Madras High Court Reserves Orders On Netflix India's Application To Reject Suit Filed By Dhanush Against Nayanthara's Documentary

The Madras High Court has reserved orders on two applications moved by Netflix India to reject the plaint and to revoke the leave to sue granted to Actor Dhanush's Wunderbar films. Wunderbar had sought leave to sue Los Gatos (Netflix's Indian entity) in connection with the copyright infringement case against Nayanthara, Vignesh Sivan, and others. Justice Abdul Quddhose reserved...

Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence

The Karnataka High Court has struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 framed by the Central Government for generation, purchase and consumption of green energy i.e., electrical energy from renewable sources of energy.A single judge, Justice N S Sanjay Gowda observed that the Centre lacks power under Electricity, 2003 Act to frame...

Supreme Court Transfers Petitions Filed Against CCI Probe Into Amazon-Flipkart To Karnataka HC

The Supreme Court on Monday (January 6) transferred to the Karnataka High Court multiple writ petitions pending in various High Courts challenging the Competition Commission of India's (CCI) probe into alleged anti-competitive practices by Amazon and Flipkart-associated sellers.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed the order in a transfer petition filed by the...

DTAA | Foreign Company Providing Software To Its Agents In India Doesn't Mean It Has 'Permanent Establishment' In India: Delhi HC

The Delhi High Court has held that 'software' being an intangible property, cannot alone constitute 'Permanent Establishment' (PE) of a foreign entity in India. PE is defined under Article 5 of the Double Taxation Avoidance Agreement (DTAA) between India and the United States of America as- a fixed place of business through which businesses of an enterprise are wholly or partly...

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh

Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed by Sourish Bose and Deepanvita...

Delhi High Court Passes 'Dynamic+' Injunction To Protect Copyrighted Works Of Warner Bros, Netflix & Others

The Delhi High Court has recently passed a dynamic+ injunction to protect the copyrighted works of Warner Bros, Netflix, Disney and other global entertainment companies. Justice Saurabh Banerjee was dealing with a suit filed by global entities against 45 rogue websites seeking to restrain them from hosting and streaming their copyrighted works in various movies and shows. The suit was filed...

Software Expenses Are 'Revenue In Nature' If Fixed Capital Did Not Undergo Any Change Consequent To Acquisition Of Licensed Software: Mumbai ITAT

Referring to the decision in case of DCIT v/s M/s First Advantage Private Limited [ITA No. 6659/Mum/2013], the Mumbai ITAT held that software license expenses incurred by assessee to carry out its routine operations in a more efficient manner, has to be treated as revenue expenditure. The ITAT held so after finding that the fixed capital of assessee did not undergo any change as...

Failure To Refund Despite Receiving Returned Items, Bangalore District Commission Holds Amazon Liable

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of Sharavathi S.M.(President) and Jyothi N (Member) held Amazon liable for deficiency in services due to its failure to refund the amount despite receiving the returned items. Brief Facts: The Complainant placed an order for a riding jacket and a mosquito mesh on Amazon, priced at...

“Microsoft Blues”: A Call For Regulatory Shift & Invoking No Fault Liability

In the digital age, the security and resilience of critical infrastructure has become a paramount concern for nations worldwide. The recent Microsoft cloud outage, which caused widespread disruptions to various services and applications, has highlighted the world's uninhibited dependency on private companies and the urgent need for policymakers to mitigate the risks of such data outages with...

Failure To Replace Defective Television, Provide Refund, Ernakulam District Commission Holds Amazon and Cloudtail Liable

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri DB Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Cloudtail India Pvt. Ltd. and Amazon liable for delivering a defective television and failing to replace it or provide a refund. Brief Facts: The Complainant alleged that Cloudtail India Pvt. Ltd....

Bangalore District Commission Dismisses Complaint Against Apple Due To Lack Of Evidence Establishing Liability

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa(President), Jyothi N (Member) and Sharavathi S.M. (Member) dismissed a complaint against Apple Inc., noting that the Complainant failed to produce evidence such as tax invoice and warranty information. Brief Facts: The Complainant alleged significant issues with his...

BREAKING | Gujarat High Court Allows Release Of Film 'Maharaj' On Netflix

The Gujarat High Court has lifted a stay order imposed on the OTT release of the film 'Maharaj' starring actor Amir Khan's son Junaid Khan.A single bench of Justice Sangeeta K Vishen allowed the release of the film on Netflix.The film had been slated to release on the 18th of June, but a stay order had been imposed on its release, which was vacated by the High Court today. The stay order...