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Phonographic Performance Limited vs Lookpart Exhibitions And Events ... on 10 October, 2022 cites

M/S.Novex Communications Pvt.Ltd. vs Telecom Regulatory Authority Of India & ... on 4 November, 2008

The impugned public notice does not disclose the authority under which the same has been issued. The impugned public notice cannot override the provisions of Copyright Act and cannot take away the statutory right of the petitioner under Section 55 of the Act to initiate civil proceedings in the Court of law for the infringement of Copyright Act, 1957. The impugned interpretation would give rise to a very enormous situation and in such eventuality, the police authorities may refuse to take cognizance of the offence of infringement of copyright, which may be an offence under Section 63 of the Act punishable therein. The impugned public notice is in contravention of the ratio laid down in M/s Phonographic Performance Limited case (supra) [16]. The impugned public notice is also violative of the doctrine of separation of power as an attempt has been made by respondent No.2 to usurp the legislative power of enactment and judicial power of interpretation. The impugned public notice also infringes the right of the petitioner under Article 19(1 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 188/2022 Page 6 of 10 Signing Date:12.10.2022 12:19:51 )(g) of the Constitution of India and it overrules the provisions of copyright. The impugned public notice does not provide any such reasonable restrictions in the context of Article 19 of the Constitution of India. Even otherwise, those restrictions ought to be imposed through process of law to be enacted by the Parliament or the State Legislature as the case may be. Such restrictions cannot be imposed by means of executive restrictions and public notice seeking to explain or interpret the provisions of law without sanction and leave of the legislative authorities. The public notice seeks to impinge upon the fundamental rights and protections granted by the Constitution of India and is violative of Articles 13 and 14 of the Constitution of India. The protections granted by the copyright Act are sought to be abridged by the public notice, which is unsustainable.
Delhi High Court Cites 11 - Cited by 2 - G S Sistani - Full Document
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