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...63 of the Copyright Act is bailable whereas this section provides punishment up to three years of R.I which, according to the first Schedule of Cr. P.C is non-bailable. He has further said tha...section 63 of Copyright Act is bailable whereas the fact is that this section is not bailable....under sections 467, 468, 471, 420, 120B of the Indian Penal Code (in short, IPC) and section 63 of the Copyright Act...
...quash the criminal proceedings on the sole ground that the offence under Section 63 of the Copyright Act is not a cognizable and a non-bailable offence.3. By the impugned..., the impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings/FIR under Section 63 of the Copyright Act deserves to be quashed and set aside....Sections 51, 63 & 64 of the Copyright Act read with Section 420 of the IPC. By order dated 23.10.2018, the learned CMM allowed the said application and directed the concerned SHO to register the FIR...
...bailable.4. First point for consideration was whether the offence under section 63 of the Copyright Act and also subsequently applied section 103 of the Trade Marks Act we...registration number of the trademark of complainant’s company. Therefore, the first question which needs to be addressed and decided is to whether the offence punishable under section 63 of the Copyright Act ...non bailable.Section 63 of the Copyright Act reads thus:-“63 - Offence of infringement of...
...272 I.P.C is unjustified. A special Act is holding the field. Offence under sections 420, Section 63 Copyright Act & 60 of U.P. Excise Act is bailable and triable by Magistrate. False...- 420,
272 I.P.C. and Section 63 Copyright Act & Section 60 of U.P. Excise Act, Police Station- Shahganj, District- Prayagraj, be released on bail on their furnishing a....
Hon'ble Siddharth,J.
Heard Sri Anjeet Singh, learned counsel for the applicants and learned A.G.A for the State.
The implication of the applicants under section...
...question was considered. In paragraph 7 of the above judgment, the Apex Court held that offence under Section 63 of the Copyright Act is a cognizable and non-bailable offence, while setting aside the...finding entered into by the High Court holding the view that the same is a non cognizable and bailable offence. Therefore, the legal position is well settled that an offence under Section 63 of the Copyright .... Precisely the allegation of the prosecution is that accused 1 and 2 herein committed offence punishable under Section 63 of the Copyright Act by using the music of ‘NAVARASAM’, which was exhibited in...
...Procedure, 1973 (the Code) is whether the offence punishable under Section 63 of the Copyright Act, 1957 (the Act)...placed by the learned standing counsel that there is distinction between the two offences (one under Copyright Act and other under the Customs Act) is really missing.8. In ...non-bailable.2. The case FIR No. 164/2011 was registered at Police Station Economic Offence Wing under Section 63 of the Act read with Section 103/104 of the Trade Marks...
...Section 63 would be a cognizable and non-bailable offence. The relevant portion of the said Judgement has been reproduced as follows:
“14. Thus, for the offence under Section ...impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings/FIR under Section 63 of the Copyright Act deserves to be quashed and set aside.
...-Judge Bench of this Court, vide Judgement dated 25.11.2019, held that the offence under Section 63 of the Copyright would be a non-cognizable offence and bailable offence and therefore, would fall...
...the Judgement dated 25.11.2019 and held that offence under Section 63 would be a cognizable and non-bailable offence. The relevant portion of the said Judgement has been reproduced as follows:
...
4
proceedings/FIR under Section 63 of the Copyright Act deserves to be quashed and set aside.
....,W.P.(Crl) 3422/2018, a similar controversy had arisen before this Court with respect to the classification of Section 63 of the Indian Copyright Act, 1957, and whether the punishment...
...Section 63 of the Copyright Act, 1957 (Act No. 14 of 1957) (for short 'the Act'), this Court dismissed the antici...months and the maximum sentence, which may extend up to three years. The Act does not contain any provision, which makes the offence punishable under Section 63 of the Act as 'non-bailable' one.
...Assam 2003 (26) PTC 486 (Gau). Having regard to the provisions of Section 63 of the Copyright Act, 1957, a learned single Judge...
..., arising out of Case Crime No. 56 of 2020, under Sections 420, 467, 468, 471, 272, 273, 504, 506 IPC and Section 63, 65 of the Copyright Act, P.S. Rasoolabad, District Kanpur Dehat.
Learned coun...Case. No. 495 of 2022.
Learned A.G.A. has vehemently opposed the prayer of quashing of the non bailable warrant and has argued that the same has been issued by the trial court in...order to secure the attendance of the accused-applicants.
In view of above, I see no reason to quash the non bailable warrant because it has been rightly issued by the trial court for...
...vs. State of NCT of Delhi and Another - (2022) 10 SCC 221 has held that offence punishable under Section 63 of the Copyright Act, 1957, is a cognizable and non-...City, for the offence punishable under Sections 51(b)(1) and 63 of the Copyright Act, 1957, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail...) and 63 of the Copyright Act, 1957, subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of...
...to the contrary. According to the respondents, the offence under Section 63 of the Copyright Act falls squarely within Part II of the First Schedule to the Cr.P.C., which indicates that offences punishable with imp...decision of the Supreme Court in Avinash Bhosale (supra) would fully apply to an offence under Section 63 of the Copyright Act as well and concluded that offence under ...Learned Chief Metropolitan Magistrate (CMM) for the registration of a FIR against the petitioner under Sections 51, 63 and 64 of the Indian Copyright Act read with Section 420 of the IPC...
...Prasad Singh v. State of Assam, as to whether an offence under section 63 of the Copyright Act, 1957 would be considered as cog...) xxxxxxxxx Explanation I and II xxxxxxxxx (2-A) tel (6) xxx xxx xxx”6. Since the bail application is arising out of an offence under section 21(b) of the NDPS Act...-sheet. section 21(b) of the NDPS Act, 1985 runs as below:“(b) where the contravention involves quantity, lesser than commercial quantity but greater than...
...above discussion and for the reason stated above, it is observed and held that offence under Section 63 of the Copyright Act is a cognizable and non-bailable offence…”
37....
36. Apart from the civil remedies under the Copyright Act, infringement of copyright is also a criminal offence under Section 63. It is, in fact, a cognizable offence, as r...reads as under:
“5.3 Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six...
...Singh v. State of Assam, 2002 (3) GLT 241 as to whether an offence under section 63 of the Copyright Act, 1957...) *** ***
Explanation I and II *** *** ***
(2A)to(6) *** *** *'**
7. Since the bail application is arising out of an offence under section 2kb) of the ndps act, 1985 it is...prescribed under section 386, IPC is similar to the sentence prescribed under section 2kb) of the ndps act. Hence, the principle that would be applicable for the offence of section 386, IPC would also be...
...exact three years. In such cases offences would be non-bailable. 20. Therefore, first question raised before me is answered that the offences under section 63 of the Copyright Act and...decisions are not placed before me. 4. I do not think it specifically necessary to go to any precedent. The language of provisions of Section 63 of the Copyright Act and the language of the re...) PTC 486 (Gau). Having regard to the provisions of Section 63 of the Copyright Act, 1957, a learned single Judge of that High Court was of the clear view that the offence punishable under Section ...
...exact three years. In such cases offences would be non-bailable. 20. Therefore, first question raised before me is answered that the offences under section 63 of the Copyright Act and...decisions are not placed before me. 4. I do not think it specifically necessary to go to any precedent. The language of provisions of Section 63 of the Copyright Act and the language of the re...) PTC 486 (Gau). Having regard to the provisions of Section 63 of the Copyright Act, 1957, a learned single Judge of that High Court was of the clear view that the offence punishable under Section ...
...exact three years. In such cases offences would be non-bailable. 20. Therefore, first question raised before me is answered that the offences under section 63 of the Copyright Act and...decisions are not placed before me. 4. I do not think it specifically necessary to go to any precedent. The language of provisions of Section 63 of the Copyright Act and the language of the re...) PTC 486 (Gau). Having regard to the provisions of Section 63 of the Copyright Act, 1957, a learned single Judge of that High Court was of the clear view that the offence punishable under Section ...
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7. In view of the above discussion and for the reason stated above, it is observed and held that offence under Section 63 of th...infringing copies.
36. Apart from the civil remedies under the Copyright Act, infringement of copyright is also a criminal offence under Section 63. It is, in fact, a...:
"5.3 Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six mon...
...Section 63 of the Copyright Act, 1957 is bailable or non-bailable. Section 63 is extracted her...the Act. Thus, interpretation sought to be placed by the learned standing counsel that there is distinction between the two offences (one under Copyright Act and other under the Customs Act) is really missing....‘A’ Division Police Station, Morbi for the offences punishable under Sections 63 and 64 of the Copyright Act, 1957 and Section 114 of the Penal Code, 1860. On the basis of...