Court : Andhra Pradesh
Reported in : AIR1959AP530; 1959CriLJ1141
..... 4 who was declared the keeper and proprietor of the press under section 4 of the press and registration of books act (act xxv of 1867). 4. ..... by the seal, of some court empowered by this act to have the custody of such declarations, shall be held to be sufficient evidence that the said person was printer or publisher, or printer and publisher as the case may be section 13 of the act prescribes the penalty tor keeping a press without' making the declaration required by section 4 and is as follows: 'whoever shall keep in his possession any such press as aforesaid, without making such a declaration as is required by section 4 of this act, shall, on conviction before a magistrate, be punished by fine not exceeding two thousand rupees, or by simple imprisonment for a term not exceeding six months or by both. ..... and under the special laws contained in the press and registration of books act (act xxv of 1867). ..... before dealing with the merits of the complaint and the evidence in support thereof, it would be necessary to notice the relevant provisions of the press and registration of books act, 1867 (act xxv of 1867) section 3 of the act runs as follows: 'every book or paper printed within the states shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) the name of the publisher and the place of publication. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj278; (1964)0GLR825
..... this conclusion is supported by the provisions of section 13 which provides for penalty for keeping a press without making a declaration required by section 4. ..... according to her, the press was run by her under a declaration made by her as the keeper and owner thereof under section 4 of the press and registration of books act, 1867, and her brother the said shantilal acted as her manager. ..... the title and the preamble of the act show that the act was passed for regulating printing presses and news papers, for the preservation of copies of every book and newspaper printed in india and for the registration at such books and newspapers. ..... but as the work of the press entailed going often to government offices, she allowed shantilal to make a declaration under section 4 of the act in his own name as the keeper, although in fact she was the owner and in actual possession of the printing press. ..... section 4 of the act, with which we are mainly concerned in this petition, provides that no person shall keep in his possession any press for the printing of books or papers who has not made and subscribed a declaration therein set out, and the declaration therein set out indicates that what has to be declared is that the declarant is in actual possession of the press at the time of making the declaration. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)1; 1994(1)ARBLR156(Delhi); 53(1994)DLT166; 1994(28)DRJ286
..... (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 to be registered there under. ..... i think that in 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. ..... the submissions of the counsel regarding berne convention that there are no formalities required for claim to copyright is' not acceptable, as when no claim has been recorded, and no claim of reservation of copyright in printed matter would amount to a disclaimer of copyright (25) in my view there is no difference between a brochure in which a copyright is not claimed, and examination paper in which there is no claim of copyright. ..... (27) the copyright act prescribes no form for claiming copyright, and does not make the registration obligatory. .....
Tag this Judgment!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. ..... the magazine of neti prapancham was registered under the press and registration of books act, 1867 with registration no. ..... 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. ..... it is stated in the affidavit that on 7.9.2000, all of a sudden respondents 2 and 3 visited the shops, namely, jai durga book stall and jai bhavani book stall in the premises of mahatma gandhi bus station and asked the vendors to stop the sale of some of the spurious magazines and in that process, they asked to stop the said of the magazines that are being published without authorisation from the competent authority though the vendors have brought to the notice of the respondents ..... clause (3) of section 13(2)of the act gives power to the council to keep under review the development which is likely to restrict the supply and dissemination of news of public interest and importance. .....
Tag this Judgment!Court : Chennai
Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)
..... but so far as the requirements of the press and registration of books act, 1867, are concerned, the above interpretation has been rendered otiose, by the insertion of the definition of "paper" in section 1(1) of the act by the amendment of 1955, which says :"'paper' means any document, including a newspaper, other than a book."51. ..... therefore, it has become necessary now to consider whether these three publications, when once having been so declared as publications under the relevant provisions of the enactment concerned, are to be considered as newspapers or not is the point that confronts us. ..... it was further submitted that in the original assessments made for the first four years, the income-tax officer had considered the issue and had correctly granted depreciation at the rate of 10% and since all the facts were available to the income-tax officer while original assessments, there was making the original assessments, there was no jurisdiction to revise the said assessment. ..... my plea, therefore, is to take the words as we find them in the relevant tatutory instrument, without strain, especially when the word are in common peech and there is nothing to indicate that any special meaning at all intended.96. ..... one will be an executive for promotion who keeps his newspaper in the public eye both as a bid to new subscribers and new advertisers, and one an executive, who sells and distributes the finished product. .....
Tag this Judgment!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 ..... 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 ..... as the case may be, and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 131, be deemed to be the date of registration.a duty is cast on the registrar of trade marks to cause a search or see whether the application meets the requirements of the various statutory provisions.25, the conclusion that would emerge under the press act is that 'printing' and publishing' are two distinctive features ..... as to how the authorities are keeping this application pending for a period of more than six years and therefore, the contention of the appellant that the very registration is questionable and doubtful stands to reason. .....
Tag this Judgment!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. ..... the whole of rahmat-e-islam was printed by the applicant at asrar karimi press and the whole is a book which contains the required imprint on the inner cover. ..... it is, the words 'or publish' in the section make no sense and must be ignored. ..... in the case of alavandar : air1957mad427 (supra) it was observed that printers and publishers cannot shroud themselves in a cloak of anonymity and carry on their nefarious cloak and dagger business without any possibility of their being successfully discovered. ..... bhawani 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. ..... if he had not printed 'abr-e-rahmat ii' on the outer cover, the omission to print his name and the place of printing on it would not have been said to infringe section 3 as they were imprinted on the inner cover; printing the name of the book on the outer cover did not make it obligatory upon him to print his name and the name of his press also on it.7. .....
Tag this Judgment!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 ..... 'book' is defined as including every volume, part or division of a volume, and pamphlet in any language, and every sheet of music, map, chart, or plan separately printed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC154; (1979)2SCC8; [1979]1SCR664
..... is however re-informed by the statement, object and reasons accompanying the press act which may be extracted thus :-whereas it is expedient to repeal the indian press act, 1910 and the newspapers (incitements to offences) act, 1908, and to make further provision in the press and registration of books act, 1867, for the liability of editors of newspapers in civil and criminal proceedings and to make certain amendments in that act in order to facilitate the registration of printers and publishers; and to provide in the sea customs act, 1878, the crpc, 1898, and the indian post office act, 1898, for the seizure and disposal of certain documents; it is hereby ..... section 5(1) runs thus :-without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.it would thus be clear that under section 5(1) of the press act the legal requirement is that every newspaper shall contain the name of the owner and the editor printed clearly, so that there is no confusion in the minds of the people on this account. ..... sub-section (2) of section 5 of the press act makes it incumbent on the printer and the publisher to appear before the authorities mentioned in that section and make a declaration.14. ..... the statement may be extracted thus :-the declaration under the registration of press and books act was filed by me. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom291; 2004(4)ALLMR578; 2004(6)BomCR579; 2004(4)MhLj465
..... 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 news, or of articles relating thereto, or to other current topics, with or without ..... it will thus, be noticed that in all these statutes the essential prerequisite by a periodical in order to make it 'newspaper' is that it must contain mainly public news or comments on public news. .....
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