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2012 Supreme(Del) 1823

MANMOHAN SINGH, PRADEEP NANDRAJOG
India TV Independent News Service Pvt. Ltd. – Appellant
Versus
Yashraj Films Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellants:Ms. Pratibha M. Singh, with Ms. Ujjwala Jeremiah & Ms. Chandrika Gupta, Advocates.
For the Respondents:Pravin Anand, with Ms. Geetanjali Visvanathan, Advocates.

Judgment :

PRADEEP NANDRAJOG, J.

1. Application(s) seeking interim injunction pending disposal of the suit(s) have been decided by the learned Single Judge vide impugned order dated November 11, 2011. In the two appeals we are concerned with only two suits.

2. Eschewing reference to the facts of CS(OS) No.2282/2006 filed by Super Cassette Industries vs. Mr.Chintamani Rao & Ors., for the reason no appeal has been filed before us pertaining to the impugned order insofar the defendants of said suit have been injuncted in terms of the interim relief prayed for, the facts pertaining to the other two suits i.e. CS(OS) No.2283/2006 and CS(OS) No.1706/2006 are that the defendants, in one suit had used the first line of the lyrics of a hit song in the cinematographic film „Bunty Aur Babli?: „Kajra Re Kajra Re Tere Kare Kare Naina?in an advertisement broadcasted during a TV programme and in the other programme, during a chat show:

INDIA BEATS, a budding singer, on the threshold of fame, during course of the chat sang nine stanzas, either in full or in part, from songs which had made the young artist famous; when the artist sang five out of nine times, clippings from the cinematographic film c















































































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