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The Gramophone Company of India Ltd Vs Super Cassette Industries Ltd.

Court : Delhi

Subject : Copyright Act

Acts : Copyright Act, 1957 - Sections 52(1)(j), 52A, 52(1)(j)(ii)

founded on the plain language of Section 52(1)(j) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958 (The Rules) as amended. Ld. counsel for the Defendant submits that the following conditions need only be fulfilled … cited at the Bar is Gramophone Co. of India vs. Super Cassettes Industries Ltd., 1996 PTC (16) Page 252 (hereinafter referred to as "Gramophone I"). The said decision rendered by a learned Single Judge of this Court

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

power to make rules. The Central Government in exercise of the said power framed rules known as 'The Copyright Rules, 1958' (for short 'the Rules').. Chapter V of the Rules deals with the provisions relating to Cooperative Societies. Relevant … 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 … hours = 60% of standard rate. For 8 lean (night) hours = 25% of standard rate and respondents also directed to furnish a security/bank guarantee

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

Court : Delhi

Subject : Land Acquisition

the Copyright Board on payment of such fee as may be prescribed. Rule 26 sub-clause (1) of the Copyright Rules, 1958, provides that all the fees payable under the said Act shall be as specified under the Second Schedule. … this common judgment.4. The 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 … of the said Act read with order of the Copyright Board dated 25.08.2010, whereby respondent No.2 was directed to issue compulsory licences to respondent No.3

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

Subject : Societies Registration

Acts : Societies Registration Act, 1860; Copyright Act, 1957 - Sections 33, 31, 36, 35, 18; Constitution of India - Articles 14, 19(1)(g); Copyright Rules, 1958 - Rule 14H

commercially exploited. Copyright societies collect royalties after deduction of administrative expenses as prescribed under Rule 14H of the Copyright Rules, 1958 (CR Rules) which are distributed amongst the members of the copyright societies in proportion to the actual use … played or performed. 3. Respondent No. 1 has registered PPL and IPRSL as copyright societies in terms of Section 33 of the Copyright Act, 1957 (CR Act). While PPL is registered as a copyright society for sound … 25.05.2011 Introduction 1. The prayer in this writ petition is for a direction

Raj Kumar Saraf, Proprietor M/S. Bindal Food Produ Vs. M/S. Vaidya Nan ...

Court : Delhi

Subject : Intellectual Property

obligatory upon the respondent to give a notice to the petitioner in terms of rule 16(3) of the Copyright Rules, 1958 while making an application to the Registrar for registration. Petitioner has claimed that the proprietors on both the … may be briefly delineated as follows.3. The Respondent - Vaidya Nandram Gigraj Chamaria had filed an application under Section 50 of the Copyright Act, 1957 before the Copyright Board for expunging/deleting the registration of the artistic work … of the Appellant firm, i.e., M/s. Bindal Food Products. On or about 25th day of December, 2004, the Respondent filed the rectification petition under Section

M. Suhramaniam Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1992)42ITD676(Mad.)

are reasonably necessary for the adaptation of the work to the records in question; Rule 21 of the Copyright Rules, 1958 provides for issuing 15 days notice and paying the owner of the copyright, along with the notice, the … 1. These appeals relate to the question whether the provisions of Section 35A of the Income-tax Act, 1961 were rightly invoked in computing the income of the assessee for the

Union of India and ors. Vs. Malhotra Book Depot

Court : Delhi

Subject : Education

the respondents case O-3 Notice had not been issued as provided for in Rule 67; (b). that under Section 25 of The Trade and Merchandise Marks Act, 1958 (the Act) (which was applicable in the year 1984 when … support of law made by a competent legislature, is confined not to land alone, but includes intangibles like copyrights and other intellectual property and embraces every possible interest recognised by law. In Thukral Mechanical Works (supra) also … the statutory Notice in Form O-3 under the Trade and Merchandise Marks Rules, 1959 (the Rules) (which were applicable at the relevant time) informing the

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

said trademarks, and challenging the said registration on several grounds such as non-compliance with Rule 16 of the Copyright Rules, 1958, lack of originality in the artistic works of Midas, the lack of proper assignment between Midas and its … S. Ravindra Bhat, J. 1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the order of the Learned Copyright Board (hereinafter the Board ?) … in Bharat Glass Tube v Gopal Glass Works Ltd AIR 2008 SC 2520. The Court held as follows: The purpose of the Designs Act is

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 25C, 55, 55(1), 62, 62(1) and 62(2); Trade Marks Act, 1958 - Sections 27(2), 55, 106 and 106(2); Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1999 - Sections 134, 134(2), 135 and 135(1); Copyright Act; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 94 - Order 2, Rules 2 and 3 - Order 7, Rules 7 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

was alleged that the said carton constituted an `artistic work' within the meaning of Section 25-C of the Copyright Act, 1957 (the 1957 Act). Respondent is said to have been using an identical colour scheme lay out, … consolidated suit under the 1957 Act as also the Trade Marks Act, 1958 (for short `the 1958 Act'), as would be evident from the following … as a composite suit - Costs imposed - Appeal dismissed - CODE OF CIVIL PROCEDURE, 1908. Order 2, Rules 2 & 3: [S.B.Sinha &Lokeshwar Singh Panta, JJ] Joinder of causes of action Provisions of Order 2 Rule

Najma Heptulla Vs. Orient Longman Ltd. and ors.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Order 39, Rule 1; Copyright Act, 1957 - Sections 17

Reported in : AIR1989Delhi63; 1988(2)ARBLR302(Delhi); 1989(1)Crimes597; 36(1988)DLT31; 1988(15)DRJ223

Before the book could be published, Maulana Azad died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives … died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives … by Nooruddin was that, during his life time, Maulana Azad had made the oral gift of all the copyrights of his published and unpublished works and writings in his favor exclusively. This claim was disputed by Mohd. … B.N. Kirpal, J. (1) This order will dispose of the plaintiff's application under Order 39 Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which … has been defined, not that the definition is of any assistance, in Section 2Cd) as meaning 'in relation to a literary or dramatic work, the