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Sep 30 2016

The Indian Singers Rights Association Vs. Night Fever Club and Lounge

Court : Delhi

Decided on : Sep-30-2016

Subject : Right to Information

is the first copyright Society to be registered by the Central Government on June 14, 2013, after the Copyright (Amendment) Act, 2012 came into force on June 21, 2012 for protection of Performer sRights described under Section 38 of the … Order XXXIX Rule 1 and 2 CPC being I.A. 25817/2014 which was considered by this Court on December 23, 2014 when this Court had restrained the defendant from communicating to the public the plaintiff s repertoire comprising

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Jan 11 2019

Novex Communication Pvt. Ltd. Vs.lemon Tree Hotels Ltd. & Anr.

Court : Delhi

Decided on : Jan-11-2019

Subject : Land Acquisition

to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … 617 of the Companies Act, 1956 (1 of 1956);or (iii) a body corporate established by or under any Central, Provincial or State Act; (e) in the case of a work to which the provisions of section 41 … but the musical notes and notations which represent a RFA No.18/2019 Page 23 of 33 particular sound and not the sound itself. It is when

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Mar 02 2021

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Decided on : Mar-02-2021

Subject : Direct Taxation

submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not … the Income Tax Act, found that what was in fact transferred in the transaction between the parties was copyright which attracted the payment of royalty and thus, it was required that tax be deducted at source by … section 9(1)(vi). Further, he referred to Circular No.10/2002 dated 09.10.2002 by the Central Board of Direct Taxes [“CBDT”]. in which “remittance for royalties” and “remittance … APPEAL No.2305 OF2013CIVIL APPEAL No.2306 OF2013CIVIL APPEAL NOS. 10098-10102 OF2013CIVIL APPEAL NOS. 2307-2308 OF2013CIVIL APPEAL NOS. 4666-4667 OF2013CIVIL APPEAL No.6764 OF2013CIVIL APPEAL No.4634 OF2014CIVIL APPEAL

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Aug 07 2015

Super Cassettes Industries Ltd. and Another Vs. Union of India

Court : Delhi

Decided on : Aug-07-2015

Subject : Education

2959/2013 are filed questioning the vires of the provisions of the Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 2012, (Act No.27 of 2012), namely, Section 11, Section 31(1)(b) and Section 31D as well as Rules 3(2), 7, … the Copyright Act. By order dated 25.02.2015, the High Court of Calcutta passed an interim order directing the Central Government to give at least 10 daysnotice to the petitioners therein of the constitution of the Copyright Board … G. Rohini, CJ. CM.No.6353/2015 (u/O 23 Rule 1(3) of CPC in WP(C) No. 2316/2013 CM.No.6352/2015 (u/O 23 Rule

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Nov 07 2013

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

Decided on : Nov-07-2013

Subject : Direct Taxation

Section 44BB; transfer of all or any rights including the granting of a licence in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with television or tapes … of the Income Tax Act. He held that by reason of the amendment to Section 9(1) with effect from 01.04.1976, under Finance Act 2010, the … Faced with the decisions of the Authority for Advance Ruling, Explanations 4 and 5 were inserted under Finance Act, 2012, with effect from 01.06.1976. Under Explanation 5, the Legislature sought to clarify the definition of 'royalty' to include … evolved by enacting Section 90 of the Income Tax Act enabling the Central Government to enter into agreements with the Government of any country outside … Case (Appeal) Nos.147 to 149 of 2011 and 230 of 2012 & connected Miscellaneous Petitions Verizon Communications

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Jun 26 2013

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

effect to the said circular.2. When service tax was levied on ".intellectual property services". with effect from 10.9.2004, copyright was specifically excluded from the definition of intellectual property rights. Normally, a producer of a movie sells the … No.148/17/2011-ST alone becomes otiose and in this context the impugned circular is liable to be quashed.46. The Finance Act, 2012 has completely revamped the service tax regime. Under the new service tax regime, as per Section 66D, all … its Managing Director, Surya Rajkumar. .. Petitioner vs. 1.The Chief Commissioner of Central Excise, Uthamar Gandhi Salai, Chennai-600 034. 2.The Under Secretary, (Tax Research Unit), … ".licensing of copyrights". was brought within the service tax net by making amendments to the definition of taxable service under Clause (105) of Section 65 … Board of Excise and Customs bearing F.No.137/186/2007-CX.4 dated 23.2.2009, it was clarified that the screening of a

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Jun 26 2013

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

generated from ".temporary transfer or permitting the use or enjoyment". of, any copyright as defined in the Copyright Act, 1957(14 of 1957) except the rights … attention to the brief history of levy of tax on films and historical background of the Constitution 46th Amendment Act, 1982 inserting Clause (29A) to Article 366 of the Constitution to impose tax on the transfer of right … proposed to exempt the Industry from service tax on Copyrights relating to recording of Cinematograph films. The Finance Act, 2012 introduced Section 66B as the new Charging Section with effect from 1.7.2012 for the levy of service tax … Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001. 2.The Central Board of Excise and Customs, North Block, New Delhi-110 001. 3.The Commissioner … 482, 483, 1361, 7887, 17245, 28040 of 2011 231, 832, 2138, 2947, 3144, 4904, 5777, 5900, 5902,

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Oct 30 2018

Star India Private Limited Vs. Department of Industrial Policy and Pro ...

Court : Supreme Court of India

Decided on : Oct-30-2018

Subject : MRTP

to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … as a result of which the TRAI Act was extended to broadcasting services which were undefined. By a Central Government notification dated 9.1.2004, the TRAI Act was expressly extended to broadcasting services, and certain functions were allocated … The scope of the amendments made in the year 2012 along with Section 37 was correctly dealt with. This Court is of the view that … and to prevent the invasion of the electronic media their rights. Since 23 involves the use of the airwaves, this factor creates an in-built restriction

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Apr 10 2019

Utv Software Communications Ltd. & Ors vs.thepiratebay.org and Ors

Court : Delhi

Decided on : Apr-10-2019

Subject : Intellectual Property

portion of CS (COMM) 724/2017 & Ors. Page 57 of 99 Statement of Objects and Reasons of the Copyright (Amendment) Act, 1994, is reproduced hereinbelow:-"for ―Effective copyright protection promotes and rewards human creativity and is, in modern society, an … or Emergence of the Rule of National Copyright Law" (working paper No.13, Transatlantic Technology Law Forum (TTLF), Stanford 2012), http://law.stanford.edu/wp-content/uploads/sites/default/files/publication/203758/doc/ slspublic/feiler_wp13.pdf.). Many ISPs and Internet backbone operators already use this process for security reasons (to fight malware) … address as does every destination on the Internet. Since ISPs act as central clearing houses for users‟ access to the Internet, they can modify their … 16, 58, and 59), the Enforcement Directive (Recital 23, Artt. 3 and11) and Art.12.3 of the E-Commerce … been provided to the plaintiffs via a cloud link in conformity with Section 65B of the Indian Evidence Act, 1872. The investigator in his affidavit

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Apr 10 2019

Utv Software Communications Ltd. & Ors vs.torrentmovies.co & O ...

Court : Delhi

Decided on : Apr-10-2019

Subject : Intellectual Property

portion of CS (COMM) 724/2017 & Ors. Page 57 of 99 Statement of Objects and Reasons of the Copyright (Amendment) Act, 1994, is reproduced hereinbelow:-"for ―Effective copyright protection promotes and rewards human creativity and is, in modern society, an … or Emergence of the Rule of National Copyright Law" (working paper No.13, Transatlantic Technology Law Forum (TTLF), Stanford 2012), http://law.stanford.edu/wp-content/uploads/sites/default/files/publication/203758/doc/ slspublic/feiler_wp13.pdf.). Many ISPs and Internet backbone operators already use this process for security reasons (to fight malware) … address as does every destination on the Internet. Since ISPs act as central clearing houses for users‟ access to the Internet, they can modify their … 16, 58, and 59), the Enforcement Directive (Recital 23, Artt. 3 and11) and Art.12.3 of the E-Commerce … been provided to the plaintiffs via a cloud link in conformity with Section 65B of the Indian Evidence Act, 1872. The investigator in his affidavit

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