Search Results for "Copyright Act 1957"

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Search Results for "Copyright Act 1957"

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High Court

Bombay High Court Allows Revenue Appeal in SAP System Royalty Case — Payments for Use of Computer Software Constitute Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. The court held that payments for use of SAP system and related services are taxable as royalty and fees for technical services, reversing the ITAT order.

21 Jun 2023

The present appeal was filed by the Revenue (Commissioner of Income Tax) challenging an order dated 25th January 2017 passed by the Income Tax Appella...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that failure to send notice to the correct address of the drawer within the prescribed period renders the complaint not maintainable and amounts to abuse of process.

9 Oct 2020

The case involves two criminal petitions filed by the petitioners (accused) under Sections 428 and 482 of the Code of Criminal Procedure, 1973, seekin...

High Court

Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

15 Jan 2020

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

High Court

Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

19 Jul 2017

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement and Passing Off Action Over Television Talent Show Format. Zee Entertainment's 'India's Best Dramebaaz' Concept Found Prima Facie Copied by Sony's 'Drama Company'.

5 Apr 2017

The plaintiff, Zee Entertainment Enterprises Ltd, filed a quia timet copyright infringement and passing off action against Sony Pictures Networks Indi...

High Court

Bombay High Court Dismisses Passing Off and Copyright Infringement Suit for Lack of Evidence of Prior Use and Reputation. Oral Agreement Claim Fails as Plaintiffs Cannot Establish Exclusive Rights Over 'Puranmal' Mark and Chef Logo.

27 Jul 2016

The plaintiffs, Abhay Agarwal, Ajay Agarwal, and Puranmal Restaurant, a partnership firm based in Dubai, filed a suit against Puranmal Goods Private L...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

Bombay High Court Dismisses Interlocutory Injunction in Copyright Infringement and Breach of Confidence Action — No Prima Facie Case of Infringement of Software Source Code. Court holds that copyright in software does not extend to ideas, algorithms, or functionality, and that confidentiality is lost when source code is shared without express restrictions.

15 Jul 2015

The Plaintiffs, eXEGESIS Infotech (India) Pvt. Ltd. and another, filed a suit alleging copyright infringement and breach of confidence against Mediman...

High Court

Bombay High Court Allows Appeal in Copyright Royalty Dispute Between Radio Broadcaster and Performance Rights Society. Court holds that interim injunction restraining radio station from broadcasting sound recordings without paying royalties was valid but modifies order to require payment of royalties at rates determined by Copyright Board pending final adjudication.

2 Apr 2013

The dispute arose between Phonographic Performance Ltd. (Plaintiff), a performing rights society registered under the Copyright Act, 1957, and Radio O...

High Court

Bombay High Court Allows Revision Application in Copyright Dispute Over Film Pakeezah Songs — Assignment of Musical Rights Held Valid and Exclusive. The petitioner, as assignee of sole and exclusive musical recording rights under an agreement dated 13th February 1971, was entitled to exploit the rights without interference from the original plaintiff.

22 Sep 2011

The petitioner, Saregama India Limited (formerly Gramophone Company of India Limited), filed a civil revision application challenging an order passed ...

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