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Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

registered at number 611689 (subsequently corrected as 611389) under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1957 and the plaintiff No. 1- respondent Taj Mohammad Khan assigned the said trade mark and Copyright 'Ped Chhap … plaintiff was a registered user being by way of permitted use. Reference is made to the provisions of Section 71 under which the applications for registration of certification trade marks shall be moved before the Registrar in the

The Federation of Hotels and Restaurants Association of IndiA. Vs. Uni ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2(ff), 13, 33(3), 34(3), 34, 78, 2(dd), 1 (2), 35 - Chapter 14 ; Constitution of India - Articles 226, 14, 19(1)(g), 12 ;

of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as being violative of Article 14 and 19(1)(g) of the … filed under Article 226 of the Constitution of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as … copyrights. Chapter XIV of the Copyright Act is a fasciculus comprising Sections 71 to 73 pertaining to Appeals. Section 72(1) bestows the right of an

K. Sevanthinatha Pandarasannathi Vs. Government of Tamilnadu, Rep. by ...

Court : Chennai

Subject : Trusts and SocietiesConstitution

Acts : Hindu Religious and Charitable Endowments Act, 1951 - Sections 26 and 71(1); Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Sections 26; Copyrights Act, 1957; Indian Passport Act; Tamil Nadu (Exhibition of Films on Television Screen) Regulation Act, 1984 - Sections 9(2); Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1994; Rice Milling Industries Act, 1958; Foreigners Act, 1946 - Sections 3 and 3(2); Insolvency Act, 1920 - Sections 73; Constitution of India - Articles 14, 19, 21, 246, 254 and 254(2)

Reported in : 2005(5)CTC81; (2006)1MLJ134

Tamil Nadu (Exhibition of Films on Television Screen) Regulation Act 1984 cannot be regarded as a legislation on copyright itself, falling under List-I. The Tamil Nadu Act was held to be only a regulatory provision and not … Act was held to be only a regulatory provision and not repugnant to the provisions under the Copyrights Act 1957. In contrast, in the case on hand before us, while the Central Act does not contemplate any disqualification … O.A. No. 60 of 1960 and a further modification in O.A. No. 71 of 1972 dated 22nd December, 1980. There appears to have been some … petition, namely, the constitutional validity of Amending Act 30 of 1994 whereby, Section 26 of the Tamil Nadu Hindu Religious and Charitable Endowments Act was

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

Subject : Criminal

Acts : Prevention of Money Laundering Act, 2002 - Section 5(1)(5), 8(3)(4), 8(6)(8), 71, 26(1), 42; Indian Penal Code(IPC) - Sections 420, 511, 420, 467, 468, 471, 406, 121, 121-A, 489-A, 489-B, 302, 304, 307, 308, 327, 329, 364A, 384 to 389, 392 to 402, 467, 489-A, 489-B, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 467, 471, 472, 473, 475, 476, 481, 482, 483, 484, 485, 486, 487, 488; Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 4, 5; Code of Criminal Procedure(CrPC) - Section 173; Narcotic Drugs and Psychotropic Substances(NDPS) Act. - Sections 15 to 24, 25-A, 27-A, 29; Explosive Substances Act, 1908 - Sections 3 to 5; Arms Act, 1959. ; Wild Life (Protection) Act, 1972 ; Immoral Traffic (Prevention) Act, 1956 ; Prevention of Corruption Act, 1988 ; Explosives Act, 1884; Antiquities and Arts Treasures Act, 1972 ; Securities and Exchange Board of India Act, 1992 ; Customs Act, 1962 ; Bonded Labour System (Abolition) Act, 1976 ; Child Labour (Prohibition and Regulation) Act, 1986 ; Transplantation of Human Organs Act, 1994 ; Emigration Act, 1983 ; Passports Act, 1967 ; Foreigners Act, 1946 ; Copyright Act, 1957 ; Trade Marks Act, 1999 ; Information Technology Act, 2000 ; Biological Diversity Act, 2002 ; Protection of Plant Varieties and Farmers' Rights Act, 2001 ; Environment Protection Act, 1986 ; Water (Prevention and Control of Pollution) Act, 1974 ; Air (Prevention and Control of Pollution) Act, 1981 ; Constitution of India - Articles 226, 300-A

2000Paragraph-14Offences under the Emigration Act, 1983Paragraph-15Offences under the Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences under the Biological Diversity Act, … Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences … protection in terms of other enactments.33. While the 2002 Act may have an overriding effect by virtue of Section 71, upon other enactments in so far as the rights of persons charged under the Act are concerned, I

Director of Income Tax Vs. Infrasoft Ltd.

Court : Delhi

Subject : Direct Taxation

to address this issue.156. We must look into the meaning of the word "copyright" as given in the Copyright Act, 1957. Section 14 of this Act defines "Copyright" as "the exclusive right subject to the provisions of this Act, to

Rajiv Menon vs Dr M P Somparasad

Court : Karnataka

own wrote the Script after extensive research, which is an independent work. He submits that under the Indian Copyright Act,1957, the ideas per se are not copyrightable, but only the expression including the literary device such as dialogue, … grant of license or an agreement to make a cinematographic work based on the plaintiff’s alleged rights under Section 14 (4) of the Indian Copyright Act 1957.22. He submits that the provisions under Section 14 ofthe Indian … longer protected, since otherwise the playwright could prevent the use of - 71 -his “ideas,” to which, apart from their expression, his property is never

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)96TTJ(Delhi)1

to address this issue.156. We must look into the meaning of the word "copyright" as given in the Copyright Act, 1957. Section 14 of this Act defines "Copyright" as "the exclusive right subject to the provisions of this Act, to … our attention to page 206 of paper book No. 2 and also to paragraphs 2.2 onwards of page 71 of paper book No. 2.141.6. We shall now proceed to refer to the submissions and propositions put forth

Syndicate of the Press of the Universtiy of Cambridge on Behalf of the ...

Court : Delhi

Subject : Civil

Acts : Copyright Act, 1957 - Section 52; Code of Civil Procedure (CPC), 1908 - Section 151 - Oders 26, 39 Rules 9, 1, 2

including plates? 8. Whether the activities of the defendant fall under the concept of fair dealing under the Copyright Act, 1957? OPD 9. Relief. 5. Though the respondents participated in the proceedings upto this stage and by filing the … become.questions to be answered in an examination and therefore, the work in question falls within the scope of section 52(1)(h) of the Indian Copyright Act (hereinafter referred to as the Act'), which provides for doctrine of fair … paper doll features found in the public domain); Lipton v. Nature Co., 71 F. 3d 464, 470 (2d Cir. 1995) (Facts are considered to be

The Indian Performing Right Society Ltd. and Another Vs. Entertainment ...

Court : Mumbai

Subject : Arbitration

India from time to time. The original respondent is a Copyright Society registered under Section 33 of the Copyright Act, 1957 and is a non-profit making body established on 23rd August 1969 to monitor, protect and enforce the rights, … registration of any copyright work nor there is any mechanism, statutory or otherwise, set up for the same. 71. In his alternate submission learned senior counsel for the claimants submits that even if the issue is treated

Lahari Recording Company Private Limited, Bangalore Vs. Sourabh Market ...

Court : Karnataka

Subject : CommercialIntellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 7, Rule 11; Copy Right Act, 1957 - Sections 1 to 6, 9 to 12, 13 to 21, 13(1 and 7), 19-A, 19-A(2), 22 to 29, 30 to 32-B, 33 to 36-A, 37 to 39-A, 44 to 50-A, 51 to 53-A, 53-A(3), 54 to 62, 71 to 73, 72(2) and 74 to 79; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 10, 14 to 16 and 30; Indian Copyright Act, 1914; Copyright Act, 1911; Code of Criminal Procedure (CrPC) , 1973 - Sections 345 and 346; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Indian Contract Act, 1872

Reported in : ILR2000KAR5057; 2001(4)KarLJ78

and the jurisdiction of the Court below to try the same is barred by the provisions of the Copyright Act, 1957 ('the Act' in short).2-A. Order VII, Rule 11 of the CPC contemplates rejection of plaint on certain grounds. … Copyright Board, as also regarding procedure for appeals are provided by Sections 71 to 73 of Chapter XIV. Sections 74 to 79 of Chapter XV … 8125 of 1998 rejecting defendant's application i.e., I.A. No. I, filed under Order 7, Rule 11(d) read with Section 151 of the Code of Civil Procedure ('CPC' in short) with costs is called in question in this