Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Court: mumbai Page 1 of about 288 results (0.140 seconds)

J.N. Bagga and ors. Vs. All India Reporter Ltd.

Court : Mumbai

Reported in : AIR1969Bom302; (1969)71BOMLR409; 1969CriLJ1109; 1969MhLJ188

..... now be noted, i have already pointed out that there is no specific provision in the copyright act, 1957, regarding the place for filing criminal complaints. the provisions of the criminal procedure code regarding the place of an enquiry and trial in chapter xv are the only provisions which would help a court in finding our whether it has jurisdiction ..... . what is, therefore, alleged is that the advertisement in journals published at nagpur amount to 'an offer for sale' as contemplated by section 51(b)(i) of the copyright act 1957. not only the advertisement ..... soliciting customers to purchase the books and to place their orders with the publishers amount to 'an offer for sale' under section 51(b)(i) of the copyright act, 1957. the additional sessions judge, who made a reference on this point, has taken a contrary view.8. the two points of view, which are canvassed before .....

Akhil Bhartiya Grahak Panchayat Vs. Bindumadhav

Court : Mumbai Aurangabad

..... . it is contended that behind back of the association, in the year 2001, the defendant got registered aforesaid title and monogram under the copyright act, 1957 (hereinafter referred to as act of 1957? for short) in is own name and he has shown himself as owner of the title and monogram. it is the case of ..... while considering the object behind provision of section 62 of the act 1957. section 62 of act 1957 is 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 act shall be instituted in the district court having jurisdiction. ( .....

M/S. Arte Indiana Vs. M/S. P. Mittulaul Lalah and Sons

Court : Mumbai

Reported in : 1999(4)BomCR233

..... territorial jurisdiction of this court. the contention of the plaintiffs, however, is that sub-section (2) of section 62 of the copyright act, 1957 permits the plaintiffs in case of infringement of copyright act, to sue at the place where the plaintiffs actually and voluntarily resides or carries on business or personally work for gain. the ..... before this court under the copyright act, in order to avoid multiplicity of proceedings and also hardship and cost of litigation, in the ordinary course leave ought to have been granted and ..... hindustan . (supra) the learned single judge had rejected the application for leave though the court had come to the conclusion that in so far as the copyright act is concerned this court would have had jurisdiction. reversing the judgment, the division bench held that once the court came to the conclusion the plaintiffs could sue .....

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

Reported in : 2009(111)BomLR609; 2009(2)MhLj651; LC2009(1)329

..... of satellite, cable and internet platform. the defendant is a collecting society constituted under section 33(3) of the copyright act, 1957 (the act) to perform the statutory duties and public functions essentially under section 31 of the act. section 31 runs thus:31. compulsory licence in works withheld from public - (1) if at any time ..... grant any injunction to prevent interference of the plaintiff's broadcast (which is a threatened action) under the agreement or the licence which becomes enforceable under the copyright act itself.18. similarly in the case of raja ram kumar bhargava v. union of india : [1988]171itr254(sc) , which is a case for considering ..... . it was held that the jurisdiction granted to the hearing authority impliedly barred the civil court's jurisdiction. it was held that chapter iv-a of the motor vehicles act create a special machinery for approving and modifying schemes for exclusive operation of road transport services of the state transport undertaking and injunction .....

Phonographic Performance Ltd. Vs. Music Broadcast (P) Ltd.

Court : Mumbai

Reported in : 2004(3)ALLMR196; 2004(29)PTC282(Bom)

..... hydrabad dated 19th november, 2002. these appeals have been filed under sub-section (7) of section 72 of the copyright act, 1957 (hereinafter referred to as the 'act'). the order dated 19-11-2002 has been passed by the copyright board under section 31 of the act. it appears that the government of india, in the year 1999, invited tenders for the purpose of granting licence ..... the amendment brought out by amending act, 38 of 1994. it is submitted that chapter 7 of the act was substituted by amending act 38 of 1994. under the provisions of chapter 7 before its amendment in 1994, the rates prescribed by the copyright society were required to be approved by the copyright board and on a complaint made to the copyright board, the board had the powers .....

Madankumar Dharamchand JaIn and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1983(1)BomCR416

..... the learned appellate judge confirmed the conviction and sentence passed against the petitioners for the offence under sections 78 and 79 of the trade and merchandise marks act, 1958 and section 63 of the copyright act, 1957. these convictions were recorded by the learned magistrate on 26th march, 1979. the first petitioner was sentenced to suffer s.i. till rising of the court and ..... as case no. 18/1&r;/1977 charging four accused made therein for the commission of offences under sections 78 and 79 of the trade and merchandise marks act, 1958, section 63 of the copyright act, 1957 read with section 34 of the indian penal code and sections 120, 120-b, 465, 471, 472, 473, 474, 475, 483, 482 and 486 of the indian .....

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

..... , producing, acquiring, broadcasting, communicating, telecasting various entertainment and entertainment related content and programmes. the defendant is a company incorporated under the companies act, 1956 and has been registered as a collecting society under section 33(3) of the copyright act, 1957 ('the act' for short) to carry on the business of issuing licenses inter alia to broadcast / communicate to the public sound recordings.7. the ..... have no jurisdiction to entertain such applications. seeking such a remedy is to by pass regulatory provisions as well as the penal provisions as are set out in chapter xi and xiii of the act and the civil court cannot have such a jurisdiction to grant something which would frustrate the provisions of a statute. the observations made by the apex court .....

Messrs Gulfam Exporters and Another Vs. Sayed Hamid and Others

Court : Mumbai

Reported in : 2000(2)BomCR619; 2000(3)MhLj183

..... not lie. thirdly he contended that there was no mens rea or knowledge for prosecuting the petitioners as contemplated under section 63 of the copyright act, 1957. fourthly he contended that the offences under the provisions of i.p.c. i.e. cheating and another are not made out from the complaint as the complaint does not ..... alleged offence under section 63 of the copyright act in that respect. it is observed in para 3 of the judgment as follows :'.... one would, therefore, to have the copyright in any work must make out an application and get the same registered with the registrar of copyrights in accordance with the provisions of chapter x of the act.'in order to prosecute the petitioners for .....

Aamir Raza HusaIn and anr. Vs. Cinevistaas Limited and ors.

Court : Mumbai

Reported in : 2004(1)ARBLR248(Bom); 2003(3)BomCR827; 2003(27)PTC425(Bom)

..... dated 24th november, 2002 that m/s. cinevistaas ltd. had parted with valuable consideration, and prima facie the application of proviso (b) and/or (c) to section 17 of the copyright act, 1957 cannot stand excluded. the relevant clauses of the agreement dated 24th november, 2002 would in fact attract the applicability of those provisions (para 11 of the order of the learned ..... . also the rights of the petitioners were preserved. he submitted that the petitioners had a copyright in the script of the film under proviso (b) and (c) to section 17 of the copyright act, 1957. alternatively, he submitted that in any case assuming that respondent no. 4 had any copyright in the script of the film, he had assigned the same in favour of the .....

Urmi Juvekar Chiang Vs. Global Broadcast News Limited, a Company Incor ...

Court : Mumbai

Reported in : 2007(4)ALLMR617; 2008(2)BomCR400; (2007)109BOMLR981; LC2007(2)223; 2008(36)PTC377(Bom)

..... mumbai on 9th november 2005. the plaintiff asserts that the concept note is a literary work within the meaning of section 2(o) of the copyright act, 1957 (hereinafter referred to as the act); and that the plaintiff has the exclusive right to reproduce the said literary work and to make a television programme based on the same in ..... negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental no infringement of the copyright comes into existence.6. as a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case ..... on which the plaintiff is claiming order of injunction against the defendants. it is the case of the plaintiff that the defendants by their act of commission and omission have infringed the copyright of the plaintiff relating to her television programme 'work in progress'. going by the pleadings, it is not possible to accept the argument .....