Court : Delhi
Reported in : 1986(2)ARBLR303(Delhi); ILR1979Delhi236
..... sought to be ousted on the ground that the suit arises under chapter xii of the copyright act, 1957, and that the original jurisdiction in respect of such suits or other civil proceedings arising under the said chapter is that of the district court under section 62 of the said act. section 62 of the copyright act, 1957, reads as under : '62(1) every suit or other civil proceeding ..... section makes it clear that every suit or other civil proceeding arising under chapter xii in respect of the infringement of copyright in any work or the infringement of any other right conferred by the copyright act, 1957, shall be instituted in the district court having jurisdiction. i do not agree. the copyright act does not define the expression 'district court'. the question, thereforee, is what is .....
Tag this Judgment!Court : Delhi
Reported in : LC2008(2)75; 2008(36)PTC492(Del)
..... reproduction rights are a special class of rights, recognized under part viii of the copyright act, 1957 (hereafter 'the act'). he relied upon section 37 for the purpose. according to counsel, section 37(3) provides, in clauses (a) to (e) acts deemed to be infringement of broadcast reproduction rights. according to the counsel, the unauthorized ..... section 37(3)(a) and also reproduction of the event under section 37(3)(d). learned counsel submitted that the only exception recognized under chapter viii of the act was the use, consistent with fair dealing, excerpts of any programme, in the broadcast of current event or bona fide review for teaching and ..... the express reference to certain provisions in section 39a rules out the application of all other provisions of the act in respect of broadcast reproduction rights which are a species of copyright and for which chapter viii constitutes a complete code. it was, thereforee, submitted that technical requirements such as the need to implead .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi283
..... is perhaps for this reason that he felt interest in btoh the parties and indeed he had actually stated in his statement that he requested shri batra to close the chapter. to his evidence, i would revert at a later stage. 5. the complaint dated 23-5-1959 received by the institute of chartered accountants of india on 27 ..... audit. it was also pointed out that the special resolution in question had been examined by the company while conducting the audit for the previous year ending 30-9-1957 and the balance-sheet and the profit & loss account for that year were signed by the company without any objection about the special resolution it was in the ..... ram, : air1937all506 it was observed that man's professional reputation is as valuable as a trader's financial reputation it being added that proceedings under s. 13, legal practitioners act though nto described as a prosecution., are something very akin to a prosecution. in emperor v. surjya narayan singh. air 1920 pat 84, a full bench of that court .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT483
..... 32) shri s. malhtora, the learned counsel for the respondents referred to the rules, dated 1st february, 1967, substituted by the delhi high court for the rules contained in chapter iv-f(b) of the rules and orders of punjab high court. volume v. the said rules which are seven in number, provide the procedure to be followed in ..... the code of civil procdure.' in that view, the learned judges held, relying upon the decision reported in a. i. r. 1956 mad 626 and a. i r. 1957 a. p. 88, that there must be separate application by every applicant for every right or claim sought to be enforced in a writ petition, and that two or ..... the co-operative housing society. land acquistion proceedings were started in respect of the said bungalows. the land acquisition officer issued ntoices under section 9 of the land acquisition act to the petitioners. the petitioners appeared before him and made their representations. the land acquisition officer had nto given his final award and yet steps were being taken .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT528
..... 1967 without a certified copy of the order sought to be appealed from. along with the memorandum of appeal, an application was presented under rule 2(b) of chapter 1 a, vol. v of the high court rules and orders and section 151 of the code of civil procedure, in which it was expressly averred that the ..... counsel for the appellant, however, said that an application for bringing on record the legal representatives of the deceased had acturlly been presented in this court on 1st august, 1957, but, for certain reasons the office had nto been able to place it for preliminary hearing before a mtoion judge, i, however, allowed the application and directed ..... us now turn to the relevant definitions. clauses (2) and (9) of section 2 define the words 'decree and judgment' in the following terms : - '2.in this act, unless there is anything repugnant in the subiect or context :- (2) 'decree' means the formal expression of an adjudication which so far as regards the court expressing it, conclusively .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi29; 1970CriLJ213; 6(1970)DLT1
..... in order to appreciate the content and scope of this rule it is necessary to discuss its salient features. 28. the rule forms part of section 1 of chapter iv which deals with investigation of charges and remand of the accused for trial. rule 14 enjoins upon every commanding officer to take care that a person under his ..... surrey justices (1870) 5 qb 466 was stated by parker, j., (as he then was), in the following words in r.v. thames magistrates' court, ex parte greendaum (1957) 55 lgr 129: 'anybody can apply for it - a member of the public who has been inconvenienced, or a particular party or person who has a particular grievance of his ..... counsel also relied on the following statement of law in halsbury's laws of england (simonds edition) vol. 11, para 268, page 142:- 'where the inferior tribunal has acted without jurisdiction certiorari to qaush the proceedings may be granted. want of jurisdiction may arise from the nature of the subject matter; so that the inferior tribunal had no authority .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi44; 6(1970)DLT473
..... section 6 deals with fees on documents filed in mofussil courts. section 4 is in chapter 2 which deals with fees in high courts and chapter 3 which contains sections 6 to 19 deals with fees in other courts and public ..... in east bengal and provided for the acquisition and development of land for public purposes including the purpose aforesaid. the act provided that compensation of land acquired there under shall not exceed the market-value of land as on december 31 ..... offices.10. sections 7 and 8 provide for computation of fees. section 8 which alone is relevant for the purpose of the argument raised before us reads as under:-'the amount of fee payable under this act ..... act, is deemed to be a decree and an appeal against that order is thereforee, an appeal from a decree.29. the view of section 8 taken by wadia, j., also found favor with a division bench of nagpur high court in crown v. chandrabhanlal air 1957 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi171
..... 16) it is clear that a statement, intimation or notice filed with the registrar of firms and recorded and noted in the register of firms under chapter vii of the partnership act is conclusive evidence of the facts stated therein against the person signing the statement etc. the argument of the learned counsel for surinder nath that the ..... was renewed from year to year. exhibit p. 8 to exhibit p. 11 are applications addressed to the income-tax officer for renewal of the registration for the years 1957-58 to 1960-61. in these applications, surinder nath and brothers have been shown as partners of the firm, ch. bhagat ram and sons, and the share ..... . (23) the next contention of the learned counsel for surinder nath was that the agreement exhibit p. i was a sham transaction and was never intended to be acted upon and that it was executed for avoiding oppressive taxation. in this connection, the learned counsel referred to certain circumstances. the first circumstance, relied upon. was that the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi632
..... all notice the situation such as the one involved in the present suit. the povisions of order v of the civil procedure code and rules 3, and 4 contained in chapter vi of the delhi high court rules were never considered by that court. that court was never confronted with the situation where the defendant stood apprised of the ..... any help from these observations made by lindley, l. j. there were some other cases also cited on behalf of defendant no. 1. one of those cases is 1957, punjab, page 223. the single bench judgment of that court is pleaded in order to bring out that a particular application to the court may or may nto ..... the application under section 34 which action he will be performing nto under the provisions of civil procedure code but in terms of the rights conferred statutorily through the indian arbitration act wherein section 34 stands by itself. with that finding i disagree with the preliminary objection raised by the learned counsel for the plaintiff. (20) that takes me .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi452
..... that he might submit, if he so desired, fresh applications for the grant of mineral concessions in accordance with the provisions of the mines & minerals (regulation & development act, 1957, and the mineral concession rules, 1960. on 5th october, 1964, the goa mineral ore exporters' association made a representation (annexure 'b') to the secretary, industries & ..... being acknowledged and verified by the mining engineer, the lease applied for may be granted, with the observance of the procedure laid down in the psent chapter.'(44) it is obvious from the official translation that the acknowledgement and verification is not stated to be a condition precedent for the filing of an ..... of the portuguese mining laws, the proprietorship of minerals as well as the rights derived from a title of manifest were transferable according to the terms of chapter vii of the said mining laws. article 60 provides that the title of manifest shall be transferred by a simple endorsement legally registered, and that- .....
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