Court : Delhi
Reported in : 1995IVAD(Delhi)990; 61(1996)DLT281; 1995(35)DRJ522
..... stand that what was being sought for by the plaintiffs was enforcement of 'author's special right' within the meaning of section 57(1)(b) of the copyright act,1957. the following is the extract of paragraph 7:- '7. at the time of hearing, the learned counsel for the plaintiffs has taken a very specific stand ..... cause of action for filing the suit under section 62 of the copyright act. section 62 reads as follows:- '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 ..... seen that sub-section (1) of section 62 states that every suit or other civil proceeding arising under this chapter in respect of infringement of copyright in any work or infringement of any other right conferred by the act shall be instituted in the district court having jurisdiction. sub-section (2) of section 62 includes, in the .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ485
..... avowed object of securing recovery of money at the earliest, avoiding cumbersome procedures. 21.3 i may hasten to add that the modes of recovery prescribed by chapter v are to be read in addition to modes of recovery which would be available to the creditor institutions under the substantive law on mortgage contained in the ..... by distraint and sale or movable property of a defendant in the manner laid down in third schedule of the income tax act 1961. 21.2 a perusal of the several provisions contained in chapter v goes to show the object and intention of the legislature is to secure recovery of money due to the banks and financial ..... `the limited purpose of understanding the background and the antecedent state of affairs leading up to the legislation.' similarly in pannalal binjraj v. union of india, : [1957]1scr233 a challenge to the validity of classification was repelled placing reliance on an affidavit filed on behalf of the central board of revenue disclosing the true object of enacting .....
Tag this Judgment!Court : Delhi
Reported in : 1996(38)DRJ51
..... that the defendant had acquired a proprietory right long before 24.6.92. it is alleged in the written statement that the remedy for the plaintiffs is under the copyright act, 1957, a civil remedy available in the original civil courts under section 9 civil procedure code . and in the instant case the remedy is before the subordinate judge in the union ..... of a label with the device mark appearing thereon which constitutes an original artistic work within the meaning of section 2(c) of the copyright act, 1957 and the plaintiff no. 1 is the owner .of the copyright therein.'it is asserted by the plaintiffs that the defendant was permitted to use the trade mark ao/asif and the device mark in ..... 30 rpc 58 ca. 7. t. oerti ag. vej. bowman (london) ld., page, w. & coy. (turmix sales) ld., h.g.h. fransworth, s.s. pames and f.a.marlow (1957) rpc 388. 8. lissen ld. v mutton (sued as wholesale components company (1929) 46 rpc 11. 9. i. batt and co., 15 rpc 262. 10. aktiebolaget . and another air 1971 .....
Tag this Judgment!Court : Delhi
Reported in : 1997(1)ARBLR30(Delhi); 64(1996)DLT539
..... mr. ajay sahni brought to my notice the claims in the plaint and also the claims in the written statement. he referred to section 2(0) of the copyrights act, 1957. he made a close comparative study of volume iv and living science and volume iv of human science and the other volumes of the plaintiffs and the defendants. he ..... and ors. : [1979]1scr218 are extracted by me. mr. bansal learned counsel for the defendants referred to section 19 of the copyright act, 1957. that section reads as under: '19.mode of assignment-(1) no assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent. (2) ..... copying took place as is shown by similarities with regard to the plan - that means the plan of the books, the scheme of the book; that the opening chapters and various passages appearing in mr. well's book are mere colourable alterations of 'the web;' that there are certain phrasal identities and similarities, and there are certain .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1997)(89)ELT712TriDel
..... case.5. in this respect, it would be worthwhile to cite from shri s.n.dokania's book on 'appeal, revision, reference and writs under direct taxes': in chapter 4 para 44 regarding referable question of law, it is mentioned therein that the tribunal is obliged to refer only a question of law which calls for investigations, examination, ..... . achar v. madras state, [(1954) 1 m.l.j. 102 : a.i.r. 1954 mad. 563] reservation of seats to particular communities under the madras city municipalities act (act 4 of 1919) was questioned as unconstitutional, being opposed to the provisions of arts. 14 and 15 of the constitution. one of the grounds upon which the bench consisting of ..... high court in terms of question raised by them. he also relied on the ratio of the following judgments :shree meenakshi mills ltd. v. commissioner of income-tax - air 1957 sc 49;commissioner of income-tax v. scindia steam navigation co. ltd. - air 1961 sc 1633;commissioner of income-tax v. m/s. chander bhan harbhajan lal - air .....
Tag this Judgment!Court : Delhi
Reported in : 1996(38)DRJ81
..... . d 601. it cannot be doubted that an examination question paper is a literary work' within the meaning of section 13(1)(a) and section 2(0) of the copyright act, 1957. la agarwala publishing house khurja's case ( supra) it has been held by w. brown j: 'examination question papers are 'original literary works' within the meaning of ..... each of the persons who have contributed to the said examination paper. 4.1 section 52(1)(a)(i) and section 52(l(b)(iii) of the copyright act, 1957 confer upon the defendant a complete defense inasmuch as they have been using the board examination papers as a part of their several works and books in various forms ..... question papers prescribed for class x and xii examinations being conducted year tyear from 1990 onwards by defendant no.3 and thereforee is the owner of the copyright under section 54 of the copyright act 1957. no one other than the plaintiff could publish, print, reprint, reproduce sell or offer for sell in any form the past years' question papers .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIIAD(Delhi)385; 64(1996)DLT447
..... - 'minda', alleged to have been duly registered at no. a-47612/85 under the indian copyright act, 1957, filed a suit under sections 105 & 106 of the trade and merchandise marks act, 1958 as well as under section 55 of the indian copyright act,1957 for the relief of permanent injunction and rendition of accounts etc. against the defendant named above. ..... courts have territorial jurisdiction to try the suit? 3. whether plaintiff is entitled to relief of rendition of accounts? 4. whether defendant has infringed the trade mark and copyright of the plaintiff? if so, its effect? 5. whether defendants have passed off their goods as those of the plaintiff, as alleged? if so, its effect? ..... for amendment of plaint has arisen out of circumstances which happened after the filing of the suit i.e. subsequent assignment of the trade mark and the copyright by the plaintiff in favor of m/s. minda industries ltd. as a result of the proposes amendment there is no alteration in the fundamental/basic character .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)713; 66(1997)DLT683
..... property including the suit property stood purchased by shri raja ram under sale certificate dated 21.9.1962 w.e.f. 19.6.1957 and that on 11.1.1965 shri raja ram executed a will subsequent to which raja ram died on 20.3.1969. ..... property in public auction on 8.2.1952 to shri raja ram vide sale certificate dated 21.9.1952 effective from 19.5.1957. the military land register maintained by defendant no. 10 under the cantonment land administration rules, 1937 contains the aforesaid details. raja ..... respect of the said property. the aforesaid position is clear and apparent when reference is made to the provisions of the hindu succession act, particularly sections 4 & 8 there of which provide for statutory succession. i can do no better than to refer to the ..... according to the provisions of chapter ii and class i of the schedule provided that if there is a male heir of class i then upon the heirs mentioned in class i of the schedule. in interpreting the provisions of the act it is necessary to bear .....
Tag this Judgment!Court : Delhi
Reported in : 1997(42)DRJ231
..... author of the work has not been made a party. the plaintiff is not the exclusive license of the alleged copyright owner and thereforee not competent to file the present suit, particularly within the provisions of the copyright act. the plaint does not explain the circumstances in which m/s living and learning cambridge) limited acquired the ownership ..... distributed by the plaintiff for the first time in india and the same are original artistic work within the meaning of section 2(c) of the copy right act, 1957. the copy right subsists therein of which the plaintiff is the exclusive licensee for the territory of india. consequently, the plaintiff has the exclusive right to ..... the said artistic works without the consent or permission of the plaintiff or makes reproduction or sells or offers to sell the same, would infringe the plaintiff's copyright. the 'whatever next' game is extremely popular with the children due to the fact that it encourages all the members of the family to get involved, .....
Tag this Judgment!Court : Delhi
Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36
..... rs. 39,300.00 for fire protection measures. ex. p.21 is the assessment order under the wealth tax act in the name of the plaintiff. ex. p.23 is the order u/section 18(1) of the wealth tax act, 1957 which shows the agreement between the plaintiff and skipper sales pvt. ltd. ex. p.24 is the endorsement u ..... /section 16(1) of the wealth tax act from the income tax department to the plaintiff which shows that the plaintiff was assessed as ..... to the learned counsel, the committee had not considered the applicability of section 19 of the specific relief act, 1963. that section reads as under: '19.relief against parties and persons claiming under them by subsequent title - except as otherwise provided by this chapter, specific performance of a contract may be enforced against - (b) any other person claiming under him .....
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