Active civil suit regarding copyright ownership was dismissed by the High Court as withdrawn by the plaintiff's counsel.
The suit was dismissed as withdrawn with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.911 of 2002
In the matter of The Indian Copyright Act 1957
And
In the matter of the limited Copyright Viz., the World satellite Television Broadcasting Right in the picture SAPHALYAM Malayalam-Colour
Anil Kumar Jain, S/o.Mr.Sohanlal jain, 17, Vinayagapuram, 1st street, MMDA Colony, Arumbakkam, Chennai – 600 106.
... Plaintiff
Versus
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Civil suit praying that this Hon'ble Court be pleased to judgement and decree against the defendants as follows:-
a) for a declaration that the plaintiff is the absolute owner of the limited copyright namely limited copyright namely World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club(DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM -Malayalam – Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan for 15 years from 28.04.1999.
b) for a permanent injunction restraining the defendants, their men, agents, assignees, servants, or any other person authorised by them from interfering or infringing the plaintiff's limited copyright namely the World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordharshan Kendra including Movie Club(DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM-Malayalam-Colour starring Suresh Gopi, Sangeetha, etc.,
and directed by G.S.Vijayan;
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c) for cost of the suit;
This Civil Suit coming on this day before this court for hearing in the presence of Ms.Raaja Mani for Mr. C.Ramesh & C.Balaji, Advocate for the plaintiff herein and the defendants not appearing in person or by an Advocate and upon reading the plaint filed herein and the learned counsel for the plaintiff would submit that the suit itself has become infructuous and seeks permission to withdraw the suit and this court doth recording the submission and, it is ordered as follows:-
(i) That the suit in C.S.No.911 of 2002 be and is hereby dismissed as withdrawn.
(ii) That there shall be no costs in this suit.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15TH DAY OF SEPTEMBER 2021.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments. https://hcservices.ecourts.gov.in/hcservices/
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VSP 04/10/2021
C.S. No.911 of 2002
ORDER
DATED : 15.09.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL:12.11.2021
APPROVED ON:15.11.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.911 of 2002
Anil Kumar Jain
...Plaintiff
.Vs.
Plaint filed under Section 55 and 62 of the Copyright Act, 1957 read with Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure praying for a judgment and decree against the defendants as follows:
a) for a declaration that the plaintiff is the absolute owner of the limited copyright namely World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club (DD4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM – Malayalam – Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan for 15 years from 28.04.1999;
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b) for a permanent injunction restraining the defendants, their men, agents, assignees, servants, or any other person authorised by them from interfering or infringing the plaintiff's limited copyright namely the World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club (DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM – Malayalam – Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan and
c) for cost of the suit.
For Plaintiff : Ms.Raajamani for Mr.C.Ramesh For Defendants : No appearance
J U D G M E N T
Ms.Raajamani, learned counsel representing Mr.C.Ramesh, learned counsel for the plaintiff would submit that the suit itself has become infructuous and seeks permission to withdraw the suit.
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2. Recording the said submission of the counsel for the plaintiff, this
suit is dismissed as withdrawn. No costs.
15.09.2021
List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil
Sd./-R.S.M.J 15.09.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
N. Krishna Kumar
A. Saleem
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
