Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Court: kolkata Page 1 of about 124 results (0.092 seconds)

Hindustan Unilever Limited Vs. Sushil Kumar Sitaldas Dhirani

Court : Kolkata

..... 2). person includes the registered proprietor and the registered user. section 62 of the copyright act: 62. (1) (2) jurisdiction of court over matters arising under this chapter.--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 ..... act shall be instituted in the district court having jurisdiction. for the purpose of ..... company nor its branch office were at delhi and merely that the reseller sells its product neither fulfils the criterion enshrined under section 62 of the copyright act nor satisfies the conditions of section 20 of the code of civil procedure. the provision of section 20 of the code of civil procedure was .....

RamnaraIn Trivedi Vs. Shib Kumar Tewary and anr.

Court : Kolkata

Reported in : AIR1938Cal594

..... they now possess demands consider-able powers of adaptation and polishing, and i consider that the result is an original literary work within the meaning of section 1 of the copyright act, 1911. moreover even if the suggestion made by the defendant is correct that all that mahadeo has done is to take down the words as sung by ganga sahu, ..... they leave no doubt in my mind that i have to deal with a case of systematic and deli-berate piracy, in spite of the fact that sorothi ii contains chapters and materials not to be found in sorothi i.9. i hold it proved that defendant 2 was a party to the infringement complained of indeed i am by no ..... of evidence to show that either of these conditions is fulfilled and in these circumstances the question of passing off needs no further consideration. on the basis of infringement of copyright, the plaintiff is entitled to the following reliefs against both defendants : (1) the injunction asked for in para. (c) of the prayer to the plaint. (2) an order for .....

Eastern India Motion Pictures Association and ors. Vs. Indian Performi ...

Court : Kolkata

Reported in : AIR1974Cal257

..... for exhibition of a cinematograph film and if so, when and in what circumstances such right can be exercised. 22. on a conspectus of the various provisions of the copyright act, 1957 we have referred to, the following conclusions, it appears to us can be reached:-- (1) the owner of a cinematograph film which includes the sound track is ..... 17. subject to the provisions of this act, the author of a work shall be the first ..... otherwise than under and in accordance with the provisions of the act or of any other law for the time being in force. 15. the ownership of copyright and the rights of the owner have been prescribed in chapter iv of the act. section 17 is the first section in this chapter. the relevant portions of section 17 are as follows:-- section .....

Barbara Taylor Bradford Vs. Sahara Media Entertainment Ltd.

Court : Kolkata

Reported in : 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)

..... and the large change meaning.131. in our opinion, the large change meaning cannot be ascribed to the word 'alter' in section 2(a)(v) of the copyright act, 1957, because it renders the interpretation absurd. minor change, slight change, not making the original something beyond recognizable possibilities, changes in some of the details, this would ..... in the context of decided authorities and different factual instances.118. mr. sen heavily relied upon the 1995 amendment to the meaning of adaptation introduced in our copyright act of 1957. section 2(a)(v) states that adaptation means - 'in relation to any work, any use of such work involving its rearrangement or alteration;'.119. mr ..... the reasons given by their lordships in the said division bench order were unsustainable, we would have had no jurisdiction once again to enter into that closed chapter in this judgment. but the supreme court did not say so. it expressly kept the points in the appeal before it open. the only point before .....

Eastern India Motion Pictures and ors. Vs. Performing Right Society Lt ...

Court : Kolkata

Reported in : AIR1978Cal477

..... dated 23rd jan. 1971 is hereby withdrawn and substituted by the revised tariff and hereby published as required by sub-section (1) of section 33 of the copyright act, 1957. the said revised tariff will be effective as from 1st march 1972. accordingly, the performing right society proposes to collect, until further notice fees, charges or ..... .c. basak, j.1. this appeal under section 72 of the copyright act, 1957 (hereinafter referred to as the said act) is directed against an order of the copyright board constituted under the said act (hereinafter referred to as the board) passed under section 35 of the said act. the facts of this case are shortly as follows:the performing right ..... utilising such sound-track or from communicating or authorising the communication of the film by radio-diffusion as section 14(1)(c) of the act expressly permits the owner of the copyright of the cinematograph film to do all these things. in such cases, the author (owner) of the cinematograph film cannot be said to .....

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

..... licensee and the court held that it cannot be said that importation of lawfully published books from america into india is not an infringement of the copyright under section 54(a) of the copyright act, 1957. this court fails to appreciate the relevance of the aforesaid ratio in the facts of this case.40. in this case, various judgments were cited ..... the aforesaid facts, the suit filed by the appellant is the subject to the provision of section 22 contained in chapter v of the new act and consequently, sub-section (3) of section 22(2) of the new act applies and the respondents are entitled to raise by way of defence in opposition to the appellant's injunction prayer every ..... clauses (d) and (e) of section 19(1) of the new act. section 4 of the new act provides for grounds for prohibition of registration of certain designs. section 4 of the new act is also a new provision. apart from that, in chapter v of the new act, which deals with legal proceeding, there is a substantial difference from the .....

Maheswar SwaIn Vs. Bidyut Probha Art Press and anr.

Court : Kolkata

Reported in : AIR1971Cal455,75CWN944

..... these appeals, is whether the learned judge of the court below was right in his aforesaid view.4. the suits in question were, obviously under section 62 of the copyright act and, under that section, such suits have to be instituted in the 'district court having jurisdiction' vide sub-section (1). for the meaning of the expression 'district ..... the said court is otherwise competent for the purpose. same would also be the conclusion under the provision for extended jurisdiction, as contained in section 62(2) of the copyright act, as the plaintiff here carries on business within the said local limits.7. the point, therefore, will be whether the city court can be held to be 'the ..... of original jurisdiction so as to satisfy the test of a district court or court of a district judge to enable, or entitle it to assume jurisdiction under the copyright act.15. in the above view of the matter, we would allow these appeals, set aside the impugned decision of the learned trial judge and direct that the .....

Prasad Maity. Vs. Krishnapada Mondal.

Court : Kolkata

..... the state of west bengal, lays down as follows: conveyance [as defined by section 2(10)] not being a transfer charged or exempted under no.62. exemptions (a) assignment of copyright by entry made under the copyright act, 1957 (14 of 1957), section 18. (a) six per centum of the market value, when the property is situated in the areas to which the kolkata improvement ..... to be duly stamped; (d) nothing herein contained shall prevent the admissible of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898 (5 of 1898): (e) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has .....

Gramophone Company of India Limited Vs. Baleswar and Another

Court : Kolkata

Reported in : AIR1990Cal6

..... terms of this agreement and the records or cassettes manufactured by the company, the petitioner herein. in this connection relevant provisions in the indian copyright act are set out hereinbelow :'section 2 in this act, unless the context otherwiserequires -- section 2(d) 'author' means- (vi) in relation to a record, the owner of the original ..... and the company shall be the owner of the original plate within the meaning of copyright act thereof or each of the performances recorded under the provisions of the said act at such time when such plate shall be made. the copyright, therefore, can be claimed in respect of theperformance rendered by the artiste in terms ..... the aforesaid case does not appear to be of any assistance to the petitioner.20. the learned advocate for the petitioner has also referred to the passagesfrom chapter 21 under heading 'interference with contract or business' from winfield & jalowicz on 'tort', 10th edition. it does not appear that the petitioner had made out .....

Hdfc Bank Vs. Chaumkaur Singh and Another

Court : Kolkata

..... be invoked either on the basis of the situs of the defendant or on the basis of the situs of the cause of action, unless a special act (like the copyright act, 1957 or the trade marks act, 1999) provides otherwise. since these matters cannot be regarded as suits for land and since the judgement-debtors in the three matters are not said ..... in that case was that the practice followed by this court over a long period of time partook the character of law by virtue of rule 3 of the chapter xl of the rules on the original side of this court. that rule provides that where no provisions are made by the code or by the rules, the ..... the purpose, would have merged in the arbitral award. similarly, the expressions, subsequent applications arising out of that agreement and the arbitral proceedings, in section 42 of the act should apply to matters pertaining to the reference and prior to the award since the award signifies the termination of the reference. but in the absence of anything more specific .....