Supreme Court of India orders for fast-tracking IPR cases

In a significant decision given by the Supreme Court of India recently, it has been held that the matters relating to Trademarks, copyrights and patents should be decided by the trial courts very expeditiously. This judgment is very important as it will instill sense of confidence of multinational companies in the Indian judicial system for Redressal of their grievances relating to instances of infringement and passing off of their intellectual property rights. They will have a confidence that their cases relating to IPRs would be decided expeditiously and they would not have to wait for several months and years to get a judgment in their case. The case is reported as M/s Shree Vardhman Rice & General mills vs M/s Amar Singh Chawalwala. For complete text of this judgment, you may email me at sg@sgsolicitors.com.

Supreme Court rejects petition of Reliance Natural Resources Ltd. in Ambani brothers dispute over gas from KG Basin

Supreme Court of India today on 7.5.2010 pronounced judgment in the much awaited Reliance case titled as "Reliance Natural Resources Ltd. vs Reliance Industries Ltd. and others" SLP (Civil) No. 14997/2009 (the arguments in this case were over and matter was reserved for orders on 18.12.2009). The Supreme Court ostensibly rejected the petition of Anil Ambani led Reliance Natural Resources Ltd. petition and upheld the order of Bombay High Court. The Court held that family MoU is not binding and directed RIL and RNRL to renegotiate Production Sharing Contract (PSC) within 6 weeks and to submited the renegotiated contract to the Company Court.
For the text of the judgment, you may kindly email me at sg@sgsolicitors.com

Copyright infringement alleged in the recent movie 'Atithi Tum Kab Jaoge'

As per a news report, a controversy has erupted now regarding the movie 'Atithi Tum Kab Jaoge' which was released in February/March 2010, starring Ajay Devgan, Konkana Sen Sharma and Paresh Rawal. Noted novelist and write Mr.Aabid Surti has alleged that the story of the said film has been lifted from his Gujarati novel 'Bauter Varas No Babo'. He has filed a complaint with The Film Writers Association (FWA), demanding Rs.1.15 crore as compensation.
On the other hand, the film's producer said that his film is inspired not from his novel but from another acclaimed writer Sharad Joshi's short story titled 'Atithi Tum Kab Jaoge'.
Only time will tell who is right.

Calcutta High Court stays release of film HOUSEFUL with offending song from yesteryear blockbuster Laawaris

Calcutta High Court on 29.4.2010 stayed the release of latest movie 'HOUSEFUL' with the offending song 'apni to jaise taise'. The film starring Akshay Kumar and Deepika Padukone. This film produced by Sajid Nadiadwala and directed by Sajid Khan is entangled in legal controvery over its song “apni to jaise taise” which is apparently lifted and remixed from the old blockbuster Laawaris which was produced by Prakash Mehra.

Punit Mehra, son of Prakash Mehra has filed Suit No.112/2010 in Calcutta High Court against Sajid, objecting to this song and asking for removing this song from the movie on the ground that the said song was written by Prakash Mehra and he had copyright in the lyrics of said song. Earlier, music director Anandji and heirs of music director Kalyanji also filed Suit No.109/2010 claiming that producers of Housefull used the song without having any copyright. The Court (Justice Nadira Patherya) stayed the movie with said song on 29.4.2010. However, Sajid still released the movie with offending song on 30.4.2010 Friday.

On 30.4.2010, the case was mentioned before the Court and the producer, director and SAREGAMA (Music company) sought time for compliance of the stay order. They were restrained from exhibiting the said offending song in the film. As they expressed inability to stop the release in view of unavailability of the stay order, the Court directed them on 30.4.2010 to file in court on 3rd May 2010 the statement of collections made on 30th April, 1st May and 2nd May 2010.


Sunil Goel advocateB.Sc. L.Lb L.Lm

Text of Judgment of Supreme Court of India in the case of Khushboo, Indian Actress

The judgment given by Hon'ble Supreme Court of India on 28th April 2010 exonerating Indian actress Khushboo from all criminal charges regarding her comments on extra marital affairs is now available with me. It's a 17 page judgment. It's not possible to write 17 pages on this post. Anybody who wants the text of this judgment can email me at sg@sgsolicitors.com.



Sunil Goel advocateB.Sc. L.Lb L.Lm