Court : Mumbai Aurangabad
..... . it is contended that behind back of the association, in the year 2001, the defendant got registered aforesaid title and monogram under the copyright act, 1957 (hereinafter referred to as act of 1957? for short) in is own name and he has shown himself as owner of the title and monogram. it is the case of ..... while considering the object behind provision of section 62 of the act 1957. section 62 of act 1957 is 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 this act shall be instituted in the district court having jurisdiction. ( .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to reproduce herein below the provisions of section 62 of copyright act 1957 and provisions of section 134 of the trade marks act 1999. 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 ..... proprietor and the registered user. the supreme court in the case of expharsa and anr (supra) had occasion to interpret the provisions of section 62 of the copyright act 1957 and also the provisions of section 20, order vii rule 11 of c.p.c. while interpreting the provisions of section 62 vis-a-vis the provisions ..... are reproduced in para 7 of the affidavit in reply filed by respondent no.1 and submitted that, the prayers are for infringement under the copyright act 1957 and the trade marks act 1999. it is submitted that the parliament was fully aware of the mischief played by the persons like the present applicants as well as the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... under the provision of order 7 rule 11 of the civil procedure code in the suits filed by the present appellant in respect of its rights under the copyright act 1957 and under the trade marks act 1999. respondents, defendants of both the proceedings had filed applications for rejection of the plaint and these applications are allowed. 3. the plaintiff is ..... law needs to be kept in mind to ascertain as to what are the material facts for case filed for infringement of rights given under copyrights act 1957 and the trade marks act 1999. in the two suits, the appellant/plaintiff has claimed relief of injunction. provisions of sections 36 to 38 of the specific relief ..... be seen. the relevant provision is section 38(1) and (3) of the specific relief act and it runs as under:- 38. perpetual injunction when granted. (1) subject to the other provisions contained in or referred to by this chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 ..... is whether that dispute comes within the category of disputes covered by section 60 (1) of the travancore-cochin cooperative societies act, 1951. the purpose of chapter xiii of the travancore-cochin cooperative societies act 1951 the chapter in which section 60 (1) occurs is not to resolve all controversies touching the business of co operatives societies under the ..... be resolved in an ordinary court of law. in other words, the arbitration provided by chapter xiii is an alternative to the normal processes of the ordinary courts and not to the extraordinary process of adjudication under the industrial disputes act, 1947, which has been designed to deal with controversies which by their very nature are .....
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