The pronouncements throw light on the fact that there is a long way to go for Indian courts in the arena of copyright law. The authors, musicians, artists, etc., need to be protected to encourage suitable environment for creativity.
The judgment makes it explicit that audi alteram partem should be followed before depriving parties of any of their rights or discharging them of their liabilities. It is essential that a notice should be given to such occupants, an opportunity of hearing should be granted to the parties concerned and procedure must be followed according to law.
The present judgment deals with two aspects of internal management- calling of extraordinary general meeting and removal of directors of company. Provisions for both these features are provided in Part VI of the Companies Act, 1956.
The case discusses the balance between the powers held by directors of the company and the shareholders of the company holds the fate of the company and how effective day-to-day management of work is vital for the prosperity of the company
The case discusses that the relationship of workmen with the company is a tight rope of trust to walk on. It is because of the sheer hard work of the workmen that a company flourishes. However, sometimes this relation is strained especially during the times of winding up of the company.
The case discusses the need to keep a check on the activities of a company is very important to save oneself from situation of crisis. The Companies Act 2013 provides for mandatory constitution of Audit committee to keep a check on the activities of company
This judgment broadened the scope of liability of director in case of default. It was not the first decision to view directors as trustees in case of misfeasance but it is remarkable as it extensively scrutinized various arguments.
The judgment is landmark for a reason that it has been extensively relied and affirmed by judges across courts in India as well as in other jurisdictions. However, it fails on certain grounds such as- not able to provide equitable remedy, following the doctrine of constructive notice disregarding the misuse of it by companies and not providing instances of implied powers
The judgment certainly broadened the horizon of non-obstante clauses and makes them mandatory in nature. Its broad interpretation makes penalty redundant. Now, it is completely valid to assign mandatory meaning to a negatively-worded clause.
The article discusses the Singardaan case and its judgment in detail. It further discusses the difference between idea and concept of idea and the fact that people should be confident that their work cannot be stolen just be altering some of the details of the idea. It is the time to safeguard the interests of people to generate more work and promote originality
