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'. ..... 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 ..... act prescribes no form for claiming copyright, and does not make the registration ..... education would be entitled to claim copyright in the examination papers only if it establishes and proves that it has engaged persons, specifically for the purposes of - preparation of a compilation, known as question paper, with a contract containing a term that vis-a-vis the question paper prepared by the person engaged for that purpose, that person shall not have copyright, and that the copyright would vest in the central board of secondary examination, instead of ..... today we do not have the alleged agreements between the persons who bad set the papers, the authors of the question papers, and the central board of secondary education, who have purported to give license for the purposes of printing of those question papers on record of this case. .....
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. ..... any professional misconduct, the council may, after giving the newspaper or the news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be.8. ..... xxxx every free man has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequence of his own temerity.' 11. .....
Tag this Judgment!Court : Chennai
Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)
..... the definition of "book" in section 1(1) of the press and registration of books act, 1867, is not descriptive but inclusive; it only adds certain items which might not have been comprehended in the word "book" but for the definition. ..... though the definition given in section 1(1) of the press and registration of books act, 1867, is for the purposes of that act only, it is a fairly representative definition which gives the outstanding characteristics of a newspaper. ..... the issue has been debated internationally in the united nations (subcommission on freedom of information and the press) as it touches upon the worldwide flow of news and the relations among the press of various nations with differing philosophies of press freedom and control. ..... the learned counsel for the income-tax department further contends that the finding of the appellate tribunal that "ananda vikatan" is a "newspaper" has been based on invalid and improper materials and, as such, it is not a reasonable view that can be taken on the facts and circumstances of the case. ..... in other words, the contention of the income-tax department is that the interpretation given by the appellate tribunal to the word "newspaper" used in the depreciation schedule is improper and not justified.27. mr. j. .....
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 published by the appellant company. ..... 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. ..... , i) union of india, in the ministry of information and broadcasting; (ii) registrar of newspapers in india under the prb act, 1867; and (iii) registrar of trade marks under the tmm act, 1958. ..... improper and unexplained delay is fatal to an application for interlocutory injunction the interim injunction will not be granted if the plaintiff has delayed interfering until the defendant has built up a large trade in which he has notoriously used the mark. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All450; 1960CriLJ1037
..... 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. ..... allahabad, known as rai saheb ram dayal agarwala, carrying on the business of publishing, printing and selling books, got a series of books known as abr-e-rahmat compiled by one khan saheb chhotey khan and got them approved by the islamia maktab committee of uttar pradesh for use in islamia maktabs in the state. ..... the act does not require the imprint on every page of a volume.the object behind section 3 is to inform the public who is the responsible printer and to convey the information on the face of the book; see ..... same shall not be printed as aforesaid, snail for every copy.......so printed......forfeit a sum notmore than five pounds'this was a clear provision punishing a publisher of a printed book which did not contain the name of the ..... power of amending section 12, i see no justification for amending it by imposing the obligation upon the publisher and not by adding the reference to section 5. ..... 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. ..... 650, beauchamp, who was the publisher but not the printer of a newspaper, was convicted for distributing copies of the newspaper on which was not printed the name of the printer. .....
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
..... 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 ..... chitale, counsel for the petitioner that if he was not able to prove that the appellant was really the editor of the paper then the presumption under section 7 of the press and registration of books act 1867 (hereinafter called the press act) would not apply and the case of the petitioner would stand or fall ..... 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 .....
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 ..... it is essentially a calendar and it also contains some information on certain topics. ..... an insertion of some news item or some information on certain topics in a publication of this type cannot be considered as a newspaper. ..... its form, its contents and its use all point to something totally different to an ordinary newspaper, whose main abject is to give recent information about the recent events and which is not a record, but is in its nature ephemeral even though many persons do file their copies for reference.'8. ..... 'news' is defined as newly received or noteworthy information especially about recent or important events. ..... ' it defines 'news' as 'a report of recent event; new information' fresh tidings'. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR156
..... hattangadi submitted that having regard to the object of the press and registration of books act, it cannot be presumed that once a staff is appointed the owner or the publisher cannot have any control over the publication. ..... either in a civil court or before an election tribunal'.but the court took note of baidyanath (supra) and wopansao (supra) and observed as follows:'we think that neither the decision of this court in : [1970]1scr839 , which took the view that violation of section 23(3) of the 1950 act in entering or deleting the names of persons in the electoral rolls after the last date for making nomination relates to lack of power, nor the decision in : air1971sc2123 , which also suggest that where ..... it was pointed out to him that he was the one who gave information in respect of the said news item published in 'pravasi'. ..... within the last two days for the receipt of such applications, and without verifying as to the age, residence, or for that matter even as to their existence, just includes their names in the electoral roll, can it be said that it is just an erroneous exercise of power or is it a case of total lack of exercise of power if the officer concerned has not complied with any of the requirements of the rules, leave alone adjudication, can it be said that it is an improper exercise of power or is it a case of non .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2746
..... i further find from the documents as well as declaration as made in the newspaper in observance of mandatory provisions of section 7 of the press and registration of books act, 1867 that it was none other than 'resident editor' if at all, was responsible prima facie for the publication of news items in the newspaper without prejudice to his defence.11. ..... every newspaper used to carry written undertaking, owing responsibility by the concerned authority/editor under the press and registration of books act, 1867 in relation to authentication of declaration under section 6 and section 7 of the act. mr. ..... prasad agrawal was further assailed by one seema chaturvedi in her written complaint, addressed to the officer-in-charge of sukhdeonagar police station, ranchi in which she alleged that sheo prasad sharma was using his name for gains and in view of tine declaration under the press and registration of books act, 1867 petitioner hari bansh narayan singh, chief editor, cannot be held criminally liable for publication of news item in prabhat khabar.8. ..... manoj tandon, at the outset submitted that the petitioner was admittedly the chief editor of the daily newspaper 'prabhat khabar' published from different places and he was not responsible for selection of the news for its publication in the newspaper under the press and registration of books act, 1867. .....
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