B.R.ARORA, J.C.VERMA
GIRISH GANDHI – Appellant
Versus
UNION OF INDIA – Respondent
VERMA, J.
( 1 ) BOTH the writ petitions involve similar facts and law, challenging the vires of various Sections of the Copy Right Act, therefore, are being decided together.
( 2 ) THE facts are similar, therefore, the facts are being taken from D. B. Civil Writ Petition No. 660/89 (Girish Chandani v. Union of India ). The petitioner is carrying the business of keeping library of Video Cassettes, T. Vs. and V. C. Rs. for letting them on hire to the customers for viewing them at their homes. The petitioner submits that even though he is keeping Video Cassettes which are duly certified, films of which the copy rights are sold by the producers to the copy right holders and were prepared after obtaining necessary licence and consent from the owner of the copy right and he purchases video cassettes from the market which are again supplied by either the producer or the copy right holder or the persons having necessary licence and consent from the owner of the copy right holders etc. , he still apprehends that powers under Section 64 (1) can be invoked against the him without any necessity.
( 3 ) EVEN though, no overt act has been taken or initiated against the petitioner but s
Referred to : R. G. Anand v. M/s. Delux Films
Pooranmal v. Director of Inspection of Income-tax
Manoharlal Bhogilal Shah v. State of Maharashtra
M/s. Devi Das Gopal Krishnan v. State of Punjab
The Collector of Customs v. Nathella Sampathu Chetty
Hans Muller of Nurenburg v. Superintendent, Presidency Jail Calcutta
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