schematise/ICAT-version1 huggingface dataset:
"2. Termination. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the product and all of its component parts.
6. TRADE MARKS AND MARKETING 6.1 The trade marks, brand names, design and the get up in which the IMFL products will be sold, supplied and delivered by the UNIT and in particular and not limited to those listed in APPENDIX �C" hereto shall always be the sole property of Shaw Wallace or its associate or related companies as the case may be.  6.2 The UNIT hereby acknowledges and accepts that the UNIT never had nor has any right, title or interest therein and shall not at any time claim any right whatsoever to the use of the labels, brand names, trade marks and or get up of the IMFL products belonging to Shaw Wallace or to the nominees associates of Shaw Wallace except under written permission from Shaw Wallace.  6.3 Shaw Wallace hereby authorizes the UNIT as a licensee, under a separate agreement to manufacture, process package and sell the IMFL products of various brands of Shaw Wallace as contained in the APPENDIX �C" and such other brands as may be agreed upon from time to time for which Shaw Wallace or its associate or related or nominee company own or will own valid trademark registrations in India or otherwise which names, brands, etc. belong to or are associated with Shaw Wallace or any such other companies mentioned above.  6.4 Shaw Wallace from time to time advise the UNIT as to the marketing arrangement for IMFL of brand names belonging to Shaw Wallace or brands designated by the Shaw Wallace and the UNIT shall act in accordance with the directions of Shaw Wallace in so far as the sale of above brands of IMFL.  6.5 Nothing herein contained or implied shall be construed as precluding in any manner Shaw Wallace or its associated companies or related companies as the case may be from using or licencing the use of the said trademarks or brand names or get up on any goods including IMFL in India of elsewhere.
"3.1.1. the exclusive right (subject to Sub-clause 3.2) to use the Know-How to manufacture the Joints in the Licensee's Plants from components (other than the bought out components listed in Schedule 2) manufactured by Licensee or purchased by Licensee from Licensor or from a source approved by Licensor; 3.1.2 The non-exclusive right to sell the Joints in the Territory; 3.1.3 The non-exclusive right to export the Joints to all countries except (otherwise than t\with the consent of Licensor) where the Licensor or any Company in the GKN Group manufactures or has existing licensing arrangements for Joints, namely:-
Clause 2.2 of the BPA is relevant clause of transfer of assets i.e. both the tangible and intangible, which reads as under:  2.2 On the closing date, the seller will, in consideration of receipt of the Purchase Price from the Purchaser sell, transfer, convey, assign and deliver to the Purchaser and the Purchaser shall purchase, acquire and accept from the seller, all of sellers right, title and interest in the Assets free of all encumbrances (Save and except to the extent specifically disclosed to the Purchaser by the Seller vide the Disclosure Letter) including without limitation, the following: 2.2.1 The trademarks along with the trade names and the brand names owned by or applied for or registered in the name of the seller in relation to the products as described in Schedule 6 together with the goodwill of the business in connection with which the Trademarks are used. For the purposes of transfer of Trademarks, the Seller shall, on or before the Closing date, execute a deed of assignment in favour of the Purchaser, thereby transferring and assigning absolutely to the Purchaser the title to and any and all rights and interests in the trademarks, in the form as set forth in Schedule 7 hereto: 2.2.2 The relevant client portfolio consisting of the detailed list of wholesale stockists and all marketing and promotions information and documents in relation to the products; 2.2.3 All licenses, covenants, permissions, health registrations, approvals and concessions required from any Governmental Authority for carrying on the Allied Business asset out in Schedule 8 hereto 2.2.4 All other relevant information and technology in relation to the Allied Business including without limitation - a) The manufacturing know-how, in particular the specifications and test methods, manufacturing and packaging instructions, master formulae, validation reports, stability data, analytical methods and any other documents necessary to manufacture, control and release the Products;  b) Any drug safety reports in relation to the products
8.5 License Restrictions. Neither you nor any End User may use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings (except to the extent software included in the Service Offerings are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings, (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Offerings. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used. You may only use the AWS Marks in accordance with the Trademark Use Guidelines.
Clause 7.2 is important and states as follows: �7.2 Unless otherwise agreed by the Shareholders, the number  of Directors shall be seven (7) of whom, for so long as the Percentage Interest of the Prakash Family Shareholders is in aggregate equal to or greater than fifty point zero one per cent. (50.01%), four (4) shall be Prakash Family Directors and three (3) shall be Reuters Directors in accordance with the Articles. If the Percentage Interest of the Prakash Family Shareholders falls below such level, the number of Prakash Family Directors and Reuters Directors shall be determined in accordance with the Articles.�
1.7 "FRANCHISED BUSINESS" means the franchised business of Salon and Spa as per Annexure "A", to be run and operated by the Franchisee in accordance with the System and Standards under the Proprietary Marks of the Franchisor, and including the stock, sale, delivery or use of the Products if any, supplied in relation thereto by the Franchisor, as more particularly described in the Operating Manual.
Clause 2.2 of the Agreement deciphers the responsibility of the assessee in the Contract Territory Contract (India). Relevant parts of the clause are as under:-"2.2. Responsibility in the Contract Territory BMW India represents the interests of BMW AG in the Contract Territory. It is responsible for the sales promotion and the full utilization of the market potential for the Contract Goods in the Contract Territory. ..... Furthermore, BMW India undertakes the following functions in the Contract Territory in accordance with the laws of the contracting territory. ........ Performance of an adequate advertisement and sales promotion as well as public and media relation. ........"Clause 3 of the Agreement is also material for our purpose, which has been equally taken note of by the TPO as well in his order. Relevant parts of clause 3 read as under :-  "3.1. Responsibilities for Sales and Advertising The BMW India will establish and supervise in the Contract Territory an efficient BMW distribution network for sales, service and parts supply according to the recommendations of BMW. To this end, BMW India will, in its own Page | 35 ITA no.1002&2858/Mum/2016 Diageo India Private Limited; A.Y. 11-12 name, enter into dealer contracts in accordance with law of the Contracting Territory."
(ii) That was a case where the contract contained an express termination clause. In the present case termination clause has been, designedly omitted. In the premises the onus is on TISCO to show that it is entitled to terminate the contract following (1968) 1 Ch. D. 139 at 147 (Buckley J.).
7.It is normal to have a termination clause in all such agreements. The franchiser has high stakes in the contract in as much as its goodwill and reputation of the brand name is involved. Therefore, quality control and proper marketing of the product are very important to the franchiser. The franchiser cannot be made to stick to a party which does not come up to its standards and in the process ruin its goodwill and brand name. For these reasons commercial contracts can never be in perpetuity and even if in a contract there is no termination clause, the contract will he allowed to be terminated through a reasonable notice if the power to terminate is sought to be exercised bona tide. For this reliance is placed on Decro Wall International Sa vs. Practitioners in Marketing Limited, (1971)2 All E.R. 216: In this case the agreement was oral and, therefore,there was no termination clause. The agreement was allowed to be terminated through a 12 months' notice which was considered to he a reasonable period. Here also the defendant was appointed as the sole distributor for the products of the plaintiff in England and for this purpose the defendant had made lot of investment and incurred huge expenses in advertising the product of the plaintiff in its territory.
4. The issue which is argued before this Court, and was also argued before the trial court, is as to whether the provisions of Sections 33 to 35 only entitle a copyright society to collect the license fee, and the appellant/plaintiff not being a copyright society hence cannot file the present suit alleging infringement of copyright because the appellant/plaintiff is not entitled to collect the license fee. The case of the respondent no.1/defendant no.1 is that only a copyright society, registered under the provision of Section 33 of the Act, is one which is entitled to grant licenses and collect license fee/royalty with respect to the copyright works which are the subject matter of the Act, and since the appellant/plaintiff is not a registered society, hence, it cannot claim license/royalty, and therefore, it also cannot sue for infringement of the copyrights and claim damages because the causes of action of injunction against infringement of copyright with the claim of damages is predicated on the aspect that the respondent no.1/defendant no.1 must make payment of license fee/royalty to the appellant/plaintiff which is not a registered copyright society under Section 33 of the Act.
(f) Decree for specific performance of the Development Agreement dated 19th January, 1983 be granted against the defendant in terms of Clause 16 of the said Agreement requiring the defendant to execute Deed of Lease for a period of 51 years on terms and conditions contained in the said Clause;
27.1 There is an unambiguous, clear and unconditional admission of the appellant with respect to the relationship of the landlord and tenant between the parties as well as the expiry of term of the registered lease deed dated 7th November, 2006 on 6th November, 2008. In the written statement before the learned Trial Court, the appellant has admitted the registered lease deed dated 7th November, 2006 between the parties, which expired on 6th November, 2008.
29. The plaintiffs" claim that the defendant was responsible for manufacturing, marketing, promoting and distributing plaintiffs" products under the REYNOLDS Trademarks under the License Agreement. However, this is not borne out by the express terms of the License Agreement. In terms of the License Agreement, the defendant could sell the Covered Products and use REYNOLDS Trademarks (Licensed Property) in respect of said products albeit with the prior approval of the Licensor. Clearly, the defendant manufactured the Products on its own behalf and not on behalf of the plaintiffs. The attendant risks of the business were also entirely borne by the defendant. The licensing arrangement was, essentially, to enable the defendant to use the REYNOLDS Trademarks for its products.
On 19.4.2006, by the even dated letter, the applicant reiterated that the non-applicant had breached the Confidentiality Clause and that the claim of the non-applicant that the data displayed on the website was not confidential under the Shareholders Agreement, is misplaced. It was asserted in para 6 of the letter that non-applicant No. 1 was making contradictory statements. It was lastly asserted: "As already explained above, since the AV Birla Group is in violation of the provisions of the Shareholders Agreement, the First Notice and the Second Notice issued by us cannot be withdrawn. Since you have failed in agreeing upon the name of the international firm of auditors we shall therefore proceed in accordance with the Shareholders Agreement to do the needful in connection with determining the Fair Market Value of IDEA shares."
vi) Explanation by the assessee for the modus operandi of using its own employees as contractors for carrying out the fabrication work and stating that on account of reputed customers base of the assessee and on account of the fact that the items supplied by the assessee to them were special job tailor made to the specifications of the customers for which the assessee was supplied deigns and drawings of the job from the customers which was covered under the confidentiality clause as per the terms of agreement entered into with them.
39. Admittedly there is an arbitration clause, parties had by express agreement agreed not to file any civil proceedings, the exclusive jurisdiction of the court for any dispute arising out of and in connection with this SHA being Chhattisgargh court, jurisdiction of the Delhi Court is excluded. These facts had not been brought to the notice of the court at the time when the ex- parte injunction had been obtained by the plaintiff in his favour, this is an active concealment. Attention has been drawn to the legal notice dated 23.11.2009 sent by the plaintiff one day prior to the filing of the suit. Para 14 to 17 clearly speak of the breaches committed by the defendant (applicant herein) in terms of the SHA i.e. relating to the confidentiality clause. It has never been the averment of the plaintiff that the SHA itself is forged or a fabricated document or that the plaintiff had not put his signatures on the said document. A mere allegation of fraud without substantiating it with any further details or instances would not by itself be sufficient to state that the said SHA has become void.
13. At that stage, respondent No. 1 filed Arbitration Application Nos. 114 of 2002 and 90 of 2002 under Section 11 of the Act for appointment of the third arbitrator by asserting that in view of refusal of Shri S.N. Huddar to act as an arbitrator, it had appointed Shri S.L. Jain as a substitute arbitrator in terms of Section 15(2) of the Act and in that view of the matter respondent No. 2 was not entitled to act as the Sole Arbitrator. The designated Judge of the Bombay High Court allowed both the applications and appointed Shri Justice M.N. Chandurkar (Retired) as the third arbitrator.
9. An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument. Therefore having regard to the proviso to section 49 of Registration Act read with section 16(1)(a) of the Act, an arbitration agreement in an unregistered but compulsorily registerable document can be acted upon and enforced for the purpose of dispute resolution by arbitration.
14. The controversy in hand does not come to an end here as the arbitration clause under consideration has another dimension. It would be manifest on perusal of the above arbitration clause that the disputes arising between the parties at the first instance were to be mandatorily settled amicably by mutual discussion as the word used is shall in the clause and it is only on the failure of any settlement arrived at between the parties after the mutual CM(M) No.1021/2014 Page 3 of 12 discussion, the other alternative was the settlement of the disputes through arbitration. Hence, clearly the first step stipulated in the said clause is the settlement of disputes through mutual discussion and second step is the settlement through arbitration. The Forum of Arbitration was, therefore, made dependent on the outcome of the first step that is of mutual settlement.
The OPs are hereby jointly and severally directed to pay Rs.1,32,000 (Rs. One Lacs Thirty Two Thousand) only as charge for delay in handing over the bungalow in question as per the general terms and conditions to the complainant within 45 days from the date of this order. The Ops are further directed to pay Rs. 1,00,000/- (Rs.One Lacs ) only as compensation for mental pain, harassment and agony within 45 days from the date of passing this order, in default, it will carry an interest @9% per annum on the above mentioned amounts, i.e. charge for delay in handing the bungalow in question and compensation for mental pain, harassment and agony, for the default period. The OPs are also directed to pay Rs.5, 000/- only as litigation cost to the complainant within 45 days from the date of this order. The OPs are also directed to arrange for correction of the Deed in question in the form of Declaration Deed/Affidavit showing correction in the Deed as it is 'two storied bungalow' in place of 'one storied bungalow' which is written in the Sale Deed within 45 days from the date of this order,�in default, the complainant shall be at liberty to execute the order before this Ld. Forum as per the provisions of law. With the above mentioned observation, the complainant is thus disposed of accordingly.
8.   However, the power and duty to award compensation does not mean that irrespective of the facts of the case compensation can be awarded in all matters at a uniform rate of 18% per annum. As seen above, what is being awarded is compensation i.e. a recompense for the loss or injury. It therefore necessarily has to be based on a finding of loss or injury and has to correlate with the amount of loss or injury. Thus, the Forum or the Commission must determine that there has been deficiency in service and/or malfeasance in public office which has resulted in loss or injury. No hard and fast rule can be laid down ...
the Appellant (Adani Power) is entitled to argue any 7 proposition of law, be it �force majeure� or �change in law� in support of the order dated 21.2.2014 quantifying the compensatory tariff, the correctness of which is under challenge before the Appellate Tribunal in Appeal No.98 of 2014 and Appeal No.116 of 2014 preferred by the respondents, so long as such argument is based on the facts which are already pleaded before the Central Commission.
46. We now formulate the essential features of the doctrine of separability. These are:
"4. It is well settled in arbitration jurisprudence that an arbitration agreement is a distinct and separate agreement, which is independent from the substantive commercial contract in which it is embedded. This is based on the premise that when parties enter into a commercial contract containing an arbitration clause, they are entering into two separate agreements viz. : (i) the substantive contract which contains the rights and Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL ARB.P. 977/2022 Page 9 of 15 Signing Date:16.12.2022 11:58:41 Neutral Citation Number: 2022/DHC/005587 obligations of the parties arising from the commercial transaction; and (ii) the arbitration agreement which contains the binding obligation of the parties to resolve their disputes through the mode of arbitration. 4.1. The autonomy of the arbitration agreement is based on the twin concepts of separability and kompetenz- kompetenz. The doctrines of separability and kompetenz- kompetenz though inter-related, are distinct, and play an important role in promoting the autonomy of the arbitral process.
69. In any view of the matter we may also add that if the confidentiality clause under Rule 7 would be applicable in respect of the information provided in the application by the domestic industry under Rule 5(1), the same cannot be stretched to the extent that even the determination by the designated authority as regards the normal value or the export price or the margin of dumping or even the non-injurious price of the domestic industry shall remain confidential to the extent that it will not be revealed at all to any one at any stage, but the ADD would be imposed. As already interpreted Clause 16 requires that the designated authority before giving its final findings to inform all interested parties of the essential facts under consideration which form the basis of its decision. The essential facts in our view would constitute those facts which forms the basis of the decision that the designated authority may arrive at, where such decision would also include the decision to impose the ADD and the determination of the essential parameters thereof i.e. the normal value, export Page No.# 5/11 value and margin of dumping or even the non-injurious price.
We may again add that the requirement of Rule 16 are not subjected to the confidentiality clause of Rule 7, where although Rule 7 begins with a non obstante clause, but such provision being not notwithstanding to relate only to Rule 6(2), 6(3), 6(7), 12(2), 14(4) and 17(4) and the non obstante provision does not include Rule 16.
14. Meaning of copyright -For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:- (a) in the case of a literary, dramatic or musical work, not being a computer programme, - 25 Reliance Industries Ltd. (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub- clauses (i) to (vi); (b) in the case of a computer programme,- (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.