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It was also not a case where respondent in any manner whatsoever waived her right | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned trial judge on issue No.4 opined that plaintiff had not been able to prove actual loss or damage particularly having regard to the fact that Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth had associated himself with the appellants for a long time | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned trial judge recognized the equitable interest vested in the plaintiff -respondent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A declaratory decree,therefore,was passed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may notice at this stage that the form of injunction granted both by the learned trial judge as also by the High Court in favour of the plaintiff-respondent | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The operative part of the judgment of the trial court reads as under: "Defendants or their employees or agents are restrained from performing the above said 7 ballets or Prasangas or in parts thereof in any manner as evolved distinctively by Dr | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth by way of permanent injunction | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court,however,directed: "(iii | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As far as the restraint order passed by the Trial Court by granting permanent injunction to the plaintiff is concerned,the same is modified by ordering that if the appellants desire to stage any of the seven Yakshagana prasangas in the manner and form as conceived in all respects viz.,costumes,choreography and direction by Dr | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth,the appellants can do so only in accordance with the provisions of the Copyrights Act,1957 in view of copyright in seven prasangas vesting with the plaintiff | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Decree for injunction is an equitable relief | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The courts while passing a decree for permanent injunction would avoid multiplicity of proceedings | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The court while passing such a decree,is obligated to consider the statutory provisions governing the same | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the said purpose,it must be noticed as to what is a copyright and in respect of the matters the same cannot be claimed or otherwise the same is lodged by conditions and subject to statutory limitation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In R.G.Anand vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
M/s | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Delux Films & ors.[(1978 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
4 SCC 118]1978 Indlaw SC 294,this Court held: "Thus,on a careful consideration and elucidation of the various authorities and the case law on the subject discussed above,the following propositions emerge: 1.There can be no copyright in an idea,subject-matter,themes,plots or historical or legendary facts and violation of the copyright in such cases is confined to the form,manner and arrangement and expression of the idea by the author of the copyrighted work | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2.Where the same idea is being developed in a different manner,it is manifest that the source being common,similarities are bound to occur | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In such a case the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyrighted work | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the defendant's work is nothing but a literal imitation of the copyrighted work with some variations here and there it would amount to violation of the copyright | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3.One of the surest and the safest test to determine whether or not there has been a violation of copyright is to see if the reader,spectator or the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
4.Where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work,no question of violation of copyright arises | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
5.Where however apart from the similarities appearing in the two works there are also material and broad dissimilarities which negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
no infringement of the copyright comes into existence | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
6.As | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case-law discussed above | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
7.Where | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
however the question is of the violation of the copyright of stage play by a film producer or a director the task of the plaintiff becomes more difficult to prove piracy | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is manifest that unlike a stage play a film has a much broader prospective,wider field and a bigger background where the defendants can by introducing a variety of incidents give a colour and complexion different from the manner in which the copyrighted work has expressed the idea | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Even so,if the viewer after seeing the film gets a totality of impression that the film is by and large a copy of the original play,violation of the copyright may be said to be proved | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Yet again in Eastern Book Company & ors vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
D.B.Modak & Anr.[(2008 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 SCC 1]2007 Indlaw SC 1341,this Court held: "The Copyright Act is not concerned with the original idea but with the expression of thought | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Copyright has nothing to do with originality or literary merit | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Copyrighted material is that what is created by the author by his own skill,labour and investment of capital,maybe it is a derivative work which gives a flavour of creativity | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The copyright work which comes into being should be original in the sense that by virtue of selection,coordination or arrangement of pre-existing data contained in the work,a work somewhat different in character is produced by the author | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the face of the provisions of the Copyright Act,1957,we think that the principle laid down by the Canadian Court would be applicable in copyright of the judgments of the Apex Court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We make it clear that the decision of ours would be confined to the judgments of the courts which are in the public domain as by virtue of Section 52 of the Act there is no copyright in the original text of the judgments | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
To claim copyright in a compilation,the author must produce the material with exercise of his skill and judgment which may not be creativity in the sense that it is novel or non-obvious,but at the same time it is not a product of merely labour and capital | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The derivative work produced by the author must have some distinguishable features and flavour to raw text of the judgments delivered by the court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The trivial variation or inputs put in the judgment would not satisfy the test of copyright of an author | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court,in our opinion,should have clarified that the appellants can also take the statutory benefit of the provisions contained in clauses (a),(i) and (l) of sub-section (1) of Section 52 of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 52 of the Act provides for certain acts which would not constitute an infringement of copyright | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
When a fair dealing is made,inter alia,of a literary or dramatic work for the purpose of private use including research and criticism or review,whether of that work or of any other work,the right in terms of the provisions of the said Act cannot be claimed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus,if some performance or dance is carried out within the purview of the said clause,the order of injunction shall not be applicable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similarly,appellant being an educational institution,if the dance is performed within the meaning of provisions of clause (i) of sub-section (1) of Section 52 of the Act strictly,the order of injunction shall not apply thereto also | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Yet again,if such performance is conducted before a non-paying audience by the appellant,which is an institution if it comes within the purview of amateur club or society,the same would not constitute any violation of the said order of injunction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With the aforementioned modification in the order of injunction,this appeal is dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However,in the facts and circumstances of the case,there shall be no order as to costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Twelve accused persons were tried for offences under Section 302,307/149,324,147,148 and Section 3 of Terrorist and Disruptive Activites | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Prevention) Act,1987 (hereinafter referred to as 'TADA') by the learned Designated Judge,Pune | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Out of the said twelve accused,6 accused were acquitted of all the charges while the five appellants herein,namely,Bonkya alias Bharat Shivaji Mane (A-5),Mandu Baliba Dombe (A-8),Ashok Baloba Dombe (A-9),Ranjar Bhausaheb Dombe (A-10) and Kaka alias Pandurang Baloba Dombe (A-11) were convicted for offences under Section 302/307/149 IPC and Section 3 of TADA and sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/-each for the offence under Section 302/149 IPC | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
10 years RI and a fine of Rs.5,000/-each for the offence under Section 307/149 IPC; 2 years RI for the offence under Section 324/149 IPC and life imprisonment and fine of Rs.5,000/-each for the offence under Section 3 of TADA.In default of payment of fine on each of the counts,the appellants were to undergo further RI for two years each | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The substantive sentences of imprisonment were however directed to run concurrently | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One accused died during the pendency of the trial | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Through this appeal under Section 19 of TADA,the appellants have called in question their conviction and sentence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the sake of convenience the accused shall be referred to hereinafter by the number assigned to them in the Trial Court judgment as accused i.e.(A-5,A-8,A-10 etc | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to the prosecution case on 11th August,1990 at about 3.00 p.m | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Anna Shety Band Patte,Mukesh,Ramesh and Prakash Band Patte had gone to the Vrindavan video parlour for watching a movie | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused A-6,A-10 and A-11 alongwith one other person were also present at the video parlour | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was an altercation between the accused and the complainant party when the leg of Kaka Dombe (A-11) dashed against the leg of Anna Shety Band Patte | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW.Both the prosecution witnesses as well as | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the accused party left the video parlour threatening each other | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The complainant party went towards Jagdamba Hotel owned by Waman Band Patte PW.At that time Baban Karpe,Bajrang Band Patte,Sanjay Mane,Ramesh Pawar were also present near the hotel | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At about 4.00 p.m.,the appellants and other accused persons allegedly armed with swords,satturs and sticks arrived there in two auto-rickshaws and one jeep | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Out of the accused A-5,A-6,A-8,A-10 and A-11 were carrying swords while A-7 and A-9 had satturs and the remaining accused were armed with sticks | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the arrival of accused party Anna Shetty ran away | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellants A-5,A-10 and A-11 thereafter assaulted Bajrang Band Patte (PW-14) on his head in front of the hotel | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They also assaulted Baban Karpe (PW-9) and Popat deceased,who had run away to the Math,after chasing them in the auto rickshaws and the jeep | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is alleged that A-5,A-10 and A-11 assaulted Popat deceased with the swords on his head and thighs and when Baban tried to intervene he was also assaulted and he received a blow with the sattur near his knee | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He ran away to conceal himself | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bajrang (PW-14) was taken to the hospital by Waman PW-15,Ramesh PW-11 and Prakash PW-2,whereas Popat deceased who was seriously injured and had fallen down unconscious after receipt of the injuries was removed to the hospital by the police when it arrived at the spot a little later | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
All the injured persons were admitted to the hospital | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
While receiving the treatment,Popat succumbed to his injuries | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On receipt of information,Asstt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Police Inspector Joshi arrived at the hospital and Baban Karpe PW-9 narrated the occurrence to him which was reduced into writing | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the basis of the said report,an FIR for offences under Section 302/307/149/147/148 IPC was registered vide CR No.101 of 1990 at about 6.00 p.m | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The inquest on the dead body of Popat was conducted and the body was sent for post-mortem examination | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bajrang PW-14 regained consciousness during the night intervening 11th and 12th August,1990 and made a statement to the police in respect of the incident which took place in front of Jagdamba hotel and on the basis of that statement,CR No.102/90 was registered | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The jeep allegedly used by the accused party was later found in front of the house of accused Baloba Dombe,A-1 (who died subsequently).One sword,stained with blood and two blood stained sticks were recovered from the said jeep | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
An auto-rickshaw bearing registration No.MWQ-5624 belonging to Manik Bhende-Gavali was found abandoned in a damaged condition with broken glasses | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was also taken into possession vide a panchnama | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused were searched for but could not be traced | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They were subsequently arrested on different dates | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On a disclosure statement made by A-11 before the police and the panches under Section 27 of the Evidence Act and on his pointing out a sword was recovered from the field at Korti,where it lay buried | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A-10 also made a disclosure statement under Section 27 of the Evidence Act to the effect that he had buried a sword behind Yamai Tukai temple and could get it recovered | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the pointing out by A-10,the said sword was also recovered and taken into possession through a panchnama | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the investigation,an identification parade was got conducted through the Executive Magistrate,PW-32 when Baban Karpe (PW-9) and other prosecution witnesses identified the assailants | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Samples of blood of the accused were collected for ascertaining their blood groups and sent for chemical analysis | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The blood samples of Bajrang (PW-14) and Baban Karpe (PW-9) were similarly collected | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The blood stained clothes of the deceased and the injured persons as also the swords were sent to the chemical examiner for analysis | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After completion of the investigation,two charge-sheets arising out of crime No.101/90 and crime No.102/90 were filed before the Designated Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the pendency of the two charge-sheets the Addl | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Public Prosecutor through an application,Ex | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P-35,requested the Court for holding trial in respect of both the chargesheets together,which application was allowed by the Designated Court vide order dated 5 December 1992 and that is how both the cases were tried together by virtue of the provisions of Section 220 (1) Cr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P.C.,as the series of acts in both the cases were so inter-connected as to form one transaction | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |