Back
IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
In the matter of : Dev Sahitya Kutir Pvt. Ltd. – Appellant
Versus
Archana Debnath – Respondent
| Table of Content |
|---|
| 1. affidavit and urgent nature of case. (Para 1 , 2) |
| 2. allegation of copyright infringement in plaint. (Para 3 , 4 , 5 , 6) |
| 3. arguments against the injunction order. (Para 7 , 8 , 9 , 10 , 11) |
| 4. locus standi and prior knowledge of infringement. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. probate requirements under the indian succession act. (Para 18 , 19 , 20 , 21 , 22) |
| 6. citing case law regarding copyright injunctions. (Para 24 , 25 , 26 , 27 , 28) |
| 7. court's finding on necessity of probate. (Para 30 , 31 , 32 , 33 , 34) |
| 8. clarification on legal precedents. (Para 36 , 37 , 38 , 39 , 40) |
| 9. plaintiffs' rights as heirs in the suit. (Para 63 , 64 , 65) |
| 10. continuity of cause of action in copyright cases. (Para 68 , 69 , 70) |
| 11. final judgment and order. (Para 84 , 85 , 86 , 87 , 88) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. Affidavit of service filed today be taken on record.
2. In view of the extreme urgency involved, and since the issues involved in the interim application and the appeal are identical, we admit the appeal and take up the same for hearing along with the application.
3. The plaintiffs / respondents have filed Title Suit no.01 of 2026 before the learned District Ju
Plaintiffs can maintain copyright infringement suit as heirs and executor despite lack of probate; injunction is standard in copyright cases to prevent irreparable harm.
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.
The central legal point established in the judgment is the interpretation of jurisdictional provisions under Section 20 C.P.C, Clause 12 of the Letters Patent, Section 134(2) of the Trade Marks Act, ....
(1) Appointment of Administrator Pendente lite – Interim protection order cannot be granted in respect of estate which belongs to a Hindu/ Mohammeden/ Sikh/ Jain.(2) Inherent Jurisdiction – No inhere....
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
The court ruled that Section 12-A of the Commercial Courts Act applies to intellectual property suits, emphasizing that delay in filing does not negate urgency for interim relief.
An interim injunction is not a 'judgment' under Clause 10 of the Letters Patent as it does not determine the merits of the case and is thus non-appealable.
An executor has the right to object to eviction proceedings regardless of the probate status of the Will, ensuring protection of the testator's estate, per the provisions of the Indian Succession Act....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
