Court : Mumbai
Decided on : Sep-22-2011
..... 9. it would also be useful to refer to the provisions of sections 54, 55 and 62 of the copyright act, 1957 which read as under: 54. definition.-- for the purposes of this chapter, unless the context otherwise requires, the expression "owner of copyright" shall include-- (a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, ..... by reason of the recording, issue and sale of such works. 10. the company shall be the owner of the original plate with the meaning of the copyright act 1957 and any extensions or modifications thereof each title recorded or recorded under the provisions of this agreement at the time when such place shall be made. the ..... ) do the defendants prove that this court does not have jurisdiction to entertain and try the present suit in terms of the provisions of section 62 of the copyright act, 1957. (2) do the defendants prove that this court does not have territorial jurisdiction to entertain and try this suit in view of cl. 17 of the agreement .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2011
..... against payment of a reasonable amount of royalty/licence fees. 6. the plaintiff, therefore, made an application under section 31(1) (b) of the copyrights act, 1957, for obtaining a compulsory licence. the plaintiff has averred that this application was also a misconception of law to the effect that the defendant was entitled to ..... particular work precedence over other works however does not arise. the rights of the owners of the copyrights in each type of work is prescribed by the provisions of the act. chapter iv deals with the ownership of copyright and the rights of the owner. section 14 stipulates the exclusive right to do or authorize the ..... of his work." performing rights societies acquire the performing rights in works protected by copyright and grant licenses to others to perform these works in public. the act contains a number of provisions which affect such societies, which are discussed in chapter 27." the commentary, and especially the words emphasised, supports the plaintiff's .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-21-2011
..... case of lay-off, retrenchment and closure in industrial establishments where 300 or more workmen are employed. this is sought to be achieved by inserting a new chapter vb in the act. in the interests of rehabilitation of workmen and for maintenance of supplies and services essential to the life of the community, there is a provision in the ..... company, which is not competent, (iii) the judgment was rendered on the basis of the interpretation of rule 62(2)(b) of the industrial disputes (bombay) rules, 1957, which contained the provision regarding specific authorization in favour of the president or the secretary of the union in a meeting of the workmen held for that purpose. the said ..... to enter into the settlements, as contemplated by section 2(p) read with section 18(1) of the id act. the judgment is based upon the interpretation of rule 62(2)(b) of the industrial disputes (bombay) rules, 1957. as per the said rule, the memorandum of settlement can be signed on behalf of the workmen either by .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Sep-12-2011
..... provide protection against unscrupulous removal, termination and dismissal from service. if that is the intention behind the framing of the college code, then the provisions of chapter-v relating to the selection and appointment of teachers will have to be construed in this background. article 33 of the college code deals with the appointment ..... doctrine of bias as applicable to courts and judges is equally applicable to quasi judicial bodies also. see manak lal v . dr.prem chand ( air 1957 sc 425). the principle that he who hears and decides questions judicially must be an impartial person free from any bias against the parties before him is a ..... by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-12-2011
..... provide protection against unscrupulous removal, termination and dismissal from service. if that is the intention behind the framing of the college code, then the provisions of chapter-v relating to the selection and appointment of teachers will have to be construed in this background. article 33 of the college code deals with the appointment ..... doctrine of bias as applicable to courts and judges is equally applicable to quasi judicial bodies also. see manak lal v . dr.prem chand ( air 1957 sc 425). the principle that he who hears and decides questions judicially must be an impartial person free from any bias against the parties before him is a ..... by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-14-2011
..... corporate share holder who has the power to buy or sell shares though not a registered member, a person enjoying rights in a patent, trade mark or copyright even though legal title is vested in another e.g. under an assumption where the assigner has yet not signed the assignment etc. the term "equitable owner ..... in a right that derives from something other than legal title beneficial interest in a trust. 18. salmond on jurisprudence, tweleth edition at page 260 in the chapter of ownership explains legal and equitable ownership thus : ...... one person may be the legal and another the equitable owner of the same thing or the same ..... temkin2 again shows the meaning of beneficial ownership upon following the ohm mariana3. it considered that the purpose and object of section 4 of the high court admiralty jurisdiction act (in singapore) for understanding the expression "beneficial ownership" is "to protect claims against fraudulent concealment 1 [1994] 3 slr(r) 146 (admiralty division) 2 [1998 .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jan-06-2011
..... third judge. the relevant observations in the said judgment, contained in para 90 thereof, are reproduced below :"... this chapter was remodelled and the sections were rearranged and modified by act ii of 1900. the definition of "actionable claim" contained in s. 130 was transferred to s. 3 which runs as follows :--'"actionable ..... this respect, the judgment in shah mulji deoji v. union of india, representing e.i. rly., administration and g.i.p. rly. administration, reported in air 1957 nagpur 31, needs to be seen. it was a case of a difference of opinion between the two hon'ble judges of this court, which was referred to a ..... the right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an instrument .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jan-06-2011
..... third judge. the relevant observations in the said judgment, contained in para 90 thereof, are reproduced below :"... this chapter was remodelled and the sections were rearranged and modified by act ii of 1900. the definition of "actionable claim" contained in s. 130 was transferred to s. 3 which runs as follows :--'"actionable ..... this respect, the judgment in shah mulji deoji v. union of india, representing e.i. rly., administration and g.i.p. rly. administration, reported in air 1957 nagpur 31, needs to be seen. it was a case of a difference of opinion between the two hon'ble judges of this court, which was referred to a ..... the right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an instrument .....
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