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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 … 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 … to be exhibited any film other than the film certified for public exhibition by the authority constituted under Section 4 of the Cinematograph Act, 1952. The licence is granted by the Licensing Authority subject to the provisions of

Zacchini Vs. Scripps-howard Broadcasting Co.

Court : US Supreme Court

Subject : Land Acquisition

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 … 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 … 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

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 … the Act. The District Collector, Ernakulam who is the first respondent herein, passed an order dt. 17-3-1987 under Section 4(1) of the Act, copy of which is produced as Annexure III to the Memorandum of Appeal, prohibiting the

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 … California v. LaRue - 409 U.S. 109 (1972) U.S. Supreme Court California v.

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 … the owner of the copy-right in the play 'Hum Hindustani'. Issue No. 4 was not pressed by the defendants and was accordingly decided against them. … 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

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 … the petitioners call in question the constitutional validity of Sections 3B and 4A of the Karnataka Entertainments Tax Act, 1958 hereinafter referred to as the

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

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, … the plaintiff- appellants  exclusive right to the same. 4. The plaintiff-appellants herein moved the Court for temporary … 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

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 … especially with reference to transfer or succession, and to their capacity of being injured'. The expression 'undertaking' in Section 4 of Act 22 of 1969 clearly means a going concern with all its rights, liabilities and assets--as distinct

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 … set or is colour set and irrespective of the fact whether the person holds such licence or not.Under Section 4 every holder of a television set is liable to pay the amount of tax due from him for … 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

United States Vs. Allegheny-ludlum Steel Corp.

Court : US Supreme Court

Subject : Land Acquisition

The decline in ownership of plain boxcars, as opposed to more sophisticated types of cars, was even more dramatic; ownership of cars over the 10-year period in question dropped 22.1%, while aggregate carrying capacity of such cars … utilization. At the conclusion of the investigatory phase of the proceeding in 1964, the Commission determined that there was a shortage of freight cars in … the relative rights of the several carriers in a joint rate. It was making a partition, and it performed a function quasi -judicial in its nature. In the case at bar, the function exercised by the Commission … direction of the owning railroad, are "reasonable" under the Esch Car Service Act of 1917 in view of the ICC's finding, for which there is … §§ 556 and 557 of the Act. Those sections, however, govern a rulemaking proceeding only when 5 … United States v. Allegheny-Ludlum Steel Corp. - 406 U.S. 742 (1972) U.S. Supreme Court United States