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A Division Bench of Justices C Hari Shankar and Om Prakash Shukla passed the order while hearing Rahman’s appeal against a single-judge ruling.
“We have allowed the appeal. We have authored concurrent opinions. We have set aside the impugned order by the single-judge on principle,” the bench observed. However, the Court clarified that it had not examined the actual question of infringement at this stage.
The earlier order had been passed by Justice Prathiba M Singh on a suit filed by classical vocalist and Padma Shri awardee Ustad Faiyaz Wasifuddin Dagar. Dagar alleged that ‘Veera Raja Veera’ was copied from ‘Shiva Stuti’, a classical composition created by his father, Ustad Nasir Faiyazuddin Dagar, and uncle, Ustad Zahiruddin Dagar, collectively known as the Junior Dagar B
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