...cinematographic film ‘Bunty Aur Babli’: ‘Kajra Re Kajra Re Tere Kare Kare Naina’ in an advertisement broadcasted during a TV programme and in the other programme, during a chat show: INDIA BEATS, a budding...comprises of it being used in an advertisement broadcasted by India TV in the course of its broadcasts. The advertisement may be described as follows:-The scene opens to a setting of a small...infringement alleged in the second case arises out of a programme ‘INDIA BEATS’ broadcasted by India TV. A live orchestra is present to give the musical score, if required, when an artist during interview...

...India TV Independent News Service Pvt. Ltd. vs Yashraj Films Pvt. Ltd. 2012 SCC Online Del 4298 to submit that the Plaintiff's minimal use of...'s operations within the territory of India. 3.5. In December 2023, the Plaintiff received copyright strike notices ("Strike Notices") by Defendant Nos. 2 to 5 on.... 3.23. It is a settled law that character of use and manners of expression of cinematographic films that are not transformative cannot be protected under copyright law. As per the legal principles...

...standard and give claims their broadest reasonable construction. 63. In India TV Independent News Service Pvt Ltd. vs Yashraj Films Pvt...Corporation vs. Union of India & Ors. MANU/DE//1880/2009 and the decisions of this Board in VRC Continental vs. Uniroyal Chemical Company Inc. (USA) and Ors. ORA/14/2009/PT...according to our law the improvement in these properties will not amount to greater therapeutic efficacy. f) In Novartis Ag vs Union of India...

...evidence, furnished by the information seeker, the protection afforded may not be available. (E) India TV Independent News Service Pvt. Ltd. Vs. Yashraj Films Pvt...the Supreme Court in Shreya Singhal Vs. Union of India (2015) 5 SCC 1, the liability of an intermediary arises only where the...to Shreya Singhal supra; and, (xxv) that Sahara India Real Estate Corporation Limited Vs. Securities and Exchange Board of India (2012...

...is that the Ld. CIT(A) erred in confirming the addition of Rs. 3.50 lakhs on account of AIR information in respect of M/s. Yashraj Films. 3. The assessee is in the...discrepancy in respect of the amount shown as paid by M/s. Yashraj Films of Rs. 3.50 lakhs. The assessee stated that the said amount has been wrongly shown in its name. The assessee has not done any work in...success. 5. Before us, the Ld. Counsel for the assessee reiterated that no work has been done during the year by the assessee for Yashraj Films and the amount has been wrongly...

...-interim order of injunction till date.4. CS(OS) 1706/2006 has been filed by (India TV), Independent News Services Pvt. Ltd. against Yashraj Films (Defendant no. 1) and Super Cassettes...substantial.15. The case of Yashraj Films is that the defendant India TV made infringing use of the song “kajarare” from the cinematograph film ‘Bunty or Babli’ in order to promote...Defendant India TV17. The defence of India TV in the two suits filed by Super Cassettes and Yashraj Films is founded upon...

...reasonable construction. 41. In India TV Independent News Service Pvt Ltd. vs Yashraj Films Pvt Ltd, the Delhi High Court...disclose would be a ground for challenge. 44. In Chemtura Corporation vs Union of India the Delhi High Court said, It is...: 221017 was derived from a patent application as a PCT application designating India. It claimed a first priority date from a GB application 9800569.7 dated 12-1-1998. FER was issued on 6-6-2006. Patent...

.... 5. Utopia Films would provide the entire scope of services to the Applicant outside India. Utopia Films has been engaged for a particular season of a reality TV series and there is no...Both the above two applications M/s Endemol India Private Limited (EIPL) are in relation to payment made to the same company incorporated and a tax resident of Brazil namely Utopia Films.... As per the format of the program/show, the shooting took place outside (primarily in Brazil). For the purpose of shooting the program/show, outside India, the applicant engaged Utopia Films which is...

...-Original No. MUM/CGST/MW/COMMR/09-10/2017-18 dated 29.09.2017 passed by Commissioner of CGST, Mumbai West M/s. Yashraj Films Appellant 5, Shah Industrial Estate, Veera Desai Road..., Andheri (W), Mumbai 400 053. Vs. Commissioner of CGST, Mumbai West Respondent 1st floor, Mahavir Jain Vidyalaya, C.D. Barfiwala Marg, Andheri (W), Mumbai 400 058. Appearance...

...the principle of de minimis followed by the Division Bench of the Delhi High Court in the unreported case of India TV Independent News...Service Private Limited v. Yashraj Films Private Limited decided on 21st August 2012. Great reliance was placed on this principle by Mr. Jayanta Kumar Mitra, learned Senior Advocate and Mr. Tilak Kumar....Considering the decisions of the Supreme Court in Indian Performing Right Society Limited v. Eastern India Motion Picture Association reported in...

...-Appeal No. NA/GST/A-III/MUM/93/2020-21 dated 31.08.2020 passed by Commissioner of GST & CE (Appeals-III).) YASHRAJ FILMS P LTD 5, Shah Industrial Estate, Veera Desai Road, Andheri...(W), Mumbai, Maharashtra-400 053. Appellant Vs. COMMISSIONER OF CGST & CENTRAL EXCISE- MUMBAI WEST Mahavir Jain Vidyalaya, Juhu Lane, Andheri (W...

...Video Copyrights and Cable TV rights of All India and entire world in respect of the feature films. They have been doing so for over three decades. The Plaintiffs have so far acquired the video and cable...TV rights in all formats in respect of approximately 400 feature films and have been dealing with the said rights, making VCDs and DVDs of the films so acquired in all formats, selling and marketing...that they have acquired the Cable TV and Video TV rights in all formats of two Marathi films namely (1) Mumbaicha Faujdar and (2) Rajane Wajavla Baja from one M/s. Manhori Chitra (Producers of the...

...India in respect of the Suit Films b) granting permanent injunction restraining the Defendanttheir agents servants, each and every person or persons in any manner...territories of entire world including India in respect of the Suit Films. 4/25 b) granting permanent...the copyrights in the Suit Films by more than 30 telecasts in various TV Channels and if the prime time earning of the TV Channel for one film spread over two to three hours...

... remittance of Rs. 8.2 Crores, was consideration for the sale, distribution and exhibition of cinematographic films in India, which was specifically excluded from definition of royalty and therefore...cannot be taxed as royalty. The Ld. AR has argued that the Hon'ble DRP failed to observe that irrespective of whether cinematographic films were exhibited in theatres or on TV etc, the entire film...SPE India films Holdings LLC dated 03.06.2019 (ITAT-Mumbai) and in the case of Yashovardhan Tyagi dated 23.06.2021 (ITAT-Delhi). The Ld. AR without prejudice has stated that in all distribution...

...investigation, they came to know that the defendants have illegally exploited the copyright of the plaintiff over the schedule films by telecasting the same more than 30 times in their TV channels... concerned with the same, as neither do they claim any right over the same nor have they telecast the said films in their TV channels...learned Senior counsel for the plaintiff would submit that the defendants having telecasted the films in their TV channels without the permission of the plaintiff, are liable to pay damages to the plaintiff...

...assessee and not M/s Sahara India TV Network who are the real producers of these films and therefore any expenditure incurred in relation to these films has to be allowed in the year of release as per...films on his own. The contract with M/s Sahara India TV Network clearly shows that the appellant is acting an agent to co-ordinate the various parties to produce films. M/s Sahara India TV Network is a.... Sahara India TV Network & argued that these clearly indicates that the appellant was merely an agent to provide films production related services to M/s. Sahara India TV Network. The...

...Films through cable TV, Set top boxes, etc., by claiming that they are the owners of the Films. The plaintiff would submit that she has approached the 3rd defendant to give proof of their copyright to...other copyrights owned by them in respect of the Films. The Cable TV and set top boxes are part of the wire and wireless diffusion rights and the Television rights are exclusively...irrevocably assigned with all the ownership rights, including cable TV and Satellite rights, in respect of the Films for a perpetual period. These rights have been acquired with valid consideration. The 3rd...

...a declaration that the plaintiff is the absolute owner of the limited copyrights viz., Entire Video Copyrights and Cable TV rights etc., in the schedule mentioned films for perpetual period (b) for a...negatives of the schedule mentioned films in both the suits. The 5 defendant exploiting the pictures through their cable TV network, whose copyright is vested with the plaintiff. Hence, the plaintiff filed...., Exclusive and Entire Satellite Television Copyrights including the Exclusive and Entire Cable Television Copyrights for Entire World Including India etc., in the films described in the schedule to the plaints by exploiting or otherwise. No costs....

... 198 Ethiraj Salai Egmore, Chennai 105 rep. by Partner Arjundas Pokardas ... Plaintiff .Vs. 1.M/s.Gayathri Films 11-A Jubilee Road..."Chinna Rajaa" produced by the first defendant for overseas theatrical exploitation excluding India and for exploitation over terrestrial TV, Satellite TV, Cable TV, Cable Pay TV and Satellite Pay TV..., direct to user, laser disc, video, compact disc video, digital video disc and multimedia including Doordarshan India terrestrial TV and c) direct the defendants to pay the costs...

..., it is noticed that the appellant has entered into agreement with M/s Sahara India TV Network and has received Rs.20.00 crore during the year for the production of films. This act on account of both...India TV Network clearly shows that the appellant is acting an agent to co-ordinate the various parties to produce films. M/s Sahara India TV Network is a producer and the appellant is a agent for M/s...in his order that the appellant was produced of the film & M/s. Sahara India TV Network was financer of the project & therefore any expenditure incurred in relation to these films has to be allowed...