However, certain directions to delete some part from the autobiography of Shri V. Pune, a leading publisher of books; carrying on business Kdkp k Pune, filed a suit under Section 62 of the Copyrights Act,inter alia, claiming -- i a declaration that the plaintiff appellant herein has a subsisting copyright in publication of 14 books mentioned in the Schedule annexed to the plaint; with ii negative declaration that none of the defendants has any right to print or publish the same during the subsistence of the copyright in its favour; with iii a further decree for permanent injunction; to restrain the respondents -- defendant Nos.
The official translated version of the agreement reads as under: The account of number of such books given shall be furnished to the writer or Executors. Under the caption of verification; what is done is the "Solomon affirmation". Khandekar, who had strain relations with late Shri Ram Jaywant Deshmukh.
Sulochanabai, who was a party to the suit. Shri Ram Jayawant Deshmukh, Deshmukh and Company shall have the right to publish the literature and company shall have the right to publish the literature of Shri V. According to her, the learned Additional District Judge, Kolhapur, has clearly recorded a categorical finding in para 43 of his judgment Ex.
The said suit was dismissed. Later clauses deal with the manner of printing, binding, advertising and selling the work. That they not only failed to pay amount of royalty to the heirs of late Shri V.
Mere no objection to formally exhibit documents neither amounts to an admission of document nor it can be treated as an admission of contents thereof. Lastly, the learned Counsel for the respondents by way of alternate submission contended that the suit agreement automatically came to an end with the demise of Shri R.
Reading of the aforesaid clause of the agreement unequivocally goes to show that what was given under agreement was only a right to print and publish.
Bradbury, 12 Ch. Licence is a right to do some positive act. UHF stations in the area faced an additional problem because Pittsburgh is located in a somewhat rugged dissected plateauand the reception of UHF stations is usually poor in such terrain.
Before I go to the points canvassed on behalf of the rivals let me say a few words in relation to the appeal Court's functions. At the outset, it must be pointed out that in the plaint Ex. Deshmukh or his wife late Mrs. Khandekar in favour of the plaintiff-company vide written document dated On the second issue, Dr.
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Which position are you applying for. Khandekar in respect of 14 books as per favour of Late Shri R. Appellate Court will not reassess the material and seek to reach a conclusion different from the one reached by the Court below solely on the ground that if it had considered the matter at the trial stage it would have come to a contrary conclusion.
On the canvas of above pleadings, let me again turn to the oral evidence of Shri Godbole, a sole witness to find out whether or not pleadings in this behalf are proved.
The trial Court for the reasons recorded refused to grant interim relief in favour of the plaintiff. Tulzapurkar urged that mere use of the term "Licensor or Licensee or Licence" by itself does not determine as to whether or not the instrument is a licence.
If the consideration is payment to the author of royalties or a share of the profits instead of a sum of money paid down, the inference is that the copyright is not assigned, but that a sole and exclusive licence is conferred upon the publisher. I don't know why Ravi wasn't included though.
The Court further observed that an assignment carries with it the whole interest in the thing assigned, including the right to re-assign, while licence is personal and not assignable without the grantor's consent. It may be for the whole terms of the copyright or any part thereof.
Different authors have unequivocally expressed that it is difficult to extract from the cases as to whether any given transaction is an assignment or a licence.
Learned Counsel for the respondent further contends that para 3 of the agreement provides that, if Shri R. Khandekar his heirs or executors as provided in his deed of disposition, shall make arrangement to publish the same.
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kunc A former federal prosecutor will review the sexual abuse files of Colorado's Roman Catholic dioceses and the church has agreed to pay an unlimited amount of reparations to victims under a voluntary joint effort under taken with the help of the state attorney general.
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B., Lanzetta, J. T., Vicarious Instigation and Conditioning of Facial Expressive and Autonomic Responses to a Model's Expressive Display of Pain, Journal of Personality and Social Psychology, 38, pp.
–Cited by: 3. 1 [P.T.O. AUG/I—A 1. The best indicator of meaningful learning is the ability to: (A)Achieve more than 80% marks in the examination (B)Express the content learnt.
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