Court : Delhi
..... is further submitted that in terms of section 71 of the ca, 1924 which is identically worded with the amended section 126 of the delhi municipal corporation act, 1957 (dmc act), the liability to pay tax would at best be for the year in which the assessment order was passed and not prior thereto. it is further submitted ..... other points are also being considered on their merits. section 64 of the ca, 1924 reads as under: "64. definition of 'annual value' for the purposes of this chapter, annual value means (a) in the case of railway stations, hotels, colleges, schools, hospitals, factories and any other buildings which a board decides to assess under this clause ..... an earlier decision in tin can manufacturing co. v. mcd 19 (1981) dlt 23 held that the disposal of objections against notices of assessment under section 126 dmc act cannot be kept pending beyond the date of the assessment of the authentication list for the following year. on this ground too, therefore, the impugned notice dated 26th .....
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..... non-exclusive license throughout the term to the company to, and to authorize third parties to, use, reproduce, publish and distribute the ihf name, the ihf logo and copyright and trade marked material owned by ihf in conformity to the format provided by ihf in accordance herewith." x x x x x x x x x x "3.4 ..... on behalf of the company. needless to say that such a power can be conferred by the board of directors only by passing a resolution in that regard. 26. chapter iv of the delhi high court (original side) rules deal with the question of presentation of suits. under this rule, suit can be presented by a duly authorised agent ..... the board of directors of the petitioner company has not passed a legally binding resolution to initiate the present proceedings against the respondent, and to authorize mr. rajput to act on behalf of the petitioner company in these proceedings. 14. the submission of the respondent is that under the subscription and shareholders agreement dated 31.12.2004, to which .....
Tag this Judgment!Court : Delhi
..... even assuming that the rules of private international law may have any role to play, the same stands overridden by the express provision of the special act which is copyright act, 1957 which speaks otherwise and entitles the plaintiff to sue at the place of its own forum. 55.8 secondly, the argument was advanced by the ..... of non obstante clause provided under section 62 (2) of the act which reads 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 ..... has drawn analogy from trade marks act, 1999 wherein the language of provision under the chapter of infringement uses the wordings "likelihood of confusion" which according to him means permitting the plaintiff to sue for future wrongs, however the as per the learned counsel no such language subsists in the copyright act and in that event of the .....
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..... f each chapter. even model test papers have been provided at the end of the books to provide the students a feel of the examination. excellent layout and design make the books visually attractive and increase readability. the books qualify for copyright protection as original literary works within the meaning of the copyright act, 1957. 93 ..... skill, labour and investment of capital, maybe it is a derivative work which gives a flavour of creativity. 17. this requirement of originality, under the copyright act, 1957, is that of expression and not of idea. in university of london press limited v. university tutorial press limited [1916] 2 ch 601, j. peterson ..... entitled to delivery up of all infringing material including plates? 8. whether the activities of the defendant fall under the concept of fair dealing under the copyright act, 1957? opd 9. relief. 5. though the respondents participated in the proceedings upto this stage and by filing the written statement and contesting the interim relief .....
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..... minority institutions under article 30 of the constitution of india. their arguments were that article 30 includes a right of administration and as per chapter xi of delhi education rules, 1973 and other provisions of the 1973 act, the notification dated 11.02.2009 cannot be slapped/imposed on the minority unaided recognized schools, as it amounts to interference in the ..... in none of the earlier cases, this court has defined the concept of reasonable surplus, profit, income and yield, which are the terms used in the various provisions of 1973 act. 15. as far back as 1957, it has been held by this court in the case of state of bombay v. r.m.d. chamarbaugwala reported in manu/sc/0019 ..... /1957 : [1957]1scr874 that education is per se an activity that is charitable in nature. imparting of education is a state function. the state, however, having regard to its financial constraints .....
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..... the landlord.23. in prithipal singh (supra) the apex court has in deep detail dealt with the object of the rent act and also the insertion of chapter iii-a; the dominant object of the amending act being that there should be a speedy, expeditious and effective remedy for special class of landlords who are contemplated under section 14 ..... the members of the family were virtually thrown on the road. it was this mischief, which the legislature intended to avoid by incorporating the new procedure in chapter iii-a. the legislature in its wisdom thought that in cases where the landlords required their own premises for bona fide and personal necessity they should be treated ..... ' courts and with the growing international law principle of restrictive immunity. for instance, in england, in rahimtoola v. h.e.h. the nizam of hyderabad and ors. (1957) 3 all e.r. 441, lord denning found that "there was no. reason why [a country] should grant to the departments or agencies of foreign governments an immunity .....
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..... , canada, etc.36. ms. singh further submits that article 19(1)(a) of the constitution of india provides the fundamental right to freedom of speech & expression. the copyright act, 1957 does not define the term fair use or fair dealing and the same should be understood keeping in mind the fundamental right to freedom of speech protected by article ..... cannot be denied the right to sing the said song in a public forum.discussion20. by virtue of section 13 of the copyright act, 1957, subject to the provisions of the said section and the other provisions of the act, copyright subsists in the following classes of works, that is to say:(a) original literary, dramatic, musical and artistic work ;(b) ..... is claimed by the defendants. it is the case of the plaintiff that its use of the said works is permitted by section 52 of the copyright act, 1957 as the law permits fair use, fair dealing and fair comment of or on, or with any literary, dramatic, musical or artistic work. the plaintiff seeks .....
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..... suit under section 134 and 135 r/w section 27(2) of the trade marks act, 1999 on the ground of passing off and under section 51 of the copyright act, 1957 for infringement of or likely infringement of copyright in artistic work, for permanent injunction, rendition of accounts and delivery against the defendant/ ..... respondents. as per the plaintiff they are the registered proprietor and user of the trademark "aarati" and the copyright involved in the said trademark ..... that the learned trial court has totally misconstrued the principles for the grant of interim injunction especially in the matters involving infringement of trademark and copyright of the author. counsel further submits that the learned trial court has not appreciated the fact that the respondent has brought out the packaging bag .....
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..... whether periodical or not, and, however described or computed, to the extent to which they are made as consideration for: (a) the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trade mark, or other like property or right; (b) the use of, or the right to use, any industrial, ..... coram: hon'ble mr. justice sanjiv khanna hon'ble mr. justice r.v. easwar sanjiv khanna, j.: revenue has preferred these appeals under section 260a of the income tax act, 1961 (act, for short) and vide order dated 8 th august, 2011 the following substantial questions of law were framed:- (1) whether learned itat erred in holding that the assessee's ..... expenses and if so, to what extent or there is any prohibition or bar for claiming a deduction under the act. this question is in built or a part of question no.3..17. business income in india is taxable under chapter iv-d profits and gains of business or profession. sections 28 to 44db are under the said heading. each .....
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..... the territorial jurisdiction..17. as the two packing materials used by the parties are different, even the plaintiff cannot take the benefit of section 62(2) of the copyrights act, 1957. therefore, the plaint is liable to be returned under order vii, rule 10 cpc because of lack of jurisdiction..18. mr. sahni did not challenge the ..... of defendant 1-3 is different from that of the plaintiff in the set up style, the colour and the packaging, thus, no question of infringement of copyright and passing off arises..10. in the written statement, it is stated that the trade name "shriram" is common to trade name and hence, publici juris and ..... of the plaintiff. (c) it is further submitted that the "shriram" trade mark is registered in class-5 of the goods mentioned in the schedule 4 of the trade marks act, 1999 for "shriram cartap", "shriram gold", "shriram ace 75", "shriram" (logo) , "shriram rakshak" , "shriram attack" , "shriram badshah", "shriram buta 50" , "shriram carzeb", "shriram dart", " .....
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