Court : Kerala
Reported in : AIR1986Ker12
..... whom the licence is binding.' as is seen from the preamble of the copyright act, 1957 this is an act to amend and consolidate the law relating to copyright. substantially the provisions in the indian act are similar to the english act, namely the u.k. copyright act, 1956.9. now that the plaintiff is claiming exclusive rights to the exclusion ..... in the additional counter-affidavit filed by respondents 3 and 4 to this i. a. they raised the contention that the suit is one coming under chapter 12, copyright act, and as such the district court alone has jurisdiction todeal with questions raised in this suit. therefore, according to them, the suit is not maintainable ..... or imported in contravention of the provisions of the act. under section 62 of the act, every suit or other civil proceedings arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by the act shall be instituted in the district court having jurisdiction. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker49
..... -- (different in its pattern, perspective and style) on the other.5. the matter arises in a suit filed under the provisions of the copyright act, 1957 (hereinafter referred to as 'the act'). in aid of, and as part of the reliefs claimed in the suit, an interlocutory relief of a far-reaching effect was also sought for ..... artistic production is.they have to understand the limits of theirrights by gauging the language of thelegislature.15. the interpretative exercise of an enactment like the copyright act must, according to me, recognise the plenitude of artistic liberty. a different approach would be against the larger objectives of the publishing houses themselves, in ..... recognition of such consideration has its reflection in section 17 of the act. my understanding of the provisions under section 17(a) and (c) of the act is that, prima facie, in relation to such productions, the employer has a statutorily recognised copyright in those productions, as those productions were made by him at a .....
Tag this Judgment!Court : Kerala
Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)
..... and voluntarily reside or carry on business or personally works for gain in any place within the local limits of the ernakulam court, section 62(2) of the copyright act, 1957, cannot clothe the ernakulam court with jurisdiction to entertain a suit of this nature.14. the further question which survives for consideration is as to whether the ..... though the place of residence or the place of business of the plaintiff may be relevant in the case of a suit falling under section 62 of the copyright act, 1957, the same will assume importance only if the plaintiff-company has any activity within the limits of the ernakulam court and the plaintiff has prima facie made out ..... 20 (vide jaleel associates v. hotel sagar [2005] 1 ilr 237 (ker)).12. in the case of infringement of a copyright falling under section 55 of the copyright act, 1957, no doubt, section 62(2) of the copyright act provides the same right of forum for the plaintiff as is made available to a plaintiff in respect of a suit falling under .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)
..... ipr) in the software developed, namely, friends. there is no dispute that ipr software is recognised in law that copyright can be claimed for ipr in the software in view of the amendment in the copyright act, 1957 in 1994. when respondents 1 to 4 arranged to modify the software 'friends' to suit its further requirements through ..... another agency, petitioner alleged violation of copyright and petitioner filed criminal complaint against respondents 1 to 4 which was later referred ..... the instance of the owner of the copyright.6. we agree with the learned single judge that ext.p10 is not an adjudicatory order under chapter ix of the information technology act to file an appeal to the cyber appellate tribunal constituted under chapter x of the information technology act. it is true that under ext.p6 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker1; 2006(4)KLT311; 2007(34)PTC231(Ker)
..... interfere with that order.7. at the outset, certain primary questions have to be determined. can any one claim copyright over judgments of courts? if at all, who? whether the copyright act, 1957, hereinafter referred to as the 'act', recognizes any such copyright8. a judgment of a court is an affirmation, by the authorized societal agent of the ..... as to what are law reports and what is law reporting 20. the fourteenth report of the law commission of india provides various relevant materials under the chapter - law reports. profitable reference in this regard can also be made to the working paper on the scheme for revised law reports as prepared by shri ..... common source falls within the ambit of literary work. in govindan v. gopalakrishna : air1955mad391 , it was held, while dealing with a case relating to infringement of copyright in relation to dictionaries, that in the case of dictionary, a man is not allowed to appropriate for himself the arrangement, sequence, order, idioms, etc. employed .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... the e.i. court, raises a substantial question of law. (see sree meenakshi mills ltd. v. commissioner of income tax 0044/1956 : air 1957 sc 49). where a finding of fact is given after throwing the burden on the wrong party that itself is an error of law giving rise to ..... 25, 1975 asengaged in any of the sro. no. 288/75.manufacturing processes specifiedin clause (12) of section 2 of theemployees' state insurance act,1948 (central act 94 of1948).-------------------------------------------------------------------------3. the following establishments whole of the state of kerala wherewherein 20 or more persons are the benefit provisions of chapteremployed or were ..... , dt-september 13, 1974notifications.r.o.in exercise of the powers conferred by sub-section (5) of section 1 of the employees' state insurance act, 1948 (central act 64 of 1948), the government of kerala, in consultation with the employees' state insurance corporation and with the approval of the central government, hereby given .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... not be adopted where the apparent transgression is in the field of other constitutional prohibitions. 4. it might be as well to begin with a brief outline of the act. chapter i (sections 1, and 2) which is headed, 'preliminary' contains besides the short title, extent and commencement, the definitions some of which we might have to ..... think cannot stand. under the explanation, subject to certain exceptions, any land transferred by a person holding land in excess of the ceiling area between the 18th december, 1957 (the date of publication of the kerala agrarian relations bill) and the date of the publication of the kerala land reforms bill, 1963 (here we think that ..... excess of the ceiling area was transferred by such family or any member thereof or bysuch adult unmarried person, as the case may be, after the 18th december, 1957, and on or before the date of publication of the kerala land reforms bill 1963, in the gazette, otherwise than in favour of the persons and institutions specified .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KLJ170; 2008(2)KLT857
..... seen that the detenu is involved in five criminal cases pending trial before the competent criminal courts, relating to offences falling under chapters xvi and xvii of i.p.c. and one case under mines and minerals (d&r;) act, 1957 meriting his detention. thus, according to the first respondent, the petitioner's husband is detained in pursuance of an order made under ..... in six criminal cases including house trespass, attempt to culpable homicide, cheating and offence under the provisions of mines and minerals (development and regulation) act, 1957 and kerala protection of river banks and regulation of removal of sand act, 2001. it was stated in the report that the detenu cheated 17 persons in ernakulam district by offering jobs at kochi international air port .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT225
..... prior notice in writing to the person concerned and to the superior officer as contemplated under section 20(3) of the railway protection force act, 1957 (hereinafter referred to as 'the act'). the learned magistrate after hearing the preliminary objection held that prior sanction under section 197 cr.p.c. and prior notice in writing as ..... any official duty.4. the learned counsel appearing for the revision petitioners submits that the view taken by the learned magistrate is against the provisions of the act and the rules framed thereunder. the charge levelled against the revision petitioners is that they caught hold of cw.1 while he was crossing the railway lines ..... be regarded as railway servants within the meaning of the indian railways act, 1890 (9 of 1890) other than chapter via thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that act'.section 20(3) of the act reads as follows:'notwithstanding anything contained in any other law for the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker260; 1961CriLJ484
..... take cognisance of such offences except with the previous sanction of the state government. section 132, criminal procedure code, provides that no prosecution against any person for any act purported to be done under chapter ix of the code shall be instituted in any criminal court except with the sanction of the state government. so that, in the former case the ..... because it was not brought to the notice of the court at the earliest stage the necessity for sanction should not be discarded. further, in yesudasan v. guruswamy, air 1957 mad 555, a division bench of the madras high court, following a previous decision of burn, j. in schamnad v. rama rao, air 1933 mad 268, and ..... head accountant-cum-cashier in the office of the assistant supply officer, ernakulam and he was entrusted with a sum of rs. 1,525-8-6 on 16th february 1957, in his capacity as a public servant, for the purpose of disbursing that amount to one padmanabha prabhu, who supplied petrol to the supply department. he committed .....
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