Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Court: mumbai Year: 2005 Page 1 of about 12 results (0.139 seconds)

Eurokids International Pvt. Ltd. Vs. India Book Distributors Egmont Bo ...

Court : Mumbai

Reported in : 2005(6)BomCR198

..... the present work is covered by the copyright act, 1957. the rights flowing in favour of the parties before me are governed by this enactment. if the enactment is perused as a whole and in the light of the preamble thereof, then it is clear that the civil remedies available in chapter-xii could be availed of by the ..... and them. mr. tulzapurkar was unable to point out anything from the record which would indicate that the agreement at exhibit-a is not in accordance with copyright act, 1957 assuming that the same applies to it.19. coming to the agreement at annexure-b. it is clear from a perusal thereof that it is an exclusive ..... plaintiffs will suffer grave loss, irreparable harm and injury. my reasons for these conclusions are set out hereinbelow.17. copyright act, 1957 is an act to amend and consolidate the law relating to copyright. the term 'copyright' for the purpose of this act has a meaning assigned to it in section 14. section 14 insofar as relevant for our purpose reads thus :'14 .....

L'oreal India Pvt. Ltd. and Anr. Vs. Henkel Marketing India Ltd. and A ...

Court : Mumbai

Reported in : 2005(4)ALLMR773; 2005(6)BomCR77

..... . according to the plaintiffs, they have copyright in the artistic work of the said label/trade-dress and that copyright is infringed by the defendants. perusal of the definition of the term 'copyright' found in section 14 of the copyright act,1957 shows that in relation to an artistic work, a copyright can be said to have been breached ..... if that work is reproduced in any material form by a person other than the owner of the copyright. therefore, the moot question is?, can ..... plaint, the impugned label/trade dress is a substantial reproduction and/or colourable imitation of the said label/trade dress. the defendants are infringing the plaintiffs' copyright in the artistic works. the impugned label/trade dress is similar and/or deceptively similar to the said label/trade dress of the plaintiffs. the defendants .....

Ms. Mina Fusade, Legal Heir of the Late Prince Sayajirao Gaekwar Vs. M ...

Court : Mumbai

Reported in : (2005)107BOMLR1160; (2006)201CTR(Bom)207; [2006]285ITR229(Bom)

..... made by the petitioner under kar vivad samadhan scheme, 1998 ('kvs scheme' for short) in respect of tax arrears of late prince sayajirao gaekwar under wealth tax act, 1957 ('act' for short) for the assessment years 1969-70 to 1978-79; 1981-82; and 1984-85 to 1986-87 contending that the order of rejection suffers ..... vide order-cum-intimation dated 10th march, 1999 rejected the applications-cum-declarations made by the petitioner under kvs scheme enacted under chapter-iv of the finance act. the deceased had suffered best assessments under the act, inter alia; for assessment years 1969-70 to 1978-79; 1981-82; and 1984-85 to 1986-87 along with penalties ..... -92, the assessee was held liable to pay tax under assessment orders passed under section 143(3) of the income-tax act, 1961 and also under the assessment orders passed under the wealth-tax act, 1957. being aggrieved by the assessment orders, the assessee therein, had preferred appeals to the commissioner (appeals). the appeals were, however .....

The Brihan Maharashtra Sugar Syndicate, a Company Incorporated Under t ...

Court : Mumbai

Reported in : 2005(4)ALLMR739; 2006(2)BomCR103; 2006(1)MhLj344; 2006(33)PTC188(Bom)

..... . section 62(2) is about jurisdiction of the courts over the matters. 10. apart from the aforesaid section chapter xi of the said act includes section 51 which lays down the circumstances in which the copyright can be said to have been infringed or shall be deemed to have been infringed. therefore, it is necessary ..... mistake and error in finding resemblance in the two labels and granting decree in favour of the plaintiffs. defendants - appellants were restrained perpetually from infringing the copyright of the plaintiffs' original artistic work in the label prince santra, l-1 and they are also directed to deliver copies of label l-2 to the ..... additional district judge, palghar, complaining of infringement of the copy right or infringement of rights conferred under the copy right act, 1957, (hereinafter referred to as 'the said act'). with reference to section 62 of the said act, dispute is about the labels on the liquor bottles. colour copies of the said liquor bottles, infringement of which .....

Kesha Appliances P. Ltd. and ors. Vs. Royal Holdings Services Ltd. and ...

Court : Mumbai

Reported in : 2006(1)BomCR545; [2006]130CompCas227(Bom); [2005]65SCL293(Bom)

..... of the said judgment:'6. the delhi municipal corporation act, 1957 (hereinafter referred to as 'the corporation act') has made provisions for the constitution of the corporation and has prescribed the procedure for election of the councillor, levy of taxes, sanitation and public health. chapter xvi contains provisions regarding erection of buildings within the corporation ..... listed or unlisted and whether in india or abroad.]44. directions by the board:without prejudice to its right to initiate action under chapter via and section 24 of the act, the board may, in the interest of securities market or for protection of interest of investors, issue such directions as it deems ..... the person proceeded against or his lawyer or authorised representative, the offence, alleged to have been committed by such person indicating the provisions of the act, rules or regulations in respect of which contravention is alleged to have taken place.(5) the adjudicating officer shall then give an opportunity to such .....

Shri Y.J. Patki, Prorietor of Patki and Dadarkar, Chartered Architects ...

Court : Mumbai

Reported in : [2005(107)FLR1151]; (2006)ILLJ677Bom

..... retrenchment has led to that dispute, but does not include any such person(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or ..... skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied and of the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or ..... had claimed that the termination order dated 29th june 1988 amounted to retrenchment and, therefore, he was entitled for retrenchment compensation under section 25f of the i.d.act. he further claimed that he was not paid bonus and, therefore, he sought recovery for the entire period of the service right from 1975 onwards.3. the .....

Jet Speed Audio Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of debit notes and the value of which was not included in the assessable value declared by the assessee. the music companies referred above were buying music copyright from the film producers and artists under copyright act, 1957 and after transferring the music on digital audio tape (dat) in the recording studio, the same were supplied to assessee free of cost for making cd ..... audio (p) ltd., (hereinafter referred to as the "assessee") having factory at 7, udyog nagar, goregaon (w), mumbai-400062, are engaged in the activity of compact disc (cd) falling under chapter 85 of ceta. the assessee is declaring the assessable value of the goods manufactured by them in their clearance documents viz invoices issued under rule 52a, as required under rule .....

Satya Prakash Aggarwal Vs. National Stock Exchange of India

Court : Mumbai

Reported in : [2006]134CompCas324(Bom); [2006]69SCL115(Bom)

..... that even the respondent no. 4 viz. the defaulter committee appointed by respondent nos. 1 and 2, has not complied with the requisitions of chapter xii of the bye-laws and have acted arbitrarily while picking and choosing some of the investors for payment at their own sweet will or upon the conditions which are not recognized by ..... . according to him, the procedure followed by the respondent no. 4- defaulter committee is totally contrary to the security lending scheme, albm scheme and the provisions of chapter xiii of the bye-laws of respondent no. 1 and is also contrary to the object of creation of investors' protection fund.41. the learned counsel for the ..... of the securities and exchange board of india, make bye-laws for the regulation and control of the contracts. rule 18 of the securities contracts (regulation) rules, 1957, provides the manner of publication of bye-laws for criticism, which reads as under:rule 18. manner of publication of bye-laws for criticism.-the bye-laws to .....

Tata Teleservices (Maharashtra) Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2006(201)ELT529(Bom)

..... words 'relating to recovery of possession' as employed by section 41(1).16 mr. rana thereafter contend that the settlement commission as provided under chapter xiv-a of the said act would have limited jurisdiction, in the sense only in case of short levy on account of misclassification or otherwise, the commission would have jurisdiction ..... of his submission, mr. harishankar has referred to and relied upon the judgment of the supreme court in the case of lilavati bai v. state of mysore. : [1957]1scr721 and another judgment in the case of western india plywood v. p. ashokan : air1997sc3883 . the judgment in the lilavati bai (supra) has been followed by ..... the most wilful case of misclassification.42. one cannot minimise the scope of jurisdiction of the settlement commission without any express provisions found in the said chapter, whereas on the contrary, the provisions as indicated herein above clearly show that the settlement commission has a very wide jurisdiction to entertain all kinds of .....

Union of India (Uoi) Through the Commissioner of Customs Vs. Hoganas I ...

Court : Mumbai

Reported in : (2005)107BOMLR61; 2006(199)ELT8(Bom)

..... the words 'relating to recovery of possession' as employed by section 41(1).'16. mr. rana thereafter contended that the settlement commission as provided under chapter xiv-a of the said act would have limited jurisdiction, in the sense only in case of short levy on account of misclassificatior, or otherwise, the commission would have jurisdiction and not ..... support of his submission, mr. harishankar has referred to and relied upon the judgment of the supreme court in the case of lilavati bai v. state of mysore - : [1957]1scr721 and another judgment in the case of western india plywood v. p. ashokan - : air1997sc3883 . the judgment in the lilavati bai (supra) has been followed by this ..... in that context he referred to and relied upon the judgment of the punjab high court in the case of firm l. hazari mal v. i.t.o. - air 1957 pun 5, wherein, the punjab high court has held that the three expressions 'levy', 'assessment' and 'collection' are of the wider significance and embrace in their broad .....