Judgment Search Results Home > Cases Phrase: press and registration of books act 1867 section 12 penalty for printing contrary to rule in section 3 Page 1 of about 66 results (0.167 seconds)

A.Kamaraj Vs. the Secretary of Tamil Nadu Legislative Assembly

Court : Chennai

..... the learned counsel for the petitioner relied upon the decision in re : g.alavandar (air 1957 madras 427) to highlight the object of section 3 of the press and registration of books act, 1867, which requires the name of the printer and publisher to be printed on every book or paper. ..... if the said rule is applied to section 7 of the press and registration of books act, 1867, it would be clear that the expression "any legal proceedings whatever" is followed by the words "civil as well as criminal". ..... the custody of such declaration, or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor shall be held (unless the contrary be proved) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, or printed on such newspaper, as the case may be that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every newspaper whereof the ..... the question arose in the context of a show cause notice issued under the act for the imposition of penalty, after the expiry of a period of six months from the accrual of the cause of action. ..... similarly, the penalties under sections 162, 168, 218, 232, etc. .....

The Andhra Pradesh Paper Mills Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... to the notification, newsprint is paper of a kind (a) intended for the printing of newspapers; and (b) manufactured by a manufacturer of newsprint specified under schedule i of the newsprint control order, 2004 and supplied against a purchase order placed upon such manufacturer by a newspaper which is registered by the registrar of newspapers for india under the provisions of the press and registration of books act, 1867 (25 of 1867). ..... the appellants removed the newsprint in ree1s at nil rate of duty as applicable under chapter sub-heading 4801.00 of the central excise tariff act, 1985.chapter sub-heading 4801.00 reads as "newsprint in rolls or sheets".according to the revenue, 'newsprint in rolls or sheets' only is covered under csh 4801 ..... definition of 'roll' in is 4661:1999 reads as follows: roll (a) a continuous sheet of paper or paper board wound up around a core or a shaft, usually to specified diameter and width to best suit subsequent finishing and converting operations, (b) a rotating cylindrically shaped, solid or hollow structure made from a variety of materials. ..... the commissioner dropped the demand of duty and imposition of penalty and interest, he ordered classification under 4823.90. ..... the impugned order is contrary to the orders passed in other commissionerates in the country in identical ..... 32/2005-ce(nt) dated 22.08.2005 under section 11c directing that no excise duty was required to be paid on newsprint in reels cleared during the period from 01.03.1988 to 08.07. .....

Rupendra Kashyap Vs. Jiwan Publishing House (P) Ltd. and ors.

Court : Delhi

Reported in : 1994IAD(Delhi)1; 1994(1)ARBLR156(Delhi); 53(1994)DLT166; 1994(28)DRJ286

..... counsel's attention to the provisions of press registration act section 18(14) of the press and registration of books act, 1867, clearly states that particulars of all books printed in india have to be filled-in the 'catalogue of books'. ..... (26) the form and content of the question paper which is on record of this court, is something which is registerable under section 18(14) of the press and registration of books act, 1867, and a claim of copyright is required ..... area, new delhi - 110015, and that this should be sufficient compliance with sub-section (14) of section 18 of press and registration of books act. ..... view of the copyright act and in view of the press and registration of books act, 1867 and in view of article iii of copyright convention revised at paris in 1971, in my view, it is essential that for copyright to exist, there must be compliance with the requirements of the statute and claim to copyright made upon the copyrightable matter before any action in copyright can be sustained, and perfected by statutory remedies ..... been filed, in which it was stated that the central board of secondary education is a society registered under the societies registration act, and that it could sue and be sued in the name of its general secretary, that one of the aims and objects of the society was book publishing, and specifically academic books. ..... instant suit, does not disclose any cause of action, and as such is liable to be rejected under order vii rule 11 of the code of civil procedure. .....

G. Krishna, Editor and Publisher of neti Prapancham and Yuva Sanchalan ...

Court : Andhra Pradesh

Reported in : AIR2003AP121; 2003(1)ALD256

..... in case the respondents feel that there is pornographic literature or any other material which is against the pubic, they can avail the remedies under the press and registration of books act, 1867 and press council act, 1978, which envisages the remedies for making a compliant.7. ..... in support of his contention, the learned counsel has relied upon sections 5, 8, 8-a and 8-b of the press registration and books act 25 of 1867 which mandates that every publisher has to file a declaration according to the said enactment. ..... section 14 of the act makes it clear that a complaint has to be lodged to the press council under section 14 of the act and the press council has to act in accordance with the powers under the said section.9. ..... section 8 of the press council of india act, 1978 deals with the committees of the council and the powers and functions of the council are contained under section 13(2) of the press council act, 1978. ..... as per sub-clause (b) of section 13(2) of the said act, the council has to maintain and improve the standards to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards. ..... (2) without prejudice to the provisions contained in sub-section (1) of section 6, where there is an order of forfeiture under sub-section (1) in respect of any publication, it shall be lawful for any police officer to seize the same wherever found in the territories to which this act extends.' 14. .....

Commissioner of Income-tax Vs. Vasan Publications P. Ltd. and anr.

Court : Chennai

Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)

..... "in section 2(aa) of the delivery of books and newspapers act, 1954, the expression is defined as follows :"'newspaper' means any printed periodical work containing public news or comments on public news published in conformity with the provisions of section 5 of the press and registration of books act, 1867. ..... for the assessment year 1969-70 (year ending december 31, 1968), the income-tax officer allowed depreciation on the plant and machinery employed by the assessee in his printing press at the rate of 10% as provided for under no.2 of item iii (iii) of part i of appendix i of the income-tax rules, 1962.17 ..... 6 of 1898) reads as under :"(1) the central government may make rules providing for the registration of newspapers for transmission by inland post as registered newspaper. ..... with respect, i think, this quest for an outside definition for an inside expression in the income-tax rules is not called for; dictionaries are notoriously diffuse, some of them only handmaids for crossword puzles setters. ..... "ananda vikatan", "kumudam" and "kalkandu", are newspapers and as such depreciation admissible for newspaper production plant and machinery is 10% (vide n.clause 2 of item iii(iii) of part i of appendix i of the income-tax rules, 1962). ..... in other countries, notably the western democracies, the press is considered a fourth estate, independent, free, responsible, with all other institutions of power within the society for the public order, but not officially a part of the ruling authority. .....

Times Publishing House Ltd. Vs. the Financial Times Ltd.

Court : Karnataka

Reported in : ILR1994KAR2068; 1995(1)KarLJ219

..... on 23-7-1990 the registrar of newspaper for india issued a certificate under the press and registration of books act, 1867 (hereinafter referred to as the 'prb act') registering the title of the newspaper 'financial times' to be published by the appellant company. ..... it also provided to obtain a new declaration in the event of change of title of any newspaper or its language or the ownership and the place of printing.under section 6, each of the two originals of every declaration so made and subscribed shall be authenticated by the signature and official seal of the magistrate before whom the said declaration shall have been made.under section 7, the office copy of the declaration considered to be a prima facie evidence.section 15 deals with penalty for printing and publishing newspaper without conforming to rules. ..... under section 11(b) there is a prohibition of registration of a mark the use of which would be contrary to any law for the time being in force.section 12 prohibits the registration of identical or deceptively similar trade marks.section 46 provides removal from register and imposition of limitations on ground of non-use.under section 111 in a suit for infringement of a trade mark if the defendant pleads that the registration of the plaintiff's trade mark is invalid; or he raises a defence under clause (d) of sub-section (1) of section 30 and the plaintiff pleads the invalidity of the registration of the defendant's trade mark .....

Abdul Hakim Vs. State

Court : Allahabad

Reported in : AIR1960All450; 1960CriLJ1037

..... aman ullah has been convicted by the courts below under section 7 of the indian copyright act and both the applicants have been convicted under section 12 of the press and registration of books act. ..... ullah applicant in the companion case has been convicted through the same judgment under section 7 of the copyright act and section 12 of the press and registration of books act.2. ..... applicant, who has been convicted under section 12 of the press and registration of books act, is the manager, printer and proprietor of asrar karimi press in allahabad. ..... conviction under the press and registration of books act is based upon the fact that the primer of the rahmat-e-islam series does not bear the names of the printer and the publisher.4. ..... das, 10 cri lj 195 (lah), it was observed that the name of the printer as such and the name of the publisher as such must be printed and that 'printed in hindustan steam press, lahore, for the manager x under the superintendence of y printer' was not enough. ..... it is section 5 that regulates the act of publishing; it reads as follows :'no newspaper shall be published in the states, except in conformity with the rules hereinafter laiddown ..... , air 1937 bom 28, a division bench took a contrary view but without any discussion. ..... section 12 lays down that 'whoever shall print or publish any book.....otherwise than in conformity with the rule contained in section 3.......shall, on conviction before a magistrate, be punished by fine.......or by simple imprisonment.' .....

Kishan Narayan Vs. the State

Court : Rajasthan

Reported in : AIR1958Raj350

..... this is a revision application by one kishan narayan, owner of a printing press in jodhpur, against his conviction under section 12 of the press and registration of books act, 1867, for a breach of section 3 of the act.2. ..... the only question for determination in this case is whether a leaflet, which has been held by both the courts below to have been printed in the press of the applicant, is a book within the meaning of the press and registration of books act, 1867, as it stood in 1952.questions of fact cannot be gone into in revision in the face of concurrent finding of facts by the two courts below. ..... in that case it was held that a notice announcing holding of a public meeting to oppose the transfer of a deputy commissioner was neither a book, nor a paper within the meaning of the press and registration of books act, 1867.it was laid down that the word 'paper' was intended to cover all those papers which could not be defined as 'books', or 'newspapers'; but which had historical, cultural or literary value.4. ..... i am accordingly satisfied that the leaflet in question is a pamphlet and is therefore a book within the meaning of the press and registration of books act, 1867. ..... section 3 lays down that every book or paper printed within india shall have printed legibly on it the name of the printer and the place of printing. .....

Haji C.H. Mohammad Koya Vs. T.K.S.M.A. Muthukoya

Court : Supreme Court of India

Reported in : AIR1979SC154; (1979)2SCC8; [1979]1SCR664

..... the presumption under section 7 of the press and registration of books act undoubtedly arises, but in a charge under section 123(4) of the representation of the people act the presumption under section 7 of the press and registration of books act, 1867 would come with greater or less force, according to the circumstances to the aid of a person claiming that the editor was responsible for the publication and that the publication was to the knowledge of editor.granting that there was close association between mishra and shukla and even granting that mahakoshal was exclusively carrying ..... sub-rule (2) of rule 8 of the rules made under the press act runs thus :every copy of every newspaper shall have printed legibly on it the names of the printer, publisher, owner and editor and the place of its printing and publication in the following form : printed by...and published by...on behalf of... ..... by the seal of some court empowered by this act to have the custody of such declarations, or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor shall be held (unless the contrary be proved) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, or printed on such newspaper as the case may be that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration .....

Sumangal Press Private Ltd. and ors. Vs. the Municipal Corporation of ...

Court : Mumbai

Reported in : AIR2005Bom291; 2004(4)ALLMR578; 2004(6)BomCR579; 2004(4)MhLj465

..... appears to have been maintained by the legislature.thus, in the press and registration of books act 1867 a 'book' is defined as follows:'book' includes every volume, part or division of a volume and pamphlet, in any language and every sheet of music, map, chart or plan separately printed' -(section 1)the same act defines 'newspaper' as follows:'newspaper' means any printed periodical, work connected public news or comments of public news' -(see section 1).section 9(2) of the indian post offices act 1898 is as follows:'for the purpose of such registration, every publication consisting wholly or in great part of political or other ..... under the said octroi rules, octroi is leviable at the rate of 1.1/2 % on ad valorem value on all books and periodicals except the text books. ..... it appears that kalyan municipal corporation has not framed any octroi rules and the levy of octroi on the goods and articles is made from 1st april 1994 under maharashtra municipalities (octroi) rules, 1968. ..... schedule ii part i of the octroi rules gives the list of goods on which octroi shall not be payable to any council. ..... 3 declining to grant exemption from octroi duty to the petitioners' publication 'kalnirnaya' under schedule ii part i of maharashtra municipalities (octroi) rules 1968.4. .....