Court : Delhi
..... by martin hewings?, one of the leading publications of the appellant and the subject matter herein, has been prescribed and used by many universities all over the globe including india. this work is also prescribed in guru nanak dev university, amritsar, punjab for the students of b.a. part i, ii, iii. the grievance of the appellants is that the respondents are ..... with respect to telugu textbooks girija kalyanam . the learned single judge of the andhra pradesh high court held as follows: 4. the question, therefore, is whether the act of the respondent in writing the guide is an infringement of the copyright of girija kalyanam.......................6. in this case the court below considered in extenso the question at ..... published simultaneously each week there was no copying of matches selected by the respondents. the respondents claimed copyright in their coupon and alleged infringement by the appellants. by the copyright act, 1956, section 2(1) copyright subsisted in every original literary work, a literary work including, by virtue compilation. under section 2(5)(a) and section 49(1 ..... cpc moved on behalf of plaintiff is allowed. defendant no.1 and 2 by themselves, through their agents, servants, dealers, stockiest, representatives, sellers, distributors and all other persons acting on their behalf are restrained from printing, publishing, offering for sale, selling or otherwise dealing, directly or indirectly, in "examination question papers for icse class-x examinations" conducted .....Tag this Judgment!
Court : Delhi
Reported in : LC2009(2)60
..... part of the country called kunji or dukki. it was the case of the defendants that the textbook of the plaintiff subject matter of the suit was prescribed by the guru nanak dev university, amritsar for the students of ba part i, ii and iii; that they were merely for the facility of the students and for better understanding of the subject matter by the ..... that of the plaintiff.6. as aforesaid, the ex parte order was confirmed during the pendency of the suit. the defendants had then relying upon section 52 of the copyright act and romesh chaudhary v. ali mohamad nowsheri air 1965 j&k; 101; mohammad jalil v. ram dayal air 1916 all 216; v. ramaiah v. k lakshmaiah 1989 ptc 137; e ..... . whether plaintiffs are entitled to delivery up of all infringing material including 'plates'?8. whether the activities of the defendant fall under the concept of fair dealing under the copyright act, 1957? opd9. relief.3. however, the defendants stopped appearing w.e.f. 1st march, 2007 and were on 29th april, 2008 proceeded against ex parte. the plaintiff had prior thereto ..... of the counsel for the defendants and the judgments aforesaid were distinguished and this court held that while the universal nature of knowledge and its dissemination freely is a laudatory concept but it must not transgress rights of an author guaranteed by copyright act. this court further felt that the defendants had not been restrained from publishing their guides but had only .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
..... role to play in the manufacture of their final excisable product. 4. revenue also procured an expert opinion of shri harkamaljit singh, reader, department of applied chemical sciences and technology, guru nanak dev university, amritsar wherein it was stated that no plant and machinery is required for the manufacture of denatured spirit from the rectified spirit. 5. based upon the above, proceedings were initiated against ..... on the same. 8. the adjudicating authority has relied upon the expert opinion of one shri harkamaljit singh, who is a reader in department of applied chemical sciences and technology, guru nanak dev university, amritsar. for better appreciation of the opinion, the same is reproduced below: (i). the denature spirit can be manufactured with the simple process of taking the rectified spirit / impure spirit into ..... the appellants are engaged in the manufacture of ethyl alcohol and other spirits, along with denatured spirit falling under chapter 22 of the first scheduled to the central excise tariff act, 1985. they were holding valid central excise registration for the purpose of manufacture of such spirit as also denatured spirit. the appellants availed the benefit of cenvat credit of duty .....Tag this Judgment!
Court : Delhi
..... grammar by martin hewings, one of the leading publications of the appellant and the subject matter herein, has been prescribed and used by many universities all over the globe including india. this work is also prescribed in guru nanak dev university, amritsar, punjab for the students of b.a. part i, ii, iii. the grievance of the appellants is that the respondents are publishing and selling ..... of the act provides for procedure which needs to be adopted for such a dedication. it reads as under: 21.right of author to ..... any law for the time being in force. the term of this copyright has also not expired under section 22 of the act. 47. the only question, therefore, would be as to whether the prescription of this book by guru nanak dev university would mean that the owner, i.e., the appellant has relinquished its copyright by dedicating the same in public domain. section 21 ..... investment of capital, maybe it is a derivative work which gives a flavour of creativity. 17. this requirement of originality, under the copyright act, 1957, is that of expression and not of idea. in university of london press limited v. university tutorial press limited  2 ch 601, j. peterson observed that: the word.original does not in this connection mean that the .....Tag this Judgment!
Court : Delhi
Reported in : 1986(2)ARBLR303(Delhi); ILR1979Delhi236
..... exceeds twenty five thousand rupees, since raised to fifty thousand rupees by section 3 of the delhi high court (amendment) act, 1969 (act no. 37 of 1969). (25) section 7 of the delhi high court act, 1966, deals with the practice and procedure to be followed in, the high court of delhi. the said section ..... so when the defendants have categorically contended that their sales are effected mainly in the state of rajasthan and to a very limited extent at amritsar and nepal. it may bear mention here that the plaintiff in paragraph 13 of the plaint had contended that the washing soap under the ..... of which exceeds fifty thousand rupees, as amended by section 3 of the delhi high court (amendment) act, 1969. it would, thereforee, be seen that after the coming into force of delhi high court act, 1966, as amended, this high court has become the principal civil court of original jurisdiction with respect ..... that the added matter is sufficient to distinguish his goods from those of the plaintiff. similarview was taken earlier by a division bench of this court in nanak chand and others v. kohinoor chemical co. ltd. and was reiterated by this court in khemraj shrikrishnadas v. m/s. garg and co. and ..... civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. (2)for the purpose of sub-section (1), a 'district court having jurisdiction shall .....Tag this Judgment!
Court : Delhi
Reported in : 62(1996)DLT313
..... the allotment of industrial sites by the 1st, he is eligible for allotment at a concessional rate. the relevant principle is stated in narain dass sanad others v. improvement trust, amritsar and another, : air1972sc865 - 'equal laws have to be applied to all persons in the same situation and there must be no discrimination between one person and another if as regards ..... singh transferred the property to national investment trust ltd. 12.12.1955. national investment trust ltd. transferred leasehold rights and super-structure constructed to mrs. madhu sudan ltd. 15.4.1969. mrs. madhu sudan ltd. sold lease-^old rights to mrs. toshi talwar. 4.5.1992 mrs. toshi talwar by eight different registered sale deeds sold rights, titles and interest including ..... the learned senior counsel would be things done under the u.p. town improvement act, 1919 and, thereforee, as per section 60 of delhi development act they are saved and are outside the penumbra of the delhi municipal corporation act, 1957. he relied on the decision in m/s.universal imports agency and another v. the chief controller of imports (^exports and others, : [1961 ..... to consider what is the effect of the averments of paragraphs 9 and 10 vis-a-vis the position of law emerging after the enactment of two acts, delhi municipal corporation act and delhi development act in the year 1957. according to the learned counsel development area is different from nazul lands. it is significant, according to learned counsel, while provisions are .....Tag this Judgment!
Court : Delhi
..... ex. pw19/b) regarding issue of passports to a4 and a5. pw-20 has deposed that he had worked at immigration counter at attari rail, amritsar. the exit of ateeq to pakistan was dated 13th september, 2001 but the register shows that the said person had not returned via rail through attari ..... up, on getting the necessary permission, by remitting the necessary fees and sending the copies of his photograph, on the receipt of which the university did issue the admission card. there is therefore hardly any scope for saying that what the appellant had actually done did not amount to ..... and sit for the examination because something beyond his control took place inasmuch as the university was informed about his being neither a graduate nor a teacher.90. however, though malkiat singh v. state of punjab (1969) 1 sc c157 the supreme court illustrated and expressed that: in order that a ..... agreement to conspiracy and it has to be inferred from circumstances giving rise to a conclusive irresistible inference of an agreement to do an illegal act or legal act by illegal means. surrounding circumstances, antecedents and subsequent conduct amongst other factors constitute relevant material, but one has to be cautious and not ..... against them or they were not bound to make the said statement.46. in navjot sandhus case (supra) the alleged confession made by afzan guru/shokat was disregarded since only 5-10 minutes time was given to the accused to think/reflect before his confession. it was observed that this .....Tag this Judgment!