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Manohar Bondade Vs. District Magistrate

Court : Karnataka

Subject : Commercial

Acts : Video Casette Recorder (Regulation) Rules, 1984 - Rules 4(7), 7 and 9; Karnataka Cinemas (Regulation) Act, 1964 - Sections 16 and 17; Karnataka Cinemas (Regulation) Rules

Reported in : ILR1989KAR2232; 1989(2)KarLJ499

powers to make laws. The relevant Entry-33 of List II (State List) reads as follows:-'Entry 33. Theatres, and dramatic performances; cinemas subject to the provisions of Entry 60 of List I; sports, entertainments and amusements. '28. Under Entry … Section 16 of the Karnataka Cinemas (Regulations) Act, 1964 or under Section 12 or compounded an offence under Section 13 of the Karnataka - Entertainments Tax Act. On the facts of the case, his Lordship held that in … in support of this argument on the provisions of Sections 16 and 17 of the Karnataka Cinemas (Regulation) Act, 1964. ('the Act').5. Sri Kamath has strenuously contended that the District Magistrate has no power to revoke or suspend

T. Parameswaran Vs. the District Collector, Ernakulam and ors.

Court : Kerala

Subject : Constitution

Acts : Kerala Dramatic Performances Act, 1961 - Sections 2(1), 3 and 4; Indian Penal Code (IPC), 1860 - Sections 295 and 295A; Constitution of India - Article 19(1)

Reported in : AIR1988Ker175

John Mathew, J. 1. This is an appeal filed under Section 10 of the Kerala Dramatic Performances Act, 1961, hereinafter referred to as the Act. The District Collector, Ernakulam who is the first respondent herein, passed … the procedure prescribed in that section as well as in R. 3 of the Kerala Dramatic Performance Rules 1964.14. Learned counsel on either side addressed elaborate arguments on the interpretation of the words 'Objectionable performance' and also … judgment in P, M. Antony v. District Collector (1987) 1 Ker LT 132 upheld the said order of the District Collector, Ernakulam prohibiting the staging

Zacchini Vs. Scripps-howard Broadcasting Co.

Court : US Supreme Court

Subject : Land Acquisition

petitioner for broadcasting his act on television than it would privilege respondent to film and broadcast a copyrighted dramatic work without liability to the copyright owner, or to film or broadcast a prize fight or a baseball … of his talents." [ Footnote 4 ] This right of "exclusive control over the publicity given to his performances" was said to be such a "valuable part of the benefit which may be attained by his talents … Ohio St.2d at 235, 351 N.E.2d at 461. [ Footnote 6 ] Section 51 of the New York Civil Rights Law (McKinney 1976) provides an … [as] a secondary consideration,' United States v. Paramount Pictures, 334 U. S. 131 , 334 U. S. 158 (1948), but they were 'intended definitely to

Karnataka Film Industry Development Corporation Ltd. Vs. State of Karn ...

Court : Karnataka

Subject : Other Taxes

Acts : Karnataka Entertainments Tax Act, 1958 - Sections 2, 3B, 4A and 5; Constitution of India - Article 14; Karnataka Cinemas (Regulation) Act, 1964; Mysore Cinematograph Shows Act, 1959; Mysore Amusements Tax Act, 1932; Government of India Act; Laws Amendment Act, 1982; Tamil Nadu Act, 1989

Reported in : AIR1995Kant397; ILR1995KAR1758; 1995(39)KarLJ431

attention to entry-33 of List-11 of the Seventh Schedule to the Constitution which runs as follows: 'Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements'. He contends that … show if all the seats or accommodation as determined by the licensing authority under the Karnataka Cinemas (Regulation) Act, 1964, in respect of the place of entertainment are occupied and collected at the maximum rate of payment for … collected depending upon the number of viewers admitted to a Cinematograph show. 13. On behalf of the petitioners it was strenuously urged that the tax … bunch of petitions the petitioners call in question the constitutional validity of Sections 3B and 4A of the Karnataka Entertainments Tax Act, 1958 hereinafter referred

Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Copyright Act, 1957 - Sections 2, 13, 13(1), 13(2), 13(3), 14, 14(1), 16F, 16F(4), 17, 51, 52 and 52(1); Uttar Pradesh Copyright (Amendment) Act, 1975; Constitution of India - Articles 10, 15, 15(4), 16(4), 29, 226, 338(3), 340(1), 341 and 342; Terrorist and Disruptive Activities (Prevention) Act - Sections 2, 2(1) and 3(4); Indian Penal Code (IPC) - Sections 2 and 201; Central Excise Tariff Act, 1985; Indian Soldiers (Litigation) Act, 1925; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 147; Surtax Act, 1964 - Sections 8; Central Excise Act, 1944 - Sections 11B, 11D, 11E, 12A, 12B, 12C and 12D; Copyright (Amendment) Act, 1983; Copyright (Amendment) Act, 1984; Copyright (Amendment) Act, 1994; Copyright Act, 1842

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

 (y) "work" means any of the following works, namely:- (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) a sound recording; … of the I.T. Act, 1922, s. 147 of the I.T. Act, 1961, and s. 8 of the Surtax Act, 1964, the reopening of an assessment can only be for the benefit of the Revenue subject to one exception, … the raw text and it constitutes an `original literary work  of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as  the Act ) and thus the appellants alone have … work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Banking

Acts : Banking Companies (Acquisition and Transfer of Undertaking) Act, 1969 - Sections 4, 5 and 15(2); Banking Companies (Acquisition and Transfer of Undertaking) Ordinance, 1969; Banking Regulation Act, 1949 - Sections 5, 6(1), 22 and 27; Constitution of India - Articles 14, 19, 19(1), 31 and 31(2)

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530; 1970 INSC 18; MANU/SC/0011/1970

26 'Trade and commerce'; Entry 30 'Money-lending and money-lenders'; Entry 31 'Inns and Inn-keeping'; Entry 33 'Theatres and dramatic performances, cinemas etc.'. We are unable to accede to the argument that the State Legislature are competent to legislate … of the corresponding new bank. The custodian is to hold office during the pleasure of the Central Government. Section 13 of the Act provides power of the Central Government to make scheme. Section 15 is an important provision

Jahar Roy (Dead) Through L.Rs. and anr. Vs. Premji Bhimji Mansata and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 1; Indian Contract Act, 1872 - Sections 45

Reported in : AIR1977SC2439; (1977)4SCC562; [1978]1SCR770; 1978(10)LC19(SC)

its exclusive use and enjoyment. The trial judge granted a permanent injunction restraining the defendants from exhibiting any dramatic performances or any performance in the theatre, or from using it. He allowed the plaintiff compensation and damages at … witness on behalf of the defendants. In his judgment dated July 14/15, 1964, the trial judge found all the issues in favour of the plaintiff … by the High Court under Article 133(1) of the Constitution as it stood before the Constitution (Thirtieth Amendment) Act, 1972. Jahar Roy, defendant No. 1, died a day after the commencement of the hearing of this appeal. … was not maintainable by one partner and it was also barred under Section 42 of the Specific Relief Act.6. A number of issues were framed … certificate granted by the High Court under Article 133(1) of the Constitution as it stood before the

Mumbai Grahak Panchayat Vs. State of Maharashtra

Court : Mumbai

Subject : Civil

Reported in : (1983)85BOMLR218

was pointed out that the words 'entertainments' and 'amusements' in entry 62 are wide enough to include theatres, dramatic performances, cinemas, sports and the like. The argument there was that there is a conflict between entry 62, list … validity of the Kerala Luxury Tax on Tobacco (Validation) Act (9 of 1964). that was a legislation enacted in exercise of legislative power under entry … Minister in the Maharashtra Legislative Assembly on March 13, 1982 in which it was represented that there … raise a question about the validity of the Maharashtra Luxury-cum-Entertainment and Amusement Tax on Holders of Television Sets Act, 1982 (hereinafter referred to as 'the Act').2. Writ petition No. 1454 of 1982 is filed by the Mumbai … force on 1st July 1982. The charging provision in the Act is Section 3 which reads as follows:Subject to the other provisions of this Act,

Rasdeep Touring Talkies Vs. District Magistrate and anr.

Court : Punjab and Haryana

Subject : Civil

Acts : Punjab Cinemas (Regulation) Act, 1952 - Sections 9; Punjab Cinemas (Regulation) Rules, 1952 - Rule 3; Constitution of India - Article 19(1) and 19(6)

Reported in : AIR1967P& H219

of Entry 60 of List I' is included in Entry 33 of List II State List. 'Theatres and dramatic performances' are also included in Entry 33 of List II in the Seventh Schedule of the Constitution.The various State … of an application for the grant of a licence. Rules 9 to 13 deal with inspections and Rules 14 to 16 deal with alterations and … Cinemas (Regulation) Rules, 1952, hereinafter called the Punjab Rules, framed under Section 9 of the Punjab Cinemus (Regulation) Act, 1952 (Punjab Act 11 of 1952), hereinafter referred to as the Punjab Act Before dealing with the abovesaid … licences under the Punjab Rules for various places for different periods during 1964-65.3. Solar eclipse fair is held at Kurukshetra in Karnal District after about

Sony Corp. Vs. Universal City Studios

Court : US Supreme Court

Subject : Land Acquisition

the Court, explained: "The defendant not only expected but invoked by advertisement the use of its films for dramatic reproduction Page 464 U. S. 436 of the story. That was the most conspicuous purpose for which they … ] No issue concerning the transfer of tapes to other persons, the use of home-recorded tapes for public performances, or the copying of programs transmitted on pay or cable television systems was raised. See id. at 432-433, … in the first copyright revision bills, drafted by the Copyright Office in 1964. Page 464 U. S. 467 These bills, like the 1976 Act, granted … television programs that are broadcast on the public airwaves. Respondents brought an action against petitioners in Federal District Court, alleging that VTR consumers had been … Act is prefaced by the words "subject to sections 107 through 118." Those sections describe a variety … States v. Paramount Pictures, Inc., 334 U. S. 131 , 334 U. S. 158 (1948). As the