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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 … enacted the Act which came into 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, there shall be levied and collected by

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 … films for public exhibition for which purpose a Board of Films-Censors, is constituted by the Central Government under Section 3 of the Act. The law made by the Parliament in this Part (Part-II) applies to the entire Country

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 … publicity value of his performance," nevertheless, relying on Time, Inc. v. Hill, 385 U. S. 374 , rendered judgment for respondent on the ground that

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 … art which should be encouraged; but the sole question in making the order under Section 4 or under Section 3, as the case may be, is one of consideration of public order, tranquillity and harmony in society.'13. Therefore

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 … type of entertainment that might be 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 under the provisions of 28 U.S.C. … portion of his or her genitals or anus'; and, by a companion section," "(e) The displaying of films or pictures depicting acts a live performance … solution unreasonable. Pp. 409 U. S. 114 -119. 326 F.Supp. 348, reversed. REHNQUIST, J., delivered the opinion

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 … play narrated to him by the plaintiff dishonestly imitated the same in his film and thus committed an act of piracy so as to result in violation of the copy-right of the plaintiff. The plaintiff accordingly filed … 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 … making a film on it. The plaintiff, however, by his letter dated 30th November, 1954 informed the defendant that as the play had been selected

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 … entertainments in so far as cinematograph shows in Cinema halts are concerned went out of the purview of Section 3 of the Karnataka Entertainments Tax Act, 1958 and ceased to be governed by what is known as 'admission

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 … expression 'entertainment'. It includes any exhibition, performance, amusement, game or sport to which persons are admitted on payment. Section 3 is the charging section. It provides that there shall be charged, levied and paid to the State Government, … 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)

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, … person who is a member of a terrorists  gang or a terrorists  organization, which is Sub-section (4) of Section 3 of TADA reads thus:  whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be … 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 … Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies (Acquisition and Transfer of Undertakings) Act 22 of 1969 which replaced the Ordinance with certain modifications impair his rights guaranteed under Articles 14, 19 … consolidate and amend the law relating to certain matters concerning banking. By Section 5(b) of that Act, 'banking' was defined as meaning 'the accepting, for … with certain modifications impair his rights guaranteed under Articles 14, 19 and 31 of the Constitution, and are on that account invalid.2. In India there