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Apr 21 1989

Manohar Bondade Vs. District Magistrate

Court : Karnataka

Decided on : Apr-21-1989

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 … 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 … Reliance is placed in support of this argument on the provisions of Sections 16 and 17 of the Karnataka Cinemas (Regulation) Act, 1964. ('the Act').5. … the licence was sustainable in law since the petitioner had violated Clause 15 of the conditions of licence.10. His Lordship (KSP J) on an examination

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Dec 17 1987

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

Court : Kerala

Decided on : Dec-17-1987

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 … couched in restrained language, cannot amount to an offence either under Section 153A or under Section 195A of the Penal Code. And criticism of the

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Feb 09 1995

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

Court : Karnataka

Decided on : Feb-09-1995

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 … 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 … a local Authority, town or village having a population of more than 15,000, and a levy of entertainment-tax at one-half of the rate in respect

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Dec 12 2007

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

Court : Supreme Court of India

Decided on : Dec-12-2007

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

including computer databases; xxx xxx xxx  (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;  13. Works in which copyright subsists. … 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, … 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 … 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 … of Bombay. AIR 1939 FC 43: 1939 FCR 159 AIR 1948 PC 82: 75 IA 30 AIR

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Dec 04 1992

State of West Bengal and anr. Vs. Rash Behari Sarkar and anr.

Court : Supreme Court of India

Decided on : Dec-04-1992

Subject : Other Taxes

Acts : Constitution of India - Article 14

Reported in : JT1993(1)SC1; 1992(3)SCALE306; (1993)1SCC479; [1992]Supp3SCR351

consent of the parties and allowed the same. The reasoning of the Division Bench, condensed by me runs thus:Dramatic performances for social, educational or scientific purposes form a class by themselves; if so, further classification among that class … entertainment tax was chargeable and leviable where the admission fee exceeded Rs. 15/-. These notifications were amended twice in March and October 1979 reducing the … the Government of West Bengal, in exercise of power conferred under Section 8 of the Bengal Amusement Tax Act, 1922 (Bengal Act V of 1922) (hereinafter referred to as the Act) as amended in 1981, exempting any

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Sep 15 2014

Photoquip India Limited Vs. Delhi Photo Store and Another

Court : Mumbai

Decided on : Sep-15-2014

Subject : Service Tax

copyright shall subsist throughout India in the following classes of works, that is to say,— (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording, (2) Copyright shall not subsist in any … The defence on affidavit is that the Plaintiff is not ntitled to protection because of the provisions of Section 15(2) of the Copyright Act: 15. Special provision regarding copyright in designs registered or capable of being registered under … 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

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Jan 21 1983

Mumbai Grahak Panchayat Vs. State of Maharashtra

Court : Mumbai

Decided on : Jan-21-1983

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 … & 15: [Swatanter Kumar, C.J., A.P. Lavande & Smt. Vasanti A. Naik, JJ] Powers of Police Patil Held, Section 15 clearly states the varied powers that are vested in the Police Patil. He is vested with the power … 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

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Apr 26 1994

Rivers Vs. Roadway Express, Inc.

Court : US Supreme Court

Decided on : Apr-26-1994

Subject : Land Acquisition

C. § 185(a), and Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et … had insisted on the same procedural protections afforded white employees. On June 15, 1989, before the trial commenced, this Court announced its decision in Patterson … was intended to "respond to the Supreme Court's recent decisions by restoring the civil rights protections that were dramatically limited by those decisions," S. 2104, § 2(b)(1) (emphasis added), and the section responding to Patterson was entitled … Rights Act of 1866, Rev. Stat. § 1977, 42 U. S. C. § 1981, to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual

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Jan 17 1984

Sony Corp. Vs. Universal City Studios

Court : US Supreme Court

Decided on : Jan-17-1984

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 … 334 U. S. 131 , 334 U. S. 158 (1948). As the text of the Constitution makes

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Jul 02 1979

Columbus Bd. of Educ. Vs. Penick

Court : US Supreme Court

Decided on : Jul-02-1979

Subject : Education

progressed from kindergarten through high school, school systems have changed. Dayton and Columbus are both examples of the dramatic growth and change in urban school districts. [ Footnote 2/5 ] It is unrealistic Page 443 U. S. … of the Columbus defendants' predecessors. They were almost completely segregated in 1954, 1964, 1974 and today. Nothing has occurred to substantially alleviate that continuity of … school system." 402 U.S. at 402 U. S. 15 -16. In Swann, it should be recalled, an … local conditions and the possible need for further hearings, the courts which originally heard these cases can best perform this judicial appraisal." Brown II , 349 U.S. at 349 U. S. 299 . [ Footnote 2/3 ] … UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus This class action was brought in 1973 by students in the Columbus, Ohio, school system,

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