Court : Gujarat
Reported in : AIR2003Guj141
..... filed under section 72 of the copyright act, 1957 challenging the order passed by the copyright board dated 7th september, 2001, whereby it is held that article 137 of the limitation act, 1963 is not applicable to the application filed under section 50 of the copyright act, 1957. the board also held that the copyright board is, deemed to be ..... for the appellant submitted that the respondent herein filed an application under section 50 of the copyright act, 1957, on 4th may, 2000. according to him, it is filed beyond the time prescribed under article 137 of the limitation act, 1963. in the alternative, he submitted that the application was filed after five years of ..... to the provisions of section 72 wherein the jurisdiction of court in the matters arising under this chapter is provided and finally, he submitted that even under section 74 of the copyright act, 'registrar of copyrights and copyright board to possess certain powers of civil court'. he submitted that in view of these specific .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR589; 2002(25)PTC434(Guj)
..... filed under section 72 of the copyright act, 1957 challenging the order passed by the copyright board dated 7th september, 2001, whereby it is held that article 137 of the limitation act, 1963 is not applicable to the application filed under section 50 of the copyright act, 1957. the board also held that the copyright board is, deemed to be ..... for the appellant, submitted that the respondent herein filed an application under section 50 of the copyright act, 1957, on 4th may, 2000. according to him, it is filed beyond the time prescribed under article 137 of the limitation act, 1963. in the alternative, he submitted that the application was filed after five years ..... to the provisions of section 72 wherein the jurisdiction of court in the matters arising under the chapter is provided and finally, he submitted that even under section 74 of the copyright act, 'registrar of copyrights and copyright board to possess certain powers of civil court'. he submitted that in view of these specific .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1376; 2010(41)PTC675(Guj)
..... of them, actually and voluntarily resides or carries on business or personally works for gain.section 62 of the copyright act, 1957 reads as under:62. jurisdiction of court over matters arising under this chapter:(1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this ..... plaintiff is the sole proprietor and enjoying the exclusive rights to use the said trade-mark 'dolaren' and the copyright subsists in the artwork of its label and on the packages under the provisions of the trade marks act, 1999 and the copyright act, 1957. it is further averred in the plaint that recently in the international market the plaintiff came a cross that the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2010Guj8
..... 1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by ..... the copyright act, 1957, read with section 20 of the cpc, and in paragraphs 11,12 and 13 the hon'ble supreme court has held and observed as under:11. the division bench has also erred in its construction of section 62 of the copyright act, 1957. section 62 reads:62. jurisdiction of court over matters arising under this chapter:( ..... ble supreme court in the said decision has further observed that composite suit within the provisions of the 1957 act as considered in dhoda house (supra) therefore, would mean the suit which is founded on infringement of a copyright and wherein the incidental power of the court is required to be invoked. a plaintiff may seek .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... any moneys or other assets which have not been or which ought to be disclosed by the transferee for the purpose of the act, or the indian income-tax act, 1922, or the wealth-tax act, 1957. 8. before initiating such proceedings, the competent authority must record his reasons for doing so. sub. s. (2) of ..... satisfy the conditions of art. 31(2) of the constitution. we are, however, presently examining the challenge on the basis that the newly introduced chapter in the act covers two distance subjects, namely, acquisition of immovable property and realisation of penalty. in other words, we are examining the validity of the said provisions ..... was, however, not taken consideration while making the aforesaid observation). 40. two questions, therefore, arise for consideration, namely : (1) does the newly added chapter in the act seek to compulsorily acquire immovable property for a public purpose; and (ii) whether the amount payable for the acquired property fixed by the impugned legislation is .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj153
..... provision for payment of all existing liabilities under this act, 1947 (21 of 1947), the indian income-tax act, 1922 (11 of 1922), the wealth-tax act, 1957 (27 of 1957), the expenditure-tax act, 1957 (29 of j957), the gift-tax act, 1958 (18 of 1958), the super profits tax act, 1963 (14 of 1963) and the companies (profits) surtax act, 1964 (7 of 1964) or (b) the registration ..... for duty, (e) duty by whom is payable etc. chapter-iii of the act deals with adjudication as to stamps, whereas chapter-iv of the act provides for action to be taken in case of instruments not duly stamped. chapter-v deals with allowances for stamps in certain cases; whereas chapter-vi deals with reference and revision. chapter-vii deals with offences and procedure for trying offences .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR338
..... in the date-pad as a whole.3. it will be convenient to refer to certain aspects of the copyright act 1957, arid the law relating to copyright before tackling the facts of the case. section 13 of the act specifies in what works copyright can subsist. copyright can subsist in (a) original literary, dramatic, musical and artistic works; (b) cinematograph films and (c) records. in order ..... section 13 of the copyright act. section 18 of the act provides for assignment of the copyright by its owner. chapter x deals with registration of a copyright. now. there is no express provision in the act which makes it obligatory for the owner of a copyright to get it registered under the copyright act. the copyright act is substantially modelled on the corresponding copyright act of the united kingdom, namely, copyright act of 1956. it .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1481; [1995]212ITR255(Guj)
..... 245(1) of the code of criminal procedure, 1973. a similar view has been taken in the cases punishable under section 35a(1) of the wealth-tax act, 1957. 8. it appears that the abovesaid view expressed by the learned metropolitan magistrate carne to be set at naught by the city sessions court, ahmedabad, while accepting ..... by the department. learned counsel, mr. kaji, would also further urge that, looking to the provisions contained under section 44aa and the provisions in chapter 16 of the act, it is clear that when the petitioner-accused-assessee had only income from the partnership business he was not required to maintain any account books and ..... must be put on trial. this contention also cannot be accepted, regard being had to the provisions contained under section 44aa and the provisions contained under chapter xvi of the act of 1961. these provisions would go to show that the income of the respective petitioner-assessees, being the income from the partnership business, the maintenance .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]258ITR193(Guj)
..... which was rendered in the context of the provisions of section 21 and other provisions of the wealth-tax act, 1957, was cited for the proposition that the consequences of the provisions in section 21 of the wealth-tax act that the assessee was assessable 'in the like manner and to the same extent' as the beneficiaries are ..... . s.i. tripathi : [1993]201itr611(sc) was cited for the proposition that section 166 of the act had an overriding effect over the preceding provisions in chapter xv and nothing contained in the preceding provisions in chapter xv precluded the revenue from making a direct assessment upon the assessee and/or recovering the tax payable from ..... for the reasons that we have given hereinabove, we hold that the income-tax officer was justified in passing the rectification order under section 154 of the said act. the question referred to the high court is, therefore, answered in the affirmative against the assessee and in favour of the revenue. the reference stands disposed .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj124
..... conferred by the last entry in each list in general terms in respect of any of the matters in the list. by a taxing statute in this chapter is meant any act making compulsory imposition whether of tax or fee. but a taxing statute must be distinguished from those where a duty or free is charged by the ..... the draft scheme by a notification in the extra-ordinary issue of bombay government gazette dated 28.3.1957 (part-ii). the draft scheme so prepared and published was ultimately sanctioned by government under its notification dated 12.12.1957 subject to certain conditions mentioned therein.2.2(d) the learned counsel submitted that in exercise of the ..... powers conferred by sec. 31 of the said act, the government appointed a town planning officer for the said draft scheme. that the .....
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