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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 … 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 … unless the Government, by notification in the Gazette otherwise direct.' 11. The words 'objectionable performance' is defined in Section 2(1) of the Act. which is as follows :(1) 'objectionable performance' means any play, pantomime or other drama which

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 … 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. … of Films on Television Screen through Video Cassette Recorder(Regulation) Rules, 1984.2. On 27-12-1988 at about 11.00 P.M., the Circle Inspector of Police, Davanagere, found, on

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 … U.S. 562 (1977) Zacchini v. Scripps-Howard Broadcasting Co. No. 76-577 Argued April 25, 1977 Decided June 28, 1977 433 U.S. 562 CERTIORARI TO THE SUPREME

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

Court : Supreme Court of India

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 … 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 … 1992 was enacted to provide for levy of tax upon entertainments. Section 2(4) defines the expression 'entertainment'. It includes any exhibition, performance, amusement, game or

California Vs. Larue

Court : US Supreme Court

Subject : Service Tax

could not be classified as obscene or lacking a communicative element. Held: In the context not of censoring dramatic performances in a theater, but of licensing bars and nightclubs to sell liquor by the drink, the States have … 400 U. S. 433 (1971); Hornsby v. Allen, 326 F.2d 605 (CA5 1964). I am at a loss to understand why the Twenty-first Amendment should … ruling, until and unless the generalized provisions of the rules were given particularized meaning. [ Footnote 2/1 ] Section 2 of the Twenty-first Amendment reads as follows: "The transportation or importation into any State, Territory, or possession of … presented in bars and nightclubs that it licensed. Appellees then brought this action in the United States District Court for the Central District of California

Texaco, Inc. Vs. Hasbrouck

Court : US Supreme Court

Subject : MRTP

Gull, Dompier received an additional discount from Texaco for the deliveries. Texaco executives were well aware of Dompier's dramatic growth, and attributed it to the magnitude of the discounts. During the relevant period, the stations supplied by … on its role in the supplier's distributive system and reflect, at least in a generalized sense, the services performed by the purchaser for the supplier -- did not adversely affect competition within the meaning of the Act. … in their capacities as wholesalers, did not compete directly with Hasbrouck, a section 2(a) violation may occur if (1) the discount they received was not

R.G. Anand Vs. Delux Films and ors.

Court : Supreme Court of India

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1911 - Sections 1(2) and 2; Copyright (Amendment) Act, 1956 - Sections 2; Constitution of India - Articles 418 and 420

Reported in : AIR1978SC1613; (1978)4SCC118; [1979]1SCR218; MANU/SC/0256/1978

no wrong is done and no action can be brought. It is not, perhaps, exactly the same with dramatic performances. They are not intended to be repeated by others or to be used in such a way as … on the old law passed by the British Parliament, namely, the Copy Right Act of 1911. Section 1 Sub-section (2)(d) defines 'copy-right' thus :(2) For the purposes of this Act, copy-right' means the sole right to produce or

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 … 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 … as inserted by Karnataka Entertainments Tax Amendment Act, (994 (Karnataka Act No. 25 of 1994) with effect from 27th of September, 1994. By the insertion

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, … terrorist shall be punishable with imprisonment for a term which shall not be less than five years but Section 2 (1) (i) of the TADA which reads thus:-  Words and expressions used but not defined in this Act … 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

Akuate Internet Services Pvt. Ltd. and anr. Vs. Star India Pvt. Ltd. a ...

Court : Delhi

Subject : MRTP

Section 16. In doing so, it was held that Section 16 applies to work, which is defined under Section 2(y) of the Act as (i) a literary, dramatic, musical, or artistic work; (ii) a cinematograph film; (iii) a … provisions of the statute which apply to copyright would also apply, mutatis mutandis to the neighbouring rights (eg. Performers rights, Broadcasting reproduction rights). Section 16 is not enumerated under Section 39A of the Act. Under the Copyright