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Super Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Section 31(1)(b), 19-A, 52(1)(j)(4); Armed Forces Tribunal Act, 1985 - Section 41(1); Code Of Civil Procedure (CPC) - Section 151; Trade Marks Act - Section 25(i); Indian Copyright Act, 1914 - Section 72; Copyright Act, 1911 - Section 4; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 22(1), 19(1)(6); Code of Criminal Procedure (CrPC), 1973, - Sections 345, 346 ; Indian Penal Code (IPC) - Sections 193, 228, 125

in these appeals is whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint.

Music Broadcast Pvt. Ltd. Vs. Super Cassette Industries Ltd.

Court : Delhi

Subject : ConstitutionCriminal

Acts : Copyright Act, 1957 - Section 31; Constitution of India - Articles 300A, 19(1)(g); Industrial Disputes Act, 1947 - Section 10(4); Code of Criminal Procedure (CrPC), 1973 (CrPC) - Section 125; Income Tax Act, 1961 - Section 255(5)

viz. whether the Copyright Board possesses power to pass interim orders in proceedings under Section 31 of the Copyright Act, 1957 („Act for short). Section 31 provides for the grant of a compulsory licence in respect of copyrighted works.

Super Cassette Industries Ltd. Vs. Entertainment Network (India) Ltd.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyrights Act, 1957 - Sections 2, 31(1), 31(2), 51 and 53; Medical Act, 1858 - Sections 29

Reported in : AIR2004Delhi326; 112(2004)DLT549

songs produced and/or acquired by the appellant are sound recordings within the meaning of Section 2(xx) of the Copyright Act, 1957. It is alleged that the appellant being the owner of the copyright in the aforesaid sound recordings is … against the direction of the Copyright Board directing the Registrar of Copyrights to grant a compulsory license under Section 31(1)(b) of the Copyrights Act, 1957. 2. It is alleged that the appellant is one of the leading music

Super Cassettes Industries Ltd. Vs. Mr. Punit Goenka and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 31, 31(1), 31A, 31A(4), 32, 51, 55, 63, and 135B(1); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Rules 1 and 2

Reported in : 2009(41)PTC1(Del)

a case of infringement of copyright, then, mere pendency of application at the behest of the defendants under Section 31 of the Copyright Act, 1957 seeking compulsory licensing cannot take away the jurisdiction of this Court to determine … of absence of itemized songs, non compliance of provisions of assignment of Section 18 and 19 of the Copyright Act, 1957 and the maintainability of the suit in the absence of the original owners and have also denied any

Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 6, 11, 13, 13(4), 14, 14(1), 16, 17, 18, 19, 19A, 27, 30, 30A, 31, 31(1), 31(2), 31A, 31A(4), 32, 32(1A), 32A, 32B, 33, 33(3), 34, 34A, 34A(2), 35, 50, 51, 55, 63, 72, 74 and 78; Juvenile Justice Act; General Clauses Act; Copyright Rules, 1958 - Rules 3(3), 9, 11A, 11C(4), 11D, 14I, 14J and 14K; Constitution of India - Articles 14, 19(1) and 300A

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Interpretation of Section 31 of the Copyright Act, 1957 (for the sake of brevity, hereinafter referred to as, `the Act') is involved in these appeals.We may notice

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

Subject : Intellectual Property RightsCivil

Acts : Copyright Act, 1957 - Sections 2, 2A, 10, 31, 31(1), 31(2), 33(3) and 72; Income Tax Act - Sections 297(2); Delhi Municipal Corporation Act, 1957; Motor Vehicles Act, 1939 - Sections 68; Industrial Disputes Act - Sections 10(4); Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rule 11 - Order 14, Rule 2

Reported in : 2009(111)BomLR609; 2009(2)MhLj651; LC2009(1)329

of Satellite, cable and Internet platform. The Defendant is a Collecting Society constituted under Section 33(3) of the Copyright Act, 1957 (the Act) to perform the statutory duties and public functions essentially under Section 31 of the Act. Section

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

Subject : CivilIntellectual Property Rights

Acts : Companies Act, 1956; Copyright Act, 1957 - Sections 2, 11, 12, 13, 14, 16, 18, 19, 19A, 30, 31, 31(1), 33(3), 44, 49, 51, 63, 72, 73 and 74; Code of Criminal Procedure (CrPC) , 1973 - Sections 345 and 346

under the Companies Act, 1956 and has been registered as a Collecting Society under Section 33(3) of the Copyright Act, 1957 ('The Act' for short) to carry on the business of issuing licenses inter alia to broadcast / communicate … Profits. There was no response from the Defendant and therefore, on 04.07.2009, the Plaintiff made an application under Section 31(l)(b) of the Act to the Copyright Board (the 'Board' for short) at New Delhi for a compulsory license

Phonographic Performance Ltd. Vs. Music Broadcast (P) Ltd.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Constitution of India - Article 14; Copyright Act, 1957 - Sections 13, 14, 16, 31, 31(1), 31(2) and 72(7); Universal Declaration of Humanrights - Article 27; Amending Act, 38 of 1994; General Clauses Act - Sections 2, 2(1), 3, 13(2);

Reported in : 2004(3)ALLMR196; 2004(29)PTC282(Bom)

Hydrabad dated 19th November, 2002. These appeals have been filed under Sub-section (7) of Section 72 of the Copyright Act, 1957 (hereinafter referred to as the 'Act'). The order dated 19-11-2002 has been passed by the Copyright Board under … (hereinafter referred to as the 'Act'). The order dated 19-11-2002 has been passed by the Copyright Board under Section 31 of the Act. It appears that the Government of India, in the year 1999, invited tenders for the

Bennett Coleman and Co. Ltd. and anr. Vs. Phonographic Performance Ltd ...

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 31 and 60

Reported in : 2004(2)CHN595

the defendant was owner of the Copyright the proper action to be brought by the plaintiff was under Section 31 of the said Act of 1957 which was before the Copyright Board. Mr. Banerjee contended that in case … copyright holder of various phonographic performance. The respondent is a copyright society registered under Section 33 of the Copyright Act, 1957 (hereinafter referred to as the 'said Act, 1957').2. In or about 1993 the plaintiff No. 1 was given

Music Broadcast Limited Vs. Axis Bank and Another

Court : Delhi

Subject : Service Tax

for further proceedings. The interim order dated 18.11.2013 passed by the learned single Judge shall continue to operate. Copyright Act, 1957 Section 31(1)(b) Code of Civil Procedure, 1908 Jurisdiction Appellant challenged judgment delivered by the Single Judge whereby he has