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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 PRE |
7.Where PRE |
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 PRE |
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 PRE |
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 PRE |
Yet again in Eastern Book Company & ors vs PRE |
D.B.Modak & Anr.[(2008 PRE |
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 PRE |
Copyright has nothing to do with originality or literary merit PRE |
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 PRE |
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 PRE |
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 PRE |
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 PRE |
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 PRE |
The derivative work produced by the author must have some distinguishable features and flavour to raw text of the judgments delivered by the court PRE |
The trivial variation or inputs put in the judgment would not satisfy the test of copyright of an author PRE |
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 |
Section 52 of the Act provides for certain acts which would not constitute an infringement of copyright Ratio |
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 |
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 |
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 |
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 |
With the aforementioned modification in the order of injunction,this appeal is dismissed RPC |
However,in the facts and circumstances of the case,there shall be no order as to costs RPC |
Appeal dismissed RPC |
The present appeal arises out of the judgment and order dated 01.07.2002 passed by the High Court of Bombay at Goa in Criminal Appeal No. 6 of 2000 convicting the accused-appellant u/s FAC |
302 of the Indian Penal Code (for short the 'the IPC') and sentencing him to undergo life imprisonment for the offence by setting aside the order of acquittal passed by the trial court FAC |
Facts giving rise to the present appeal may be stated first so as to enable us to appreciate the arguments raised by the parties more effectively Ratio |
On 19.04.1988 between 8.30 p.m. and 8.45 p.m., Satish Narayan Sawant, the appellant (Accused No. 1) along with two other accused persons and also with two delinquent children allegedly formed an unlawful assembly and that in furtherance of the said common object stabbed one Rauji Dulba Sawant, the deceased and also ass... |
It is also the case of the prosecution that as a result of the aforesaid stab injuries given to the deceased, he expired on the same day i.e. on 19.04.1988 FAC |
P.S. Joaquim Dias (PW-21) who was attached to the Ponda Police Station as P.S.I. received a phone call at about 10.45 p.m. from P.S.I. K.K. Desai of the Panaji Police Station that a person named Rauji Dulba Sawant had been brought in police jeep by police constable Jaisingrao Rane and that while he was being taken to t... |
He was informed that the deceased had died as a result of stab injuries received and, therefore, he was to take necessary steps FAC |
On receipt of the aforesaid message, PW-21 along with ASI Tabit Mamlekar went to the scene of offence FAC |
They reached the scene of offence at about 11.30 p.m. but found the entire place plunged into darkness and with the help of torch light, PW-21 surveyed the scene of offence FAC |
During the survey made at the place of occurrence, PW-21 noticed some blood-stains in the front courtyard of the house and a pipe of length of about 1 foot or slightly less lying in the courtyard having blood-stains FAC |
Thereafter, PW-21, along with P.I. D'Sa gave a call to the inmates of the house to open the door and on hearing the call, one lady opened the door FAC |
On enquiring from her, PW- 21 learnt that her name was 'Yeshoda' who was later on arrayed as Accused No. 3 FAC |
Two juvenile girls named, Sarita and Sharmila, who are the sisters of the appellant were found in the house FAC |
In the meantime, PW-1, PW-2 and PW-8 came to the house from whom PW-21 made certain inquiries and brought them along with Accused No. 3 and her two juvenile girls to the Police Station FAC |
Not finding the appellant and accused no.2 in the house, Dy FAC |
S.P. Shri Raikar and P.I FAC |
Shri Alan O'Sa were sent in their search FAC |
After reaching the police station, a complaint, which is marked as Exhibit PW 1/A was lodged by PW-1, in which it was alleged that PW-1, PW-8, PW-18, the deceased Rauji and his brother Narayan were residing in one house in Banastari and they used to share a common kitchen between them FAC |
It was further alleged by PW-1 that two or three days before the Ganesh Festival, deceased Rauji had informed Narayan that he would install statue of Lord Ganesh in the house and accordingly, he had purchased the same FAC |
Religious ceremony was performed by installing the statue of Lord Ganesh in the house and FAC |
while the said religious ceremony was being performed, Accused No. 2 started uttering insults while standing in the kitchen FAC |
Accused No. 3 told the appellant not to do anything in the ceremony and insulted the family members of Rauji FAC |
PW-1 also alleged that on 19.04.1988 the deceased Rauji returned from his duty at about 6.30 p.m. and thereafter went to purchase some articles FAC |
On his return, he went to take bath and after having bath, he went and switched off the light of the room FAC |
As soon as the deceased switched off the light, the appellant came from the room and started abusing Rauji FAC |
There was a heated exchange of words between Rauji and the appellant switched on the light, which was again switched off by Rauji, the deceased FAC |
Thereupon, the appellant went and removed the fuse of the said light FAC |
Accused No. 3 had then lit a kerosene lamp and brought the same in the hall FAC |
There was already an oil lamp burning which was attached to the ceiling by a brass chain FAC |
Meanwhile, Accused No. 3 started abusing PW-1, PW-8, PW-18, and the deceased Rauji FAC |
Thereafter, the appellant and the two other alleged accused namely, Accused Nos FAC |
2 and 3 and the two juvenile offenders gathered in the hall to assault Rauji, the deceased, PW-1 and PW-8 FAC |
According to PW-1, in order to avoid the assault by all of them, they went to "bulcao" (balcony FAC |
When they went there, the appellant went to his mother's room and brought a knife with which he stabbed Rauji FAC |
At that time all the accused persons were in the balcony FAC |
It was also alleged that after the deceased Rauji fell down on the ground, Accused No. 3 kicked him FAC |
At that time, the appellant who was holding the knife in his hand, handed over the same to Accused No. 3 by which she assaulted PW-8 but PW-8 caught the knife in her hand which caused injury to her right palm FAC |
Thereafter, according to PW-1, Accused No. 3 handed back the knife to the appellant and Accused No. 2 brought the oil lamp which was hung in the room and hit the oil lamp on the head of Rauji, the deceased FAC |
It was also alleged that when PW-8 tried to intervene, the other three accused started assaulting her with fists and slaps FAC |
At that time, PW-2 came there and questioned the accused persons as to what they were doing, whereupon, the appellant and Accused no. 2 started assaulting PW-2 also FAC |
Then, Accused No. 3 told the appellant and Accused No. 2 to finish off Rauji first. PW-8, PW-18 and PW-1 then lifted Rauji and brought him in the courtyard FAC |
In the meanwhile, residents of the locality had gathered in the courtyard and told the accused persons not to assault Rauji FAC |
The juvenile offender, Sarita went inside the house and brought out one iron pipe which she handed over to the appellant who then hit the said pipe on the right leg of PW-1 and also gave a blow with the said pipe on Rauji's right hand FAC |
It was also alleged that the other juvenile offender, Sharmila brought a cement block shaped like an elephant trunk, which she handed over to Accused No. 3 with which Accused No. 3 started assaulting Rauji. PW-1, however, intervened and removed the said piece of cement block from the hand of Accused No. 3 but FAC |
Accused No. 3 then picked up one stone and tried to throw it on Rauji by saying that she was going to kill him with that stone FAC |
However, PW-1 again intervened and removed the said stone from the hand of Accused No.3 FAC |
PW- 18 rushed to the rescue of deceased Rauji FAC |
The accused then started assaulting her and PW-8 with slaps FAC |
In the meantime, police jeep arrived at the scene and on seeing the police jeep, all the accused ran away from the courtyard and went inside FAC |
PW - 1 and others asked the police to take Rauji to the Hospital FAC |
whereupon the police took him to the hospital in the police jeep along with PW-1, PW - 2 and PW -8 FAC |
On the basis of complaint made by PW-1, an FIR was registered and the accused came to be arrested FAC |
On completion of the investigation, the police submitted the charge- sheet against the accused persons namely the present appellant (Accused No. 1), Accused Nos FAC |
2 and 3 and the two juvenile offenders, namely Sarita and Sharmila FAC |
The trial court framed charges against all the accused persons for the offence under Sections 302, 323, 143, 147 and 149 of the IPC FAC |
The accused pleaded not guilty and claimed to be tried FAC |
Since there were two juvenile offenders there cases were segregated and the trial against Accused Nos FAC |
1, 2 and 3 was conducted during the course of which a number of eye-witnesses were examined on behalf of the prosecution FAC |
After completion of the arguments the trial court reserved the verdict FAC |
The trial court passed an order on 04.08.1998 acquitting all the accused persons from the offences under Sections 302, 323, 143, 147 and 149 of IPC FAC |
Being aggrieved by the aforesaid judgment and order of acquittal the State filed an appeal in the High Court against Accused Nos FAC |
1 to 3 FAC |
The High Court by impugned judgment convicted appellant RLC |
Accused No. 1) u/s RLC |
302 IPC and Accused Nos RLC |
2 and 3 were held guilty of an offence punishable u/s RLC |
323 read with S. 34 of the IPC RLC |
The appellant herein, being aggrieved by the aforesaid order of conviction and sentence, filed the present appeal on which we have heard the learned counsel appearing for the appellant and also the learned counsel appearing for the State FAC |
Mr. R. Sundaravardhan, learned senior counsel appearing for the appellant very forcefully submitted that the High Court was not justified in setting aside the order of acquittal passed in respect of the present appellant ARG |
He submitted that although the incident in question had taken place at about 8.45 p.m. the same came to be reported to the police at 3.00 a.m ARG |
He also submitted that the police officer (PW-21) who received the information about the incident started investigation without recording either any general diary (for short G.D.) entry or the FIR and, therefore, the FIR which has been proved in the trial court is hit by the provisions of S. 162 of the Criminal Procedu... |
He also submitted that the High Court has not given any reason for setting aside the appeal against acquittal which was passed after appreciating the entire evidence on record ARG |
He further submitted that there was not only shifting of time of the alleged occurrence but also shifting of the place of occurrence from the hall to the outside verandah and courtyard to suit the convenience of the prosecution case ARG |
He has drawn our attention towards the entire evidence on record including the cross-examination part and with the help of the same he submitted that the entire alleged incident in question had taken place when there was complete darkness at the scene of occurrence ARG |
A scuffle started between the nephew and the uncle in which the accused persons also received injuries and, therefore, the right of private defence of the appellant was available and in that view of the matter, the order of conviction and sentence is liable to be set aside ARG |
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