https://www.taxtmi.com/caselaws?id=285293 The proviso to Section 60 of the Copyright Act, 1957 is treated as defeating a groundless threat suit once the person issuing the threat commences and prosecutes with due diligence an infringement action over the same copyright. On that reasoning, the earlier threat suit is said to become infructuous. The commentary also rejects a sub silentio challenge to the later Supreme Court statement of law, noting that a Supreme Court declaration remains binding under Article 141 even if every subsidiary point is not separately discussed. The application for dismissal of the earlier suit was therefore allowed. en-us Tue, 20 Nov 2018 00:00:00 +0530 Mon, 06 Jan 2020 20:14:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285293 The proviso to Section 60 of the Copyright Act, 1957 is treated as defeating a groundless threat suit once the person issuing the threat commences and prosecutes with due diligence an infringement action over the same copyright. On that reasoning, the earlier threat suit is said to become infructuous. The commentary also rejects a sub silentio challenge to the later Supreme Court statement of law, noting that a Supreme Court declaration remains binding under Article 141 even if every subsidiary point is not separately discussed. The application for dismissal of the earlier suit was therefore allowed. Case-Laws Indian Laws Tue, 20 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285293