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DELHI HIGH COURT
JYOTI SINGH
Star India Pvt. Ltd. – Appellant
Versus
Ashar Nisar – Respondent
| Table of Content |
|---|
| 1. administrative orders for procedural compliance. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 2. plaintiffs' exclusive rights under copyright act established. (Para 21 , 22) |
| 3. defendants' infringement of plaintiffs' rights discussed. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. court considers injunction necessary based on plaintiffs' claims. (Para 30) |
| 5. injunction granted against infringing defendants. (Para 31 , 32 , 33) |
ORDER
IA No.5336/2022 (exemption)
1. Allowed subject to all just exceptions.
2. Application stands disposed of.
IA No.5337/2022 (u/O. XI Rule 1(4) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 r/w S. 151 CPC seeking leave to file additional documents)
3. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order 11 Rule 1(4) CPC.
4. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.
5. Application is allowed and disposed of.
I.A. 5335/2022 (under Section 80 read with Section 151
Court granted an ex parte ad-interim injunction, ruling that balance of convenience favored plaintiffs in preventing irreparable harm from copyright infringements during legal proceedings.
Provisions of Order XIII-A of CPC, as applicable to commercial disputes.#12;
The court established that unauthorized distribution of cinematograph films constitutes copyright infringement, allowing for dynamic injunctions to protect against evolving infringement tactics.
Indian Copyright Act, 1957 confers a bundle of exclusive rights on owner of a “work” and provides for remedies in case copyright is infringed.
The court exercised discretion to allow separate trials despite the suit not meeting the requirements of joinder of plaintiffs, and relied on legal provisions to direct the defendants to block access....
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