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2010 Supreme(Guj) 151

K.A.PUJ
CINEMASTER (A DIVISION OF ASIAVISION ENTERTAINMENT) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
1. SPECIAL CIVIL APPLICATION No. 5271 of 2001
MS. SRUSHTI A. THULA for Petitioners.
MR. NIKUNT RAVAL, AGP for Respondent Nos.1 - 6.
MR. S.V. RAJU for Respondent No.7.
RULE SERVED for Respondent No.8.
2. SPECIAL CIVIL APPLICATION No. 12738 of 2001
MR. B.M. MANGUKIYA for Petitioners.
MR. NIKUNT RAVAL, AGP for Respondent Nos.1 - 5.
MR. TUSHAR MEHTA for Respondent No.7-8.
RULE SERVED for Respondent Nos.6.
3. SPECIAL CIVIL APPLICATION No. 17783 of 2003
MR. B.M. MANGUKIYA for Petitioners.
MR. NIKUNT RAVAL, AGP for Respondent Nos.1 - 4.
MR. UTPAL M. PANCHAL for Respondent No.5.
4. SPECIAL CIVIL APPLICATION No. 16062 of 2004
MR. UTPAL M. PANCHAL for Petitioners.
MR. NIKUNT RAVAL, AGP for Respondent Nos.1 - 5.

JUDGMENT

1. Since all these petitions are inter-connected and the issues involved therein are in relation to the conflicting interests of the parties and since they are heard together, the same are being disposed of by this common judgment and order.

2. Special Civil Application No.5271 of 2001 is filed by Cine Master, a Division of Asia Vision Entertainment Private Limited and another praying for direction to the respondent authorities to exercise the power of seizure whenever any infringement of right is brought to their notice by seizing all the equipments including the Projectors, Television Sets, Amplifiers, speakers, Video Cassette / Video CD / DVD Players etc. used for infringement of copy rights by unauthorized public exhibition of films on Video Cassettes / public video CDs / DVDs without obtaining any license or written permission from the owner of the copyright. The petitioners have also prayed for the direction to the respondent authorities not to treat the offence of infringement of copyright as a bailable offence but to treat the same to be non-bailable offence. The petitioners have also prayed for the direction to the respondent authorities not to require the petition


















































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