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A. S. CHANDURKAR, RAJESH S. PATIL
Ranjan Vasudeo Kolambe – Appellant
Versus
Appa Alias Hanmant Maroti Hatnure – Respondent
JUDGMENT :
(PER : Rajesh S. Patil, J.)
1. This Commercial Appeal From Order is filed under Section 13 of the Commercial Courts Act, 2015 (for short ‘the said Act’) by the appellant (original plaintiff), challenging the impugned judgment and order dated 15th June 2024 passed by the District Judge, Pune on application (Exhibit 5) in Commercial Suit No.13 of 2024, thereby dismissing the application (Exhibit 5).
FACTS
2. The parties are hereinafter referred for convenience as per their nomenclature before the District Court in Commercial Suit.
3. The plaintiff filed Civil Suit for a declaration and injunction for infringement of copyrights under Section 55 of the Copyrights Act and under Section 38 of the Specific Relief Act, against the defendant no.1 and 2, who according to the plaintiffs have copied the entire material of plaintiff’s two books viz. “ Hkkjrh; vFkZO;oLFkk ” and “ Hkkjrh; jkT;?kVuk iz’kklu ” written in Marathi language (for short “the said two books”).
4. It is plaintiff's case in plaint that the set two books were written by the plaintiffs and these books are published by Bhagyarathi Prakashan owned by Mrs. Poonam Ranjan Kolambe who is the wife of the plaintiff. It is also
Originality is essential for copyright protection; works based on public domain information do not qualify for such protection.
The plaintiff's teaching method, including tuition classes outside school hours and notes beyond the curriculum, could make him the owner of copyright to that extent, a matter to be decided at trial.
The assignment of copyright by an author remains valid unless explicitly revoked in accordance with statutory requirements; acquiescence does not bar copyright claims when infringement is ongoing.
There can be no copyright in an idea, subject-matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and e....
Plaintiffs can maintain copyright infringement suit as heirs and executor despite lack of probate; injunction is standard in copyright cases to prevent irreparable harm.
if there is no infirmity found in the order of the Trial Court, injunction against encashment of bank guarantee and letter of credit should not be granted except where fraud or irretrievable damage i....
Point of Law : Trial Court would be justified in putting an end to vexatious, frivolous, meaningless and sham litigation. But this power may be exercised only where the plaint clearly discloses no ca....
A plaintiff cannot file multiple suits for the same cause of action concurrently in different jurisdictions; it constitutes forum shopping and is impermissible under Order II Rule 2 CPC.
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