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No need to prove actual damage

ByVivek Kumar Verma

CASE LIST

  • Laxmikant V. Patel v. Chetanbhai Shah & Anr.; 2002 (24) PTC 1 [Summary]
  • Prakash Glass and Rubber Works & Anr. v . Hindustan Safety Glass Works Pvt. Ltd.; 2006 (2) Calcutta High Court Notes 555 

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Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…

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ByVivek Kumar Verma

A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”)[1] (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree.[2] In both…

Royalty / Fees for Technical Services (FTS)

ByVivek Kumar Verma

CASE LIST A copyrighted article does not fall within the purview of Royalty (under the Finland DTAA) Director of Income Tax vs. Ericsson, 343 ITR 370  Director of Income Tax vs. M/s. Nokia Networks Oy, [2013] 358 ITR 259 (Delhi) [Summary] Director of Income Tax vs. Infrasoft Ltd., (2014) 264 CTR (Del) 329 [Summary] Payments to Satellite Operators for…

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Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr.

ByAnkit Rastogi

Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…

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