for specific performance of the agreement, filed an appeal before the appellate court ..... new delhi; september .....
Tag this Judgment!Court : Supreme Court of India
..... thoti devandrakulathan muchi tiruvalluvar ghasi mundala valluvan godagali nalakeyava valmiki godari nayadi vettuvan godda paga dai (2) scheduled castes throughout the province except in any special constituency constituted under the government of india act, 1935, for the election of a representative of backward areas and backward tribes to the legislative assembly of the province :- aranadan kattunayakan kuruman dombo kudiya malasar kadan kudubi mavilan karimpalan kurichchan pano 25 part ii ..... union of india97, this court highlighted the folly of measuring merit based on the performance of candidates in a 92 justice krishna iyer in nm thomas (supra) observed that the usage of the phrase claims in article 335 indicates that reservation is a right and not the provision of charity or ..... . supp 1 scr352 chinnappa reddy, j after referring to the aforesaid view 176 in balaji [1963 supp 1 scr439: air1963sc649 observed that the propriety of such test may be open to question on the facts of each case but there was no reason why on principle there cannot be a classification into backwards and more ..... example, annual income of rs 36,000 may not count for much in a city like bombay, delhi or calcutta whereas it may be a handsome income in rural india anywhere ..... example, annual income of rs 36,000 may not count for much in a city like bombay, delhi or calcutta whereas it may be a handsome income in rural india anywhere ..... .(vikram nath) new delhi august01 2024 civil appeal no.2317 .....
Tag this Judgment!Court : Supreme Court of India
..... contentions were urged by the petitioners therein: - (i) that the state legislature could not have made a law authorising the imposition of the impugned levy after the mines and minerals (regulations and development) act, 1957 (central act lxvii of 1957) came into force; (ii) that the notification in so far as it levied licence fee on the mining activities carried on by the petitioners therein was outside the scope of sections ..... the learned chief justice then was) observed: in any case, the definition of mining operations and minor minerals in section 3(d) and (e) of the act of 1957 and rule 2(5) and (7) of the rules of 1963 shows that minerals need not be subterranean and that mining operations cover every operation undertaken for the purpose of winning any minor mineral. ..... of government, each federal unit should be able to perform its core constitutional functions with a certain degree of ..... . if, for instance, section 9 of the mmdr act, 1957 is repealed and the parliament leaves it to the wisdom of state legislatures to impose royalty, then, there cannot be a duplication of taxes on mineral bearing land: one under entry 49 - list ii and another ..... new delhi ..... . new delhi; july 25, 2024 200 reportable in the supreme court of india civil appellate/original jurisdiction civil appeal nos.4056-4064 of1999mineral area development authority & another appellants versus steel ..... governor, delhi administration, ..... prescribe the terms and conditions subject to 81 state (nct of delhi) v. .....
Tag this Judgment!Court : Supreme Court of India
..... civil appeal no.4565 of 2021 page 28 of 42 (6) notwithstanding anything contained in the limitation act, 1963 or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has been made ..... where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or performance of all that he is liable for is invested with all the rights which the creditor had against ..... movable or immovable; (iv) intangible assets including intellectual property; (v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies; (vi) assets subject to the determination of ownership by a court or authority; (g) to perform such other duties as may be specified by the board. ..... authority under sub- section (1) or within such period as provided for in such law, whichever is later: provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the competition act, 2002, the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of civil appeal no.4565 of 2021 page 25 of 42 such resolution plan by the committee of creditors. ..... mithal) new delhi; july ..... upon a decision of this court in the case of economic transport organization, delhi v. .....
Tag this Judgment!Court : Supreme Court of India
..... ), the bench had taken the view that filing of an application or petition for initiating proceedings for contempt does not amount to initiation of proceedings by the court and initiation under section 20 of the act can only be said to have occurred when the court forms the prima facie opinion that contempt has been committed and issues notice to the contemner to show cause why he should not be punished. ..... is that a decision having been rendered by the division bench (original) upon consideration of the pleadings in the 19 contempt petition vis- -vis the law relating to limitation contained in the act, such decision was not open to a review on the basis of alleged discovery of new evidence since the same did not have any relation with the finding that the contempt petition was time ..... we can safely affirm, drawing from our joint experience on the bench, that in the vast majority of cases seeking invocation of the provisions of the act for an alleged civil contempt, institution of proceedings is through a petition or an application containing information made available by a party alleging that the facts disclosed by him do constitute contempt of court and, thus ..... that in terms of section 29(2) of the 1963 act, provisions contained in section 5 of the 1963 act can be called in aid by a party who seeks condonation of delay in presentation of an appeal under section 19(1) of the act. ..... datta) new delhi; 22nd july, ..... reiterated in a recent decision of this court in state (nct of delhi) v. k.l. .....
Tag this Judgment!