Court : Delhi
..... district magistrate, a sub-divisional magistrate, a commissioner of police or any other officer notified in the official gazette by the central or the state government; (vi) that rule 7(9) of the ctn rules is in direct contravention of section 62(1) of the copyright act whereunder determination of infringement of copyright can only be made by a district court as well as in contravention of section 134 of the trade marks act, which also cs(comm) no.1484/2016 page 7 of 21 states that no suit for infringement and passing off of a ..... the amended plaint has amended the title of the suit as under: suit seeking restraint of groundless threats of legal proceedings under section60of the copyright act and section142of the trade marks act and declaration of non-infringement of copyright, defamation, ..... the counsel for the plaintiff then seeks adjournment to consider amending the plaint to challenge the code aforesaid as well as rule 7(9) of ..... restraining the mrf from issuing groundless threats to plaintiff with liability to causing confusion i.e passing off; ii) a direction to asci to amend its code for self-regulation; iii) revocation of ctn rules or amendment of rule 7(9) thereof, have also been added in the amended plaint.6. ..... the plaintiff thereafter applied for amendment of plaint and which was ..... as far as the relief in the amended plaint, of impugning ctn rules is concerned, the said rules being statutory in character, the challenge if any thereto can, as per the roster of this court, be .....
Tag this Judgment!Court : Kolkata
..... observed, the second proviso to section 33 (3a) was introduced by the copyright (amendment) act 2012 that would oblige every copyright society already registered to get itself registered within the time specified. ..... on june 21, 2012 the copyright (amendment) act 2012 came into force by which section 33 (3a).second proviso came into existence that would require all copyright societies to have re-registration under ..... he would contend, by the copyright (amendment) act 2012 sub-section3a was introduced to section 33 that would provide renewal of registration of the society who was already granted registration under ..... restraining the respondent no.5 from in any manner interfering with the running of the business of the respondent no.4 in the usual cours.pending re-registration under the copyright act, 1957 as amended. ..... the respondent no.5 from insisting upon submission of a declaration as to royalty which is required to be submitted in case of renewal of registration as per rule 47 (3) of the copyright rules, 2013 and not for the purpose of re-registration of the respondent no.4. ..... in short, he would object to the insistence of the central government in the notice dated may 24, 2013 wherein the central government asked for compliance of rule 47 (3).mr.mitra would suggest, such issue was a pure question of law and the observation of his lordship that the suit was a collusive one, ..... was rather an attempt to stall the measures that the central government had started taking against the society. .....
Tag this Judgment!Court : Delhi
..... -five per cent of the amount calculated at the percentage, on the written down value of such assets, prescribed under this act immediately before the commencement of the taxation laws (amendment) act, 1991:][provided also that the aggregate deduction, in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets or know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to the ..... in a business of running it on hire for tourists; or(ii) outside india in his business or profession in another country; and(b) any machinery or plant if the actual cost thereof is allowed as a deduction in one or more years under an agreement entered into by the central government under section 42:][provided further that where an asset referred to in clause (i) [or clause (ii) or clause (iia)], as the case may be, is acquired by the assessee during the previous year and is put to use for the purposes of business ..... the assessing officer is erroneous and prejudicial tothe interest of the revenue which was not so in the case at hand; that nomaterial was available on record to enable the commissioner to exercise thepower under section 263 of the act to reach a conclusion that the samewarranted a further enquiry; that the claim put forth by the assessee fordepreciation on the goodwill was on the foundation that it has paid the saidamount to its various bottlers for marketing .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)
..... copyright (amendment) act, 1999 shows that copyrights with regard to the data work, data basis, computer work etc. ..... we agree with the finding of the learned single judge that section 70 of the information technology act is not unconstitutional, but, while interpreting section 70 of the information technology act, a harmonious construction with copyright act is needed and copyright of it government work is also protected under the copyright act and remedy provided under the copyright act can be availed by the parties, if their copyright is infringed even in respect of it work. ..... work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained in section 34 of the specific relief act, 1963 (47 of 1963), institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit --(a) ..... appellant/petitioner approached this court for declaring that section 70 of the information technology act, 2000 (hereinafter referred to as 'the act') is unconstitutional and unenforceable and also for issuance of a writ of certiorari to quash ext.p10 notification issued by the government of kerala under sub-section (1) of section 70 of the act (central act no. .....
Tag this Judgment!Court : Delhi
..... five per cent of the amount calculated at the percentage, on the written down value of such assets, prescribed under this act immediately before the commencement of the taxation laws (amendment) act, 1991:] [provided also that the aggregate deduction, in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets or know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to the ..... in a business of running it on hire for tourists; or (ii) outside india in his business or profession in another country; and (b) any machinery or plant if the actual cost thereof is allowed as a deduction in one or more years under an agreement entered into by the central government under section 42:] [provided further that where an asset referred to in clause (i) [or clause (ii) or clause (iia)], as the case may be, is acquired by the assessee during the previous year and is put to use for the purposes of business ..... vehicle", "light motor vehicle", "medium goods vehicle", "medium passenger motor vehicle", "maxi-cab", "motor-cab", "tractor" and "road-roller" shall have the meanings respectively as assigned to them in section 2 of the motor vehicles act, 1988 (59 of 1988):] [provided also that in respect of the previous year relevant to the assessment year commencing on the 1st day of april, 1991, the deduction in relation to any block of assets under this clause shall, .....
Tag this Judgment!Court : Mumbai
..... pertinently, the statement of objects and reasons accompanying the bill to this amendment act in clause 3(v) states that the source of the power of the central government be adequately modified so as to take immediate corrective measures in the interest of security, sovereignty and ..... the programmers and the cable operators themselves are not aware of their rights, responsibilities and obligations in respect of the quality of service, technical as well as content-wise, use of material protected by copyright, exhibition of uncertified films, protection of subscribers from anti-national broadcasts from sources inimical to our national interest, responsiveness to the genuine grievances of the subscribers and a perceived willingness to operate within the ..... operator (mso) to provide cable television network services with digital addressable system in the cities/areas/towns of the state of maharashtra sir, i am directed to refer to this ministry's letter no.9/52/2012-bpandl dated 29,06.2012 vide which mso permission was granted to you for a period of ten years for operating in the das in the cities/areas/towns of the state of maharashtra. 2. ..... issued and addressed to the petitioner which was received on 6th july, 2015, copy of which is at annexure-d, cancelling this registration and the contents thereof read as under: no.9/52/2012-bpandl government of india ministry of information and broadcasting room no.116, ?a: wing, shastri bhawan, new delhi **** dated this 26th june, 2015 to m/s. .....
Tag this Judgment!Court : Mumbai
..... cent of the amount calculated at the percentage, on the written down value of such assets, prescribed under this act immediately before the commencement of the taxation laws (amendment)act, 1991 (2 of 1991): provided also that the aggregate deduction, in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets or know how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to ..... 29] there has been amendment to the national highway act, 1956 and by the amendment act 26 of 1995 several provisions have been inserted in the act and for enabling the central government to enter into a agreement with any person in relation to the development and maintenance of the whole or part ..... of running it on hire for tourists; or (ii) outside india in his business or profession in another country; and (b) any machinery or plant if the actual cost thereof is allowed as a deduction in one or more years under an agreement entered into by the central government under section 42: provided further that where an asset referred to in clause (i) or clause (ii) or clause (iia), as the case may be, is acquired by the assessee during the previous year and is put to use for the purposes of business ..... above material was placed before the division bench of allahabad high court which decided income tax appeal no.316 of 2011 on 8th november, 2012 (commissioner of income tax v/s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638
..... the provisions with respect to copyright societies are contained in chapter vii of the act which in its present form was introduced by the copyright (amendment) act, 1994. ..... any association of persons, whether incorporated or not, comprising seven or more owners of copyright (hereinafter referred to as 'the applicant') formed for the purpose of carrying on the business of issuing or granting licences in respect of any class of works in which copyright subsists or in respect of any other right conferred by the act may file with the registrar of copyrights an application in form ii-c for submission to the central government for grant of permission to carry on such business and for its registration as a copyright society. ..... sub-section (2) of section 33 provides for that any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the registrar of copyrights who shall submit the application to the central government. ..... to the interests of the authors and other owners of rights under this act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: provided that the central government shall not ordinarily register more than one .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad119
..... refers to, a speech made by him in the legislative assembly, while piloting-the bill and says that the legislation is not an encroachment on copyright act, that the state government has asked the central government to amend the copyright act to the extent necessary, that people who want to earn quick money through video sets may go to court, that the orders passed by the ..... court so far appear to uphold the stand of the state, that the, courts have not granted stay of the operation of the act as prayed for by ..... the petitioner, that persons owning video libraries have gone, to court and obtained stay of operation of some of the provisions of the act ..... may amount to contempt, we have to hold that in this case respondents 1 and 2 who are quite aware of the pendency of the writ proceedings questioning the validity of act 7 of 1984, have given expression to their opinion justifying the legislation which is likely to interfere with the course of justice even though they have not intended the same to .....
Tag this Judgment!Court : Chennai
..... mr.prasad, learned counsel for the petitioner has invited our attention to the brief history of levy of tax on films and historical background of the constitution 46th amendment act, 1982 inserting clause (29a) to article 366 of the constitution to impose tax on the transfer of right to use any goods , thereby to avoid tax evasion by devices by way of lease adopted by the producer and the ..... thus the issue relates to the temporary transfer or permitting the use or enjoyment of copyright, except the rights covered under sub-clause (a) of sub-section (1) of section 13 of the indian copyright act for the period from 1.7.2010 to 31.06.2012 and the period from 01.4.2013 onwards since the levy of service tax on copyright services (section 65(105)(zzzzt) is revived from 1.4.2013 with the exception of section 13(1)(a) or cinematograph films for exhibition in a cinema hall or a cinema theatre ..... was further submitted that insofar as inter-state sales are concerned, section 2(g) of central sales tax act has been amended by finance act,2002 inserting various clauses of deemed sale in terms of article 366(29a). ..... the definition of business support service has been amended in 2011 by means of a circular bearing no.148/17/2011-st dated 13.12.2011 (bearing f.no.354/27/2011-tru) issued by the central board of excise and customs, new delhi to include operational or administrative assistance in any manner in its ..... from 2002, parliament has amended central sales tax act to widen definition of ".sale .....
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