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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. … Singhvi urged that, in any event, any decision in respect of the above provisions would be appealable under Section 72 of the Copyright Act. Dr. Singhvi urged that the powers now vested in the Copyright Board were, in

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

Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 14, 17, 44, 45, 50, 51, 55, 62 and 72; Code of Civil Procedure (CPC), 1908 - Sections 26 - Order 7, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 21, 27, 81, 105 and 106; Trade and Merchandise Marks Rules, 1959; Specific Relief Act, 1963 - Sections 41(1)

Reported in : 2001(4)ALD723

infringement of copyright before the civil Court but have to initiate the proceedings under Section 50 of the Copyright Act, 1957 for rectification of the copyright. It is alleged that the learned single Judge overlooked the legal position that … single Judge proceeded to examine the provisions under Sections 2, 13, 14, 44, 45, 50, 51, 55 and 72 of the Copyright Act and also referred to various decisions. The learned single Judge tracing the principles laid

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 … relied upon the Division Bench judgment of this Court dated 13 th April 2004 considering three appeals under Section 72 of the Act from the order of the Copyright Board, one being the case of Phonographic Performance Ltd.

Zahir Ahmed Vs. Azam Khan

Court : Kolkata

Subject : Criminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 14, 17, 44, 45, 51, 55, 72, 73, 74, 78 and 79; ;Copyright Act, 1957 - Sections 13, 14, 16, 17, 27, 44, 45, 48, 53A and 63; ;Partnership Act - Section 69; ;Copyright Rules, 1958 - Rules 16, 17 and 27; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; ;Indian Penal Code (IPC), 1860 - Sections 156(3), 415, 420 and 511

Reported in : 1996CriLJ290

under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 63 of the Copyright Act, 1957, read with Section 420 of the Indian Penal Code, and had prayed before him (learned Magistrate) for directing … in revision.24. Realising the difficulty somewhat tardily, the learned Advocate for the petitioner, referring to Sections 44, 45, 72, 73 and 74 of the Act, read with Rules 16, 17 and 27 of the Copyright Rules, 1958

Associated Electronic and Electrical Industries (Bangalore) Pvt. Ltd. ...

Court : Karnataka

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 14, 17 to 21, 22 to29, 30 to 32, 44 to 50, 51 to 53 and 72(2)

Reported in : AIR1991Kant406; ILR1991KAR1916; 1991(1)KarLJ482

ORDERKedambady Jagannatha Shetty, J. 1. This miscelleneous appeal is filed under S. 72(2) of the Copyright Act, 1957 ('Act' for short) against the order dt. 6-8-1981 made by the Copy Right Board, Bangalore, (to be hereinafter … work possesses artistic quality; (ii) an architectural work of art; and (iii) any other work of artistic craftsmanship. Section 2(d) defines 'Author'. It means :(i) in relation to a literary or dramatic work, the author of the

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 … aggrieved (Section 50);(j) To hear appeals from any decision or whatever the decision of the Registrar of Copyright [Section 72].(v) Section 31 of the Act must be given its literal meaning, which would mean that the Board can

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 … XI deals with infringement of Copyright. Chapter XIII deals with offences and Chapter XIV provides for Appeals.As per Section 72, any person aggrieved by any final decision or order of the Register of Copyrights may, within three months

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner to commence and carry on the … respondent No.2 has granted 15 licences in question pursuant to order dated 25.08.2010, which are not appealable under Section 72 of the said Act. The order passed by the respondent No.2 becomes appealable only when the said respondent

Devendra Somabhai Naik Vs. Accurate Transheet Pvt. Ltd.

Court : Gujarat

Subject : Limitation

Acts : Limitation Act, 1963 - Schedule - Article 137; Copyright Act, 1957 - Sections 50

Reported in : AIR2003Guj141

Appeal is taken up for final disposal.2. The present First Appeal is filed under Section 72 of the Copyright Act, 1957 challenging the order passed by the Copyright Board dated 7th September, 2001, whereby it is held that Article